"A Nova Scotia Supreme Court justice overturned an unsightly premises order against a Dartmouth man after it was discovered municipal councillor Gloria McCluskey made the complaint and then sat on a committee hearing it.
The May 5, 2014, complaint, made by McCluskey, was investigated within an hour and a half.
It read: "Have you seen the property at 92 Crichton Avenue recently. Would you like to have this in your neighbourhood or worse still next door? This is a total disgrace and has been going on for years with nothing happening to clean up the disgraceful look of it. "
Even though though municipal compliance manager James Donovan found that the work was proceeding properly, another inspector was sent out and an unsightly premises order issued.
Doucette appealed the order on July 10, 2014, and the committee which included McCluskey voted four to two to dismiss it. The homeowner sought a judicial review.
"Staff knew. Councillor McCluskey certainly knew. Perhaps other members of the appeal committee knew. Mr. Doucette did not know that the complaint had been lodged by Councillor Gloria McCluskey, who sat in judgment of her own complaint," Moir said in his decision.
"Mr. Doucette had a right to make submissions about the improper participation of Councillor McCluskey at the first appeal, the knowledge of that impropriety on the part of staff who participated in the hearing and the danger that the members at the December appeal hearing were themselves really or apparently biased."
http://www.cbc.ca/news/canada/nova-s...case-1.3084018
CAO Richard Butts should act quickly on this finding.
This is a serious blow to the claimed competence of the management and governance of HRM.
Update : A previous CBC report said that Gloria had conveyed complaints to staff.
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