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Town of Coaldale issues “cease and desist” to outspoken former employee

Jan 22, 2021 | 11:14 AM

COALDALE, AB – The battle between the Town of Coaldale and one of its former employees continues.

Kris Mikado used to work in the municipality’s maintenance department but was laid off by his now-former employer. He alleged that there was a culture of bullying and harassment towards workers including himself by management.

He, alongside the group Citizens for a Better Coaldale (CFBC), has been outspoken about these concerns in recent months.

In response, the Town of Coaldale hired an independent consultant to conduct an “HR investigation” to look into the workplace’s culture.

Cheryl Yingst Bartel was tasked with composing various themes that emerged from both town hall and other associated workplaces like the fire department and the shop.

She spoke to 26 current employees and seven who previously worked for the town up to five years ago.

In the end, while Bartel recognized that there were areas of improvement, she found that the municipal work environment was “not toxic” as Mikado and others had claimed.

READ MORE: Internal investigation finds Town of Coaldale workplace “not toxic”

A statement from CFBC said that the findings of the HR investigation had a “foregone conclusion” and was a “misuse of taxpayer’s dollars.”

“Many feel, not only did Town Council “blow it,” the HR audit findings, and Town Council’s public statement has only served to elevate many public concerns regarding the employee allegations and suspicions about Coaldale Town Council and Town management.”

In response to this statement and other public remarks in the past, a lawyer hired by the town, Michael H. Vos, has issued a cease and desist letter to Mikado.

“We wish to notify you that the negative comments you have been making about the Town and its employees and your public remarks about Town Council must come to stop. These allegations that you are making in the public forum, are defamatory and may constitute unlawful harassment of the Town and the individuals involved.

The Town demands that you immediately cease and desist any activities designed to disparage or discredit the Town or Town Council which could reasonably cause any harm to the Town and its employee’s reputation and integrity. If you engage in further defamatory activity, the Town will consider its legal recourse, without further notice, to protect its interests. Should this become necessary, the Town will hold you liable for the costs associated with such legal action.

The Consultant’s investigation into your workplace complaints, in part outlined in your October 6, 2020 letter to Town Council, determined that your allegations are without merit.”

Mikado has since retained an attorney of his own, Douglas P. Carle, who has made it clear that his client will not stop speaking out against the town until significant progress is made.

Carle says that Mikado views the cease and desist as a “threat,” that he could face legal consequences for saying anything negative about the local government.

“Frankly, we find your threats on behalf of the Town of Coaldale to be outlandish. My client is a citizen of the Town of Coaldale. He has an alienable charter right to publically speak out against the Town of Coaldale (an elected body) and/or the actions of Town Council (elected officials). My client views your correspondence as an attempt by the Town of Coaldale to intimidate and threaten him from exercising his charter rights.”

Mikado’s lawyer goes on to say that he will “disregard the threats contained in your letter in its entirety and will continue to speak out truthfully and forcefully to any and all areas of concern as it involves your client – as is the responsibility and obligation of every citizen in a democracy.”

CFBC continues to advocate for a municipal inspection to be conducted by the provincial government, as they say it would allow for a wider scope of issues to be investigated and would be more transparent to the community.

READ MORE :

Coaldale group garnering petitions to force municipal inspection of town Oct 20,2020

Coaldale Council to investigate only a portion of community complaints Oct 16, 2020

Petition asking for municipal inspection in Coaldale receives over 2,300 signatures Dec 15, 2020