The exchange that spurred an investigation into Medicine Hat Mayor Linnsie Clark

However, Clark felt the restructuring was done without following the proper process outlined in a city bylaw and pressed Mitchell about it, leading to a terse back-and-forth between the mayor and city manager.

“This re-org already happened and people have already lost their job[s], why are you bringing it to council now?” Clark asked at the August meeting.

“There was a conversation with council on July 4, so council was aware of this,” Mitchell responded.

“If the process happened out-of-order, that was my issue,” she added.

WATCH: Clark stripped of her powers, half her salary

Clark went on to ask when the reorganization got underway and, as part of the restructuring, when the city clerk started reporting directly to Mitchell as opposed to the mayor.

Mitchell responded that council discussed the reorganization on July 4, with the full restructuring coming into play on July 10.

As for when the reporting structure for the city clerk changed, Mitchell said would need to “go back for that.”

Mayor Clark said in response that a financial report from an April 2023 audit committee meeting showed the clerk reported to the city manager as of Dec. 31, 2022, before Mitchell started.

But the biggest concern was that the city manger was making decisions that should require a vote from council, not just consultation.

“My concern, obviously, is that this is a council decision,” Clark said.

“It says in our [administrative organization] bylaw that council shall determine by resolution…all of the divisions reporting directly to the city manager. And our procedure bylaw outlines that the city clerk is appointed by the city solicitor and the appointment is revoked by the city solicitor,” she said.

“That’s a significant period of time where you had done things that were not consistent with our bylaws, so I’m just wondering how that happened?”

Mitchell admitted a mistake.

“That happened because I missed a process and if anything, that’s on my fault. I did advise council and council was aware of what was happening.” she said in reply to Clark.

Clark pushed on, asking why there wasn’t more oversight on the restructuring from council as per the city’s administrative organization bylaw.

“Council was informed,” Mitchell said.

Clark was unimpressed with her answer.

“It has to be a resolution,” Clark said, pointing to section six of the administration bylaw that states there needs to be a council decision involved with shuffling departments around.

“We’ve discussed this, and I think your position was that section six shouldn’t be in our bylaw,” she added.

“I’m wondering if you considered the consequences of making these changes without having proper authority?”

Mitchell, apparently believing the issue had already been resolved behind closed doors, said she had considered the consequences and that she had discussed it.

“What are those consequences?” Clark asked in response.

Mitchell said her approach was the status quo.

“The consequences are is that council was advised and this is how it happened previously under other city managers as well,” Mitchell said.

Medicine Hat City Manager Ann Mitchell said the process of reorganization was how it was done previously. (City of Medicine Hat)

“I’m not saying it’s right but it did.”

Clark disputed Mitchell’s statement, saying in the past council has approved organizational changes and continued to push her on processes that the city manager missed.

Mitchell said she was unaware of the administrative bylaw and again claimed responsibility for errors in the restructuring process.

As the mayor and city manager went back and forth, Coun. Shila Sharps interjected with a point of order.

“This is starting to be an inquisition,” Sharps said.

“With all due respect, we’ve already talked about this,” she said, adding that council heard earlier from returning councillors the process Mitchell took was “exactly the process that was taken in the past.”

Sharps said she would call for a recess if the exchange between Clark and Mitchell continued.

Clark said she got a third-party legal opinion from political lawyer Guy Giorno.

Giorno said decisions made in contravention of a bylaw are null and void in part of a statement Clark read at council.

“I feel my role wasn’t respected as an elected official. The other problem is that all of the decisions that were made were null and void, so they have no effect,” Clark said.

“Those are the consequences I’m wondering if you thought you had discussed?”

Mitchell immediately put an end to the mayor’s questioning.

“I think this is highly inappropriate and I’d like to stop this discussion right now,” Mitchell said.

With tension building, Sharps accused Clark of “going on a diatribe” and called for the vote on the organizational realignment to finally come forward.

Clark was the sole vote against.

by Eli J. Ridder | @EliRidder

The exchange that spurred an investigation into Medicine Hat Mayor Linnsie Clark

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