Two RM of Sherwood councillors found in conflict of interest; one disputes claim

Saskatchewan ombudsman Mary McFayden has found Rural Municipality (RM) of Sherwood councillor Tim Probe and former councillor Joe Repetski in conflict of interest on a matter relating to the reimbursement of legal fees.

Probe and Repetski received $49,999 and $11,011 respectively from the RM in November 2014.

These legal defence fees stem from the conflict of interest investigation into former Reeve Kevin Eberle. He was found to be in conflict of interest due to standing to make nearly $58 million on the Wascana Plains residential development.

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The Indemnity Bylaw used to repay Probe and Repetski was quashed by the Court of Queen’s Bench in September 2015.

On Oct. 21, 2015, the RM of Sherwood council decided not to seek a reimbursement of these legal fees. Both Probe and Repetski recused themselves from these discussions.

Ratepayer Gary Howland submitted a letter to council on Jan. 7, 2016 asking council to seek a reimbursement on the legal fees. He submitted a petition with 112 supporting signatures on Jan. 12, 2016. He was scheduled to appear as a delegate on the Jan. 13, 2016 council meeting.

That afternoon, Repetski emailed chief administrative officer Ron McCullough questioning whether or not Howland’s documents were submitted on time to be included in the meeting’s agenda.

When the council January 13 meeting was called to order, Probe moved that the agenda be accepted as presented. This passed unanimously.

Howland made his presentation, and neither Repetski nor Probe declared a conflict of interest. Both remained in the room according to the ombudsman’s report.

A motion was made to seek reimbursement of legal fees paid out to councillors during the Eberle investigation.

Probe questioned whether this motion could be made since the wording was identical to the previous motion that was defeated in October.

“They stayed in the room when the motion was made, and they proceeded to raise issues about the procedural issue about whether or not a defeated motion, because it was similarly worded motion that was raised in October,” McFayden said.

“We found that they should not have been in the room for this.”

McFayden says this is because neither councillor would be able to separate the discussion from their own financial interests.

She found both Probe and Repetski to be in conflict of interest for not recusing themselves and leaving the room during this discussion.

“I’m quite pleased with their findings and it seems like they did a thorough review of the situation,” Howland said.

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Currently, the RM is going through the courts to try and recover all legal fees paid out during the Eberle investigation.

The ombudsman’s recommendations are that Probe be disqualified from council, and neither be allowed to seek or hold and elected municipal office for 12 years.

Repetski didn’t seek re-election and is no longer on council. Probe is currently on leave.

Probe says he doesn’t believe the ombudsman’s report is accurate. He will be going over the documents with legal counsel over the weekend.

He says that he will be making an announcement about his future on council early next week.

Councillor Carl Husum says that he and the rest of council accept the recommendations put forward in the report. He adds that if Probe doesn’t resign, they plan on taking the steps to remove him.

McCullough is no long the chief administrative officer of the RM of Sherwood. He resigned late last year to go back to his consulting firm, McCullough Management Consulting. He believes the current council and his eventual replacement have a tough road ahead in getting past the controversy.

“When you look at people that are involved for personal gain and conflict of interest that creates a toxic environment. Why would anyone want to work in invest in that kind of environment?” McCullough asked.