A St. Albert resident is seeking to have Mayor Nolan Crouse removed from public office for failing to recuse himself from several council matters.
A St. Albert resident is seeking to have Mayor Nolan Crouse removed from public office for failing to recuse himself from several council matters.
Steve Stone, long-time resident and founder of Bluebird Janitorial Services, launched legal action against the mayor last month claiming that Crouse failed to abstain from discussing or voting on four matters in which he had a pecuniary interest.
In an application to Court of Queen's Bench, filed Oct. 31, Stone asks the mayor be found in contravention of section 172 of the Municipal Government Act and be disqualified from council.
Stone describes three alleged incidents where Crouse participated in matters that could monetarily affect him: two motions (one on Oct. 27, 2014 and another on May 25, 2015) on the hiring of an independent auditor to examine the mayor's expense accounts after it was alleged he was double billing the City of St. Albert and the Capital Region Board; and a Nov. 16, 2015 motion concerning a personal defamation lawsuit by then-city manager Patrick Draper in which Crouse was named a third-party defendant.
“The respondent, Nolan Crouse, repeatedly failed to recuse himself from, and has participated in, matters and motions brought before city council which could monetarily affect him or his family,” reads Stone's application.
Crouse declined to comment on the lawsuit.
Another witness, Sturgeon Heights homeowner Craig Skarupa, also swore an affidavit describing a fourth, most recent incident.
In the spring, Skarupa brought concerns over an alleged leakage from underground sump tanks on an adjacent property to council. He expressed concerns over the disposal of hydrocarbon waste resulting from the alleged operation of a commercial garage at 80 Salisbury Ave.
A field ticket issued by Hydrodig, shows that more than one ton of industrial sump waste was pumped from the property on Feb. 19.
Council met in camera to discuss the matter. Meeting minutes show that Crouse voted against the motion, which involved ordering a Phase 2 environmental assessment on 80 Salisbury Ave.
On Sept. 19, Skarupa appeared before council asking the mayor to resign for failing to disclose a pecuniary interest. A land title certificate showed the affected property was located approximately 70 metres from a property owned by Crouse Developments Inc. – a private company held by the mayor and his wife Gwen Crouse.
During this meeting, the mayor publicly stated that he did not have a pecuniary interest “at all, whatsoever.”
In a later communication with the Gazette he explained “pumping a sump pump out three doors down and on a different block does not result in pecuniary interest.”
Skarupa's affidavit states that an appraiser reported a high probability of leakage from the unmonitored tanks. The appraiser also stated that surrounding lots “and maybe even the properties around the roadways” were likely to be contaminated and this would operate as a negative valuation of the property due to reclamation costs.
Stone is asking that, if disqualified by the court, Crouse immediately vacate his position as mayor and pay any legal fees incurred by the applicant.
Council was asked to consider legal proceedings under the same section of the Municipal Government Act (175) during Skarupa's Sept. 19 presentation, but no councillor has brought forward a motion to disqualify Crouse.
St. Albert lawyer Brent Rathgeber represents Stone for this application. An Edmonton Court of Queen's Bench judge will hear the matter on Nov. 21 at 10 a.m.
