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Lawsuit claims councillor in conflict of interest
Businessman seeks removal of Coun. Michael Rowe; states village interfered in contract process

April Hudson
Northern News Services
Thursday, October 13, 2016

LIIDLII KUE/FORT SIMPSON
Fort Simpson businessman Reginald Bellefontaine is seeking to have Coun. Michael Rowe removed from village council, claiming Rowe failed to declare a conflict of interest in council decisions regarding a company owned by his father.

NNSL photo/graphic

Coun. Michael Rowe is the subject of a lawsuit seeking to have him removed from village council due to an alleged conflict of interest. - April Hudson/NNSL photo

The company in question, Rowe's Recycling, is owned by Pat Rowe, who has run the recycling depot in Fort Simpson for the past 30 years.

Aside from family ties, Mike Rowe is also a mechanic for P.R. Contracting, one of Pat Rowe's other businesses.

In an affidavit filed Oct. 4 in NWT Supreme Court, Bellefontaine states he applied for a recycling depot licence earlier in 2016. When contacted by the Deh Cho Drum, Bellefontaine confirmed he sought the licence from the Department of Environment and Natural Resources, which manages the territory's beverage container recycling program.

A department website lists Rowe's Recycling as the current depot operator.

Bellefontaine claims the village interfered in his chance for a "fair process" by allowing Rowe's Recycling to operate out of a quonset hut on the end of the island on land he does not own. The land belongs to the Commissioner of the Northwest Territories.

Rowe's Recycling closed temporarily in April after Bellefontaine delivered a letter to village council informing them Rowe's Recycling did not own or lease the land it operated on.

In May, Rowe's Recycling re-opened at a temporary site after village council approved a development permit for the site. The company later moved to a building that used to house P.R. Contracting, one of Pat Rowe's other companies.

Owner Pat Rowe told the Deh Cho Drum at the time that he had run the recycling business out of the quonset hut for the past 30 years. He said the business opened in 1989 after a "handshake deal" with the Village of Fort Simpson.

But Bellefontaine stated by allowing Rowe's Recycling to operate without a lease to the land, the village made it "difficult, if not impossible" for Bellefontaine to compete fairly for the contract.

Councillor pursued for conflict

Bellefontaine's lawsuit states Coun. Michael Rowe was a party to council discussion that made it possible for Rowe's Recycling to continue operating. He also accuses Michael Rowe of benefitting personally from council decisions.

"Mr. Michael Rowe has demonstrated that he is not fit for public office," his affidavit states.

When contacted for comment on the lawsuit, the councillor said he only recently found out about the suit himself and could provide no information.

"The only thing I can say is that I have always acted with the best interests of Fort Simpson in mind and will continue to do so moving forward," he said.

Bellefontaine declined to comment on his lawsuit.

Councillors have questioned Rowe in the past on whether or not he should declare a conflict of interest in matters involving his father's companies.

But on April 18, Rowe told council he felt he could participate in the discussion around Rowe's Recycling without needing to declare a conflict of interest.

On May 2, he told the Deh Cho Drum he felt he could make an informed and impartial decision regardless of family relations.

"I was elected to do my best for the community," he said at the time.

Bellefontaine's affidavit lists the Village of Fort Simpson and the territorial Department of Municipal and Community Affairs as respondents. He is also seeking unspecified punitive damages in the case.

Fort Simpson's acting senior administrative officer, Mitch Gast, did not respond to a request for comment by press time.

Jay Boast, communications adviser for the Department of Municipal and Community Affairs, said the department could not comment on matters that are before the court.

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