Two lawsuits filed by former city manager Ann Mitchell are seeking $897,000 for defamation and contract interference and $465,000 for wrongful dismissal from Mayor Linnsie Clark and the city, respectively.--NEWS FILE PHOTOS
zmason@medicinehatnews.com
Former city manager Ann Mitchell is suing Mayor Linnsie Clark and the City of Medicine Hat in two separate actions for a total of more than $1.3 million.
The filings attached to the lawsuits include a number of allegations about statements made by both Clark and Mitchell during their years-long dispute.
Neither lawsuit has been tested in court.
The statement of claim for Mitchell’s lawsuit against the city provides new insight into the grounds for her termination, which the statement alleges resulted from two Respectful Workplace complaints.
One complaint referred to the use of curse words by Mitchell in conversations with other staff about councillors. The second alleged that Mitchell abused her authority by urging an employee to retire.
According to the file, the first complaint included allegations that Mitchell referred to Mayor Linnsie Clark as a “cuck-a-loo,” followed by allegations that she used the F-word in reference to former Coun. Andy McGrogan and another that she called Coun. Shila Sharps a slang word for part of the female anatomy.
The file indicates that the first word is not a known swear word and that Mitchell denies the second incident. She does not deny the last allegation.
“It is possible Ms. Mitchell might have said [that] word, given the pressure she was under,” reads the statement of claim.
The statement argues that “in the context of the toxic environment in the City of Medicine Hat” and the “tremendous stress” Mitchell was under, cursing does not amount to cause for termination.
Investigations into the two complaints were led by Veritas Solutions and conducted by Chris Palfy, a former RCMP officer.
The file suggests Mitchell doubts Palfy’s qualifications as a workplace investigator, and that he was unaware of the “toxic environment in which Ms. Mitchell was forced to work.”
The lawsuit argues that these complaints were insufficient cause for termination, and instead reflected a prolonged effort by Clark to have Mitchell fired that began in August 2023.
The files also feature several statements made by Clark about Mitchell in an email to numerous recipients, including all eight councillors on Aug. 15.
In the message, the statement alleges Clark said Mitchell misled and disrespected city council, and that her actions usurped its authority.
Clark also allegedly said Mitchell had an authoritarian style, and wrote that “malignant leaders like dictators and cult leaders recognize the value of compartmentalizing and controlling information.”
“Employees form [sic] all levels have pointed out to me how she rules the organization with fear, fails to consult or inform, fails to follow through and is like a bull in a china shop.”
The lawsuit claims these statements are not protected by statutory or qualified privilege because they were made maliciously.
The public dispute between Clark and Mitchell, which sparked a years-long conflict, occurred at the following meeting of city council on Aug. 23, 2023.
According to a quote included in the file, Clark later told the inspector she felt Mitchell willfully contravened the administrative organizational bylaw when she restructured city hall without council permission.
“It wasn’t an accident,” said Clark.
The statement ultimately concludes that Clark advocated for Mitchell’s termination in conflict of interest and in retaliation for the ongoing dispute.
It also alleges that her manner of dismissal was designed to inflict as much reputational damage as possible to Mitchell.
Both the city and Clark dispute the claims outlined in these files.
The city told the News in December that it is preparing statements of defence in response to both lawsuits. An extension has been granted for the submission of those statements.
Mitchell has since been hired as chief administrative officer for Lac Ste. Anne County, west of Edmonton.
