Court boots northern Ontario politician from town council
An Ontario court has removed Maureen Van Alstine from town council in Espanola, west of Sudbury.
The Ontario Superior Court decision was spurred by court filing by the community's integrity commissioner, Robert Swayze.
The court said Van Alstine violated section 5 of the Municipal Conflict of Interest Act, which covers conflict of interest for local councils.
"The respondent’s seat on the municipal council of the Corporation of the Town of Espanola is declared vacant," the court ruled.
Her removal from council caps a multi-year drama that saw Van Alstine sanctioned by Swayze, only to have the discipline he recommended rejected by council.
Trouble began at the Feb. 11, 2020, meeting of council when she proposed a motion that would publicly reprimand the town's CAO – a clear violation of the Act.
Reacting to a complaint, Swayze ruled Van Alstine violated the Municipal Act by publicly denigrating staff on more than one occasion and recommended she be suspended without pay for 90 days.
But when that recommendation came to a vote, Van Alstine didn't declare a conflict of interest – as she was required to do under the act – and voted against the recommendations.
Section 5 of the Municipal Act says any councillor with a conflict of interest on an issue is not allowed to vote on motions related to that issue.
Swayze again ruled she violated the Act, and a motion to have Van Alstine resign came to town council in March 2021. But it was defeated by a 3-3 vote (tied votes are considered defeated under meeting rules.)
Swayze then applied to the Superior Court to have her removed and the seat declared vacant. The court did just that in a decision dated May 16.
"This ruling stems from an application submitted to the court by the Town of Espanola Integrity Commissioner as relates to violations of the Municipal Conflict of Interest Act by Van Alstine," the decision said.
"Council will be deliberating on a preferred process for filling this vacancy pursuant to section 263 of the Municipal Act at its next regular meeting."
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