History of the Power Shift From Medicine Hat City Council to City Manager - Most Was Given, the Last Was Taken
At the August 21 Shitshow Showdown we heard the quote
“This Was Exactly the Process That was Taken in the Past”
No. No it wasn't.
Background
At the Aug 21 Shitshow Showdown Mayor Linnsie Clark had an issue with City Manager (CM) Ann Mitchell bypassing bylaw 4662, the Administrative Organization Bylaw.
CM Mitchell had effectively seized a power assigned to the City Solicitor without the required authority being given by council. Mitchell also did a divisional realignment; again without the required authority. Not only did this violate Bylaw 4662, it also violated the Municipal Government Act (MGA), an act in which we would expect a CAO to be an expert in.
Mayor Clark asked questions of CM Mitchell about how it happened and like many residents who watched the recording was unsatisfied with the answers. Mitchell claimed ignorance of the bylaw. (Mitchell was hired 6 months previously; I find it astounding that she claims not to know the contents of the Administrative Organization Bylaw 4662, an 8 page document.)
Council was presented with a document to change the bylaw to legitimize the CM’s actions after the deeds were already done. Councillor Shila Sharps objected to the mayor’s questions saying that Council had already okayed this behind closed doors. (NB - a bylaw is not in effect until it has been passed at a public meeting.) Sharps insisted that the incumbent council members Darren Hirsch and Robert Dumanowski had said (they offered no objection when Sharps said this)
“This Was Exactly the Process That was Taken in the Past”
(Wrong)
When Mayor Clark asked CM Mitchell if she had consulted the legal team (a perfectly legitimate question, the legal team is actually in the same building), Mitchell replied
“I think this is highly inappropriate and I’d like to stop this discussion right now.”
the POWER SHIFT FROM COUNCIL TO CITY MANAGER began in 2015
Bylaw 4311 passed July 2015 started the power shift by giving then City Manager (CM) Merete Heggelund the power to hire and fire Commissioners (aka Managing Directors). Ted Clugston was the mayor at that time.
That power was previously only held by council.
It came with a divisional realignment that removed the position of COO of the Energy Division. (The title of COO appeared to be created for one person; it disappeared when they left but not before they collected over $2.8 million total for those 8 years. )
Bylaw 4662 passed in Apr 2021 gave then CM Bob Nicolay even more power. Council gave the CM the power to hire and fire the City Solicitor who in turn was given the power to hire and fire the City Clerk.
These powers were previously only held by council.
(City Manager Nicolay waited until the bylaw was officially passed in a public council meeting before doing a divisional realignment. A few months later, an RFP was issued for the contracting out of Invest Medicine Hat (IMH). The Conflict of Interest Clause was altered so that City employees would be able to bid on it. The change to the Conflict of Interest clause was clumsy, it was quite apparent it had not been reviewed by the Legal Department. Nicolay saw nothing in how the RFP was handled. Here’s a bit of background, published when Council directed CM Mitchell to start hiring people for IMH.)
Bylaw 4794 passed Aug 2023. Less than 2-1/2 years later CM Ann Mitchell has completed the power shift by seizing the final bit of power that was not previously under the purview of the City Manager.
Mitchell gave herself the power to hire and fire the City Clerk, Council then rubber-stamped her actions. Her choice for City Clerk was a person she worked with at her last position. (The person may be a fantastic choice but the optics are very bad on this.)
the power shift is Complete
the City Manager of Medicine Hat now holds absolute sway
over all her subordinates
All Shall Love Her and Despair!
(Apologies to JRR Tolkien)
The new Organizational Chart does not even include City Council. (pg 274 of Agenda Packet)
You don’t have to believe me about all of this. Here are the links.
Check Out
Part 5 Councils, Councillors and Council Committees
Division 9 Council Proceedings Requirements for Valid Action – Passing a Bylaw
Part 6 Municipal Organization and Administration
List of city of Medicine Hat
Administrative Organization Bylaws 1982 - 2023
Here is the Bylaw Search page.
(The City does not allow me to post usable hyperlinks for most of the following bylaws, I know not why.)
Aug 1994 Bylaw 2939
May 2008 Bylaw 3857
Jul 2015 Bylaw 4311
Apr 2021 Bylaw 4662
Aug 2023 Bylaw 4794
(No link to Bylaw 4794 yet, as of Sept 3 this new bylaw has yet to be published.
The draft can be found on page 279 of the August 21 City Council Agenda Packet.)
THE power shift is complete
when is the coronation?
#yxh #medicinehat #thetrashpanda #comtv #communityTV #yxhcitycouncil #annmitchell #mayorclark #mayorlinnsieclark #linnsieclark #medicinehatcitycouncil
