The Town of Athabasca's council is in a state of havoc after a vote triggered the potential disqualification process of Mayor Roger Morrill and Coun. Tim Verhaeghe. At a special meeting held Feb.
The Town of Athabasca's council is in a state of havoc after a vote triggered the potential disqualification process of Mayor Roger Morrill and Coun. Tim Verhaeghe.
At a special meeting held Feb. 8, council carried a motion 4-1 to ìdisqualify î Morrill and Verhaeghe, according to the unofficial meeting minutes and reports from councillors.
The motion - made by Coun. Nichole Adams and carried with support from Coun. Tanu Tyszka-Evans, Coun. Shelly Gurba and Coun. Joanne Peckham - stated that it found Morrill and Verhaeghe ìliable to the Town of Athabasca î and called for their disqualification under the Municipal Government Act.
This motion came on the heels of another motion made by Verhaeghe to call the town's lawyer regarding a statement made by the former assistant chief administrative officer, that the town's chief administrative officer (CAO) Josh Pyrcz was intimidating staff.
Morrill said after the meeting that ìthe events of this past week are the culmination of almost two years of attacks by certain members on Coun. Verhaeghe and myself. î
ìThe charges made this past week have no substance, î he said. ìThere has been no contravention of the MGA (Municipal Government Act) by Councillor Verhaeghe or myself. î
Jerry Ward, public affairs officer with Alberta Municipal Affairs, said in an email that a municipal council cannot disqualify one of its members. A disqualification can only be made after an application to the Court of Queen's Bench.
ìCouncil does not have the authority to disqualify a member of council, but does have the authority to make an application to the Court of Queen's Bench for a decision, î he said.
The regular town council meeting set for today, Tuesday, Feb. 16, has a topic on the agenda addressing that issue.
ìThere's consequences to the action that they did, î said Gurba, who has put the disqualification application to the Court of Queen's Bench on the agenda. ìAnd so that's why I'm taking it to the next level. î
But what did Morrill and Verhaeghe do?
The facts are shrouded by in-camera sessions, private portions of council meetings where councillors close the doors to discuss matters like personnel and legal issues.
Coun. Verhaeghe's motion
The unofficial minutes of Feb. 8's special meeting refer to a statement to the mayor from the town's former assistant chief administrative officer, Melody Wolansky.
After a 45-minute in-camera session, Verhaeghe made a motion that says Wolansky's statement was ìregarding an immediate or urgent situation at the town office as the CAO was intimidating staff. î
In a later interview, Wolansky said she worked for the town for about 19 years before resigning. She said she would like to give town council the courtesy of introducing her issues at their next meeting.
ìI want to give them the chance to work with this, because it hasn't gone to a council meeting yet, î she said.
Pyrcz said in an email that he would not comment on ìany explicit or implicit allegations. î
ìWhen a workplace goes through a major change, like the loss of a long term staff member, we must be careful that we follow all policies properly and that the process of collaboration between staff and council is maintained, î he wrote. ìProfessionalism is the key to success, not divisive remarks.
ìAs with many things, every story has different sides and those will become apparent in due course. My staff have been nothing but professional and supportive - Athabasca is lucky to have them, as am I. We will continue to work to provide quality services to residents and to implement council's direction. î
Verhaeghe's motion, supported by Morrill and Coun. Schafer, did not pass.
ìIt's never a bad idea to seek some advice, î Schafer said.
Adams said she thought the motion was ìnasty î to make, adding that there are policies and procedures in place to deal with personnel issues.
ìIf I had voted for that motion, then it would have been the town's position that the CAO was intimidating staff, and I don't know if that's right, î she said.
Liability
Adams made her motion stating that the mayor and Verhaeghe are ìliable î to the town - meaning they owe the municipality money.
The unofficial minutes state that Morrill and Verhaeghe left the meeting before the motion was publicly read. Verhaeghe said he would not elaborate further on that.
ìObviously, there's a lot of drama going on, î Adams said. ìI don't want to get too (much) into the details because they were in-camera discussions, but I mean, there's a lot going on. î
ìThe town will send a letter to Mayor Morrill and Councillor Verhaeghe requesting they pay back any outstanding liabilities, î Pyrcz said in an interview last week after the meeting.
Verhaeghe questioned the basis of the motion, stating that there was no expenditure.
ìHow can you make a motion accusing someone with liability when you don't know what the liability is? î he said. ìThat's the whole problem with this motion Ö As far as I know, there's been no liability to the town at the present time. î
He also pointed out Section 535 (2) of the Municipal Government Act, which states that councillors are not liable if they are acting in ìgood faith. î
ìIt is my opinion only that this is nothing but a personal attack by some councillors toward the mayor and myself, that has basically been going on for quite some time, î he said.
When asked if he was going to resign, Verhaeghe said, ìI'm not going to answer that question at this time. î
Verhaeghe also pointed to the potential court costs, specifically noting the case of Wainwright versus Bruce Willerton in 2000.
Willerton had been a councillor for 18 years when he went to court with Wainwright's council for disqualification. He won the case, and the municipality ended up owing Willerton for court costs of a solicitor/client basis.
ìThere are other options available - why are we not looking at those other options? î Verhaeghe said.
ìThere is a whole history of case law, and very rarely is a person disqualified from council, î he also said.
What's next?
Gurba said that at this point, she does not see dispute resolution solving any of the issues council has.
She said she is ready to bring forward the discussion about legal action against Verhaeghe and Morrill.
ìI definitely believe it's in the best interests of the town, because otherwise I would not be doing it, î Gurba said.
Schafer said the reasons he voted against Adams' motion on Feb. 8 will probably become more clear as time passes.
ìThis isn't Survivor, you know, as far as just voting people off or making the motion to vote people off, î he said.
Coun. Peckham said all these issues are going to seed more dissention in the community.
ìMy favourite show is House of Cards - I don't need to see that playing out here, î she said. ìThis is not the way it's supposed to be in a little municipality. î
- With files from Jordan MacDonald
