Two senior managers who worked for the Town of Sackville filed separate lawsuits in 2022 and 2023 challenging their removal from their jobs in the newly amalgamated municipality of Tantramar, according to court records in Moncton.

Chief Administrative Officer Jamie Burke launched his case against the provincial government in October 2022 after he lost the competition for the Tantramar CAO’s job to Dorchester’s CAO Jennifer Borne.

Sackville Treasurer Michael Beal sued the province and the new municipality in March 2023 after he was appointed director of the newly created department of corporate compliance instead of keeping the treasurer’s job he had been doing for Sackville since 1999.

Files in the Court of King’s Bench show that both Burke and Beal withdrew their cases after reaching out-of-court settlements.

Jamie Burke’s case

In his court filings, Burke asks the court:

1. to overturn the minister of local government’s decision to appoint Jennifer Borne as Tantramar’s new CAO as well as his decision to deny the job to Burke
2. to declare that the Minister, Daniel Allain failed in his obligation to provide procedural fairness in finding that Burke was not suitable for the position without giving him a fair and unbiased opportunity to present his application during his job interview
3. to declare that Jennifer Murray Consulting, the firm hired to oversee the job application and interview process, conducted the process improperly without procedural fairness and with bias against Burke and in favour of Borne
4. to award Burke legal costs

Sackville CAO Jamie Burke

In a sworn affidavit, Burke states that he was “excited for the opportunity” to compete for the Tantramar CAO job.

“I worked carefully to craft my application,” he says, adding: “I also worked on a PowerPoint presentation which would form the main portion of my presentation.”

He goes on to say that during his interview at the Coastal Inn on June 8, 2022, he was not given a “proper opportunity” to present his PowerPoint and that he was “put at a significant disadvantage” compared to the other candidate.

“Shortly after my interview, Andrew Black, a member of the Human Resources subcommittee, resigned from his position as a result of the interview and candidate evaluation process,” Burke’s affidavit says.

For Warktimes coverage of Black’s resignation from the subcommittee as well as the Town of Sackville’s formal request for an independent review of the hiring process, click here.

For Warktimes coverage of the minister’s decision not to grant the town’s request for an independent review, click here.

Burke’s affidavit says that Chad Peters, the business consultant the province hired to create the new municipality, offered him a demotion to the post of Deputy CAO or suggested he might apply for a job as Chief Executive Officer of the Regional Service Commission based in Sussex.

“I reminded Mr. Peters that I lived in Sackville and my wife was a professor at Mount Allison University in Sackville. Accordingly, moving was not an option for our family.”

An exhibit filed with the affidavit shows that Peters also suggested Burke could apply for CAO positions in the southeastern New Brunswick municipalities of Maple Hills, Butternut Valley and Fundy Albert.

Sackville Town Council accepted Burke’s resignation on October 27, 2022.

He began a new job in January 2023 as an urban planner for the big, professional services company Stantec where he is still employed.

A letter in the court file from Burke’s lawyer dated February 2, 2023 says Burke and the province have resolved outstanding issues and he is withdrawing his case.

In an e-mail to CHMA reporter Erica Butler, Burke says he is unable to comment on his case and how it was resolved.

Michael Beal’s case

Sackville Treasurer Michael Beal in June 2022

In his sworn affidavit dated March 10, 2023, Michael Beal states he attended a meeting with Tantramar’s new CAO Jennifer Borne and transition co-ordinator Chad Peters in December 2022, just weeks before municipal amalgamation would take effect on January 1st.

“During the Meeting, Mr. Peters and Ms. Borne advised me that my position as Treasurer of the Town of Sackville was being revoked and/or eliminated, effective December 31, 2022 and that I was not being appointed as the Tantramar Treasurer.”

The affidavit says Peters and Borne told him he would be appointed instead to a newly created post as director of corporate compliance.

“As Treasurer for the Town of Sackville for over 29 years, I have developed an intimate understanding of the required and prescribed tasks, responsibilities and duties of a municipal treasurer and how to be successful in this position.”

Beal points to several “excellent performance reviews” from past Sackville CAOs that are included in his court filings as well as to his service several times over the years as Acting CAO while also performing his duties as treasurer.

“As Treasurer, I took great pride in serving my community and keeping the Town of Sackville’s finances healthy. I truly loved working as Treasurer for the Town of Sackville and have always felt that accounting and finance are my callings.”

Beal points out that under New Brunswick’s local governance act, his position as treasurer was classified as an officer “entitled to hold office until retirement, death, resignation, or dismissal for cause after a vote in favour of the dismissal by two-thirds of the council members.”

But he was unable to obtain a written employment agreement for the corporate compliance position and could not ascertain whether he would have the same job protections he had as Sackville’s treasurer.

At the same time, he continued to perform duties as Tantramar’s treasurer because the town had not hired a new director of financial services.

“But for my continued service as a Treasurer for Tantramar, and the corresponding accounting and financial services that I render, the municipality would be unable to function properly,” his affidavit states.

In his court filings, Beal also asks for his legal costs to be covered.

Tantramar council approved his appointment as treasurer in April 2023 and Beal withdrew his lawsuit on July 11th.

He responded to an email from Warktimes asking about his case and his out-of-court settlement:

“This court action was filed in order to meet my 90-day time limit in order to protect my legal interest with regards to employment law and time limits.  After my appointment to a similar employment status under the Local Governance Act; there became no need to continue the claim and it was withdrawn. I am satisfied with the outcome.”

To read CAO Jennifer Borne’s description of the director of corporate compliance position, click here.

Warktimes and CHMA FM worked together on this story. To listen to CHMA journalist Erica Butler’s report, click here.