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Steve Kent's lawyer slams union over 'repugnant' call for job termination

Terry Roberts/CBC
Terry Roberts/CBC

Steve Kent's lawyer says the union for Mount Pearl city workers is wrongly accusing his client of not co-operating with an investigation and is improperly trying to pressure council to terminate Kent before he has an opportunity to defend himself.

"Mr. Kent wants a fair investigation. He is entitled to one," Tom Johnson, who works with the St. John's firm O'Dea Earle, said in a news release issued late Tuesday afternoon.

"Mr. Kent is not to be blamed for the time this investigation has taken or to be penalized for its progress or lack thereof."

Johnson was responding to a letter that Canadian Union of Public Employees Local 2099 sent to Mount Pearl city council last week.

In its letter, the CUPE local criticized how long the investigation has taken and Kent's ability to continue in his role as the city's top civil servant. Kent, a former mayor and provincial cabinet minister, was hired for the job in 2017.

"The notion that the union's leadership would try to pressure the city to consider 'severing all ties with Mr. Kent' is chilling for both unionized and non-unionized employees alike," Johnson wrote.

"It is repugnant to fair process to deny a person the right to properly defend him or herself and call for the termination from employment in the midst of a workplace investigation."

CBC
CBC

Kent has been on paid leave from his $200,000-plus-a-year job as chief administrative officer for the city since the beginning of October.

As CBC News reported last year, Mount Pearl council called in an out-of-province labour lawyer to investigate Kent's workplace interactions with city staff.

Johnson said his client is "very anxious to proceed with the process," but hasn't been given the information necessary to do so.

"Despite being advised by the city's appointed investigator that she has taken dozens of statements, he has not yet been permitted to see these so that he can properly defend himself and present his own witnesses before the investigator," Johnson wrote.

Read lawyer Tom Johnson's news release:

He said Kent filed a complaint with the province's information and privacy commissioner in January.

"Its progress was hampered by the COVID-19 pandemic, but a decision is expected soon," Johnson wrote.

Union wants probe 'brought to an end'

CUPE Local 2099 represents about 225 bargaining unit members who work for the city. That number includes full-time and seasonal employees.

In its June 9 letter, the union was sharply critical of council's handling of the matter.

"This investigation needs to be brought to an end," the union wrote.

CUPE Local 2099 raised questions about Kent's level of co-operation with the probe, saying the investigator wrapped up interviews with city staff six months ago.

Rob Antle/CBC
Rob Antle/CBC

The union suggested that council should "deal with this matter and protect the mental well-being of all city staff" by forcing it to a conclusion.

"Why has the city failed on its obligation under policy to keep complainants formally updated on the process as it unfolds?" the letter noted.

"At what time can the complainants in this investigation expect to receive a response from council with respect to their findings?"

Read CUPE Local 2099's letter:

City 'committed to a resolution'

The city issued a statement saying it is "working through" the matter, and "has fully co-operated throughout this process and has complied with all requests for interviews and information."

It added that the privacy's commissioner's pandemic-delayed report is expected to be done soon.

"We have always maintained that the process needs to be fair and take the time required," the statement said.

"We are also mindful of the impact the continued uncertainty is having on our staff. We share many of the concerns expressed by CUPE and are committed to a resolution as soon as possible."

The city declined further comment beyond its prepared statement.

Rob Antle/CBC
Rob Antle/CBC

Kent declined additional comment through his lawyer.

CUPE 2099 is also not doing interviews.

Last fall, CBC News spoke with employees who said morale at city hall was poor, and workers were experiencing mental health issues linked to Kent's alleged improper conduct.

They alleged he had mocked subordinates in front of other staff, berated workers verbally, and made comments about job security that they had perceived to be intimidating.

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