Defiant Dalhousie councillor accuses mayor of 'bullying,' vows to attend next meeting

A defiant Dalhousie councillor promises to be at the next town council meeting on Dec. 11 and says Mayor Normand Pelletier has no right to try to expel him from municipal proceedings.

"He'd better produce the proof," said Coun. Mickey Maloney, referring to allegations Pelletier made when he banned the councillor Nov. 20 from future council committee and public meetings. 

Pelletier told CBC News that on numerous occasions, Maloney had insulted and used foul language against many town employees and all members of council.

Maloney denied he has ever insulted or sworn at anyone.

Maloney was expelled after the mayor said the councillor attempted to add items to the agenda that had to be discussed in private.

"I was ambushed," Maloney said. "I had no idea this was going to take place."

Maloney said he's been insulted himself at town hall.

Expel or not?

Questions about whether Pelletier had the right to expel Maloney from future council meetings abounded on social media since it happened. 

Pelletier said in an interview that he had the authority under the town's bylaw, 103-08 Proceedings of Council, under Section 5, Procedures for Regular Meetings.

The bylaw says "any person who breaches the bylaw; behaves in a disorderly manner; or uses threatening or profane language in debate, may be required to leave the meeting at the discretion of the chair."

The bylaw also says the ruling may be appealed to council by a non-debatable motion.

"A majority vote of the members of council in attendance shall be required to overturn a ruling of the chair."

To date, Pelletier said he has not heard from Maloney on the issue. The mayor adds he has the full support of the remaining council. 

Legal counsel sought

Maloney said he spoke to a lawyer about the expulsion and was advised to speak to no one about it, including the media.

"I'll see how he's going to play it out," Maloney said, referring to the next meeting. "If necessary, I'll press charges. This is intimidation and bullying, that's what he's doing." 

Maloney said he was elected on transparency and wants residents of the town to know what is going on in regards to the procedures used to hire new staff. 

"There are procedures to be followed and it wasn't followed." 

Controversial situations

Geoff Martin, a political science professor at Mount Allison University, said these types of situations are controversial and  he hoped the mayor sought legal advice before taking the step to expel Maloney. 

"I'm not sure action that is that strong will be upheld if it went to court because someone is elected and they are obliged under the Municipalities Act to represent the constituents and actually the mayor is taking away the ability of the individual to represent the constituents." 

The professor said he could also see it from the mayor and council's perspective. 

"One can't have someone abusing people and so on and so forth but on the other hand," Martin said. "Maybe this needs to be dealt with in a legal process. In other words, is this individual doing anything that rises to the level of a crime or a misdemeanour where charges could be laid?" 

Martin said that from a rule of law perspective, something like this should be dealt with by a neutral third party so it doesn't look like a mayor is trying to punish an adversary or someone who didn't agree on policy. 

"That's one of the reasons it's controversial. You've got elected people trying to police themselves and then things can very easily be politicized."

Martin said there are instances where a mayor and council can discipline a councillor or restrict that person's access to Town Hall.

"Sometimes these issues arise from harassment … and of course everyone's thinking these days of harassment of all kinds," Martin said, adding mayors and councillors are considered part of management and characterized as employees of the municipality. 

"The municipality as a whole, the organization is responsible for their conduct. It does create issues of liability. For example a member of staff could sue a councillor for example harassment or things like that and the municipality would be on the hook." 

Martin said while mayor and council have to regulate the behaviour of a councillor, what they can do is limited.

Province limited in action

What the province can do is also limited, until there is a serious issue such as a criminal conviction, before they will step in and remove the councillor from his position, Martin added. 

The Department of Local Government said in an email the situation in Dalhousie is an internal matter and the department does not get involved in mediating such disputes.