Medicine Hat councillor plans to request Alberta municipal inspection

McGrogan, one of the seven councillors who voted to place sanctions on Clark, said he will “look forward to council’s debate.”

He added the notice of motion — which acts as an advance warning ahead of a formal motion — was prepared earlier this week and before a Calgary justice agreed Clark broke council code of conduct but found council’s imposed sanctions were “unreasonable.”

McGrogan in the statement said he was “pleased the justice confirmed that the mayor did breach the council code of conduct and confirmed the validity that the sanction that the mayor apologize to the city manager for her disrespectful exchange in the open meeting of August 21, 2023.”

“I eagerly await the mayor’s apology and hope it will begin to recover the relationships injured as a result of the exchange and the events that led to the exchange in the first place,” McGrogan added.

READ: Mayor’s salary restored as most sanctions reversed in judge’s ruling

“It has always been my view that a sanction must be commensurate with misconduct, and I certainly understand that the Justice did her job and ruled as she did when looking at the singular exchange.”

Justice Rosemary Nation, who heard arguments from lawyers from the mayor and city in a hearing this month, said in an 11-page judicial review ruling she decided not to send the issue back to a council unable to match sanctions to the misconduct.

Councillors “appear to have no sense of proportionality in crafting sanctions and have imposed sanctions that have no rational connection with the breach of the code,” Nation wrote, adding it appeared council went down the list to tick off every box found in the code of conduct.

Nation, a justice of the Court of King’s Bench, decided to strike down four of the six sanctions imposed by council on Clark in March, calling them “disproportionate and unreasonable.”

McGrogan’s decision to propose a municipal inspection gives some insight into what councillors are feeling, political consultant Jim Groom told CHAT News.

“Just when it appeared to be coming to a resolution, it looks like it will continue to fester,” Groom said.

“This decision would not be unilateral by Coun. McGrogan. It demonstrates the level of frustration for councillors.”

Should McGrogan’s notice of motion come forward at the Sept. 3 public council meeting, it would be heard by council. A vote and decision could come during the Sept. 16 meeting.

Mayor Clark has yet to confirm if she will be making the apology required by the only sanction Justice Nation left unaltered and in place.

McGrogan’s full statement

Coun. Andy McGrogan’s full statement:

In relation to the decision by the justice regarding the judicial review I can say that I am pleased the justice confirmed that the mayor did breach the Council Code of Conduct and confirmed the validity that the sanction that the mayor apologize to the city manager for her disrespectful exchange in the open meeting of August 21, 2023.

I eagerly await the mayor’s apology and hope it will begin to recover the relationships injured as a result of the exchange and the events that led to the exchange in the first place.

It has always been my view that a sanction must be commensurate with misconduct, and I certainly understand that the Justice did her job and ruled as she did when looking at the singular exchange.

As it has been over a year since the mayor has had opportunity to apologize in order to more effectively serve our community and no attempts have been made, it is my intention to bring a notice of motion forward requesting the Alberta Government conduct a Municipal inspection of the Administration, the Mayor and Council and look forward to Council’s debate.

The notice was prepared earlier this week prior to the decision.

by Eli J. Ridder

Medicine Hat councillor plans to request Alberta municipal inspection

McGrogan’s full statement

Our Community