For the second time in less than 365 days – portfolio positions are to be returned to the Mayor of Pouce Coupe Lorraine Michetti.
A Tuesday decision by the Supreme Court of British Columbia will see the mayor’s duties and portfolio positions returned – reversing a series of October 2021 votes by village councillors.
On October 6 of last year – a few moments after newly elected councillors Dani Veach and Marcel Woodill were sworn into office - a motion passed by the new-look council to remove Mayor Lorraine Michetti from representing the village on all portfolios.
The new-look council worked down the list of boards and commissions Michetti currently sits on and represents the village – and replaced the mayor with councillors. Prior to the vote on the motion to replace the mayor, a short discussion was held to draft letters to each board noting a replacement, which predicted and forecasted the impending vote, result, and decision to replace the mayor.
The Honourable Justice Fitzpatrick ruling comes today on March 22, 2022 - after a December 2021 hearing on the matter.
"I am very pleased with the result, and hope that I can finally get back to doing the work I was elected to do," said Michetti today when asked about the decision.
Fitzpatrick's decision reverses the October 6, 2021 decisions of village council.
“To support its position that it owes no duty of fairness to Mayor Michetti, the Village also argues that the Removal Motion was not a form of censure. In particular, the Village argues the record does not disclose any allegation of wrongdoing on the part of Mayor Michetti. The Village describes the dispute as merely “political differences” between Council members,” ruled Justice Fitzpatrick on March 22.
“I agree with Mayor Michetti that, in the overall circumstances, Ms. Veach’s Removal Motion, and the Council’s adoption of it, was brought to censure and sanction Mayor Michetti, essentially in the same manner as Council has sought to do in the February Resolutions. That context heightens the need for procedural fairness.”
I also agree with the Village that Mayor Michetti, Ms. Smith, and Ms. Hebert knew, or at least reasonably ought to have known, that one or more of their appointments to their Council portfolios would likely be removed from them as a result of the review, added Fitzpatrick, but also noting ‘the usual’ is not what happened.
“However, the “usual” review of the portfolio appointments is not what happened here. Mayor Michetti’s shock at the Removal Motion—and her description that she was “ambushed”—is indicative that Ms. Veach’s conduct was very much out of ordinary in terms of how the Council historically reviewed portfolio appointments," noted the Justice.
Previously on February 20, 2021, the Council held a special council meeting (the "February Meeting") at which the Council censured Mayor Michetti in relation to the Facebook post. The Council passed resolutions to remove Mayor Michetti from all public duties. This was repealed by a court decision in summer of 2021.
The decision comes with a price tag – this March 22, 2022 court decision also sees the Village responsible for all costs related to the October 6, 2022 decisions made, including court costs.
