Who’s running the show at NPCA?
Bruce Timms believes the past Niagara Peninsula Conservation Authority board members are still in charge, despite Niagara Region council’s decision last week to appoint 12 people to immediately replace them.
“We’re waiting for a legal opinion,” said Timms, a former St. Catharines regional councillor and NPCA board member. “My understanding of the (Conservation Authorities) Act is that I can be replaced and I have been replaced by Coun. Brian Heit, but it says very clearly that my term stops and his term starts immediately before the next meeting of the board.”
Although the board was to meet this week, that session was abruptly cancelled. The next board meeting is now NPCA’s annual general meeting Jan. 17.
“It seems to me, that the simple interpretation of the act is, I still carry the responsibilities of a board member until then,” Timms said.
Several of the former NPCA board members replaced by regional council — including board chair Sandy Annunziata (Fort Erie), Timms and Grimsby’s Tony Quirk — were defeated in the October election and no longer represent the Region.
Although some councillors, including Heit, believe the regional representatives on the NPCA board should have left the agency when their council terms ended on Nov. 30, the board continued to make decisions for the conservation authority.
The board held special meetings behind closed doors on Nov. 28 and Dec. 3 that resulted in the firing of CAO Mark Brickell.
“We’re currently technically still board members, but I have not participated in any decisions following the special meeting on Monday, (Dec. 3),” Timms said, referring to the in-camera sesison held that day to discuss a personnel issue.
Brickell was fired three days later, the same day regional council appointed interim board members.
That same day NPCA clerk
Lisa McManus was appointed its interim CAO.
Timms said the out-going board has “not made any governing decisions following the appointment of the acting CAO, but
it still does not relieve me of my responsibilities, including confidentiality.”
“My responsibilities under the conservation act remain in place until immediately before the next board meeting,” Timms said.
Heit called it “ludicrous” to suggest that the former board remains in power.
“A new group of people have now taken over. They dragged us through the mud long enough, now let’s move forward.”
Lawyer Stephen Moreau, who is representing the former CAO, also doubted the former board’s authority.
He said Brickell was fired almost an hour after regional council voted to replace Niaga Despite ra’s NPCA board members and contends they had no authority to fire anyone.
Regional Chair Jim Bradley is hoping a legal opinion will clarify the leadership issue.
“We will as a council receive some legal advice from our staff to give us an opinion on the constitution of that board, and it’ll be very helpful to us right now,” he said. “We thought this had been solved from, our point of view, at the last council meeting, however, we’ve heard a lot of things since then.”
Bradley said council is also awaiting a legal opinion regarding Hamilton council’s decision to appoint four members to the NPCA board, rather than two.
In addition to board representation, there are also questions about who is managing the day-to-day operations of the organization.
Timms’ assurances regarding the organization’s current leadership, confusion remained among other former board members contacted Wednesday.
“The situation is not clear,” said former Pelham councillor Brian Baty, who also led NPCA’s charitable foundation. “I’ve received no communication in regard to this matter.”
He said the uncertainly led him to also cancel an upcoming NPCA foundation meeting, although it is supposed to be an arm’s-length organization.
Former West Lincoln mayor Doug Joyner also doubts he has any lingering authority on the board.
“As far as I’m concerned, we’re former members,” he said.