A former senior official at the City of Charlottetown in 2018, known as a whistleblower, has initiated legal action against the city for alleged wrongful termination. Scott Messervey served as Charlottetown’s deputy chief administrative officer (CAO) from January 2018 to January 2019 under CAO Peter Kelly. Messervey, along with other former deputies, raised concerns about the city’s administration and finances, leading to their dismissals.
Messervey’s whistleblower complaint in 2019 triggered an investigation conducted by third-party firm BDO Canada. Although no fraud was uncovered, the auditors acknowledged that certain transactions breached procurement and expenditure policies. The city council released a redacted version of the investigative report in 2023, with councillors later debating Messervey’s whistleblower status due to his employment status at the time of raising concerns.
Following his dismissal, Messervey pursued legal action against the city for underpaid severance, starting as a small claims action in 2021. Despite initial challenges due to missing the statutory deadline, Messervey was granted permission to re-file as a wrongful termination case. His new claim, seeking $1.16 million in damages, alleges unfair and oppressive conduct by the city, including failure to address his whistleblower complaints.
Messervey’s case, now represented by legal counsel, highlights issues of public trust in government and the treatment of whistleblowers. The city, through its law firm Cox & Palmer, has denied the allegations of wrongdoing, citing performance issues and communication challenges on Messervey’s part. The legal battle continues, with no trial dates set as of now.
Moreover, Messervey’s situation is not unique, as another former city official, Charlottetown’s former fire chief Tim Mamye, has also filed a lawsuit against the city for wrongful dismissal and defamation. This ongoing legal saga underscores the complexities surrounding employee rights and accountability within municipal administrations.
