FRANK GALE
THE WESTERN STAR
HUGHES BROOK, N.L. — Coun. Bruce Lidstone of Hughes Brook is not surprised former mayor Freeman Parsons and former deputy mayor Gary Wells have successfully appealed their dismissals from town council.
For Lidstone, the biggest disappointment was that it took 25 months for the case to wind its way through the Supreme Court of Newfoundland and Labrador.
All that time, the town's council felt its hands were tied when it came to making decisions, because it was not permitted to replace the two dismissed councillors until the appeal process was completed. The town was allowed to require a quorum of just two people, yet Lidstone said that, too, was potentially problematic should one of those two be deemed in a conflict of interest.
Lidstone, elected to council in a byelection in the fall of 2018, contacted the Department of Municipal Affairs and Environment about the situation in Hughes Brook even before he was elected. He said he was told the justice system had to be followed, there was no recourse and the two council positions could not be replaced until the court action was complete.
Lidstone said it's been tough on a town of 200 people. They often couldn’t get a quorum for their meetings and council also has to come up with legal fees for the trial.
Lidstone is not questioning the judge, but questioned why the Municipalities Act, which is being revamped, has nothing in place for dealing with issues like those that occurred in Hughes Brook.
“How do you keep people interested in serving their community in municipal government if they have to deal with issues like we’ve been facing for so many months?” he asked.
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The two men appealed their dismissals, which happened in December of 2017, over alleged violations of the Municipalities Act.
A hearing on the dismissals was held in the Supreme Court of Newfoundland and Labrador in Corner Brook in April 2018, but it wasn't until Jan. 13 of this year that a decision was brought down.
Dean A. Porter, the lawyer who represented Parsons and Wells, suggested during the appeal there was no evidence Parsons or Wells were ever hired and no evidence was presented by the town to allow the court to find they were employed. He said both men performed a nominal number of hours on an ad hoc basis, as a contractor would, and that was not employment.
Justice Brian F. Furey agreed in his written decision on the case.
“There was no employment relationship with the respondent (town) on the facts presented.” Justice Furey said.
In addition to ruling in their favour, Furey ordered both men be reinstated to the town council.
Lidstone said it's his understanding the two men will return to council as regular council members and decisions on who will serve in the positions of mayor and deputy mayor will be made by the full council.
Regardless, Lidstone welcomed Parsons and Wells back to council.
“Many hands make light work," he said.
The Western Star tried to reach both Parsons and Wells for comments, but neither had granted an interview as of publication.
