The Westlock News is one step closer to being provided with information concerning former Pembina Hills school division Supt. Richard Harvey’s departure.
On April 10, adjudicator Wade Raaflaub with the Office of the Information and Privacy Commissioner handed down his ruling on a requested fee waiver following an oral hearing into the matter on Aug. 23, 2012.
Raaflaub ruled the school division did not properly calculate its fees to make the information available when it estimated in late 2010 that doing so would cost close to $4,000.
In addition, he has ordered the division to recalculate the fees it initially provided.
“I require the Public Body (the school division) to fulfill its duty … by giving the Applicant (the News) a proper estimate of the amount of fees to process (the News’) access request,” Raaflaub wrote in his ruling.
Furthermore, he ordered Pembina Hills to recalculate its fees and notify him and the News that it had done so within 50 days of receiving the order.
Raaflaub also determined the News will be required to pay no more than 50 per cent of those recalculated costs, which is expected to be less than $2,000, after concluding only half the documents the News requested from the division “related to a matter of public interest.”
How much the News will be required to pay to access the information it has requested will not be determined until the division discloses its new fee estimate.
Harvey was scheduled to appear in Barrhead Provincial Court on April 9, but did not attend. On Harvey’s behalf, defence lawyer Bruce Lennon requested more time to review the eight boxes of disclosure Harvey received at his first scheduled court appearance on Jan. 8.
Judge Bruce Garriock granted Harvey until May 14 to review the files.
Harvey, 61, is charged with fraud over $5,000 and breach of trust for allegedly submitting excessive expense claims to the school division between May 1, 2006 and Dec. 31, 2010.
Harvey was first scheduled to appear in Barrhead court on Jan. 8 to face fraud charges, but did not attend. Through duty counsel, he requested a disclosure file from the Crown and six weeks to review it.
Judge Garriock put the case over to Feb. 26, giving Harvey just over six weeks to review the large disclosure package.
“Six weeks may be a bit ambitious,” said Crown prosecutor Jeff Morrison at the time, commenting on the size of the disclosure package.
On his scheduled Feb. 26 court date, Harvey did not attend again. Through a lawyer he requested more time to review his disclosure, and the April 9 court date was set.
Alberta Justice spokesperson Jason Maloney confirmed that Harvey, who currently resides in Newfoundland, was charged on Oct. 16, 2012.
Harvey left his post as Pembina Hills superintendent in October 2010 under mysterious circumstances. At the time Pembina Hills school division officials gave no indication why he was no longer superintendent, only that he was no longer a division employee.
•With files from Doug Neuman and Kelly Brooks.
