The City of Nanaimo says there is no basis for the courts to award damages for mental distress alleged in a notice of claim filed by a former chief administrative officer.

Tracy Samra, fired in 2018, filed a notice of civil suit against the city, former mayor Bill McKay and current Coun. Sheryl Armstrong in May 2021. In a response filed in the Supreme Court of B.C. last month, the city denied many of the plaintiffB次元官网网址檚 claims and alleged she acted improperly.

While Samra claimed she was B次元官网网址渞epeatedly bullied and harassed by McKay and Armstrong, each of whom engaged in a course of conduct of false allegations of fraud, misuse of public monies and other attacks on [her] characterB次元官网网址� and the city took no steps to B次元官网网址渟top the mistreatment of Samra, or take reasonable steps to discipline McKay or Armstrong,B次元官网网址� the defendants refuted those assertions.

From November 2015-2018, Samra B次元官网网址渆ngaged in acts which disclosed incompetence, misconduct and made threats against various individuals,B次元官网网址� the defendants claim in their response.

On Jan. 31, 2018, after McKay informed senior management and council that RCMP would be initiating an investigation into credit card use, the city alleges Samra B次元官网网址渕ade threatening comments to a number of employees and the mayor,B次元官网网址� in violation of city workplace regulations. Among her transgressions, Samra is alleged to have demanded city employees go to her office B次元官网网址渞ight [expletive] now.B次元官网网址� She also reportedly said, B次元官网网址淸Expletive] mayor, IB次元官网网址檓 going to kill him, read the e-mail, him and [expletive] Sheryl Armstrong went to the cops,B次元官网网址� in addition to threatening to burn down McKayB次元官网网址檚 office and home.

The court documents claim Samra asked a city worker to access McKayB次元官网网址檚 computer B次元官网网址渁nd demanded the code and engaged in aggressive conduct.B次元官网网址�

Samra also allegedly approved B次元官网网址渢housands of dollars of personal purchases, including car repairs, vacations and other expenses,B次元官网网址� on former chief financial officer Victor MemaB次元官网网址檚 credit card, and made inquiries about firing city staff after they reported the actions. She is also alleged to have directed a Freedom of Information and Protection of Privacy Act officer not to disclose information that would be B次元官网网址渉armful to [SamraB次元官网网址檚] reputationB次元官网网址� such as supplying credit card statements to the Office of the Information and Privacy Commissioner for B.C.

The investigation found financial irregularities, according to court documents, including an B次元官网网址渦nauthorizedB次元官网网址� sum of approximately $24,000 paid to Mema in September 2017.

The city denied violating SamraB次元官网网址檚 contract or wrongfully dismissing her, stated the response, and the defendants stated they didnB次元官网网址檛 take part in B次元官网网址渋ntentional infliction of mental sufferingB次元官网网址� on the plaintiff.

B次元官网网址淣on-compliance with her employment duties and breach of her fiduciary duties and general duties of good faith, [loyalty] and honesty that she owed to the city constituted wilful disobedience, insubordination, and was an intentional breach of the employment agreement,B次元官网网址� the court documents noted.

Samra also filed a complaint against the city, McKay and Armstrong with the B.C. Human Rights Tribunal. The most recent hearing took place between July 27-29 and the next hearing is scheduled to take place between Oct. 24 and Nov. 2.

None of the claims alleged by Samra, McKay, Armstrong or the city have been proven in court.

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