Cape Breton Post

Differing opinions

Former CBRM economic developmen­t officer takes witness stand

- BY CAPE BRETON POST STAFF

While it was never his role to create jobs, the former director of economic developmen­t for the Cape Breton Regional Municipal testified Monday he viewed his job as going beyond municipali­ty boundaries in search of economic opportunit­ies.

John Whalley told a Supreme Court hearing there was an expectatio­n by members of the regional council that his focus was to be job creation and that resulted in ongoing tensions between himself and council.

Whalley has launched a civil suit against the municipali­ty for what he claims was his unfair dismissal in 2015. The municipali­ty contends Whalley resigned.

Supreme Court Justice Patrick Murray is now expected to preside over five days of testimony which began Monday in Sydney.

Whalley, who was hired in March 1997, said initially, the bulk of his time was taken up administer­ing a $250,000 economic developmen­t fund to which communitie­s within the municipali­ty could apply for funding.

He said it took several years to finally get council to agree to remove the fund from his duties, noting it was later moved to a committee.

Whalley also testified that he was the lead researcher and spokespers­on when it came to the municipali­ty’s argument over equalizati­on payments, which was a cornerston­e issue of former mayor John Morgan’s administra­tion.

The issue resulted in the municipali­ty taking the province to court but lost and the Supreme Court of Canada declined to grant further leave to appeal.

Jerry Ryan, former chief administra­tive officer for the municipali­ty, also testified Monday that the debate over equalizati­on created tensions with the province.

In the 2012 municipal elections, former provincial cabinet minister Cecil Clarke was elected mayor of the regional municipali­ty.

In a meeting with Clarke shortly after his win, Ryan said the new mayor suggested that it may be difficult for his administra­tion to work with Ryan and Whalley because of the equalizati­on debate.

While Ryan stepped down from his position, Whalley, who holds a masters degree in economics, continued in his role and began assuming control over the future developmen­t of the port of Sydney.

Whalley said at the time of his appointmen­t, he was facing several serious economic issues that were at play across the municipali­ty.

The closure of the coal mines and steel plant left hundreds without work and there were no replacemen­t industries ready to move in. There were also concerns about the future of the Port of Sydney and what possibilit­ies could flow from such a project.

However, he said, in repeatedly hearing that the mayor and some councilors were expressing a lack of confidence in his abilities, Whalley said it was increasing­ly difficult to do his job.

As an example, he said, he received a letter of discipline on his file because he wrote a letter to the editor in 2016 that appeared in the Cape Breton Post critical of a report suggesting that investment should be directed at Halifax rather than the other regions of the province.

He was told he could no longer speak directly to media and all such communicat­ions needed to be channeled through the new communicat­ions officer hired by the mayor.

Whalley also said he expressed concern over some land deals being made by the municipali­ty including the muchcritic­ized Archibald Wharf deal in North Sydney.

Whalley said one of the problems he had with the deal was that the municipali­ty had made a financial agreement with Canada Marine Engineerin­g before the property was actually appraised. Two appraisals were later received.

Whalley is to continue his testimony today as his lawyer Blair Mitchell is expected to finish his direct examinatio­n. The witness will then face crossexami­nation from Tony Mozvik, who is representi­ng the municipali­ty.

Whalley was initially hired in 1997 with an annual salary of $50,000, four weeks vacation, 35 hours per week along with pension and other benefits and a six-month period of probation.

 ?? CAPE BRETON POST PHOTO ?? John Whalley, former economic developmen­t officer with the Cape Breton Regional Municipali­ty, leaves a Sydney courtroom Monday after testifying in the first day of a trial into his wrongful dismissal suit against the municipali­ty.
CAPE BRETON POST PHOTO John Whalley, former economic developmen­t officer with the Cape Breton Regional Municipali­ty, leaves a Sydney courtroom Monday after testifying in the first day of a trial into his wrongful dismissal suit against the municipali­ty.
 ?? CAPE BRETON POST PHOTO ?? John Whalley, left, former economic developmen­t officer with the Cape Breton Regional Municipali­ty, and his lawyer, Blair Mitchell, leave a Sydney courtroom Monday where a judge has begun hearing evidence in a wrongful dismissal suit filed by Whalley
CAPE BRETON POST PHOTO John Whalley, left, former economic developmen­t officer with the Cape Breton Regional Municipali­ty, and his lawyer, Blair Mitchell, leave a Sydney courtroom Monday where a judge has begun hearing evidence in a wrongful dismissal suit filed by Whalley

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