By Craig Westcott
Margaret Swain said she felt “shattered” after a fellow councillor on Witless Bay council accused her of breaking conflict of interest rules and she was turfed from office last week.
The rookie councillor said she plans to appeal the decision and has been in contact with the Department of Municipal Affairs.
Swain was acclaimed to office in a by-election last November. At a planning meeting just after being elected, Swain allegedly remarked that she wouldn’t be voting on the Crown Land Reserve that was then proposed for the Ragged Beach area because she had friends with land in the area. No minutes were kept of the meeting.
When the subject of the reserve came up at her very first council meeting on November 15, Swain made a motion to delay the vote so that she could have time to get up to speed on the issue. All seven members of council approved that motion. However, at a private council meeting on January 30, councillor Ralph Carey accused Swain of being in a conflict of interest for making the motion and in another private meeting two weeks later, Carey, Deputy Mayor Lorna Yard and her husband and fellow councillor Alan Richards, along with councillor Gerard Dunne voted to boot Swain from council. Mayor Trevor Croft and councillor Jacob Hayden voted against the motion.
In a similar 4-2 vote last week, council made it official, and Swain was removed from office.
“At the planning meeting I may have asked about the conflict of interest and if I did say anything in the planning meeting that does not necessarily mean that I would be bound to declare a conflict in a public meeting,” Swain said. “Upon reviewing the Municipal Conduct Act I realized that I would not have to declare a conflict of interest because I did not have a personal relationship with any landowners of Ragged Beach. Council also stated that the Ragged Beach Dark Coast Land Reserve would not interfere with private landowners, and if it didn’t, how could I be in a conflict?
Swain said there was no vote taken at the November planning meeting on whether she was in a conflict of interest.
Mayor Croft said last week he voted against the motion to unseat Swain because its not clear the planning meeting, which he did not attend, was even an official meeting of council as there were no minutes taken. Croft confirmed Swain had received no guidance or training about the Municipal Code of Conduct. The mayor said he thinks council went too far.
“I was shattered to think that anyone would accuse me of a conflict for asking for a deferral to investigate the particulars of a plan that I would have to vote on,” Swain said. “This was my very first meeting as I was sworn in the first week of November.”
Swain admitted she was equally floored by the decision to vacate her seat and kick her off council.
“I was devastated to learn that I had lost my seat on council,” she said. “I offered myself to the Town of Witless Bay with interest in the growth of the community and was enjoying learning about the operation of the town. I did so with no bias whatsoever… No, I do not believe that I am in a conflict of the Municipal Conduct Act. (And) yes I will be appealing this decision.”
To appeal the decision, Swain will have to file a claim against council at the Supreme Court of Newfoundland. If she loses, the costs of the action will fall to her. If she wins, it’s likely her legal costs will have to be borne by the Town of Witless Bay.
Asked for her theory as to why Carey, Yard, Richards and Dunne got rid of her, Swain said she didn’t know.
“I wouldn’t be able to tell you,” Swain said. “I am still trying to figure that out.”
