Former Vernon council candidate suing city over fast swimmers using the slow lane - InfoNews

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Former Vernon council candidate suing city over fast swimmers using the slow lane

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August 21, 2019 - 1:00 PM

VERNON - A former Vernon council candidate is suing the mayor and the City for more than $15,000 because they failed to act when fast swimmers swam in the slow lane at the city's pool.

Terry Vulcano is asking for $15,864 in compensation alleging that his complaints about fast swimmers using the slow lane at the Vernon pool were not addressed. The claim also includes $708 for gas, as Vulcano states he had to move to Calgary so he can "swim in the designated slow lanes without interference."

Vulcano filed the claim against the City of Vernon, Vernon Mayor Victor Cumming, former mayor Akbal Mund and chief administrative officer Will Pearce, at the Vernon courthouse Aug. 9.

According to the statement of claim, his issue goes beyond the pool to the administration's, and ultimately council's, "breach of duty" to address the issue.

The court documents say slow swimmers "caught" in the fast lane are promptly ejected, but when fast swimmers use the slow lane they are not dealt with.

Vulcano says he needs to swim as part of his rehabilitation and knee therapy.

Whereas fast swimmers complete a lap in 20 to 30 seconds, "slow swimmers, like myself, take 70 to 90 seconds to do a lap (of the pool) so end up being inconvenienced multiple times each lap by fast swimmers," says the document.

Vulcano says he complained about the situation using comments cards at the rec centre but the administration did not address his complaints.

"It is a breach of duty in inviting the (paying) public to fill out the card and then not address the issue," the court documents say.

"Management has been hypocritical in addressing this concern, which has gotten worse with time, as fast swimmers recognize they will not be penalized for swimming and interfering with others in the slow lane."

The court documents say slow swimmers have been intimidated and left the pool because of the issue.

According to the documents, the complaint progressed all the way to top city management, but Vulcano was told he was the only one complaining. Vulcano says this does not justify his "right to a decent swim be violated."

He also disputes he was the only one to complain about the issue and that elected officials refused to address the issue.

"Those having uncaring callous indifference should be held accountable," the documents say.

Vulcano is claiming $5,000 per year for the aggravation dating from 2014 to 2018, plus $708 for gas in his move to Calgary. He states he is not claiming for the 2015 to 2016 season as he did not use the pool because of the dangers in the lobby due to construction work.

Along with the cash, Vulcano also wants slow swimmers to be "respected and treated properly."

He also states he is claiming 40 cents per kilometre and not the 54 cent standard as he has an older vehicle.

In 2018 Vulcano ran an unsuccessful campaign running for Vernon council, coming in 18th place out of 20 candidates with 879 votes.

None of the allegations have been proven in court.

This story was corrected at 8:20 a.m. Thursday, Aug. 22, 2019. An earlier version of this story incorrectly said 'breath of duty' and not 'breach of duty.' 


To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

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News from © InfoTel News Ltd, 2019
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