Former Athabasca County community peace officer Terry Jordan says that when he heard late last year that noise tickets had been issued against Second Chance Animal Rescue Society (SCARS) and Sammyís Pet Boarding, he knew right away the charges wouldnít hold up in court.
Jordan resigned last summer due to what he described as ìpolitical interferenceî after several years of trying to convince county officials there was insufficient evidence to proceed with charges against SCARS, and more recently, Sammyís Pet Boarding.
Jordan said he had communicated a number of his concerns to a superior, but specifically, Jordanís resignation came about two weeks after he claims two councillors ó whom he declined to identify ó confronted him in his office, demanding information on the investigations pertaining to the animal-related organizations.
ìI had two councillors come into my office, (and) one of them was in a very upset mood,î Jordan said. ìBasically, I was trapped within my office. They were demanding access to files they couldnít have access to.î
Jordan said he refused to give them information as it was protected under the Freedom of Information and Privacy Act (FOIP).
ìThey were demanding access to files that they werenít allowed access to, because they are protected under FOIP,î he explained about the incident. ìI (only) discussed the files that they were involved with directly.î
Jordan said he was ìaccused at that time of being the mole in the countyî for releasing information to the media, but Jordan said his reports were all public information distributed in county agendas.
Another county administrator intervened, Jordan said, who told the councillors that confronting county employees directly on such requests was not normal protocol.
ìYou do not come directly (to me), and thatís what they did,î Jordan said. ìThey came directly to me, and one of them was very upset and was making what Iíd perceive to be threats.î
Neither county manager Gary Buchanan nor Reeve David Yurdiga would comment on the incident Jordan alleges took place.
Yurdiga said it is within protocol for a councillor to request information from members of county administration, but that giving direction must go through council, relayed through the county manager.
ìIf we give direction, that has to come from council,î Yurdiga said. ìCouncil gives direction.î
However, Yurdiga said councillors are free to communicate and make inquiries.
ìÖ If youíre asking for information, information is available from anyone ó any of the managers,î he said. ìIt depends on what type of information was requested. Itís obvious that to do our jobs, we have to know whatís happening out in the field. To do your job, you have to get information, right?î
For example, Yurdiga said, ìcouncil would direct the manager of the peace officer, but if a councillor wants information, thatís protocol; we can ask questions.î
Nevertheless, Jordan said the incident was a key factor in him tendering his resignation on June 28, 2012, after close to four years as a county bylaw and community peace officer.
ìI wasnít prepared to work in those conditions,î stated Jordan.
Jordan says despite years of investigating noise complaints against SCARS and Sammyís Pet Boarding, he was unable to build a case that would support laying charges against them.
ìIn my reports, I was very clear that the evidence does not warrant or support charges, and the likelihood of a successful prosecution was minimal,î said Jordan.
ìIím not saying the dogs donít bark, but what youíve got to look at, too, to be able to prove it in court, is that the dogs bark excessively,î he said.
In December 2012, new Athabasca County peace officer Ryan Alice issued tickets for $100 each to SCARS and Sammyís Pet Boarding for allegedly allowing their animals to bark and howl excessively.
Both charges were dismissed in Athabasca Provincial Court on Feb. 25 on two separate technicalities. The SCARS ticket was thrown out because there was no one present in court to speak to it, since crown prosecutors are not permitted to speak to municipal matters. Athabasca County claimed earlier this month that this was a ìrecentî change ó an allegation Jordan refutes.
ìWhen I was first hired, I made it very clear to them that if they lay any charges, that it was their responsibility to provide a lawyer to prosecute, and that it was their responsibility to appear in court, and I told them that on numerous occasions,î Jordan said. ìItís just that the management chose to forget that.
ìThe bottom line here is theyíre continuing to push this process when they donít have their own ducks in a row.î
Athabasca County has not said whether the tickets against SCARS and Sammyís Pet Boarding will be reissued. Jordan maintains that the chances of a successful prosecution are slim.
ìItís an ongoing process, primarily driven by two people,î he said, referring to the councillors who allegedly confronted him in his office last June. ìÖ Even if they lay new charges, theyíre going to be turfed,î he predicted.
ìHow much longer are they going to be wasting public funds?î
