Medicine Hat Mayor Linnsie Clark on Thursday said she's open-minded about a provincial inspection into Medicine Hat. Eli J. Ridder/CHAT News

By Eli J. Ridder

EXCLUSIVE

Medicine Hat mayor opened-minded about Alberta inspection, won’t confirm apology

Aug 29, 2024 | 1:32 PM

Mayor Linnsie Clark said Thursday she is open-minded about a proposed provincial inspection of Medicine Hat but added that she doesn’t want such a major decision to be driven by emotions in the aftermath of a court ruling that reversed sanctions placed on her by council.

“I’m definitely going in with an open mind, I am not completely opposed to something like that,” Clark told CHAT News in her first interview since a Calgary judge agreed with council’s finding that the mayor breached its code of conduct but ruled the limits placed on her were disproportionate.

“I would like to better understand from the divisions what are the potential risks involved in this? Because I think when the province comes in and investigates there’s a whole gamut of things that we need to be considering, whether it’s best for the community,” she added.

“This is a really big decision. And we always hope that these types of large decisions are driven not by emotion, so hopefully everyone goes in with with that in mind, and we have a good discussion about it.”

A petition by residents that gained thousands of signatures in fall 2023 and a letter signed by a few dozen earlier this year called for a municipal inspection, a tool the Alberta government is able to ensure a municipality is acting appropriately and legally.

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Those petitions did not find any traction. Until it was later revealed that municipal affairs minister Ric McIver met with council for a mediation attempt in July, it was believed the Alberta government was avoiding an intervention in Medicine Hat.

WATCH: One-on-one interview with Mayor Clark

A municipal inspection in Alberta is an investigation ordered by the municipal affairs minister that may look at any issues or concerns within the municipality to ensure council and administration are acting appropriately and in accordance with provincial legislation, according to the Municipal Government Act.

An inspection may be ordered in response to a request by a city council, a petition from residents or serious issues brought to the minister’s attention, according to an overview from the province.

READ: McGrogan says municipal inspection could find generational issues

The entire process can take between six and 18 months. The inspector may review the municipality’s council meetings, bylaws, finances, and other documents. In addition, the inspector may interview anyone they feel is necessary.

McGrogan later on Thursday said the inspection could help council find any gaps in the way city hall operates and address generational issues that may have led to procedural missteps and misalignments between Medicine Hat’s elected representatives and staff.

Apology not confirmed

Mayor Clark said she wanted to speak to council before confirming whether she will apologize to the city’s top employee.

The only sanction of six placed on the mayor by council on March 1 that Justice Rosemary Nation kept fully intact was the requirement that Clark give an apology for failing to treat City Manager Ann Mitchell with courtesy, dignity and respect during a public exchange in August 2023.

The reversal of the other sanctions are not contingent on Clark’s apology, she told anchor Dan Reynish in Thursday’s interview.

Clark did not confirm if she would be following through on the first sanction and making an apology.

“That is not something that I think I should discuss with you before I discuss with council,” Clark said.

Councillors recently revealed there were multiple mediation attempts with Clark since the Aug. 21, 2023, meeting when Clark asked several questions critical of process followed for a reorganization of city hall carried out by city manager Mitchell.

“I do have a different characterization of some of those meetings they’re talking about,” Clark said.

“That’s also something that I would like to talk to council with, because it appears there’s a bit of a misunderstanding there.”

After Coun. Shila Sharps asked Clark to apologize following the August 2023 meeting and the mayor refused, saying she felt threatened, Sharps filed a code of conduct complaint.

Council hired a third party — Kingsgate Legal — to carry out an investigation of the incident and a report was produced that there was “sufficient evidence” Clark committed misconduct.

Councillors used the report as a basis for finding her guilty of breaking the code and stripped Clark of her ability to chair meetings, speak on behalf of council and other mayoral responsiblities. She also had half her salary taken away.

Clark filed for a judicial review shortly after the sanctions were imposed and a hearing took place on Aug. 13. Justice Nation reserved her decision that day and said a ruling would come out by Sept. 30.

When the decision was revealed Monday, it was quicker than most expected, including Clark, who said she was having a coffee with a friend when the ruling was released to the lawyers.

“It was a big surprise to get it, I’m glad that we were able to get it sooner than the end of September,” she said.

When asked if she celebrated the ruling, Clark said she was “pleased”, echoing her initial statement from Monday.

She added the next council meeting — also the first of the fall — is a change for a fresh start.

“In the grand scheme of things, we still have a lot of work to do,” Clark said.

“Sept. 3 is our first meeting after this and I hope that sets us off on the right foot again.”

Staff contact sanction

While four of the six sanctions were reversed and the apology requirement was left standing in Justice Nation’s ruling, council has been charged by the court to sort out the sanction that dealt with direct staff contact.

Mayor Clark was prohibited by council from entering the administration area of city hall and banned from direct contact with city staff other than the city manager.

She was limited to emailing Mitchell or having another councillor present if she met with Mitchell, so that they would not be alone together.

Nation found the administration area — located on the same floor as the mayor’s office — “disproportionate” and “unreasonably restricts” Clark who, as part of her mayor duties, needs to carry out city business.

Nation ordered council “to reconsider the appropriate restriction that reasonably protects the city manager but does not restrict Clark from performing her duties as mayor.”

Clark was not yet aware of council’s plans as of Thursday for the working out the staff restriction, saying they could decide to strike the sanction in its entirety or come up with a new sanction.

“It’s in their hands, and I trust that they’ll take to heart what Justice Nation said when they’re reconsidering.”

— with files from Dan Reynish