Mayor Linnsie Clark and councillors attend a regular meeting at city hall in April. Two sides of a judicial review of a reprimand of the mayor are claiming victory a day after the justice's decision essentially offered concessions to both.--NEWS FILE PHOTO
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Reaction is mixed and still coming in after an early verdict in a judicial dispute between Medicine Hat Mayor Linnsie Clark and her council.
In essence, King’s Bench Justice Rosemary Nation gave a partial win to both sides of the dispute.
She agreed with Clark that sanctions including a $68,000 pay cut were unreasonable punishment for challenging city manager Ann Mitchell for 10 minutes in a council meeting last year.
But, in a decision released to the media late Monday, she also found council came to a reasonable conclusion that the mayor breached Medicine Hat’s council code of conduct bylaw.
That evening, Clark released a statement thanking supporters and claiming victory, while current council members indicated their decision was upheld.
Clark’s supporters planned to rally at next Tuesday’s council meeting, while a former councillor says the landscape is still unsettled.
“I am very pleased that our Superior Court (King’s Bench) restored my powers, duties and salary,” wrote Clark. “(The decision found) these sanctions were overwhelmingly disproportionate to the public questions I raised during our August 21, 2023 council meeting.
“I believe that all parties involved, including myself, have learned valuable lessons from this experience.”
She cites unanimous support for the creation of a local integrity commissioner and reiterated her personal support for the provincial government to create an office of Municipal Integrity and Ethics Commissioner.
“This as a huge step in the right direction,” Clark said.
Coun. Darren Hirsch told the News on Tuesday he “wasn’t entirely surprised” by the decision, and felt the sanctions may seem steep in isolation, but not when larger issues are considered.
“They were meant to convey a level of seriousness that council views a multitude of issues,” said Hirsch. “It’s two times now that the mayor has been found to have breached the code of conduct. I think this (ball) is in the mayor’s court.”
“This drama has fatigued the community and council, but I’m certainly willing to roll up my sleeves to do the work the community expects.”
Council is required to only consider the content of specific incidents outlined in formal complaints, like the one filed by Coun. Shila Sharps following the Aug. 21, 2023 meeting of council.
Since this month’s hearing, councillors have outlined growing frustration over the term with Clark’s leadership and operating style.
The judicial review, requested by Clark and held on an expedited basis, was tasked with determining two legal points.
They were whether Clark was afforded fair treatment in the city process that came to a correct conclusion, and whether the sanctions placed on her were reasonable.
Nation determined that Clark was afforded fair process and council came to a reasonable conclusion that she breached the code by failing to treat Mitchell with respect.
However, on the second point, most of the sanctions against her were deemed unreasonable considering the contravention.
As such, Nation quashed sanctions that prevented the mayor from chairing council meetings, attending administrative committee meetings, or acting as an official spokesperson, and she retroactively restored her salary, which had been halved.
She also directed council to revisit a sanction that Clark not enter staff areas and only engage with Mitchell via email.
Nation upheld a council-issued letter of reprimand that includes a request for an apology.
Clark has said she will seek court approval for the city to cover her legal costs.
Former city councillor Phil Turnbull has said he is not running in the next city election in 2025, but also wonders who actually will considering limits placed on the mayoral position, and the disruption that’s left the community largely at a loss.
“I guess you have to be in the room, but this has cost this city three years – everything has been on the back burner because of this,” he said Tuesday. “I doubt this will get smoothed out by the next election.”
Catherine Mackenzie started a petition to support Clark last spring and is asking others to attend next week’s “significant” council meeting.
“I think it’s a great decision,” she said. “I think the other councillors have had their hands slapped hard enough that that it’s Clark back in charge going forward.”
