Warden Richard Dauphinee not in conflict in West Hants land deal
Judge says warden's actions cavalier and without due diligence, but he didn't break conflict of interest law
A Nova Scotia Supreme Court judge has ruled the warden of West Hants should not be stripped of his office, but heavily criticized him for promoting the sale of a friend’s property to his own municipality for more than it was likely worth.
Warden Richard Dauphinee faced trial in November in Kentville after a citizen, Tom Calkin, brought forward allegations of a conflict of interest.
The allegations deal with the municipality's $500,000 purchase of 5.7 hectares of land from financially distraught apple processor J.W. Mason and Sons Ltd.
Two appraisals long after the sale valued the land at roughly $200,000, far less than the municipality paid, according to the ruling by Justice Gregory Warner, released Wednesday. A third appraisal said the land was worth $562,000.
“With undue haste, and without apparent involvement of the administration of the municipality or prior due diligence, including an appraisal or assessment of the value of the Mason lot, the [Warden] promoted the purchase of his friends’ property to the municipality,” Warner wrote.
“Councillors are trustees. It is difficult to comprehend how such a long-serving councillor as the [warden] could proceed to approve this purchase in such a hasty and cavalier manner with no due diligence.”
Call for resignation
Calkin said Wednesday he’s disappointed the judge found the warden did not breach the Municipal Conflict of Interest Act, but argues the remarks in the ruling are so damning that Dauphinee should resign.
“I’m not about to resign,” Dauphinee told CBC News. “I’ll continue to do my job. As it was said in court, it was a political witchhunt.”
The court decision says Dauphinee is lifelong friends with three of the owners of J.W. Mason and Sons, and that the company president offered to sell the land during an April 2011 breakfast with the warden. The property is adjacent to a business park the municipality was seeking to expand.
That night the warden brought the offer to a council committee of the whole meeting behind closed doors. The committee voted in favour, even though no appraisal of the property had been done.
No pecuniary interest
The judge, however, says there’s no proof Dauphinee had a pecuniary interest in the sale. Calkin had argued the warden owned nearby land and would benefit from the Mason property being sold.
Calkin said Wednesday he’s disappointed in the judge’s ultimate decision to dismiss his application, but added Warner’s discussion of Dauphinee's role is nonetheless stinging.
“If anybody were to take the time to read the judgement itself, they would realize [Dauphinee] has not been damned with any praise,” Calkin says.
“He has been damned with very, what I would call, critical remarks about the whole treatment of this affair in the first place.”
Calkin says he is not politically motivated, but simply concerned about where his tax money is heading.
It’s been a bad year for the Municipality of West Hants. It’s CAO was charged with assault this summer, and resigned following an outside audit that found financial irregularities.
Dauphinee says he’s uncertain why an appraisal of the Mason land was never done, but noted the municipality is now under new administrative leadership. And he suggests the land deal was a good one for West Hants.
“There was no special meeting called, or anything,” he says. “Committee of the whole was on that night. I just took it to them and it was up to council what they wanted to do.”