The union representing Mount Pearl municipal workers is looking for a formal response to their letter of concern on the investigation into CAO Steve Kent.
It has been eight months since Kent went on leave.
A city-ordered investigation into the situation was intended to conclude quite some time ago, but there have been no significant public updates.
You can view the union’s full letter to the city of Mount Pearl at this link.
Mount Pearl Municipal Workers Union CUPE Local 2099 says they have been silent but they have been paying attention.
CUPE says the City of Mount Pearl has spent $144,000 on salary for Kent and is paying for advice from law firms and an independent investigator.
The letter from the union asks Mount Pearl City Council numerous questions. Their members are concerned with how the investigation has been handled to date. They say the investigation needs to be brought to an end.
The City of Mount Pearl says it is working through the matter, which has been ongoing since last year, but the pandemic has caused additional delays.
The city council says they share many of the concerns expressed by CUPE.
The City says a specific request was made by the respondent prompting privacy and access to information issues and the matter is now before the Privacy Commissioner for consideration.
Lawyer for Steve Kent Issues Statement
Meanwhile, the lawyer representing Steve Kent says CUPE is wrongly accusing him of failing to cooperate and is improperly pressuring the city to terminate Kent.
According to a statement released today by Thomas J. Johnson, Kent is anxious to proceed with the investigative process. While the city-appointed investigator has advised that they’ve taken dozens of statements, Kent has not been permitted to view them in order to defend himself or present his own witnesses.
In the letter, Johnson states that Kent made requests for disclosure of the statements last November, but still does not have them. He has filed a complaint under ATIPPA to seek access to the material back in January, but the process was hampered by the pandemic, and he has not yet received a decision.
The letter states that Kent is owed a fair process in this investigation, and says the “bullying tactics” employed by the union are wrong.
View the entire text of the letter below:
Statement released by Thomas J. Johnson, Q.C.
The following is a statement from Thomas J. Johnson, Q.C., legal counsel for Steve Kent, Chief Administrative Officer of the City of Mount Pearl, in reaction to CUPE Local 2099’s June 9th letter to Mount Pearl City Council:
“CUPE’s letter to Council wrongly accuses Steve Kent of failing to cooperate with the ongoing workplace process and improperly tries to pressure the City to terminate Mr. Kent before he has had an opportunity to even defend himself.
The fact of the matter is that Mr. Kent remains very anxious to proceed with the process. However, 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. Mr. Kent, despite making requests to the City and to the City-appointed Investigator for disclosure of the statements on November 14, 2019, still does not have them.
The City’s investigation policies are subject to ATIPPA. The ATIPPA states in s. 33 that a respondent to a workplace investigation is entitled to disclosure of “all relevant information created or gathered for the purpose of a workplace investigation.” Mr. Kent has filed a Complaint under ATIPPA to seek this material. His Complaint was filed in January of 2020. Its progress was hampered by the COVID-19 pandemic, but a decision is expected soon.
Mr. Kent wants a fair investigation. He is entitled to one. Mr. Kent is not to be blamed for the time this investigation has taken or to be penalized for its progress or lack thereof. 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. 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.
The continued media activity by CUPE 2099 is inappropriate, contravenes the City’s workplace policies and procedures, and should stop. And of course, the President of CUPE Local 2099 only has the benefit of one side of the story being heard. Further, this matter should never have been in the public domain. Council should
intervene with all concerned to ensure that proper process is followed and runs its course. No one benefits from a sidelined process, including Mr. Kent. We will not debate specific facts in the media but suffice it to say that Mr. Kent intends to defend his reputation.
Mr. Kent remains committed to executing on his mandate set out by Council – to ensure that every tax dollar is spent well and in the best interest of the people of Mount Pearl. He is hopeful that he will be back at work soon on behalf of the community that he has given so much of his life to serve.
Commenting further on an ongoing process is not appropriate, and no one more than my client would like to get process completed so he can return to his role as Chief Administrative Officer.
The stress and hardship that this process has caused to Mr. Kent and his family is significant. The City’s Union leadership is victimizing my client without any facts being confirmed or a thorough process carried out. These bullying tactics are wrong. My client deserves a fair process that respects his rights as an employee. I believe that the fair minded people of Mount Pearl would expect no less.”
