The Downtown BIA has released the results from its recent byelection, which was required to install six new members on the board following several resignations back in the fall.
The results, which were made public Tuesday evening, show Jason Ing leading the way with 153 votes, followed by Daniela Fuda (141), Rob Hamilton (137), Paul Lynch (133), Colin Hassey (132), and Cait Patrick (128).
Rounding out the remainder, and failing to win one of the six open spots, were Sarah Jensen (31), Janet Kemp (31), Denise Tucker (25), Victoria Butler (25), Morgan Sheridan (25), Mark Rogowski (20), Shannon McIntyre (19), Robyn Latchman (17), Jesse Kerr (15), Stefano Agostino (13), Jim Trimble (6), and Judith Tenenbaum (4).
The voting process, however, was called into question by Latchman over the use of multiple proxies.
A legal memorandum that was sent to the BIA by its lawyer, Jim McIntosh of Barriston Law, indicated “the proxies cast by the individuals in question were cast on behalf of corporate members as well as individual members entitled to vote in their personal capacity.
"The voting package that had been sent out to all members included a proxy voting form to be completed, but did not contain any specific procedural guidance regarding the use and verification of the proxy or limitations on the use of the proxy," the memo added.
When reached by BarrieToday about the byelection results, Latchman said she was unable to comment.
Of the six candidates with the most votes, the candidate with the least amount was Patrick with 128. Even if all 64 of the potentially ineligible proxy votes were subtracted from her total, she'd still have won 64 votes, 33 more than the seventh-place candidate.
Last week, the BIA board decided to release the legal memo as well as the byelection results (voting closed Jan. 24) and give the six members-elect and the public a chance to review the information.
A final decision on what to do with the results is not expected until at least March 3.
Patrick, who spoke to BarrieToday on Wednesday at her Homestead Artisan Bakery on Dunlop Street East, said she believes the wait to ratify the members-elect doesn’t make sense, especially now that the results have been made public.
“If you took all the votes that are being questioned, I would have still been a part of the winning six,” Patrick said. “What’s worse is saying that votes are being questioned because no one did anything wrong, which has been said multiple times by the board, even in their statement.”
The board issued a statement Tuesday saying they believe “all candidates acted in good faith with the information and clarification provided.”
Despite the delays in the byelection process, Patrick said she still wants to help out with BIA decisions and the downtown business community.
“It has definitely been an unexpectedly stressful process," she said. "I put my name out there because I wanted to do good for our community. I wouldn’t say I’m deterred, but it has been discouraging.
"I wholeheartedly wanted to volunteer my time and help, and I still want to be a member of the board and bring my skill set to the other members and their skill set," Patrick added.
Interim BIA chair Coun. Sergio Morales told BarrieToday he understands that some believe the byelection results are the same with or without the disputed votes, but said the process needs to be complete and proper.
“The practicality of results is one thing," he said. "We also need to make sure the elections are held with the proper integrity."
Within a span of only a few days back in October 2019, six people left the BIA amid turmoil on the board. Tucker (chair), Tom Ambeau (vice-chair), Ing and Lynch all signed a joint letter announcing they were stepping down, shortly after Wayne Hay and Tracey Baker also indicated they were resigning.
At last Friday's emergency board meeting, it was decided to hold off on either ratifying the results or calling a new byelection until the members-elect could seek their own legal advice.
A March 3 deadline was set for any disputes before a final decision is made.
A new executive director, Kelly McKenna, begins her role on March 2.
City council would still have to ratify the byelection results to make them final.
