Coldstream fight heats up

By Richard Rolke - Vernon Morning Star Published: August 21, 2008

The District of Coldstream is stepping up the pressure on its former fire chief and rank-and-file firefighters. An Aug. 18 letter from the district’s lawyer to Leo Lecavalier states that his “persistent interaction” with the fire department is putting the department’s constitution at risk, is an interference in the district’s contractual relations with its employees and exposes Lecavalier to legal action. “Your actions have also exposed these employees to the potential of discipline up to and including their termination of employment for cause,” wrote Veronica Ukrainetz, a Vernon-based labour lawyer. Lecavalier was fired by council Aug. 1 after nearly 25 years of service, but no details have been released about the dismissal. The firing comes less than a month after Lecavalier publicly expressed concern about the construction of a new fire hall on Aberdeen Road. In an Aug. 15 letter to chief administrative officer Wendy Kay, Lecavalier takes issue with his not being able to remain as a member of the volunteer department.

“According to the (department’s) constitution, matters of membership in the fire department are solely within the discretion of the officers of the fire department. In article 13 of the constitution, the fire department’s membership committee and executive committee have been delegated the sole authority to admit new members,” wrote Lecavalier. “There is no mention of the district’s council, or anyone else at the district, having any role in this regard.” However, the municipality disagrees with that view. “The constitution does not take away from the district the authority to manage its fire department employees — which includes the termination of employment of members of the fire department and putting on hold the hiring of new members,” said Ukrainetz. “While constitutional amendments require a per cent approval of the membership, they also require approval of council. And ultimately, council has the power to do away with the constitution entirely.” Lecavalier’s legal counsel is not impressed with how the municipality is handling the matter. “It is regrettable that the District of Coldstream has chosen to respond to Leo Lecavalier in the manner of a schoolyard bully rather than with a good faith attempt to resolve the real issues relating to the operations of the fire department,” said Robert Smithson, a Kelowna lawyer.

“The district has shown its colours by denying the governing authority of the fire department’s constitution (a document, it should be noted, to which the district is a signatory). This should serve as an alarm to the paid-on-call firefighters that they now answer to the district’s administrative staff rather than to professionals elected from within their ranks.” Smithson added that the municipality appears determined to obtain Lecavalier’s co-operation by “holding the prospect of litigation over his head. “Even worse, the district is effectively holding the fire department’s other officers hostage by stating they may face ‘discipline up to and including their termination of employment, for cause.’ One can only wonder who at the district — mayor, council or administrative staff — authorized this shameful use of intimidation tactics against a long-serving, loyal member of the community.”

Mayor Gary Corner denies that correspondence from the district is threatening. “The letter just clarifies things,” he said. Corner also stands behind the view that the municipality has the authority to determine not only who is chief, but who is a member of the fire department. “They are paid employees, keeping in mind that they volunteer a lot of time. They don’t do it for the money,” he said. “We’ve met with the fire department and we have agreed to sit down with them and hash it out so it works for everyone.”