Local official calls police on residents seeking public government records

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.

“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.

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.”

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.

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.”

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.”