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:

Court Action - DeGagne v. Williams Lk (City)