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Tucker disclaims herself from trustee race

A candidate in the Foothills School Division trustee byelection for the Ward 1 seat on Oct. 22 won’t take the job if she gets the most votes.
Trustee Election
Ward 1 byelection winner Jeannine Tucker defeated Jack Molyneux 60-43 in the Oct. 22 byelection but cannot take the trustee seat after disclaiming herself on Oct. 11.

A candidate in the Foothills School Division trustee byelection for the Ward 1 seat on Oct. 22 won’t take the job if she gets the most votes. Former trustee Jeannine Tucker, who was disqualified last year resulting in the byelection, signed Alberta Elections papers on Oct. 11 stating “that I disclaimed all right to the office of trustee of Foothills School Division and all defence of any right I have to it.” That leaves former Red Deer Lake school teacher Jack Molyneux the lone person running against Tucker in the Oct. 22 byelection — the one candidate who can take the seat. But still the bylelection is a go. Drew Chipman, assistant superintendent of Foothills corporate services, said it is legally obligated to proceed with the election. Tucker won her second term to represent the Longview, Black Diamond and Turner Valley area as trustee in October 2017. She was disqualified approximately two months later due to a fiduciary interest for operating the school canteen at the Oilfields High School in Black Diamond. Her appeal was dismissed by Judge Willie deWit in July, which led to trustees calling the byelection for this Monday. “I can’t put my family or myself in any further legal jeopardy,” Tucker said in an interview Thursday. She is concerned she would be disqualified if she won and possibly face financial consequences. As a result she disclaimed herself from the election. Foothills School Division received a legal opinion that a disqualified trustee cannot run for two municipal elections after being removed from office. Chipman stressed trustees had made no predetermined decision on whether Tucker was eligible if she was elected on Oct. 22. “They are not going to decide on something that hasn’t happened,” he said. Tucker said she believes the division’s legal team would ask for her disqualification. As well she is concerned she faces the potential of a penalty of a $10,000 fine or six months in prison and the possibility of having to pay for the byelection, the possible penalty if an individual knowingly runs for election for which he or she is knowingly not eligible. She was made aware of the potential penalties by the division. Meanwhile, Molyneux is going to continue to get the vote out for Monday’s byelection. “Jeannine could still be voted for, she is still on the ballot, there could be a sympathy vote or protest vote, the results aren’t a given,” said Molyneux, who lives in Turner Valley. “There’s no prize for second place in this one… I can’t let people think this is a foregone conclusion and not vote. “It’s such a weird situation, I think people will be surprised they have to vote and the election is still on.” He sympathizes with Tucker, about whom he has heard positive things during her trusteeship from 2013-17. “I feel badly for Jeannine and this situation she has been put into,” Molyneux said. “I voted for her before, I guess this is her decision that she couldn’t hold the seat.” If Tucker does win, trustees would have to decide whether to have another byelection or, a less likely scenario, the division would operate without a Ward 1 representative, Chipman said. The five remaining trustees on the board have covered the Ward 1 area since Tucker’s disqualification. They are Ward 2 — Bill Young; Ward 3 — Theresa Letendre; Ward 4 (Okotoks) Larry Albrecht, Sharon Nichols; Ward 5 — Jennifer Kristiansen.  

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