Local official calls police on residents seeking public government records
Sunbury-York South CAO facing charges for obstructing access to public documents
An official of a rural municipality outside Fredericton is facing charges after she called the RCMP on residents asking for public documents they were legally entitled to.
Marjorie Turner, the chief administrative officer for Sunbury-York South, was scheduled to appear in Fredericton provincial court on Wednesday on two charges of violating the Local Governance Act, which police officials called "extremely rare."
Turner was not present, but CBC News made a request for an interview through her lawyer, who was in court for the proceeding, which was adjourned without plea until May 28. Turner has not yet responded to the interview request.
Created under the province's 2023 municipal amalgamations, Sunbury-York South includes Nasonworth, Rusagonis, Waasis and Charters Settlement.
Mac Burns, who's lived in the community for 50 years, first took an interest in the new council after it proposed building an $8 million municipal complex last fall. Council later backed down after a public outcry.
Resident
Mac Burns was one of two people Marjorie Turner tried to have banned
from the municipal office after they asked for public documents. (Chad Ingraham/CBC)
"We were saying, if they're going to spend $8 million on a municipal building, where else are they spending the money?" he said in an interview earlier this week.
Burns started looking into how much the municipality had paid for land on Chaparral Road in Waasis for the proposed building and how much it was paying to rent a temporary office in neighbouring Oromocto.
CAO called police on two residents
Burns went to the municipal office on Dec. 19 to ask for records that would explain why certain matters had been discussed in closed session. Under the Local Governance Act, a council must record "the type of matter" discussed in closed session in their meeting minutes.
The act also states that most council documents "shall be available for examination by members of the public" in the clerk's office.
But the clerk told Burns several times it was not available. He said Turner then appeared and asked him to leave while she was on the phone to the RCMP. Burns recorded the audio of the interaction on his phone, which he shared with CBC News.
By that time, Turner had already called the RCMP on another resident, Melissa Gillis, who had also been seeking public records.
Gillis confirmed with CBC News that she was given a trespass notice on Nov. 27.
CAO
Marjorie Turner and Mayor David Hayward are shown together in a photo
days after the municipality was created in January 2023. (Sunbury-York South Rural Community/Facebook)
She also shared an April 11 email from Mayor David Hayward, who apologized for the notice and said it had been lifted.
When asked if he was concerned with what happened, Hayward said in an interview that he wanted to make clear that it was Turner as an individual facing charges, not the entire municipal government.
Hayward said Turner has been out of the office "for some time" and he hasn't spoken with her since the incidents.
When asked if he would support her employment if Turner is found guilty, Hayward said it would be a human resources matter to be discussed at that time.
RCMP confirms they were called to office twice
In an interview, RCMP Sgt. Stéphane Esculier of the Oromocto detachment confirmed the RCMP were called to the municipal office for "disturbances" on both dates and said a trespass notice was issued for the first incident but not the second, although it "had been considered."
RCMP
Sgt. Stéphane Esculier of the Oromocto detachment confirmed that police
were called on two occasions for 'disturbances' at the municipal
office. (Sam Farley/CBC)
Esculier said there is a "fairly low threshold" to issue a trespass notice to someone.
"It's something that was requested by the CAO at the time to avoid, I guess, further disturbances at the location," he said.
Esculier said the RCMP then investigated the incidents, which resulted in the charges the CAO now faces — two counts of failing to provide documents required for examination by members of the public. She faces a maximum fine of $5,200.
He said the Local Governance Act is not something the RCMP deals with very often, although it does have jurisdiction.
"Personally, that's the first time I've seen charges under that act," Esculier said.
Charges racked up at Costco, Amazon
Burns said his investigation revealed other concerns, completely separate from the charges Turner is facing.
Documents received through a right to information request show the municipality's bank card racked up charges for various items at Costco.
The receipts don't have a name attached and include office-type purchases like coffee pods and office supplies. But they also go beyond the expected, including gouda and havarti cheese, pickles, ramen, yogurt, peanut butter, fruit salad, dark chocolate, mozzarella bites and carrots.
Havarti
cheese snacks were one of the items that appeared on Costco receipts
from purchases made with the municipality's bank card. (Sam Farley/CBC)
There was also a receipt from the Costco food court for a chicken tenders meal — with extra gravy.
Receipts for Amazon were clearly addressed to Turner. They include a $26.44 microwave egg cooker and a $41.99 essential oil diffuser.
"I'm concerned with the administration office when you're buying peanut butter and Mr. Noodles, dill pickles and being charged to the taxpayers," Burns said.
He said he's kept on the case because he's retired and wants to hold municipal officials accountable.
"I think what we found was no checks and balances with the CAO," he said.
"So the message is to be diligent. See what your council is doing, see what the mayor is doing and that act — make sure they follow the act."
Mayor stands by staff, council
Hayward said he was aware of the receipts and that they led the municipality to start working on a new spending policy for employees.
"Without that structure in place, if there isn't a rule, then you're not breaking the rule," Hayward said.
"I want to be be very clear that I don't believe any member of our council or staff have any nefarious plans or there's been any extraordinary expenditures outside of the norm."
Retired mountie says situation is 'nonsense'
Gilles Blinn, a retired RCMP staff sergeant who's lived in Nasonworth for 30 years, said he's concerned about "a lack of accountability."
He called the trespass warnings nonsense and said citizens are entitled to public information "because we pay their wages, right? It's a government organization. They have to provide it. There's no two ways about it."
Retired
Mountie Gilles Blinn, who lives in Sunbury-York South, said he's never
heard of charges being issued under the Local Governance Act before. (CBC)
Blinn echoed what Esculier said about charges under the Local Governance Act being rare.
"I don't know if we've ever laid one in this province, ever," Blinn said.
He admitted that it's "not the crime of the century," likening it more to a speeding ticket than a criminal offence. But Blinn said it was serious enough to warrant a charge and that the CAO is ultimately beholden to residents.
"These people request something, you have to provide it, right?" he said.
"You just can't call the police for everybody that shows up requesting something."
ABOUT THE AUTHOR
Message from the Mayor
As your Mayor for the 2023-2026 term I would like to extend, from myself and the rest of your elected Council, a heartfelt welcome to the new Rural Community of Sunbury-York South!
Our new Rural Community was created from the former Local Service Districts of New Maryland and Rusagonis-Waasis and now comprises Charters Settlement, Nasonworth, Beaverdam, Rusagonis, Waasis, and part of Tracyville. We are proud of our community’s mixture of rural properties, farms, woodlots, subdivisions, and businesses both large and small.
Our approximately 8,100 residents enjoy the many opportunities for recreation on our rivers, streams, lakes, and trails. As a Council, we strive to build on our community’s strengths to ensure we grow and develop without compromising what makes Sunbury-York South Rural Community so special.
~ David
Message from the CAO
Chief Administrative Officer, Clerk, Treasurer
Marjorie Turner
Marjorie has an honors Bachelor of Finance degree and a Master of Business Administration in Venture Commercialization – Scaling and Investment on the Deans’ list from the University of New Brunswick. She has many years in management roles. She has experience as a Real Estate Agent, in domestic construction, and in a few entrepreneurship endeavors.
She has worked for the New Brunswick Legislative Assembly and was appointed to an elected provincial political party as Lead Researcher and analyst. During her term with the Legislative Assembly, researching government finance department records relating to the Motor Vehicle Act developed a case for the New Brunswick Government officials showing how the department could save 42 million dollars and allow one-time car registrations. Without this financial evidence, the remainder of Bill 18 would have been voted out. Instead, the financial savings forwarded that portion of the bill into a review. The other two parts (Front License Plate Removal) and (Car inspection changes) of the amendment passed and became law on January 21, 2020. She also worked for Opportunities New Brunswick Export team and the New Brunswick Provincial Justice and Public Safety as a Financial analyst.
Marjorie loves to be with family and friends in her spare time. She spends time at her cottage on the Miramichi River and has caught a 12lb Atlantic salmon on a fly. She loves all types of boating. She appreciates all forms of culture and is an artist.
“I am very excited to work with the first elected council for the Rural Community of Sunbury-York South. I bring many years of experience to the job, entrepreneurial spirit, and drive to create a fantastic community annexing and respecting all the communities that have been there for generations. My grandmother and father were both born in Rusagonis. And families from both sides have connections to the first plots of land ownership in these areas. I am so proud to have the opportunity to represent my heritage and everyone who lives in these wonderful communities”.
Proposed $8M town hall project in rural N.B. community prompts comparison to Taj Mahal
Some residents concerned about the impact new municipal building would have on their taxes
A controversy has developed in the newly amalgamated community of Sunbury-York South over plans for a new municipal building.
Opposition erupted after a move by council to ask the Municipal Capital Borrowing Board, a provincial government entity, for pre-approval to borrow up to $8 million for the project, located in a community south of Fredericton.
A meeting to hear public input was to take place Tuesday, however, the application was withdrawn Friday, said Mayor David Hayward.
At that point, many people in the community had already expressed anger and concern about it online.
The dollar figure prompted some residents to liken the proposed structure to the Taj Mahal and to worry about the impact on their taxes.
While acknowledging that a new building would likely cause taxes to increase, Hayward said his belief is that much of the opposition has been based on misinformation.
"It was never anyone's intention to build an $8-million building for four staff," he said, describing that notion as "absurd."
"That would outrage anyone, and I can certainly understand people's frustrations with that," he said.
What is actually being considered is a building that may incorporate additional facilities or services, he said.
A new fire hall, for example, might be worth the extra tax dollars if it results in savings on insurance, he suggested.
Sunbury-York South was created during the 2023 municipal reforms and is made up of several communities southeast of Fredericton. (Rural Community of Sunbury-York South/Facebook)
There is no office space available in Sunbury-York South, said Hayward, noting it's currently renting municipal offices in Oromocto.
Objections to the size of the new building are also premature, said Hayward, as no plans have been drawn up.
It could end up being a lot cheaper to build than the $8-million approval sought from the borrowing board, he added, likening the process to getting pre-approved for a mortgage before house shopping.
"It seemed a little bit over the top to just land us with $8-million worth of debt without having more consultation about it," said resident Jeanne Clarke-Walker, who first learned of the plan a few weeks ago, after someone shared an article about it on social media.
Clarke-Walker said she subsequently sought information on the municipality's website, but couldn't find any.
She was one of several Sunbury-York South residents who wrote to CBC's Information Morning Fredericton to express concerns about the plans for the building.
"I personally don't see the need to spend that sort of money," she wrote.
In a subsequent phone interview, Clarke-Walker said she and her husband are pensioners and choose to live in a rural area specifically for its low tax rate.
"We don't have a lot of disposable income that we can add additional taxes to," she said.
She also took issue with a perceived lack of transparency.
"I'd just like to know what we're paying for," she said.
"I believe that their future plans for the community need to be fully discussed before we launch ourselves into that much debt."
She and several other residents also expressed concern that 30 acres of land may have already been purchased for the project without public notice or opportunity to object.
The mayor had not yet responded to a message from CBC to confirm that as of publication time, but the incurrence of a long-term debt of $300,000 is mentioned in the minutes of a council meeting in September.
Another Sunbury-Yorth South resident, Carolyn Nickerson said she felt council had been misled into trying to develop municipal infrastructure similar to its westerly neighbour, Hanwell.
"We are in a completely different tax bracket and population size," said Nickerson, who also noted concerns about increased spending on the chief administrative officer's salary and bylaw enforcement.
Nickerson and some others who wrote in said rather than a big new municipal building, they'd prefer to have the municipality renovate an existing recreation centre in Rusagonis, which is one of the communities amalgamated into Sunbury-York along with Nasonworth, Beaverdam, Charters Settlement, Waasis, and Tracyville.
There is still plenty of time for community consultation, said the mayor.
Input will be gathered over the next six months, he said.
Despite the objections and the withdrawal of the borrowing board application, preliminary work for a new building is still going ahead, said Hayward.
An alternate source of provincial funding has been secured to begin the planning process, he said.
ABOUT THE AUTHOR
