Legality of sanctions against Strait Shores councillor questioned
CBC
Two experts in municipal government have a laundry list of concerns with how a councillor in Strait Shores was disciplined.
Coun. Andy MacGregor says the municipal code of conduct is being "weaponized" against him after he introduced a number of transparency motions shortly after being elected in January, including calling for previous financial statements to be posted, requiring a public tender when a municipal asset is sold, and imposing a deadline for posting meeting minutes.
He was sanctioned and then the mayor and two councillors resigned, all blaming MacGregor in their resignation letters and calling him the "town bully," accusing him of harassment and intimidation.
The councillors ended up rescinding their resignations, but a heated council meeting soon after saw residents outraged over the handling of MacGregor's sanctions and calling for all remaining councillors to resign.
But aside from categorically denying the allegations of misconduct, MacGregor said the sanctions are unjust because they differ from those under the Strait Shores council code of conduct and because they were imposed before an investigation is complete.
A constitutional lawyer agrees.
"It's almost like we're into Alice in Wonderland, you know, the sentence is first, then the trial, right? That's just simply not allowed in the current structure," said Lyle Skinner, who grew up near Fredericton but now lives in Ottawa.
"There's a linear process that any type of breach of code of conduct is supposed to follow. And in this case, everything's happening all at the exact same time."
MacGregor was told he could not contact any municipal staff or fellow councillors and is not allowed inside municipal buildings. He also said he has been shut out of his municipal email account.
Those are not listed as approved sanctions under Strait Shores bylaws, which say:
Skinner said MacGregor's punishments are technically sanctions but they effectively result in a suspension.
"If you physically are not permitted to attend council meetings, then yes, there is a de facto suspension in process."
The sanctions are invalid, he said, because "the town at the moment is not following the bylaw that they themselves set out."
The basis of the municipality's authority to use those suspensions is unclear because acting Mayor Annamarie Boyd refused to discuss MacGregor's sanctions and did not respond to a follow-up interview request.
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