2 Saint John councillors sue city over 'humiliating' suspension

Two Saint John city councillors say being suspended from committee duties, without getting a chance to defend themselves, was a severe and humiliating sanction, and they want it reversed.

Councillors Joanna Killen and Brent Harris are taking the city to court after being reprimanded for their actions during negotiations in October with striking city workers.

A notice of application filed with the Court of King's Bench asks that their removal from civic committees be reversed, and their legal fees paid.

Council voted to suspend the councillors after they publicly showed support for striking CUPE Local 486 and attended a union news conference.

Harris said at the time that he was just trying to understand the workers' position so he could bring information back to council.

But Mayor Donna Reardon told CBC News at the time that the councillors' actions put the city at risk because council had already decided on a counter-offer to the union.

The workers, including those employed in emergency dispatch, recreation, customer service, administrative support and bylaw enforcement, were on strike from Sept. 12 to Oct. 11.

Mayor Donna Reardon cited the two councillors' public support on social media of striking members of CUPE Local 486 during negotiations. (Roger Cosman/CBC)

The councillors' allegations have not been tested in court.

Harris was removed from the growth and transit committees, while Killen was removed from the growth committee and the community arts board. The sanctions by council did not affect Harris and Killen's ability to attend council meetings.

The city also launched a third-party investigation into the two councillors' actions.

When reached Thursday, Harris said he couldn't comment on the court action against the city because of legal advice he had been given.

He did confirm the suspensions were still in effect and the investigation hasn't finished.

"Council hasn't brought it back up or spoken about it," he said.

Killen did not respond to phone or email requests for comment.

The two councillors are represented by Frederick Welsford and Chelsea Seale of Gorman Nason. The law firm declined to comment on the case.

A spokesperson for the City of Saint John said in an email statement that the city does not comment on investigations or matters before the court.

The spokesperson did not answer a question about the status of the independent investigation, which the mayor previously said would be complete by about now.

Timeline laid out in lawsuit

In a court document, Killen and Harris alleged they were notified by email on Oct. 2 that the city had hired a third-party investigator to look into whether they'd breached the councillor code of conduct.

They were asked by the investigator, lawyer Katherine Fawcett, to provide a written response within 10 days.

The next day on Oct. 3., council passed a resolution that Killen and Harris would be removed from their committee duties, pending the investigation. The court filing says this meeting was closed, and the two councillors were asked to leave prior to discussion of the motion about them.

The lawsuit said that Killem complied and left the meeting, but Harris protested before eventually being removed.

"The Resolution was made in a motion that was not properly before Common Council," the document says.

"The Applicants were not given the opportunity to speak or to vote against the Resolution before it was passed."

The document says that shortly before the motion was passed, Reardon posted a statement on social media, which explained that the motion to revoke the councillors' committee duties was being brought "In light of concerns Saint John City Council has in relation to the behaviour of two of its members and the risk posed to the local government."

A document filed in court by the suspended councillors blames Reardon for part of their humiliation, alleging she posted news of the suspension before they had a chance to respond to the conduct allegations. (CBC)

Reardon;s post went on to say that council was lifting "privileges bestowed on Councillors Killen and Harris."

Despite saying he would not comment on the case, Harris told CBC News that he was unclear what "privileges" the mayor was referring to in her statement.

The motion was passed sometime after 10 p.m.

The lawsuit alleges that the resolution was contrary to a section of the code of conduct which says:  "A member of Council who is the subject of an investigation shall be afforded procedural fairness, including the opportunity to respond to the allegation(s) before Council makes a decision or imposes any sanction."

It goes on to say that the mayor's social media statement that night was also contrary to the code of conduct because  details of the sanction were released to the public without Killen and Harris getting an opportunity to respond.

"The published statement from the Mayor and removal of the Applicants from their Council Committee duties amounts to a humiliating and severe sanction imposed on the Applicants before they had any opportunity to respond to complaints," the document says.