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Mayor Linnsie Clark was sanctioned by council in March. Eli J. Ridder/CHAT News

Medicine Hat mayor ‘pleased’ judge restored powers, says lessons learned

Aug 26, 2024 | 8:41 PM

Mayor Linnsie Clark says she is “very pleased” her powers and salary were restored after a Calgary judge on Monday reversed most of the sanctions placed on her by Medicine Hat’s city council earlier this year.

“I am very pleased that our Superior Court restored my powers, duties and salary — finding that these sanctions were overwhelmingly disproportionate to the public questions I raised during our Aug. 21, 2023, meeting,” Clark said in a statement.

“I also want to express my sincere gratitude to all of my supporters through this process,” she added.

READ: Clark’s salary restored, most sanctions lifted

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 City Manager Ann 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 conduct bylaw during a tense exchange at a public council meeting in August 2023.

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.

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.

Clark revealed she will seek assistance from the court to cover her legal costs in the statement released late on Monday.

She did not confirm if she would abide by council’s sanction to issue an apology to Mitchell.

It was Clark’s refusal to apologize to Mitchell in the days after the August 2023 meeting that led council to place the limits Justice Nation found to be “disproportionate and unreasonable” on her in March.

Councillors have repeatedly said that if Clark had apologized to Mitchell, there would be no need for the code of conduct complaint filed by Coun. Shila Sharps, a resulting investigation and a series of sanctions — a cascade of events that pushed council into a leadership crisis.

“I believe that all parties involved, including myself, have learned valuable lessons from this experience,” Clark said.

For example, in June, council voted unanimously to direct administration to establish an integrity commissioner that would deal with code of conduct complaints and provide members of council with advice in relation to code of conduct compliance,” she added.

“This as a huge step in the right direction.”

Clark also encouraged the Alberta government to establish an independent municipal integrity and ethics commissioner, a desire that has been echoed by other members of council and political observers.