A new twist, this was sent out yesterday
Looks like some conflict of interest arguments will be forthcoming and potential legal action....
Last week SCRES learned that three individuals have filed complaints against Ted Lea, Registered Professional Biologist, with the College of Applied Biology (the professional association that regulates the RPBio. profession). These individuals are Adriane Pollard (Saanich Manager of Environmental Services) and two members of the self-organized group Saanich Action for the Environment (SAFE) which formed shortly after SCRES began challenging the EDPA. These two SAFE members have spoken frequently at various EDPA council meetings in support of the EDPA and the positions present by Ms. Pollard to deny applicants from removing their properties from the EDPA.
Ms. Pollard filed her complaint with the College in April 2016. Ted Lea only learned of this complaint March 31, 2017, almost 1 year after the complaint was lodged. Mr. Lea has retained legal counsel who has significant experience in municipal law matters and who has given written notice on April 7, 2017 to the District of Saanich’s Mayor and Council, copied to the CAO, regarding Ms. Pollard’s actions. This letter is now a matter of public record and is an important and concerning document for those dealing with the EDPA, so we have provided excerpts of it here.
The letter from Mr. Lea’s lawyer points out that Ms. Pollard’s complaint was lodged against Mr. Lea on April 19, 2016, and that for almost a year after the complaint was lodged “Ms. Pollard dealt with him throughout this period with no disclosure.” Mr. Lea’s lawyer also states in his letter that “… it is important for the CAO and Council to know about this situation, and the clear conflict that Ms. Pollard has placed herself in over at least the previous 12 months.”
Mr. Lea’s lawyer letter continues “It is unfathomable to me that a person with delegated statutory decision-making authority to oversee the implementation of the environmental development permit process would continue in this situation. Ms. Pollard has acted in an adjudicative role without disclosing the personal complaint made by her against another consultant with whom she is dealing in that formal adjudicative capacity.”
Mr. Lea’s lawyer’s letter also states “In my view, council should be very concerned about the appearance of bias or unfairness in this situation where the decision-maker has exhibited a personal or professional animosity directed at the professional advisor for many landowners, with absolutely no disclosure to the advisor or to the landowners in this regard.”
In terms of what Saanich should be doing in this situation as a remedy to landowners, Mr. Lea’s lawyer states “In my submission, the situation that has come to light compels council to remove Ms. Pollard’s delegated authority to oversee the administration of the Environmental Development Permit Area file and adjudication on any environmental development permits applied for, at least until the complaint process that Ms. Pollard has instigated, is resolved. Secondly, in respect of any applications by landowners where Mr. Lea has provided professional input or advice, those landowners should be contacted and provided with an opportunity to have their applications reopened or revisited to the extent that they are or were not satisfied with the outcome of any decisions that Ms. Pollard was involved in. Administrative fairness requires this.”
There are a lot of questions that will need to be answered on this matter and it is very important that Council and the CAO hear from you directly on your views regarding this matter. Mr. Lea is a highly respected professional, who has provided his services without charge to many individual homeowners to try and help them through a very difficult process.
If you wish to provide Council with your views on this matter, or feel that in your own EDPA dealings with the District of Saanich you were treated unfairly or with a lack of respect, we provide the following links below to send your comments to the CAO and Council. If possible please copy SCRES on your communications so we also are aware.
mayor@saanich.ca; leif.wergeland@saanich.ca, susan.brice@saanich.ca; colin.plant@saanich.ca: fred.haynes@saanich.ca; dean.murdock@saanich.ca; judy.brownoff@saanich.ca; Vickie.sanders@saanich.ca; paul.thorkellson@saanich.ca; sharon.hvozdanski@saanich.ca;
Saanich Citizens for a Responsible EDPA Society
Edited by rjag, 18 April 2017 - 09:16 AM.