A Municipal District of Spirit River councillor is questioning sanctions that ban her from municipality properties and remove her monthly remuneration.

A motion from Reeve Tony Van Rootselaar that addressed Elaine Garrow’s “ongoing breach of the Council Code of Conduct and pattern of ongoing misconduct” was passed Jan. 15.

“I was never aware of an ongoing pattern of misconduct,” said Garrow, noting she’s been a councillor for 21 years.

She said she was never presented with a list of misconducts.

“I was dumbfounded and shocked by the comments from the chief administrative officer (CAO) and false allegations that were stated,” she said.

“I was unjustly accused and targeted.”

Garrow claims the most recent sanctions come from being associated with a Facebook group critical of the MD.

In an email to Town & Country News, Van Rootselaar said the sanctions are based on the results of an independent third-party report of Garrow’s actions during a wildfire in the MD on May 5, 2023.

Documents provided to the News from the MD of Spirit River CAO Dan Dibbelt outline a complaint from Central Peace Fire and Rescue Commission Fire Chief Brian Kroes and Captain Mike Wozny about their interaction with Garrow during the wildfire.

Because she is banned from council chambers, Garrow attends meetings electronically. 

The MD provides her with a laptop and compensation for an internet connection at a maximum of $150 per month and she receives a per diem allowance of $180.25 per council meeting. The monthly councillor renumeration of $1,030 has been revoked under the sanctions. 

The News reached out to Van Rootselaar and Dibbelt for an interview; Van Rootselaar responded in an email there would not be further comment as it is an ongoing legal matter. The News also sent questions to the reeve and CAO for clarifications, but no reply was received.

Garrow says her relationship with the MD has been “toxic” since 2023 and claims that there has been a failure to communicate with her about issues.

“I have been told that I am not entitled to the information by the deputy reeve and do not need to know what was stated in a public council meeting,” said Garrow.

She says the MD has tried to remove her as a councillor, but the Minister of Municipal Affairs, Ric McIver, has refused.

Municipal Affairs press secretary Kevin Lee confirmed to the News that the ministry received a request from the MD of Spirit River in January 2024 to investigate the conduct of Coun. Garrow.

The ministry said in an email that such a request was “uncommon” from a municipality.

In a statement to the News, Lee said, “In May 2024, the minister directed the ministry to conduct a preliminary review, which is an analysis of the underlying reasons for an inspection request and provides additional information to consider whether an inspection is warranted or if other tools may be appropriate.”

The review process includes interviews with municipal councillors and MD administration and a review of ministry and publicly available records.

“Following the preliminary review conducted by Municipal Affairs, issues were identified stemming from interpersonal relationships that could best be addressed through the municipality’s code of conduct bylaw or other administrative measures rather than through a formal inspection,” said Lee.

He added that the municipality was advised it could apply for grant funding to support a conflict resolution process under the Alberta Community Partnership grant program, but to date the MD has not submitted an application.

Lee deferred the News’ questions around public transparency back to the MD of Spirit River: How and if sanctions are monitored, is the municipality compelled to make ratepayers aware of Code of Conduct sanctions, how many councillors are currently under sanctions in Alberta, and how ratepayers could be assured Garrow has the tools to continue to perform the duties for which she was elected if she is banned from municipal properties.

Garrow said that even with the restrictions placed on her she tries to “make a difference,” creating motions and participating in council discussions.

She notes at the digital meeting, it can be hard to hear what is being said in the council chambers.

She claims she can’t speak to MD ratepayers because doing so would be a breach of the sanctions.

“Personally, it has been stressful and, because of the isolation, depressing as a widow; this was one of my main activities to be part of the community, and now I am restricted from that.”

The ban means that Garrow can no longer visit her mother’s burial site at the municipality’s cemetery.

“I’m forced to isolate. I never go anywhere without a witness; my witness usually has their phone on record. I don't go to any funerals, no weddings, or anything,” she said.

May 2023 wildfire 

Garrow said, “I've never been sanctioned before that fire ever.”

The first complaint came from Central Peace Fire and Rescue fire chief Kroes, saying that Garrow requested equipment to attend the fire scene without consultation or approval from the incident commander or any other authorized fire officer; requested untrained citizens and individuals attend the fire scene to assist with fire suppression; did not immediately evacuate the fire zone when requested; verbally harassed the fire officer, directed private contractors and individuals on firefighting operations within the fire zone without authorizationl; criticized the fire chief’s performance to members of the public; and unintentionally could have endangered the the public through her actions.

On June 8, 2023, a Code of Conduct panel held a hearing on Kroes's complaint.

The panel found that Garrow did order a private contractor to the scene, citing an invoice from Col Bren Transport for $1,963.50 for water truck services. Dibbelt also provided a report indicating that the company confirmed it was contracted by Garrow.

Garrow denies ordering the water truck and says it was requested by Lenore Mueller, Garrow's friend, who stated she was with Garrow when she ordered it. 

Staff members' written and verbal presentations indicated that “Coun. Garrow requested that the MD provide fuel for all the people/contractors who were helping put out the fire,” reads the code of conduct report from Dibbelt.

It also notes that Garrow did not ask staff members to get approval from the CAO or an authorized fire department representative.

Captain Wozny recounts the May 5 wildfire near TWP 772 and Range Road 54 in his May 10 letter. He says the conditions were smoky, power poles were on fire, and the fire was in the ditches on the north end of Range Road 55.

He stopped a vehicle heading towards the fire zone, the driver of which identified themselves as Garrow. He informed her the area was off-limits to the public as it was a working fire zone.

“Coun. Garrow then said she can go anywhere she wanted,” reads the letter.

“I mentioned that the RCMP were right behind us, and they can deal with this issue. Ms. Garrow then proceeded to leave, and stated some abusive language, then left.”

During the wildfire, fire chief Kroes says resources were arriving from all over; he was then told that Coun. Garrow had ordered them.

“As the Incident Commander of this incident, I had no idea who and what equipment was on scene, and (it) put me personally in a position of liability as well as the commission and the municipality.

“This practice needs to cease as it not only endangered the people and resources called in by her, but my crews and our mutual aid partners that were involved in the incident.”

Kroes' letter then recounts how an air tanker from Alberta Wildfire was delayed about 40 minutes “due to residents and unaccounted for resources and people trying to run the incident in the area of the tanker water drop run.”

He says that because of that, the air tanker could only drop one load of water as the aircraft needed to refuel, and it was needed at other fires in the province.

“This behaviour of self-deploying and then trying to run the scene as a public figure is unforgivable.

“​​I had reports that she was driving to the fire zone telling equipment where they should be attacking. This had the potential to cause fatalities.”

The panel unanimously agreed that Garrow violated the MD of Spirit River’s Councillor Code of Conduct Bylaw.

The closing comments of the panel read, “the panel is of the belief that Coun. Garrow was acting with the best intentions with respect to protecting the municipal district and its residents. Unfortunately, good intentions do not outweigh the requirements and responsibilities of adhering to legislated rules, regulations and guidelines. Involving oneself in a fire zone without specific authorization and training had the potential for severe negative consequences.”

On June 21, 2023, council moved to remove Garrow from all committees, saying she is not authorized to attend any meetings, events, or functions associated with the MD other than council meetings until Jan. 1, 2024, and if no apology were issued, the removal would last until the next general municipal election (October 2025).

Garrow supplied the News with a letter of apology addressed to the MD and Central Peace Fire and Rescue Commission staff and volunteers dated Dec. 27, 2023, which she says was never accepted by council.

On February 7, 2024, Garrow requested to be reinstated on council.

The other three council members voted to not reinstate Garrow to any committees or authorize her to attend any meetings, events or MD functions and that sanctions continue until the next general municipal election.

The meeting minutes then show that Coun. Garrow continued to participate in council meetings despite the motion.

Banning from MD properties

The MD did not respond to requests for clarification regarding Garrow’s most recent sanctions, which led to her being banned from all MD properties in January.

Garrow provided documents she believes relate to her most recent sanctions. One document outlines that Garrow is a member of a Facebook group that claims to be a factual page about events and situations on the MD of Spirit River.

Posts from a resident in the group claim her home burned down in the May 2023 fire, for which she blames the MD and ATCO; she also said she is banned from the MD.

Garrow says she believes she is being blamed for the page's content for simply being a member of the page.

The January Code of Conduct report provided by Garrow includes a statement from a security guard at the MD on Dec. 4, 2024, who said he had to remove the same resident from the council chambers when council was entering the in-camera session of its meeting, to which the resident allegedly refused.

Garrow believes the actions of residents like this are being blamed on her.

“Whenever there's questions from ratepayers, the blame is always put on me,” she said.

Still, she plans to be present at the meetings even if she attends virtually.

“Your fiduciary responsibility is to the ratepayers of the MD of Spirit River to be open and transparent all the time, and I have to bring that up all the time,” said Garrow.

“You don't crash and burn something because of your own personal opinion; you need to deal with it the value it has to the ratepayers and what they expect from you, and your expectations are not always going to be what they want, but you are bound by the municipal government act. You are bound by it. It is the law of the land.”