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Delta mayor says he's a 'defenseless punching bag' as police board chair

George Harvie says he’s forced to stay silent in his role as police board chair, something that must change
Harvie DPD motion
Delta Mayor George Harvie says the province’s Police Act needs to be modernized.

It’s imperative that an elected official who answers directly to Delta taxpayers be given an equal voice at the table.

That’s according to a notice of motion Mayor George Harvie brought forward to Delta council on Monday afternoon following news last week that the Delta Police Department hired a public relations firm last year to help manage the fallout from a June 2020 incident involving Chief Neil Dubord’s wife, Lorraine Dubord.

The contract was valued at $42,000.

Harvie, whose motion was approved, in a statement issued to media last Friday, explained that under existing rules, any expenditure under $50,000 that fits within the budget does not have to go to council or the police board for approval.

However, Harvie, who chairs the police board, said he would bring forward a motion asking city council to take steps to increase transparency by requiring any external contracts for public relations or communications services, regardless of value, to be brought to council for discussion and approval.

Saying he’s not speaking as police board chair or on behalf of the board, Harvie stated Monday that the nearly half-century old B.C. Police Act places restrictions on him as appointed chair, including having to remain neutral during all discussions, only voting when there is a tie vote and unable to move a motion, as well as the chair not being able to take independent action without the consensus of board members, including public statements.

“So how can I serve the interests of the citizens of Delta when as the only elected member of council on the board serving as chair, I can’t vote, can’t have an opinion, can’t make a motion, and can’t make a statement unless approved by the board? I wonder why I am even there. The media asked me an important question last week about an incident involving the use of taxpayer funds in the Delta Police Department. The current restrictions mean I had to stay silent in my role as board chair, relegating me to play the part of a defenseless punching bag,” said Harvie.

“I do understand that the 46-year-old rules that are currently in place were drafted with the intent to prevent political interference into local police forces. I agree with the importance of having a police service that is completely independent from political interference when it comes to operational matters.

“However, it is imperative that at least one Delta elected official is represented on the Delta Police Board, with equal rights as other board members, in order to ensure proper oversight of close to $50 million dollars in annual funding handed over to the Delta Police Board from taxpayers every year.”

Harvie also said other mayors who serve as chairs of police boards in B.C. have registered the same concerns.

Saying he appreciates the province’s recent appointment of the Special Committee on Reforming the Police Act, Harvie added even the province agrees that it is time to modernize the act.

Harvie proposed Delta make a submission to the new committee, a submission stating the need to change and modernize the current structure and governance of boards, the need to provide additional representation of elected council members and ensure the elected council appointees have equal rights to participate as appointed board members.

“It is imperative that an elected official who answers directly to the taxpayers of Delta is given an equal voice at the table to help oversee the $50 million taxpayer investment in our Delta police services,” he said.

Coun. Lois Jackson disagreed that the fault lies with the Police Act, noting the mayor is not supposed to have control of the board, but as chair oversee the business of the board.

Saying it’s the mayor’s responsibility to bring forward to council issues regarding money, Jackson said she’s never had a problem as police board chair, when she was Delta’s mayor, discussing money issues.

During council debate, Jackson also brought forward her own motion asking whether the Police Board knew of the expenditure by the DPD.

She added she nonetheless looks forward to any discussion on how to enhance the Police Act.

Harvie responded that one of his biggest frustrations is that he couldn’t make a statement without approval of the board, something stipulated in the act.

Delta Police statement

DPD Deputy Chief Harj Sidhu said last Wednesday that in compliance with restrictions set out in the FOI Act, the DPD did not release the contract, as it involved a third party – the consulting firm.

“In the interests of transparency however, I can disclose that the full value of the contract was approximately $42,000 – including funds paid after the FOI request was received,” said Sidhu. “The DPD works hard to be fiscally responsible and is continuously looking for efficiencies and costs savings while maintaining safe communities. In 2020 the DPD had a budget surplus of approximately $975,000 which will be returned to the City and ultimately the taxpayers of Delta.

“The cost of the consulting firm, as indicated above, was managed within the DPD’s 2020 budget. No additional funds were sought from the City. The contract with the firm was set up by former Deputy Chief Norm Lipinski, and he consulted directly with the firm. The terms of the contract were to assist the DPD with communications regarding a complex and unusual set of circumstances.”

History of the incident

The incident involving Lorraine Dubord occurred on June 6, 2020 when Richmond teacher and Surrey resident Kiran Sidhu was making her way back to her parked car after a socially-distanced picnic with friends at Centennial Beach in Boundary Bay.

Unfamiliar with the beach area, and with the tide coming in, Sidhu said she was forced to climb onto rocks, which are on public property, to get to where her car was parked.

As Sidhu walked across the rocks, which were along the Dubord’s fence line, she said Lorraine Dubord yelled at her over the fence from her back yard to get down, but with the tide coming in, Sidhu said she was unable to do so.

Both Dubord and Sidhu exchanged words and Dubord left their altercation only to return moments later where she allegedly sprayed Sidhu with a garden hose.

Surrey RCMP investigated the incident and recommended charges against Dubord of one count of uttering threats for allegedly threatening to push Sidhu off the rocks and one count of assault for spraying her with the hose.

An RCMP investigation was initiated after Sidhu was not happy with how DPD handled her case and after she logged a formal complaint with the department.

The BC Prosecution Service in September announced that rather than charges, Dubord would face alternative measures.

Lorraine Dubord did issue an apology when the story broke late last June, provided exclusively to the Optimist, for “the way the situation was handled.”

OPCC still investigating

There is still an external Vancouver Police Department (VPD) investigation into related matters concerning Lorraine Dubord, an investigation that has civilian oversight through the Office of the Police Complaints Commission (OPCC).”

The OPCC last month announced that it was extending the timeline for its investigation.

It is expected that the OPCC investigation report will be released sometime in March.