Richmond County, former CAO settle wrongful dismissal suit

The Municipality of the County of Richmond in Cape Breton has settled out of court with its former chief administrative officer after he sued last year for wrongful dismissal.

Warden Brian Marchand said the county and former CAO Kent MacIntyre came to an agreement in March, with the county agreeing to pay MacIntyre $33,518 for about three months salary, plus $5,000 in legal costs.

"I think the thought behind a lot of these settlements is weighing the cost of litigation as opposed to settlement itself and that's what took place," Marchand said. "There's no admission of any guilt."

MacIntyre was fired in a 3-2 vote of council in April 2019 after some councillors — including Marchand, Alvin Martell and Gilbert Boucher — complained about a lack of detail on expenditures from the county's sundry account. MacIntyre had been in the job less than two years.

The former CAO sued the county and the councillors, seeking nearly $493,000 in lost wages over the remaining years of his contract, plus legal fees. He had a five-year contract with a salary of just under $130,000 per year.

The councillors denied any wrongdoing.

'Lucky to secure employment'

MacIntyre, who is now working for Cape Breton University, said he was paid out about four months' severance when he was fired and the settlement reflects general damages for the three months it took him to find another job.

"From a legal perspective, it was incumbent upon me to job search and try to mitigate any costs to the employer, so fortunately, I was lucky to secure employment within three months," he said.

The speed with which he found a new job was a bit of a surprise, MacIntyre said, considering the length of his career and the possible job opportunities in Cape Breton with similar responsibilities and compensation.

MacIntyre said the settlement does not mean he was not wrongfully fired.

"As far as I'm concerned, when somebody approaches someone else with a settlement, they feel that they are at risk if they end up going to court," he said.

"To be offered a settlement back in February, I viewed that as these folks understood that they wouldn't be successful in court."

Richmond County had been looking for a new CAO after Warren Olsen resigned over his travel and expense claims in 2016 following a critical forensic audit and an ombudsman's report into the county's overall finances.

The warden at the time, Steve Sampson, was also under fire for his expenses.

MacIntyre said Richmond's woes were well known, but he doesn't regret taking over the top staff position in the troubled municipality.

In 15 months under his guidance, Richmond County undertook several "terrific" projects, including the creation of a strategic plan, MacIntyre said.

"During the interview process, the council of the day was looking for change and stability ... and they saw that I had a track record of senior management, that I'd be able to help them move forward," he said.

Don Marchand, the county's director of finance and no direct relation of Brian Marchand, was appointed interim CAO after MacIntyre was fired and has since been given the job permanently.