Drainville ‘did not work well in the municipal environment’, Town

New Tec Free Press January 3, 2013 

In its Statement of Defence (SoD) of a $750,000 lawsuit delivered just before Christmas, The Corporation of the Town of New Tecumseth, states that Angela Drainville was terminated at the end of her six month probationary period “based on the advice and recommendation of her immediate supervisor, (Ray Osmond) who is the department head of Parks, Recreation and Culture, and the Human Resources department head (Hilary McCormack).”

The SoD denies that mayor Mike MacEachern, and Ward 6 councillor Richard Norcross had any involvement in Ms. Drainville’s Oct. 10, 2012 termination, as is alleged in her Statement of Claim (SoC).

“The Plaintiff failed to meet corporate expectations and she did not work well in the municipal environment,” according to the SoD. “It was clear during the probationary period that the Plaintiff should not continue in the supervisory position.”

Contacted this morning to explain what  “the municipal environment” means, mayor MacEachern declined to comment.

Ms. Drainville is suing the Town for general damages in the amount of $500,000 for abuse of process, intentional interference with economic relations, inducing breach of contract, bad faith, breach of contract, negligence and breach of fiduciary duty. She’s also seeking $250,000 for punitive, exemplary and aggravated damages.

None of the allegations have been proven in court.

“The Municipality expressly denies that the Plaintiff was terminated due to her opinions or failure to “look the other way” as alleged and further denies that the Plaintiff was ever instructed to ‘look the other way.’ Such allegation is vexatious and baseless,” according to the SoD. “Neither the Mayor nor Councillor Norcross directed or were involved in the decision to terminate the Plaintiff’s employment. In addition, there was no breach of contract and thus there can be no inducement of breach of

contract. ……… The Municipality denies that the Plaintiff has suffered any damages as a result of the unfounded allegation of inducement of breach of contract. The Plaintiff was terminated during her probationary period and was paid in accordance with her Employment Agreement.”

One of the key allegations in Ms. Drainville’s claim is a confrontation that took place just prior to her termination with councillor Norcross that related to the question of whether municipal staff time spent in the organization of the mayor’s annual golf tournament, was reimbursed from its proceeds.

According to Ms. Drainville’s SoC, “At this time Norcross demanded that Angela revise the financial statements to reflect a deduction (or payment) of $3,000.00 from golf tournament revenues for Town staff time. When Angela advised Norcross that a deduction of $3,000 for Town staff time was neither realistic nor accurate and that the total amount of staff time was significantly higher, Norcross became upset and berated her in front of staff and members of the public.”

The Town denies the allegations, putting the onus on the plaintiff to prove it.

The Corporation also denies that The Town has a poisoned work environment.

“The Municipality provides a safe working environment free of harassment

and intimidation,” according to the SoD. “It complies with legislative requirements regarding a safe working environment. At no time during the Plaintiff’s brief employment did she file a complaint or raise any concern with her Manager or other

supervisory staff regarding the work environment. The Municipality first

learned about the allegations of workplace issues in the Plaintiff’s Statement of Claim.”

New Tecumseth is also arguing in its defence that any allegations that involve the Gibson Cultural Centre are irrelevant to the claim because “The Gibson Centre is an

independently owned cultural centre.”

Ms. Drainville was the Executive Director of the GCC at the time of her hiring as Supervisor of Recreation and Community Service on April 10, 2012. It was a new position for New Tecumseth. She was being paid $60,458 annually, which was Step 2 of a Level 7 salary grid.

The matter is now back in Ms. Drainville’s hands whose next step in the legal process is to issue a reply to the SoD. She is represented by Alliston lawyer Kevin Kemp. It this post it was not confirmed whether that reply had been served. New Tecumseth’s defence is being handled by Feehely Gastaldi Switzer. Jay Feehely is the Town’s solicitor.

 

New Tec Free Press January 3, 2013 

The Statement of Defence (SoD) filed in response to the Angela Drainville lawsuit confirms that New Tecumseth mayor Mike MacEachern and senior municipal staff were in discussions with the Gibson Cultural Centre (GCC) Corporation nearly three months before a working committee of council was struck that involved the municipality purchasing the property.

In a November 27, 2012 press release announcing that negotiations between the Town and GCC had collapsed, it’s noted that “Since being approached by the Gibson Centre Board in March 2012, town officials have been discussing the development of an agreement to purchase the Tupper Street facility within the mandate provided by Council.”

However, the Town’s SoD admits that meetings took place in December 2011 that included the mayor, GCC vice-president (at the time) Christine Brayford, and Ms. Drainville, who was the GCC Executive Director.

Additionally, what the Town denied was an in camera meeting, terming it instead a “confidential” session requested by the GCC, was held on January 17, 2012 that included the mayor, deputy mayor Rick Milne, CAO Terri Caron, Manager of Finance Mark Sirr and Parks and Recreation Director Ray Osmond.

Asked this morning to explain the discrepancies in time lines, mayor MacEachern, replied, “As the matter is before the courts I have no comment.”

While components of the GCC issue are included in Ms. Drainville’s Statement of Claim, the Town has countered “that meetings between the Municipality and the Gibson Centre are not relevant to the Plaintiff’s Claim.”