Cynthia and Tim Day with their dog in front of the contentious boulevard. (Shalu Mehta/News staff)

Colwood councillor arrested in December faces potential censure

December dispute leads to Thursday’s hearing for Coun. Cynthia Day

Colwood council holds a special meeting Thursday evening to consider the censure and sanction of Coun. Cynthia Day following a December dispute that led to her arrest.

A Censure Hearing is a formal council resolution to reprimand one of its members for a violation of a law or city policy. It could result in sanctions that limit the member’s appointments to committees and other opportunities to represent the municipality, according to the City of Colwood. Censure does not carry a fine or dismissal from council.

In early December 2018, Day was arrested in an ongoing dispute with the City over the boulevard in front of her house.

Day’s husband, Tim, built rock walls on the boulevard in front of their home on Charnley Place in 1995. After conducting an engineer’s report, the City says the walls were a safety and liability issue, but Day and her husband disputed the claim.

READ MORE: Colwood Coun. Cythia Day arrested over ongoing dispute with city

The City says it was advised that trees planted near the rock wall had fallen on a nearby home in 2017.

In December, the City went to take the rock walls down but Day refused to move from the area so work could not begin.

“I told them I wasn’t going to go willingly. I had a right to protest,” Day explained after the incident.

Day was arrested for mischief but released without charges, based on her giving her word that she wouldn’t obstruct work any further.

According to a report from the City of Colwood, three potential dates were provided to Day for the Censure Hearing and Day was asked to advise staff which one worked best.

Staff contacted Day three times between April 30 and May 6. They heard back from her once, but she did not provide a preferred date. On May 9, a letter from the acting chief administrative officer was e-mailed and hand-delivered to Day setting the date for the hearing as June 6.

READ MORE: Colwood councillor needs more time to prepare for Censure Hearing

Day has served as a City of Colwood councillor for about 17 years and has been part of committees such as the Victoria Family Court and Youth Justice Committee and the Interminicipal Advisory Committee on Disability Issues.

Concerns highlighted in the report have to do with a breach of the City’s Code of Ethics by Day.

For example, when asked to move to allow work to move forward on the boulevard, Day refused and staff left the site. The report says this may be a breach of the Code of Ethics where members are required to show “respect for process” and will not “impair the ability of staff to implement Council policy decisions.”

Media interviews Day conducted with local news outlets are also issues of concern according to the report. Comments made in the interviews may be a breach of the Code of Ethics and conduct of members where it states “members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of council, committees, the staff or the public.”

READ MORE: Colwood councillor to face hearing over Code of Ethics violation concerns

On Thursday council will decide whether or not to publicly censure Day for her actions and statements. Colwood council will also decide if any sanctions will be considered. If so, each sanction will be considered individually and Day will be offered an opportunity to be heard and vote on each sanction motion.

“The balance of council was compelled to respond to concerns expressed about Coun. Day’s recent conduct,” said Colwood Mayor Rob Martin in a January statement. “We are committed to going into this process with an open mind and moving forward as a united council with a clear understanding of the line between what is and is not acceptable behaviour for council members.”

shalu.mehta@goldstreamgazette.com


Like us on Facebook and follow us on Twitter

Just Posted

Victoria women’s program in critical need of household items for women

Everything from dining sets to beds is needed to keep their programs running

Saanich firefighters save Remembrance Day ceremony at retirement home

The flag cord broke and crews worked to get it back up in time for the ceremony

Christian minister accused of transphobia draws small audience, protesters in Sidney

Art Lucier is ‘100 per cent’ sure would-be audience stayed away because of perceived controversy

Confused semi driver drives wrong way on Malahat, backs up morning traffic in both directions

Stalled, unoccupied car also affecting morning commute near McKenzie Avenue

CPR month promotes hands-on approach to life-saving measure

PulsePoint Respond App alerts people if there is a victim of a cardiac arrest within 400 metres

VIDEO: Don Cherry says he was fired, not sorry for ‘Coach’s Corner’ poppy rant

Cherry denies he was singling out visible minorities with his comments

Greater Victoria 2019 holiday craft fair roundup

Get a jump on your holiday shopping

Disney Plus streaming service hits Canada with tech hurdles

Service costs $8.99 per month, or $89.99 per year, in Canada

Trudeau’s opponents: One gives him an earful, another seeks common ground

PM meets with Conservative leader Andrew Scheer and Saskatchewan Premier Scott Moe

Rona’s ‘truly Canadian’ ads are inaccurate, watchdog says

Ads Standards points out U.S.-based Lowe’s acquired Rona in 2016

Brian Burke considered favourite to replace Don Cherry

Brian Burke is the 5-4 pick to be the full-time replacement next season

Major donor Peter Allard takes UBC to court to get his name on all law degrees

Philanthropist claims school not adhering to 2014 agreement for his $30-million donation

Report predicts drug resistance likely to kill 400,000 Canadians by 2050

This increase is expected to cost Canada 396,000 lives, $120 billion in hospital expenses

Most Read