Mayor Linnsie Clark speaks during a council meeting in this April 2024 file photo. Clark and Sharps were voted down in an attempt to fast-track decisions on policy for council dealing with legal matters, but the issue will now go to the administrative and legislative committee for further analysis.--NEWS FILE PHOTO
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Council debated Monday the possibility of members hiring their own lawyers at the city’s expense if they face legal jeopardy from plaintiffs “internal or external” to city hall.
That comes as the councillor driving the discussion said members are facing the threat of legal action and she doesn’t want to be caught flat footed or appear to be in conflict, but the matter was referred to committee for action later this month.
“A member of the public has sent a letter stating there’s pending litigation, and I’ll let that individual speak (on that),” said Coun. Shila Sharps. “It involves roles as council and our one employee, and if that’s the case we can’t have that one employee authorizing your (defence to the) litigation.
That “one” employee of council, according to the city’s corporate flowchart of responsibilities, is city manager Ann Mitchell.
The potential plaintiff is Nicole Frey, who in a series of emails this spring that were carbon copied to the News, gave a deadline to council to settle her complaints that she’s been banned from communicating with the municipality.
Other media quoted the frequent city hall critic at length about the potential of a lawsuit. She did not reply to a message from the News seeking comment Tuesday.
On Monday, Sharps and Mayor Linnsie Clark were the only council members to vote in favour of Sharps’ motion to specifically direct that independent legal fees be added to a review of the council’s indemnification policy.
Others voted to let a city committee deal with the issue that was supposed to return to council early last year, but was delayed.
The two were also alone in arguing that a process be included for members of the public to register formal complaints against civic employees and administrators. That would provide a similar track, as staff or councillors have to report abusive behaviour from citizens, says Sharps. Clark argued that an extension to whistleblower policy might be needed to cover members of the public who do business or have issues with city hall.
Several councillors argued the province is about to revamp the entire municipal code of conduct system, and any local changes should wait.
On the legal fees issue, Coun. Andy McGrogan seconded Sharps’ motion, he said to allow debate, but sees the need for wider analysis on legal policy.
“The motion was too prescriptive. We want to this or that, but legal opinions might be something different,”said McGrogan, who chairs the administrative and legislative committee now tasked with the issue. “It’s got admin back on track.”
He also warned about reading too much into the argument.
“It’s not natural to go to an employee to get permission to get a lawyer,” he said. “It should be whether we’re indemnified or we’re not. So we want that to be more clear.”
Mitchell told council that, indeed, council’s 2023 indemnification request was “missed” in the city solicitor’s work plan. It is already scheduled to move to council’s administrative and legislative review committee later this month.
“We’re hoping to have a discussion on May 15 and move it along as fast as possible,” she said, stating the return to council could occur in the early summer.
Coun. Robert Dumanowski, another member of the committee, said it would figure out “what are the bookends on this,” referring to potential cap limits and requirements.
Coun. Alison Van Dyke also said that without parameters or approval process, councillors could spend large amounts seeking legal opinions, and a survey of current standards at other cities are needed.
“A general review would be beneficial,” she said.
Currently, council members can incur up to $1,000 in legal bills before further approval is required – a level that Coun. Darren Hirsch said is very low.
“I appreciate the position … and the question is who pays, what amount and what limit,” he said.
“Councillors want to feel protected and administrators want to guide the public purse. It’s screaming for a sub-committee look.”
