A Pembroke, Ont., homeowner says a road plowing dispute with the city turned into what she calls a “threatening” letter from the law firm where both the city solicitor and mayor work. She thinks this is both a conflict of interest and a “abuse of power.”
Arianna Nolet said she was outraged when she found out that taxpayers pay Robert Sheppard, who works at the same law firm as Mayor Ron Gervais, for legal services. She also wonders what it means that the city’s top elected official still works at the same firm, Sheppard & Gervais, as its solicitor.
“There is a big fight,” Nolet said. “How do the city’s interests line up with those of Mayor Gervais, and how do his interests line up with those of his law firm? It makes a lot of people wonder.”
CBC called and emailed Gervais several times to ask for an interview or comment on this story, but he didn’t answer. Sheppard, who has been the city’s lawyer for more than 20 years, didn’t either.
In December, Nolet called the city to complain that city snowplows kept “dumping the whole street’s worth of snow” on her property, which is at the end of her street.
Nolet says that she moved to Pembroke in 2021, just before she retired from the military. She said it’s hard for her to clear her driveway more than once a day because she has a disability.
Nolet told CBC that she first talked to Gervais over the phone in December, after what she called a “very disturbing conversation” with a city operations worker, which also took place over the phone.
Then, in January, Nolet said that a city worker came to her driveway and talked to her about how she had temporarily blown snow from her property onto the street to get it over a high snow bank. This led to an argument, Nolet said. She said that was why she gave the city a notice of trespass.
WATCH | Security footage of a fight over words by the driveway:
Nolet said that after that happened, she talked to Gervais for the second time. She said that the mayor told her that he would talk to the city’s top boss (CAO).
In February, a law firm called Sheppard & Gervais sent a letter to Nolet.
The first line of that letter, which was signed by Sheppard, says, “I am the city’s lawyer.”
The letter talks about what Nolet said to Gervais and says that Nolet broke a city law by pushing snow onto the street. It also says that Nolet’s trespass notice was shared with Sheppard by the CAO.
Sheppard wrote, “This is to let you know that if you do something that goes against the By-law, you could be prosecuted by the City of Pembroke for it.”
“I hope you will take care of yourself in the right way.”
Sheppard’s and Gervais’s credentials are printed on the letterhead, and their full names are at the bottom.
Nolet said she felt “very threatened,” and she was shocked to find out that the letter was sent on behalf of the city by the mayor’s longtime law firm colleague.
Nolet’s eyes filled with tears as she said, “I’m just beside myself. I really loved this area.” “Given who is in charge, it seems like I made a big mistake to move into this neighborhood and buy this house with all of my savings.”
CBC told Nolet that the letter had been signed by Sheppard, not Gervais. Nolet said that the fact that they work together and the mayor’s name is on the letter was enough for her to figure out what was going on.
Nolet said, “I think this is a complete misuse of power.””This doesn’t show kindness. This is not about being a leader.”
The city has known the lawyer for a long time
A signed city document says that the Pembroke council hired Sheppard as city solicitor in 2002.
Gervais was the city’s vice mayor before he was elected mayor in October. He was first elected to council in 2010 and has continued working at Sheppard & Gervais during his time in office.
Contract documents show that different townships in the Ottawa Valley have hired the law firm for more than a decade.
I think this is a clear case of a conflict of interest.– Pola Hallquist, Pembroke resident
In a 2012 agreement with the Town of Deep River, the firm’s “extensive history” and “one of the oldest law firms in the county” in the municipal field are praised.
The firm’s proposal said that Gervais was charging $226 per hour and Sheppard was charging $288.15 per hour for legal services at the time.
Nolet isn’t the only Pembroke resident who wonders if the mayor’s relationship with Sheppard and the law firm puts him in a position to abuse his power.
“It smells like a conflict of interest to me,” Pola Hallquist, a local resident, told CBC News about her worries. “When we vote for our leaders, we expect them to look out for the best interests of the public, right?”
Hallquist talked about Gervais’s attempt to buy extra city land near his home for $1,000. This month, Gervais brought his plan to council.
Local people recently took to social media to express their shock. Some said it “screams of conflict of interest” and that taxpayers “should be sick to their stomachs.” Several commenters said that Gervais should quit.
In the end, council members voted to put the issue off and asked staff to come back with a land valuation.
- At a meeting on March 7, council members will talk about the sale.
Hallquist said she wants Gervais to be held accountable and accused him of “brazen acts of self-interest” and abusing his power.
Tony Fleming, Pembroke’s integrity commissioner, told CBC that he couldn’t say if any complaints had been filed against Gervais, either about his law firm or about his plans to buy city land. Fleming also couldn’t say for sure if there was an investigation going on, because the Municipal Act says that any such investigation must be kept secret.
What does the act about conflicts of interest say
According to Pembroke’s code of conduct, council members must “always put the interests of the taxpayers and the Municipality first” over their own or those of their family, friends, staff, or business colleagues. Also, elected officials shouldn’t make decisions or try to use their power in a way that helps them or their business partners.
The Municipal Conflict of Interest Act in Ontario is also meant to hold elected officials to a standard of honesty and good behavior.
According to a decision made by the Ontario Divisional Court in a conflict of interest case in 1979 that is often cited, the purpose of the act is to stop officials from making decisions about things in which they have a personal financial interest.
No man can serve two masters.– Court case about a conflict of interest from 1979
The court said that the act applies to “all situations in which the member has, or is thought to have, any direct or indirect financial interest,” regardless of why they did what they did or whether they did it in good faith.
The court said, “This law is based on the moral principle that no one can serve two masters, which has been a part of our law for a long time.”
The act says that a conflict of interest only applies to financial interests. An official has an indirect financial interest in a matter if they are a shareholder, director, or senior officer of a private company that has a direct financial interest in the matter, or if they are a partner with or work for a person or organization that has a direct financial interest in the matter.
The city says that Gervais twice declared a financial interest in his offer to buy the city land next to his property, on March 7 of this year and on September 6, 2022. There were no statements from Nolet about the matter.
Lawyer says position with firm doesn’t matter
David Unrau, the city’s CAO, told CBC in an email that Gervais is not a partner at his law firm, even though it is in the name.
John Mascarin, a lawyer with Aird & Berlis and the integrity commissioner for dozens of Ontario municipalities, said that the situation in Pembroke “may very well give rise” to an indirect financial interest and that “it doesn’t really matter” if Gervais is a partner at the firm.
Mascarin said, “If his law firm is working for the city, then he, as a member of the law firm, is thought to know everything that goes on there.”
“If the mayor’s law firm does work for the city, it’s clear that there’s a financial interest, and the mayor is considered to have that interest, whether he’s a partner or just an employee at the law firm.”
WATCH | An attorney explains why even the appearance of a conflict of interest is important:
Mascarin said that it is possible for the mayor to reorganize his personal and business affairs in a way that doesn’t conflict with his duties to the public. However, he would have to tell the public every time he had a financial interest in something and step aside from dealing with it.
“The worry is always whether the mayor will always know about any indirect or deemed interest that may come up because of this relationship to the law firm.” Mascarin questioned.
Mascarin said that even the appearance of a conflict of interest can be a problem.
He asked, “Would a reasonable person look at this and think, ‘This seems a little strange?'” “It just raises the question of whether or not we should trust this person.”
It’s not only the mayor’s job to do this. I think it’s also the responsibility of the city.– Aird Berlis lawyer John Mascarin
Mascarin said that the judge in charge of a 2020 investigation into the partial sale of the municipal utility services corporation in Collingwood, Ont., recommended that the Municipal Conflict of Interest Act be greatly expanded to cover not only financial interests, but also “any real, apparent, or potential conflict of interest.”
Mascarin said that the safest thing for the city of Pembroke to do would be to hire a different firm.
“It’s not only the mayor’s job to do this. I think it’s also the responsibility of the city, “he said.
Mascarin said that people who think a council member broke the rules about conflicts of interest can file a complaint with the municipality’s integrity commissioner or with the Ontario Superior Court.
If an elected official breaks Pembroke’s code of conduct, their pay can be taken away. If they break the law, they can be removed from office and not be able to run for office again for up to seven years.
City responds, mayor silen
Since March 14, Gervais did not answer any of the emails, phone calls, or voicemails that CBC left for him at his direct line or with his law firm. CBC also asked Sheppard several times, but he didn’t answer.
In an email to CBC, Pembroke’s chief administrative officer (CAO) said that the city already uses “several lawyers” to do different jobs.
CBC has asked to see the contract between the City of Pembroke and Sheppard, but the city has not given those details.
Unrau said that the city’s bylaws say that hiring lawyers for legal services doesn’t have to go through a bidding process.