City lawyer says former administrator calling the shots at hearing
| Behind closed doors |
| Former city alderman Dick Peplow delivered scathing testimony during the first day of the hearing into the legality of secret meetings. Following is a selection of revelations made by Peplow in NWT Supreme Court under questioning from property owners' association lawyer Stephen Cooper. |
| Mayor David Lovell called for "hands-up" votes three to five times during the two years Peplow was on council. |
| There was so much secret debate on the Niven Lake subdivision project that when discussion finally moved into a public forum aldermen had nothing to left to say about it. The multi-million-dollar project was approved without debate. |
| Less than six per cent of matters discussed at secret meetings are permitted to be discussed in secret under the NWT Cities Towns and Villages Act. |
| Everything that came before council or committee was first discussed in secret. |
| Peplow is slated to be cross-examined by city lawyer Leo Burgess either today or tomorrow. |
Richard Gleeson
Northern News Services
NNSL (May 20/98) - He may not work for the city any more, but Doug Lagore still speaks for it.
At least, that's what city lawyer Leo Burgess argued Monday during the opening day of a hearing in the Yellowknife Property Owners Association lawsuit to put a permanent end to secret meetings.
Burgess made the point early in the day, in response to association lawyer Steven Cooper's request to have Lagore removed from the courtroom during the testimony of former Ald. Dick Peplow.
Burgess argued Lagore was more than a witness. "He is a representative of the city and it is important to have him here to instruct us during the course of the trial."
The judge agreed with Burgess and allowed Lagore to move from the gallery to counsels' table. There Lagore heard an hour of Peplow's testimony against secret meetings.
Meanwhile, past association president Ken Pook and secretary-treasurer James Phillip made a brief visit to City Hall to ask Mayor Dave Lovell if he had told Burgess Lagore would act on behalf of the city.
The two reported back to Cooper that the mayor had unequivocally giving any such instructions.
When the hearing resumed following the lunch break, Cooper asked to call Lovell, Hall, Lagore and Phillip to the stand to clarify whether Lagore had the authority to act on behalf of the city.
"As I understand it, the current city administrator said (Lagore) does not have the authority to represent the city and very limited authority to instruct counsel," said Cooper.
Cooper said he intended to apply for a mistrial if it was proven Lagore had no authority to act for the city.
"I have no doubt I can get appropriate instructions in writing on this," countered Burgess, suggesting Lagore be allowed to stay until he could get the proof.
NWT Supreme Court Justice Howard Irving opted for a more expedient solution, ruling Lagore be excluded from the hearing until he saw the written instructions.
The mayor refused Yellowknifer's request for a comment on the turn of events, but two aldermen were more forthcoming.
Asked if council had discussed appointing Lagore the city's representative, Ald. Kevin O'Reilly said, "Not that I'm aware of. I'm not at all pleased with the way this matter was handled."
Ald. Ben McDonald also refused to comment, but Ald. Robert Slaven said to his knowledge council had not authorized Lagore as the city's representative.
Whether or not he was authorized to represent the city in the case, Lagore's manner was less diplomatic that typical of days running city hall.
Outside the courtroom during a morning break, Lagore resisted a photographer's attempts to pursuade him not to turn away from the camera, he said, "You've got something on your chin -- it's bullshit and it won't come off."
The hearing is expected to last until Friday.
