Politician resignations and personal liability for by-election costs.

AuthorBowal, Peter

"I look forward to working with and representing you."

--Premier Jim Prentice, January 1, 2015

"My contribution to public life has come to an end."

--Premier Jim Prentice, May 5, 2015 within minutes of being elected as an MLA

Introduction

Several months ago, this employment column discussed the law of employees quitting their jobs. Then on May 5, 2015, the Premier of Alberta announced he was quitting a four-year job as a Member of Alberta's Legislative Assembly (MLA), which he actively sought and which voters had just given to him. Admittedly in the context of the lack of his party's success, he peremptorily proclaimed that his "contribution to public life has come to an end" even before all the votes were counted. A few days later, he confessed the MLA job suddenly reduced him a mere "distraction" in the legislature.

Four months earlier the MLA wrote to his constituents, "I am very proud to serve as the Member of the Legislative Assembly for Calgary-Foothills." What changed between January 2015 and May 2015? The first election came with the collateral perk of premiership and the latter, well, a mere opposition member. If the premiership was a condition precedent to accepting the job in May, he did not tell those employing him.

There may be political, social and personal reasons why one would refuse to take up a position one publicly expressed a strong desire to attain right up through the decision process. Nevertheless, this is an unusually hasty bolt for the exits. As far as deliberate quitting of a political office goes (as distinct from being unable to perform the job), it may be a world record, or even unprecedented.

A taxpayer advocacy group quickly called for the former Premier to pay for the approximately $250,000 for the cost of the upcoming by-election that this unilateral personal decision has triggered. That argument was mostly advanced on moral grounds.

This article considers various legal grounds for a resigning member's personal liability for triggering by-election costs.

Peremptory Resignation

How bad was this instant resignation? Well, consider that some 30,000 people on a corporate search committee was looking to hire their next leader. Five candidates, after much effort on their part, emerged as the short list. All five ceaselessly endeavored to win over the hearts and minds of the engaged, but admittedly unwieldy, search committee. Each candidate for the job had a dedicated team of supporters who worked tirelessly. They...

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