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Mayor Linnsie Clark expressed visible frustration with how her written request for information has been handled by council. Eli J. Ridder/CHAT News

Mayor says Medicine Hat council aims to ‘thwart’ public access to information

Oct 8, 2024 | 11:08 AM

Mayor Linnsie Clark expressed visible frustration with her Medicine Hat council colleagues on Monday over their handling of a request she made for a series of financial documents several months ago as staff revealed it would cost thousands to fulfill her ask.

“This council has spent more money thwarting public access to information than simply providing the information,” Clark said.

The mayor argued the cost of staff preparing two briefing notes presented at council and the city’s application to the Alberta privacy commissioner to disregard a resident’s request for the same information that Clark asked for was more expensive than just supplying the data to begin with.

Clark has requested the number of city employees paid or reimbursed for living expenses and the basic terms of all severance agreements over the last three years, a detailed accounting of money reallocated by city manager Ann Mitchell in 2023 and various other financial files.

Clark maintains she does not need consensus from council via a formal motion to make the request and can do so by nature of being the chief elected official at the city.

“As mayor, I’m entitled to the information pursuant to my legislative duties and obligations as a member of council pursuant to the Municipal Government Act,” Clark said Monday.

She added that any member of the public would also be entitled to all or most of the information through Alberta’s freedom and information law.

When Clark’s request — dated Feb. 20 — first appeared before public council on April 8, the meeting ran long and no discussion on the item took place. However, councillors asked the mayor to submit a document explaining the reasoning behind her ask by the next meeting.

The mayor only sent an explanation for her request to councillors’ inboxes just minutes before council’s April 22 gathering. Councillors voted unanimously to push back Clark’s item to the next regular meeting, against Clark’s wishes.

When her information request finally came before council on May 7, it sparked an intense debate over accountability and perception of city staff.

Council voted 5-3 in an apparent compromise to instruct staff to research the cost of finding the data the mayor wanted presented at a public meeting.

Staff reported on Monday that the price tag for fulfilling Clark’s request was $3,810.

That was calculated from an average hourly rate of $105.85 that takes into account there would be multiple people at different levels of staffing and leadership working through the inquires.

“It’s not an exact science for sure, but this is on average what we’d be looking at if we did have to take on this work,” said Karla Kochan, the city’s director of people services.

City staff checked in with nine other municipalities on their strategies when it comes to severance disclosure and expense claims.  Six of them disclose mayor and council expenses and one discloses the expenses of senior management.

Council received it for information but did not vote on moving ahead or cancelling the mayor’s request, leaving Clark’s ask in an apparent limbo that was not immediately clarified.

Clark has not responded to an interview request from CHAT News.

‘Harmful and hurtful accusations’

Mayor Clark made several of her comments during a pre-written address to members of council during Monday’s meeting.

Along with outlining her legal case to request the credit card expenses of managing directors and other information she asked for, she said councillors and administration told her the ask she made was “disrespectful and confidential”, the information was confidential and the research required was a waste of staff’s time.

Councillors levied several accusations against the mayor when council debated her request on May 6, according to Clark.

“It was met with opposition and harmful and hurtful accusations against me questioning my motivations, including that I was asking for this information for personal gain, and that I was sowing the seeds of doubt and distrust and making accusations by merely asking for the information,” Clark said.

After council sent staff to retrieve the cost of her inquiry, a Medicine Hat resident asked for the same information via a Freedom of Information and Protection of Privacy Act request.

The City of Medicine Hat — which it has done several times this year — asked the privacy commissioner’s office if it could ignore the resident’s FOIP request.

The commissioner denied the city’s submission and sided with the resident, according to Clark.

The fee estimate given to the resident by the city clerk’s office was $945, nearly $3,000 less than the cost presented by staff on Monday.

“The amount of work that went into preparing the two briefing notes in our package and the request to disregard likely exceed the cost of simply providing the information,” Clark said.

She argued council has put more effort into stopping the information from coming forward than carrying out her request.

“In my view, that is not consistent with our strategic plan or basic values of democracy and good governance,” she said, adding she still hopes to receive the six items included in her information request.