The City of Mount Pearl intends to appeal a Supreme Court decision that found that the city breached the privacy of former CAO Steve Kent in monitoring Facebook messages exchanged between Kent and two former city councillors.
In a statement issued today, the city says it respects the decision of the court, however, it maintains that the city was fully justified in seizing and reviewing the messages in question.
The city’s argument is that Kent was on administrative leave and under investigation on complaints of workplace harassment while “inappropriately” communicating with councillors with public duties regarding the investigation.
The city says it will continue to support its employees and will work to ensure public accountability for any wrongdoing.
“On August 17th, 2022, Justice MacDonald rendered a decision in Power v. Mount Pearl (City), 2022, NLSC 129. The Supreme Court ruled that the city’s monitoring of Facebook messages exchanged between former Chief Administrative Officer, Steve Kent, and two former councillors constituted a breach of Mr. Kent’s privacy. The ruling renders the seized messages inadmissible in the future hearing of the former councillors’ appeals of the city’s vacating their seats on Council.
The city respects the decision of the court; however, we maintain our position that the city was fully justified in seizing and reviewing the messages in question. In this circumstance, Mr. Kent was on administrative leave and under investigation on complaints of workplace harassment, while inappropriately communicating with councillors having public duties regarding the investigation. Accordingly, the city filed a notice with the Court of Appeal of Newfoundland and Labrador, that it will be appealing the decision.
The city will continue to support its employees and will work to ensure public accountability for any wrongdoing.”
