Ferguson says he asked David Gould, the former President of the outside workers union and then Pension Board trustee about the high expense of disability. Ferguson told the jury Gould explained when workers who were on sick leave and approaching retirement, they were boarded. He asked if it was illegal and Gould told him it was but compared it to drinking and driving but people do it everyday.
Ferguson also testified Common Council didn't know what to do about the pension plan's deficit in 2005 and it was always suggested taxpayers would have to pay but he did not have confidence in senior city staff who were on the Pension Board because of the conflict of interest and their own admission of not being experts on pensions.
Ferguson revealed he got legal advice from lawyer Arthur Doyle, who specialises in securities, and also heard from the President of the Saint John Construction Association Pat Darrah.
It was after what they told him that Ferguson made the statement about there being damning evidence of gross negligence which he still stands buy. He also stands by his claim the Pension Board walked away from recovering money through the misapplication of disability and Common Council simply didn't have enough information.
