By Dominic Abassi

Court delays could impact Council decision, as CAO earns $55K on leave

May 1, 2018 | 5:43 PM

NANAIMO — Ongoing delays in legal proceedings could prolong Nanaimo Council’s process for dealing with their beleaguered chief administrative officer, who continues to collect a taxpayer funded paycheck.

A first court appearance scheduled for May 1 was adjourned at the request of Tracy Samra’s lawyer and moved to May 15. It’s the third time her first appearance has been delayed since it was originally set for March 27.

Robert Mulligan, Samra’s legal counsel, told NanaimoNewsNOW “I hope and presently expect” the May 15 hearing will go ahead, saying he needed extra time to review information recently received from the Crown. He did not say whether Samra has decided to accept the peace bond application against her or proceed to a hearing and challenge it.

Mulligan would not confirm if Samra or her representative asked the City for a delay or extension in the proceedings with Council to allow for the legal process to play out.

“I can say it would be fair to wait on any related Criminal Code proceedings, especially when Ms. Samra could not attend a hearing while bound by the current no contact interim release conditions.”

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The City said it’s now up to Council to decide if the legal delays will impact their progress in addressing the future of their employee.

It appears councillors have all of the information in front of them to make a decision on the matter.

Director of human resources John Van Horne said there are no outstanding investigations into any staff members at this time, but would not confirm whether Samra was the subject of one of the two independent investigations launched by the City in recent months.

“Any delay is not on our end and I believe there’s a strong desire from Council to come to a decision,” Van Horne said.

Based on the Community Charter, Council must offer Samra the opportunity to be heard before a vote on her termination.

“Council now needs to consider how relevant the court process is to the situation it’s facing,” Van Horne said. “There’s a desire to go back to Council and get confirmation on how firm they are on the date that was set (for a hearing).”

The precedent is set for Council to act without waiting to hear from Samra. Earlier this year, councillors voted to fire chief operations officer Brad McRae without a hearing. McRae said his doctor recommended the hearing be delayed, as he was on medical leave at the time, but Council did not oblige.

McRae has since filed a human rights complaint over the matter.

Based on her 2016 salary, the most recent figure disclosed to the public, Samra has earned more than $55,000 since going on paid leave following her arrest on Jan. 31 for allegedly uttering threats at City Hall.

The Crown applied for a peace bond against Samra, claiming several current and former staff members and some councillors have reasonable grounds to fear injury or harm.

The City and Council are also in the process of selecting an interim CAO.

dom@nanaimonewsnow.com

On Twitter: @domabassi