A dozen Township residents have petitioned the B.C. Supreme Court to stop 91原创 Township Councillor Misty vanPopta from holding her municipal seat as well as serving as MLA for 91原创-Walnut Grove.

VanPopta was elected in the October 2024 general provincial election. Most politicians resign a seat when elected to another role.

When she ran as a B.C. Conservative candidate, she was up-front when asked about keeping both roles. She did give up her day job as a project manager in the construction industry.

The suit filed Jan. 28 has been brought by residents Barbara Sharp, Francesca Birkland, Leah Chevallier, Saphie Chevallier, Brien Armstrong, Raffaelli DeBonis, Serafino Oliivo, Beverly Oliivio, Manuel Oliivieo, Susy Oliviero, Paole Mainella, and Wally Martin.

The petition argument is that vanPopta can't do both roles without being in a conflict of interest, and they ask the court to disqualify Misty vanPopta from continuing to hold elected office and to not continue to be paid or hold elected office as a member of the Township of 91原创 council.

In December 2024, she voted during a council meeting to allow herself to attend meetings remotely.

"Ms. vanPopta did not declare a conflict of interest, specifically a direct pecuniary interest from this vote, held on Dec. 16, 2024, at the Township of 91原创 council meeting, which has provided her with an additional $119,000+ remuneration for another elected position which conflicts with her meetings dates and duties for the Township of 91原创 council meetings," said the petition filed in late January.

The petition said that the Community Charter dictates what B.C. municipalities (except for the City of Vancouver) can do legally. The charter lays out the various conflict of interest rules that would apply to a Township councillor as well as the steps the public must take through the courts if people think there has been a conflict. The petition must be signed by 10 or more electors (voters) of that municipality.

"While senior levels of government cannot hold two different elected positions (federal and provincial), there is currently nothing in legislation that precludes someone from holding more than one office if they are a member of a local government<" the petition said.

VanPopta was elected to Township council as part of the Contract with 91原创 slate. After she was elected to her provincial seat, Township Mayor Eric Woodward, who created the slate, brought forward a motion to allow absentee votes from members of council and when it came to a vote in late 2024, amended it to say only the chair (typically the mayor) can decide whom can attend meetings electronically.

"This shows the change is not intended as a wide brush for all members of council. Ms. vanPopta is the only member of the Township council who stands to gain significant remuneration with this bylaw change," the petition said.

Her Township councillor pay is $70,321. Her base pay as an MLA is $119,532.

The motion and amendment came up for final approval in late December, and passed in a 5-4 vote with vanPopta voting in favour. The petition said that had vanPopta declared a conflict of interest and not voted on the motion, it would have been a 4-4 tie - which means the motion would have been defeated.

On Nov. 1, 2024, Coun. Kim Richter asked Township CAO Chanpreet Kooner to seek a legal opinion on a councillor also serving as MLA. According to the petition, Kooner told Richter she didn't have the authority to ask for a legal opinion, and that only vanPopta could ask for one.

"The council would be hard pressed to shirk that responsibility if they felt such an issue as a conflict existed within their own council and would/should be within their right to request such a legal opinion in order to perform their duties as a member representing the public at large and as the legal body responsible for the direction and upholding of policy for the Township of 91原创," the petition argues.

VanPopta defended her decision to hold the two jobs.

"A byelection to replace me on council would come at an unnecessary cost of over $300,000 to 91原创 taxpayers - an expense that far exceeds mine or someone else's (if there was a by-election) municipal wages for the remainder of my term," she told the 91原创 Advance Times.

"More importantly, it would rob my constituents of a stable and effective local government while undermining the democratic decision made by 91原创 residents in 2022."

She said here every decision is guided by what she thinks is best for her constituents.

"If I ever determine that I can no longer dedicate myself to both responsibilities, I will reassess my position," she said. "However, that moment has not arrived."

VanPopta said holding both roles will benefit the Township.

"[It] allows me to bridge municipal and provincial responsibilities, like the housing bills and the effect on our community, creating a more efficient and effective approach to representing 91原创," she told the newspaper.

"This dual role provides a unique opportunity to advocate for my constituents at both levels of government, ensuring that local issues are addressed with the attention and urgency they deserve."