Friday, May 10, 2013

DeGagne v. Williams Lake (City)

Earlier today - I secured a copy of the court document of DeGagne v. Williams Lake (City).  The allegations contained therein are very scary, if proven true.  The City of Williams Lake has 21 business days to respond to this civil suit, just like in the Cariboo RD v. City of WL lawsuit over rural fringe fire protection.  Their response, by my count, is due June 5th

Mr. DeGagne's says in mid-Feb of 2013 - he was contacted by Williams Lake Mayor Kerry Cook to express her excitement about DeGagne starting his job as CAO of Williams Lake on March 1st of this year and apologized for two files that he would, at that time, have to deal with -- mainly the then labour dispute between the IUOE and the City & also the-then lawsuit between the Cariboo RD and the City over rural fringe fire protection

DeGagne a few days later contacted the City of WL Managers of Legislative Services & Human Resources to get details about the Cariboo RD lawsuit and the labour dispute.  The City Manager of Legislative Services did provide Mr. DeGagne will details around the-then court action involving the City of WL and the Cariboo Regional District

On Feb 27th - Mayor Cook handed Mr. DeGagne a termination letter.  Mr. DeGagne says that Section 152 of the Community Charter was not properly followed, as follows:

Termination of officers

152 (1) Subject to a contract of employment and subject to providing the officer with an opportunity to be heard, the appointment of a municipal officer may be terminated by the council as follows:

(a) in the case of termination for cause, by immediate termination without any period of notice;
(b) in any other case, by termination on reasonable notice.
(2) A termination under subsection (1) (b) may only be made by the affirmative vote of at least 2/3 of all council members.

Frankly - I'm appalled that the above step was missed, given the vast majority of this Council (with the exception of WL City Councillor Hughes) has experience in regards to the termination of Senior Staff, given the termination of former City of WL Director of Finance Candie Laporte just a couple of years ago. As well, logic would say that if you were forewarned about items to hit your desk before you start your new job - you would want to 'educate' yourself beforehand.  I don't see how that equates to 'terminate for cause', unless a member of Williams Lake City Council wants to explain that one to me and my fellow residents' who will likely pay for Council's mistake on this matter....

Whatever the City defence - I suspect strongly that the BC Supreme Court Justice that deals with this civil action will equally be appalled with the City's actions and will hand Mr. DeGagne a significant sum of money - a conservative estimate would be in the range of $300,000 (1 year salary + special damages)

Find the Court document below for your own review:


8 comments:

Jim said...

Steve you're always very quick to assume the City (and/or Council) is in the wrong here. You are reading ONE version of events, and a very, very biased on at that. A prudent, reasonable person waits to hear all the facts before he judges.
This fellow can make all the accusations he wants but they must be proven in court.
I'll be interested to see the FACTS.

Steve Forseth said...

Jim:

Thanks for your comments - as you rightly say, we only have one side at this point. The City, obviously, is constrained by legalities as to why they would be unable to put out its' side until a Judge makes a determination to this case

I still stand by my own conclusion that the facts put forth by Mr. DeGagne do not bold well for the City to win this case in Court, but of course, we'll know for sure in due course

Steve

Anonymous said...

I find it difficult to imagine how this could amount to termination for cause. He wasn't even given a chance to display whether he could do the job or not. Yes, we do not have all the facts, but it certainly looks bad. Does the city now have money to throw away on damages for this gentleman, plus legal fees in the meantime? If so, maybe they could toss some my way as well.

Anonymous said...

What's the status now Steve?

Steve Forseth said...

Judge's ruling expected any day now

Steve

Anonymous said...

And now?

Steve Forseth said...

Nothing yet as of today - Nov 6th :(

Anonymous said...

Is the judge keeping it all to himself or are they trying to avoid the election.