Not smooth waters. The Information and Privacy Commissioner wants more info from the Resort Village of Candle Lake about a janitorial contract as the feud between the village administration and one of its councillors continues. (Photo 2471912 © Sandra Dragojlovic - Dreamstime.com)

By Glenn Hicks

municipal spat continues

Information Commissioner wants answers from Village of Candle Lake

Jun 26, 2019 | 6:04 PM

Saskatchewan’s Information and Privacy Commissioner (IPC) has given the Resort Village of Candle Lake until early next month to provide more financial details regarding a contract for janitorial work that is being done by one of its councillors.

The report from the IPC comes after a complaint made by another councillor, Ron Cherkewich, who claims council is not properly looking after the public purse. Meanwhile, the village’s Mayor Borden Wasyluk, said Cherkewich has his own personal agenda and the village will not be distracted by this.

The matter is the latest chapter in an ethics and legal battle between Cherkewich and the village council and administration.

In his June 18 report, IPC Commissioner Ronald Kruzeniski, found the village did not respond appropriately to the Freedom of Information requests made by Cherkewich in late 2017, nor did it meet its duty to assist in such a request. Cherkewich wanted to know more about how a renewed janitorial contract came into being. He suggests it’s against the Municipalities Act for a councillor to have such a village contract and also questions how, when that councillor is not available to do the work, it is being done by another village employee who is then being paid for such work.

“When we first got on council the five of us [mayor and councillors] ran on transparency and we said there would be no more jumping the queue and no more secret meetings,” Cherkewich told paNOW. “One of our statutory obligations is to protect the financial interests of the ratepayers.”

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He said others in the community should have the opportunity to bid on the village’s janitorial contract and has questioned the legality of the contract renewal, suggesting it was not done through a proper resolution of council.

The commissioner wants the village to perform another search of its records and provide a detailed record of that search.

Asked by paNOW to respond to the report from the IPC, Wasyluk said in part, in a written statement, “the councillor in question has his own personal agenda. We cannot and will not release confidential information about any taxpayer or individual and will not be dragged into playing silly games.”

Wasyluk added they have a large community to oversee in a responsible manner and ”will not be distracted from this.”

Wasyluk suggested paNOW should rather research a harassment claim made by the village’s administrator against Cherkewich, as “this is much more serious than having the municipality conduct a second thorough search for documents, which will not result in any other findings than the first search.”

paNOW has seen the independent report made on the advice of Occupational Health and Safety (OH&S), following administrator Heather Scott’s complaint that Cherkewich’s behavior toward her was demeaning, humiliating, threatening and bullying. That report concluded there were five instances where the councillor’s behaviour “rose to the level of harassment.”

That document is part of the village’s defence arguments in what is an eight-inch thick application for judicial review Cherkewich brought against the village. In part, that legal action calls for the village to rescind its suspension of him from the council table last year following accusations of ethical breaches. Cherkewich argues his removal as a councillor was illegal.

The judge in this matter found April 24, in part, that council’s removal of Cherkewich was done when only the Lieutenant Governor in Council has the power to do so; based on the law, the moves by council to suspend Cherkewich for several months be quashed ; and that Cherkewich be entitled to costs against the RVCL in the amount of $3,500.

In an email to paNOW June 28 the village administration quoted Mayor Wasyluk as saying the Code of Ethics complaints concerning the Court Judicial review would be coming back to Council next month for review.

Editor’s note: the initial version of this story stated the legal matter referred to in the final paragraphs was “still before the courts.” However, that pertains to other outstanding applications for judicial review. This story was amended June 27 to make clear the judge’s findings April 24.

This story was further updated June 28 to include the comment from the mayor in the final line.

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glenn.hicks@jpbg.ca

On Twitter:@princealbertnow