The Town of Athabasca has filed an application to Court of Queen’s Bench to disqualify and remove two of its councillors.
The town filed the application on Nov. 18. It requests the disqualification and removal of Councillors Nichole Adams and Tanu Evans from council, and a declaration of their vacant positions on council.
The application states that Adams organized a deal between the Aspen Village Condominium and the town, which was never approved or brought to the attention of council.
“The Condominium, and thus Adams, received a pecuniary benefit by having the Town’s contractor complete the work for the Condominium,” the application reads. “She was able to make those arrangements based on the information she obtained about the project by virtue of being on Town council.”
The application later states that when council made the motion to ask Adams to resign at the Sept, 20 council meeting, or for council to make an application to Court of Queen’s Bench to have her disqualified, Evans “refused to vote on the matter, and left the meeting instead of voting on the motion.”
It also states that Evans did not declare a pecuniary interest on the matter and was not required or permitted to abstain from discussion or voting on the matter for any other reason.
The application also includes an affidavit from interim chief administrative officer Doug Topinka.
“I was directed by council to proceed to take the matter to the Court of Queen’s Bench and that’s the process that is used,” Topinka said, regarding his reason for filing an affidavit.
Topinka’s affidavit also includes exhibits of evidence including minutes from meetings where the motions to disqualify were made, an email chain detailing conversations between Adams and former CAO Josh Pyrcz over the paving completed around Aspen View Condominiums, and invoices for the work.
Topinka’s affidavit states that, at the Sept. 20 meeting, council went in camera just after 10 p.m. and when they came out, they began discussing Adams and the issues that led to Motion 16:430, the motion to remove her. It further states,” Rather than debating and voting on Motion 16:430, Evans left the meeting.”
Topinka later clarified there was no discussion after the in camera session, and that council moved right to the motion.
The minutes included with the affidavit also point out that on Sept. 20, prior to the motion in question, Coun. Tim Verhaeghe made a motion to refer a software issue to the town’s laywer.
Evans addressed the application in an email.
“At this time my only comment would be to ask once again why councillor (Tim) Verhaeghe and the mayor (have) brought this motion against me, when their long time ally councilor (Steve) Shafer (sic) has admittedly broken quorum while a motion was on the floor allowing a pivotal vote to fail,” Evans said in an email. “Yet no motion has been brought against him.”
Evans was referring to the April 19 council meeting, where both Schafer and Coun. Shelly Gurba walked out of the meeting, breaking quorum to avoid voting on off-site levies for the new EPC School.
“The tax payers of this town are now paying the legal fees for a personal vendetta initiated by councilor Verhaeghe,” Evans added.
Verhaeghe responded to Evans’ comment in an email, stating he was not at the meeting Evans was referencing.
“It appears to me that Cr. Evans may be trying to deflect the allegations that he is facing, however, as this matter is now before the Court I am hesitant to provide comment,” he added. “Whatever he has to say, he can say it in the context of the Court proceedings and it will be for the Court to determine.”
Mayor Roger Morrill also responded to Evans’ comment.
“I am not aware that breaking quorum contravenes any part of the MGA,” he said. “Failure to vote on an issue does. Councillors must take responsibility for their own actions. I am tired of addressing the dysfunction of this Council and I refuse to play the blame game. I choose to let Municipal Affairs provide the inspection promised to this community and the answers they will provide.”
The Advocate reached out to Coun. Adams, but did not receive a response before publication deadline.
The application will be heard at the Law Courts Building in Edmonton on Dec. 12.
– With files from Allendria Brunjes
