Pembroke's contract paying mayor's law firm won't go out for bids

After a quick debate before their holiday break, city councillors in Pembroke, Ont., decided to scrap the idea of revisitingthe city's 21-year-old contract with the city solicitor whose direct ties to the mayor has raised concerns seemingly putting that matter to bed for the next five years.

The city has been paying lawyer Robert Sheppard to represent it on legal matters for decades. Sheppard works at Sheppard & Gervais,the same business Mayor Ron Gervais works.

That relationship hasraised eyebrows from both councillors and residents this past year.

Some residents sharedthey were outragedto learn taxpayers were footing the city's legal bills to a business with direct ties to the mayorand said theybelieved this was a conflictof interest.

In one case, a resident produced evidence that allegedGervais worked on the taxpayers' dimeas part of the team representing the city in a civil suitwhile he was an elected official.

CBC News reportedlast monththat the city has been paying tens of thousands of dollars to Sheppard & Gervais, the business, every few monthsfor a total of $198,526 between January 2022 and March 2023.

The council discussion around the contract was delayed for months after a motion to review the dealand open it up for other bids in Aprilwas tabled.

Coun. Troy Purcell brought forward the motion again on Tuesday.

Mayor Gervais declared a "perceived" pecuniary (financial)interest at the beginning of the meetingand justified that saying Sheppard was one of several lawyers the city employs.

Coun. IanKuehl announced that he had a "general conflict" regarding the matter, not under the provincial law but under the city's code of conduct. Kuehlisa lawyer in the city and has previously worked at Sheppard & Gervais.

The two left council chambers when the matter was debated Tuesday, leaving five members to decide its fate.

• Watch the full debate here

Council split 3-2 on 'long overdue' motion

Purcell urged councillors to bring back the motion to put the contract out for biddingto show the council's "commitment to municipal government accountability and transparency."

He said this was "long overdue," and said procurement would ensure taxpayers got the best value for their dollars as well as quality assurance.

Coun. Andrew PlummerandCoun. Pat Lafreniereboth said they believed council decided in April that it would keep Sheppard & Gervaisservices for another five years.

"We decided that we would retain Sheppard & Gervais until the next term of council so I'm going to stick with my decision," Plummer said.

Purcell said he never agreed to that and said he reviewed meeting notes that indicate his motion had, in fact, been tabled.

"I don't know why some councillorsdo not support going out for market for professional legal services," said Purcell,addingother residents are questioning the Sheppard & Gervaisrelationship.

The chief administrative officer David Unrau clarified that councillors voted ona separate motion in April.

It askedUnrau to prepare an amendment to the procurement bylaw to:

1. Limitall contract awards to no more than five years.
2. Include a transition provision for any current contracts without an end date to "be deemed to start a five-year period upon passing of the new bylaw."
3. To table Purcell's motion"for the time being and returned at the meeting of council at which the above amendment is brought forward."

Councillorspassed the amendment to theprocurement bylaw inMay, not April. Purcell's motion was not discussed at that meeting.

In a recorded vote, Coun. Ed Jacyno, Plummer and Lafreniere voted against bringing this matter backand debating on putting the contract up for procurement in the upcoming months.

That defeatedCoun. Brian Abdallah and Purcell's votes in favour of the motion.