Mayor Linnsie Clark says she felt an expert who came in to speak to council was 'aggressive'. Eli J. Ridder/CHAT News

By Eli J. Ridder

EXCLUSIVE

If Medicine Hat’s mayor agreed to ‘covenant’, other conditions, sanctions would’ve been dropped

Aug 31, 2024 | 6:42 PM

If Medicine Hat’s mayor Linnsie Clark agreed to issue a public apology, sign an agreement with the city manager and various other recommendations from a municipal government expert — and council approved — the sanctions could have been dropped in the spring.

That’s according to Clark’s affidavit in the judicial review case seen by CHAT News that outlines a private meeting on May 29 that George Cuff, the expert, had with all of council. Several details were also confirmed by Cuff and a councillor.

Cuff on Saturday verified the meeting took place and that he wanted to address “the elephant in the room, which was the then major disagreement between the council and the mayor.”

Clark said she felt “ambushed” at the private council session, that followed a public meeting earlier that day.

Councillors and City Manager Ann Mitchell had no advance knowledge of Cuff’s recommendations, according to Clark’s affidavit, Cuff and a councillor.

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Cuff proposed what was essentially a trade-off: Clark agrees to follow a set of recommendations that includes a “covenant” with the city manager, an apology that would remain on the city website for 30 days and to “raise the bar” on what she expects of herself.

In return, council would endorse and accept the covenant between the mayor and city manager, drop the sanctions within 30 days and “raise the bar” on expectation from each other and allow the mayor time “to prove she can adjust her style [or] behaviour.”

For her part, Mitchell would be required to “deal with the mayor with respect” and expect change in Clark’s behaviour “but do not over-react if some slippage occurs.”

READ: Full Clark affidavit

Coun. Shila Sharps confirmed to CHAT News on Saturday that council would have signed on to the trade-off if Mayor Clark agreed to Cuff’s recommendations.

“We 100 per cent made that clear we would,” Sharps said.

Coun. Shila Sharps on Tuesday said she was happy the justice upheld council’s finding that Clark broke its code of conduct. Eli J. Ridder/CHAT News

“We have been trying to resolve this thing since day one.”

Seven councillors voted to strip Clark of her mayoral powers in March after finding she broke council’s code of conduct by failing to treat Mitchell with courtesy, dignity and respect.

READ: Medicine Hat’s council divide deeper than one-off act of misconduct

Council based its decision on a third-party report from a Kingsgate Legal investigator that found “sufficient evidence” the mayor broke the provincially-required conduct bylaw during a tense exchange at a public council meeting in August 2023.

Several city councillors have made it clear that if Clark decided to apologize for her treatment of Mitchell at any point since March 21, council would reverse the sanctions.

Clark refused other attempts at conflict resolution, including at a meeting in July with municipal affairs minister Ric McIver present.

Justice Rosemary Nation, of Calgary’s Court of King’s Bench, heard from lawyers representing both the mayor and city in a hearing as part of a judicial review Clark hoped would reverse council’s limits and 50 per cent salary cut.

In her ruling, Nation struck down four of six sanctions placed on Clark.

A letter of reprimand and a required apology from Clark was found to be “reasonable” by the judge, however, the mayor getting her powers back and her salary restored is not dependent on her giving the apology.

Nation asked council to review its decision to cut Clark off from direct contact with staff, writing it was disproportionate and unreasonably restricts Clark in her mayoral duties.

Cuff said no one had advance warning of his May 26 plans and that the recommendations for the mayor, council and Mitchell were not part of his original plan.

“Whoever was in the room that evening did not have any idea what I was going to present,” Cuff told CHAT News on Saturday.

George Cuff, an expert public sector advisor, addressed council publicly and privately on May 29.

“I presented two or three slides — PowerPoint overheads — and I indicated what I thought was necessary for them as a council, if they were interested in moving forward, that taking these steps would be steps in the right direction.”

Clark in her affidavit said she found Cuff’s approach was “aggressive”.

“It was a very uncomfortable and upsetting situation,” Clark wrote in her affidavit.

Clark told CHAT News in her first media interview since Nation’s ruling on Thursday that she would need to speak to council privately before confirming if she would give an apology or not.

Council next meets on Sept. 3.

On the agenda is several public hearings and an advance notice of motion from Coun. Andy McGrogan proposing that council asks the province for a municipal inspection.

Clark said on Thursday she is “open-minded” about an inspection and was looking forward to a discussion at council about it.

Tuesday’s council meeting will be the first since Nation’s ruling was issued and will kick off a fall session that will see Medicine Hat’s elected representatives consider the next two-year budget and chart a path forward amid an ongoing leadership crisis.