Kingsgate Report Transcript of Exchange at August 21 2023 Shitshow Showdown
Information Taken from the Kingsgate Report
🔹Investigation Scope and Process
The scope of this investigation is limited to assessing whether the Respondent’s decision to obtain a personal legal opinion on the corporate reorganization and/or the Respondent’s exchange with the City Manager during the August 21, 2023 Council meeting breached the Code.
Additional concerns regarding the Respondent’s conduct were determined to be without merit or beyond the scope of this investigation.
The Complainant and the Respondent were interviewed for this investigation. As the August 21, 2023 Council meeting was available on YouTube, there was no need to interview witnesses. (Pg 5)
On the same day, by reply email, the investigator (redacted) that the focus of the investigation was on “the actual events that transpired at the August 21st Council meeting, specifically, your questioning of the City Manager and the presentation of the legal opinion in open session.”
TRANSCRIPT OF EXCHANGE DURING AUGUST 21, 2023 COUNCIL MEETING
đźŽShitshow Showdown Cast
🟨Complainant – Councillor Shila Sharps
🟦Respondent – Mayor Linnsie Clark
🟥City Manager – Ann Mitchell
🔸Other council members and unidentified voice
Below is a transcript prepared by the investigator of the exchange that took place during the discussion of agenda item 11.3 City of Medicine Hat – Divisional Realignment.
The following discussion occurred between time marks 1:52:38 and 2:03:44:
🟦Respondent: I have several questions. This reorg already happened, and people have already lost their job, why are you bringing it to Council now?
🟥City Manager: There was a conversation with Council on July 4th so Council was aware of this, if the process happened out of order that was my issue.
🟦Respondent: When did the reorg start? So, the City Clerk moved to report directly to you, when did that happen?
🟥City Manager: I’d have to go back for that with regards to a memo went to Council on July 19th then Council was discussed about the reorg on July 4th and then the actual reorg itself happened on July 10th.
🟦Respondent: Ok, so the financial report that came through Audit Committee on April 4th, 2023, does say there that the City Clerk was reporting to you at that time, it actually says as of December 31st, 2022, which of course was not the case, so approximately 5 months ago, does that sound about right?
🟥City Manager: I’d have to check that.
🟦Respondent: Ok. So, my concern obviously is that this is a Council decision, and it says in our AO Bylaw that Council shall determine by resolution the departments and business units and energy and infrastructure division, all of the divisions and, in addition, the departments and business units reporting directly to the City Manager. And our Procedure Bylaw outlines that the City Clerk is appointed by the City Solicitor and the appointment is revoked by the City Solicitor so that’s a significant period of time where you had done things that were not consistent with our Bylaws. So, I’m just wondering how that happened?
🟥City Manager: That happened because I missed a process and if anything, that’s my fault. I did advise Council and Council was aware of what was happening. This AO Bylaw also says there should be 5 divisions and that hasn’t been the case for quite some time so that was missed previously as well too. Not excusing me, just saying it got missed before.
🟦Respondent: Yeah, I mean presumably you consulted the AO Bylaw before you did a reorganization, I’m just wondering how Council wasn’t, didn’t have the opportunity to follow the Bylaw.
🟥City Manager: Council was informed.
🟦Respondent: It has to be a resolution, is what, Section 6 says, Council shall by resolution. And I understand that I, we’ve discussed this, and I think your position was that Section 6 shouldn’t be in our Bylaw but I’m wondering if you considered the consequences of making these changes without having proper authority.
🟥City Manager: I have, and we have discussed it.
🟦Respondent: What are those consequences?
🟥City Manager: The consequences are that Council was advised and that this is how it happened previously under other City Managers as well.
🟦Respondent: It isn’t.
🟥City Manager: I’m not saying it’s right, but it did.
🟦Respondent: It didn’t so, when the City Solicitor was moved under the City Manager at that time, Council made that decision on December 19th, actually they made that decision on August 19th, 2019, and then an AO Bylaw was brought forward and then the next reorg., same thing, a briefing note came forward to get authority to do the reorg. and then the AO Bylaw was amended. So, regardless of even how it even happened before, I’m just wondering how it is, like, what structurally you said you consulted ELT and all of that, I know Managing Director Eggert (sic) was here during that period, Managing Director Panko (sic), City Solicitor Bullock, what got missed? Like how did that get missed?
🟥City Manager: The process got missed from me and it wasn’t until after we made the decision about it that I was advised that I had to go through and change this AO Bylaw, which I wasn’t aware of. No excuses on anybody but me though.
🟦Respondent: I mean, I did bring it up with you several times but.
🟥City Manager: I believe that was after the fact.
🟨Complainant: Excuse me, point of order, I think this is starting to be an inquisition versus Council asking Administration question so, you know, I don’t know exactly all the Roberts Rules of Orders but with all due respect, we’ve already talked about this, we talked about it at our strategic meeting on Monday, I believe Councillor Hirsch and Councillor Dumanowski both corrected us and let us know that this is exactly the process that was taken in the past. So, we all moved forward. I am not happy that this is happening the way it is, and I will ask for a recess if this continues.
🟦Respondent: Ok, well, I do honestly find it quite disappointing that no one else really cares about the exercise of a Council power. I did, because what I was being told didn’t seem consistent with the MGA or the Bylaw, I did personally get a legal opinion from Guy Giorno and he is with Fasken and he is the head of their Government Ethics Department and there are consequences. I’ll just read the conclusion:
“A decision made without authority is a nullity. So too is a decision made contrary to the provisions of the governing bylaw. In our opinion, the following aspects of the reorganization are null or in other words void and have no effect:
• Changes to the names, number and structure of the divisions that have been fixed by the Bylaw.
• Changing the reporting relationship of the City Clerk, which has been set by the Bylaw.
• Reassignment of departments and business units to the Divisions without the approval of Council.
• Reassignment of departments and business units reporting directly to the City Manager without the approval of Council.
The changes described in the first and second bullets may, if Council so desires, be implemented by enacting a bylaw that amends Bylaw No. 4662. The reassignment described in the third and fourth bullets may, if City Council so desires, be implemented by Council resolution.
We note that those aspects of the reorganization that did not usurp Council’s authority or contravene the Bylaw were valid and continue to have effect.”
🟦Respondent: So, one of the concerns of course is that I feel that my role wasn’t respected as an elected official, but the other problem is that all of the decisions that were made were null and void. So, they have no effect. Which those are the consequences I’m wondering if you thought you had discussed with ELT.
🟥City Manager: I think this is highly inappropriate and I would like to stop this discussion right now.
🔸Councillor Robins: Mayor Clark, there was a point of order from Councillor Sharps that was never ruled upon. We should have a ruling on that.
🟦Respondent: I didn’t ask any more questions.
🟨Complainant: No, you’re right, you’re going on a diatribe. So, I have a point of order in and if you choose not to respond to it, I will just ask for a recess and ask for a seconder.
🔸Councillor Hider: I’ll second that, Shila.
🟦Respondent: So, what is the, so the point of order is that I just stop talking about this?
🟨Complainant: With all due respect, this has already been talked about and I don’t believe anybody around the table is actually in agreement with you. So, we had a strategic meeting, and you did bring this up and I’ll be honest, I was under the impression that when City Manager came to us weeks ago, that was giving us the thumbs up, I have no intention of getting into her weeds. I have got my own business to run. We are not Administration. I can apply for a job if that’s what I want to do. Not applying, not getting involved. She did come to us, she gave us the “hey, this is what I’m doing, what do you guys think?” and we’re like “yeah, go for it”. So, you know what, to me that was done. We shouldn’t have to discount each other’s credibility when we’re around this table and the question was asked, and we answered it. You might not have agreed, it does not change the answer.
🟦Respondent: But, now it is before Council and we’re being asked to approve something.
🟨Complainant: I don’t feel like you are, so ok I would, I’m not sure City Clerk if you could advise me here, I would like to go straight to vote, because this isn’t a question period, this is a diatribe and I’m actually, probably more offended than you are, so don’t worry. (added by Kelly - Sharps was looking at the CM when she said this)
🔸Councillor McGrogan: Should we put the motion on the floor?
🔸[Unidentified Speaker]: That would be really nice.
🟦Respondent: Is the motion that I just stop talking about this?
🔸Councillor McGrogan: No, the motion is that I move that Council approves the divisional realignment as presented.
🟨Complainant: Second.
🔸[Unidentified Speaker]: We could vote by show of hands.
🟦Respondent: And that passes. The next item on the agenda is Bylaw 4794 to amend the Administrative Organization Bylaw.
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