Alberta village first to use recall legislation to eject councillor

Residents from the Village of Ryley are the first in Alberta to use recall legislation to get rid of an elected official.

Last month, Ryley's chief administrative officer accepted a petition to eject Nik Lee from council. Of the village's 460 residents, 250 signed the petition.

"Democracy is a powerful tool in the hands of the people," petition organizer Mickey Wilson said in an interview.

"We have the power to make this right and remove this man."

Nik Lee was originally elected to council in 2017, but was disqualified in 2019 for not paying his municipal taxes. He was asked to resign, but refused.

The village then took him to court and won. He was removed from council two years laterin February 2021.

However, he successfully ran again for council that fall. Council then voted to make him mayor.

Some residents became concerned during his tenureasthevillage's budgetspending ballooned from $1.7 million to over $3 million in 2022.

"Pretty well all of our life savings for the village were spent," said Brian Ducherer, who was councillor at the time but has since become mayor.

"We are living on fumes."

In 2022, the village spent almost $317,000 on its chief administrative officer. By comparison, Edmonton's city manager's salary was just over $332,000 in 2020.

Since November 2021, five CAOs have worked for the village.

Lee also charged the village more than $5,000 for attending 32 meetings in January and February of this year without approval.

Council removed Lee as mayor in February. Then, as a councillor, he missed the next eight weeks of council meetings without approval.

In response, council voted to disqualify Lee from his position in April.

Coun. Nola Wood-Herrick, who served as Lee's deputy mayor, was similarly disqualified for absenteeism. She had also charged the village almost $4,000 for attending meetings this year without permission.

As Lee did not resign after being disqualified, the village would again have go to court to actually remove him. Instead, residents decided to use a Recall Act petition, fundraising from the community for the $500 application fee.

Holding elected officials accountable

The Recall Act came into effect in April 2022 and allows electors to remove MLAs, municipal officials and school trustees through petition.

Eligible voters can have them removed 18 months after being elected, if they feel the officials are not upholding their responsibilities, according to the Alberta government website.

For recalling a municipal official, petitioners have 60 days to gather signatures from eligible voters comprising 40 per cent of the municipality's population.

While the act can make elected officials more accountable, Ian McCormack, president of Strategic Steps, a management consultant company, said it can be dangerous.

"I think elected officials, whether it's provincial, school or municipal, should be elected to look at the best long term interests of our community," he said.

"Sometimes you got to have pain before you can have gain."

'Best interest of the village at heart'

Lee said in an interview that the petition was unnecessary as he had already submitted his resignation to the province in March.

Typically when resigning from council, councillors should tell the municipality and not the province, McCormack said.

Lee said he did not notify the Village of Ryley because he does notrecognize the new mayor and CAO, who were appointed at the same meeting he was removed as mayor.

"I think what I've done on council was always with the best interest of the village at heart," he said.

He said that the village went over budget last year as it was catching up on bills from the year prior. The village is planning to auditlast year's expenses.

Wood-Herrick resigned from council June 1, shortly after the Recall Act petition for Lee was accepted.

A byelection for both open council positions is scheduled for Aug. 14.

Lee does not rule out running for elected office again.

"I will never say never, but in terms of my involvement with council right now, I am going to stay out of politics for the Village of Ryley at this point."