Medicine Hat launches new public code of conduct that aims to restore ‘civility’

The code aims to protect staff and council from incivility that rises to the level of harassment, verbal abuse, excessive communication and various other forms of what the policy identifies as “unreasonable behaviour”.

Its supporters say the policy reinforces a common-sense approach that most people who interact with the city follow. They add the policy is there for those who participate in bad-faith communications and cross lines.

However, Mayor Linnsie Clark, the only member of council who voted against approving the policy, said it would cause more harm than good and found it unnecessary.

“From my reading of this policy, it feels very aggressive and its breadth is, in my view, excessive,” Clark said.

She argued the city already has in place policies that address harassment, discrimination and many of the other items in the code.

The city is “scolding the public” with the policy, Clark added.

The mayor was also worried the policy did not have proper limitations and that it could be used inappropriately.

“It can be used in any of the circumstances outlined. There’s nothing saying only in the most extreme cases,” she said at council.

“As a public body who is serving the public and accountable to the public, not all but some things in this policy exceed what is a reasonable expectation.”

The public code passed by council Monday is separate from the provincially-mandated council code of conduct that was at the centre of a third-party investigation earlier this year.

For Sharps, the 32-page policy comes down to decency.

“It’s for everybody just to get back to being civil with each other,” Sharps told CHAT News.

“We can disagree, we do not have to agree, but we get way more done when we’re civil.”

The new code is nearly a year in the making.

Council in November 2023 asked staff to propose a policy that ensures a safe workplace by prohibiting violence, harassment and discrimination directed at city employees by members of the public, between employees or by an employee towards the public.

The request came after council received immense pressure from residents over skyrocketing electricity utility rates.

City employees have been subject to harassment and abuse several times over the past year, according to accounts heard at council.

In one case, a high-profile employee left the role after exchanges with three specific members of the public, according to a CHAT News source.

Medicine Hat’s director of people services Karla Kochan, who was presenting the policy proposal, said that — as an example — an “unhappy citizen”, who was paying a bill in the main lobby of city hall, was yelling for about 15 minutes.

Despite his behaviour, members of staff did not refuse the man service and instead helped him through the process.

Having the code will provide comfort to staff who find themselves in such as situation, Kochan said.

The new public code of conduct also bans “obsessive, persistent, or repetitive behavior (sic) or actions” and “frivolous or vexatious communications, complaints, requests, or inquiries.”

Nicole Frey, who last year was placed on a so-called “communications protocol” by city manager Ann Mitchell to limit her contact with city employees, said it’s important to protect employees from abuse but that the new code goes to far.

“This goes beyond that and gives the green light to administration to be aggressive in their application of it,” Frey said after watching council approve the new rules.

“Coun. Sharps assured the public that they would hear about it if admin was being aggressive with it but how do we trust that when I’m still on a comm protocol,” she added.

“Despite providing medical evidence why I needed to communicate over (email) and why I struggled to understand or required additional information, council and admin have ignored my repeated requests for a review of the restrictions they have me on.”

Requests Frey made to city staff were “accusatory and unconstructive” and replies from the city have been “subsequently shared in a peicemeal or incomplete manner” to support her criticisms of Medicine Hat, Mitchell wrote on Nov. 24 when placing her under the restrictions.

Frey has protested the limitations, calling them arbitrarily and criticizing the lack of an appeal process or policy to support the move.

One of the enforcement procedures in the policy includes varying levels of communication limitations.

Those include staff refusing to accept any ongoing complaints on a specific subject matter from and informing a member of the public that further contact on a topic will be ignored, among others.

Frey has sent dozens of emails to members of council and city employees this year.

She has also filled at least five freedom of information and privacy requests that the city refused to fulfill until the Alberta privacy commissioner’s office sided with Frey’s requests.

Resident Kaleb Orge said the new code will end up being used incorrectly.

“This policy is not going to help, it’s going to widen the divide between city staff and the public because it’s just another thing for city staff to hide behind,” Orge told CHAT News.

He is also worried for people like his nephew, who has autism and could be impacted by “obsessive, persistent, or repetitive behaviour or actions” that are banned under the code.

Orge stepped up the gallery podium used during moments when residents can directly address council but was informed by Clark there would no opportunity for him or others to speak.

The mayor suggested that council in the future allow for public input on such an item.

Sharps after the meeting said that, she too, would have supported public input but argued Clark could have created such an opportunity at any point in the last year as chair of council.

“I’m not sure why we heard that tonight, she could have brought up 11 months ago,” Sharps said.

“That’s a really good point, that’s her job as chair.”

Throughout council’s discussion on the code, councillors said the intent of the policy is not to unfairly punish those that come forward with questions, comments or concerns in good faith.

The policy leaves some interpretation open to the administrative staff that will decide whether actions like limiting a resident’s communications with the city is appropriate.

Coun. Ramona Robins said she trusted senior staff to make such calls.

“I do put faith in administration that interpretation is going to fall in favour of the public and not against the public when those situations arise,” Robins said.

She also hopes it sets up the next term of council to have a better experience than those who currently sit at the horseshoe.

“I wouldn’t wish any of the next nine sitting here to be dehumanized as this council has been.”

by Eli J. Ridder

Medicine Hat launches new public code of conduct that aims to restore ‘civility’

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