By Dominic Abassi

Lawsuit claims Nanaimo manager fired weeks after reporting Samra’s improper spending to RCMP

Sep 28, 2018 | 6:08 PM

NANAIMO — A former high level manager is continuing his legal assault against the City of Nanaimo, filing a civil suit on the heels of a human rights complaint.

Brad McRae, who was fired from his position as chief operations officer in January, claimed he was dismissed for refusing to coverup improper spending by his boss, former chief administrative officer Tracy Samra, and was wrongfully blamed for cost overruns during the switch to automated garbage collection.

The claim, filed in BC Supreme Court on Friday, Sept. 28, seeks damages and all wages lost due to the “wrongful dismissal and bad faith” shown by the City.

“Samra sought to terminate Mr. McRae’s employment for just cause as retaliation for his refusal to cooperate in covering up her misuse of Nanaimo corporate credit cards for her own personal gain,” the claim said.

It alleged Samra informed McRae she would be recommending his termination while he was on medical leave in December 2017, just weeks after he reported concerns about Samra’s credit card use to the RCMP.

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McRae, who was briefly the City’s freedom of information head, also alleged Samra ordered him to refuse FOI requests from journalists seeking credit card records for herself and former chief financial officer Victor Mema.

Several requests for those records by NanaimoNewsNOW were denied. Both Samra and Mema were eventually fired for cause by Council, and a bevy of improper spending was eventually brought to light.

McRae was also fired for cost overruns related to the switch to automated garbage collection, the claim alleged. It said McRae had no knowledge of cost overruns, while Samra, Mema and a former finance employee did and signed off on them. Samra fired sanitation manager Charlotte Davis over the ordeal, but quickly re-hired her.

As an officer of the City, the Community Charter required Council offer McRae an in-person hearing and vote on Samra’s recommendation to fire him.

The claim said despite doctors orders he was unfit to attend the hearing, Council and the City refused to reschedule and fired him without one.

The claim pointed out the decision not to reschedule the hearing was in contrast to a Council decision to allow Samra to reschedule her own termination hearing while she was on paid leave following her arrest for allegedly uttering threats at City Hall. McRae was one of several staff and Council members Samra allegedly threatened.

Samra’s recommendation to fire McRae was upheld by the majority of Council which supported her as a political favour, the claim said. It said the factions of Council were “divided between individuals who were for or against (mayor) Bill McKay.

“The faction on Council supporting her rubber stamped (the termination) decision…despite Samra’s lack of good character.”

Coun. Jerry Hong is also named in the claim, which alleged Hong defamed McRae with libelous comments published by the media. It said Hong’s comments implied McRae avoided the hearing because he committed misconduct and was terminated for proven wrongdoing.

None of the claims have been proven in court and the City, nor Hong, have formally responded.

The City said it could not comment on the allegations, while Hong and Samra did not reply to requests for comment.

McRae and the City recently failed to reach a mediated settlement to a human rights complaint he filed this summer. The City plans to respond to his claims to the BC Human Rights Tribunal.

dom@nanaimonewsnow.com

On Twitter: @domabassi