City Manager Monitoring FOIP Requests; New Restricted Areas at City Hall
June 9 2024 Local resident Nicole Frey sent me a copy of an e-mail that was included with her FOIP (Freedom of Information and Protection of Privacy) request. She thought I would want to know. The e-mail dated Sept 8 2023 was from City Clerk Larry Randle and was sent to Dennis Egert (Managing Director Corporate Services) who was Acting City Manager at that time. It was regarding FOIP requests and the fact that they received an extensive FOIP request from Frey. It then went onto tell the Acting City Manager that
“As well, apparently Kelly Allard and company also came in to pick up a FOIP application.”
This is very concerning to me.
1 We had not filed anything. We could not even pick up a FOIP application as they had no paper copies. (In fact we did not file a FOIP request until April 13 2024, seven months later.)
Still, the Acting City Manager was notified. Just the mere fact that we were there asking about it seemed to be of interest.
That is disturbing.
2 FOIP requests are something that is legislated, something they MUST do. It is a regular part of doing business.
Even IF it is reasonable to be kept informed about the number of FOIP requests, why does City Manager Ann Mitchell need to know the names? That seems like an invasion of privacy.
Does the City Manager’s office keep a list of FOIP requests?
What else is being reported back to the City Manager?
3 My name and purpose should have been redacted from the document before it was sent to Ms Frey. That information was redacted in another copy of that document. It was then sent to 2 other people in the organization. Here are all of the people who were ultimately informed that “Kelly Allard and company” were there to pick up a FOIP application.
City Clerk Larry Randle
Acting City Manager Dennis Egert (and by extension City Manager Ann Mitchell)
City Solicitor Ben Bullock
Managing Director of Energy, Land and Environment Rochelle Pancoast
I had questions
June 11 2024 I sent an e-mail to City Clerk Larry Randle and received an auto-reply, he was not expected back until July 8. Since the people he named to contact in his stead were not party to the Sept 8 document, I decided to contact Dennis Egert. I also had questions about the security measures at City Hall.
I sent the e-mail from my Community TV e-mail account. (At the time I did not know that Dennis Egert was Acting City Manager. Nothing in the document I received noted that he was Acting City Manager.)
email exchange
June 11 2024 From Community TV / The Trash Panda To Dennis Egert
Greetings;
I received this from Nicole Frey.
I have questions.
I came in with Thomas Fougere last September, we asked about how to file a FOIP. We did not pick up an application as the City does not have paper applications available. We did not even file a FOIP until April 2024, 7 months after.
FOIP Questions
Question Did you request that the City Clerk inform the Managing Director of Corporate Services when Tom and I came in for information about FOIP applications?
Question Did anybody else ask the City Clerk to do so?
Question Who else was notified of our inquiry?
Question Are you (or another department) always notified when someone inquires about FOIP applications?
Question Did you request that the City Clerk inform the Managing Director of Corporate Services when someone files a FOIP application?
Question Did anybody else ask the City Clerk to do so?
Question If so, what information is provided and to whom?
Question If not, why was Ms Frey's application singled out?
Re New Security Measures at City Hall
I was at City Hall this morning and spoke with a couple of security guards. One of them told me that the Helen Beny Gibson Lounge is off limits because of construction.
Question What construction is being done in regards to the lounge?
Question If there is no construction, then why is it blocked off from the public?
I was also told that even though there are no signs, that the 2nd floor balcony is off limits. I saw no sign of any construction.
Question Why is that balcony off limits?
Thank you, Kelly
June 11 2024 From Dennis Egert to Community TV / The Trash Panda
Kelly – thank you for the email.
With the notable increase in FOIP requests for 2023, City Clerk sends courtesy updates to City Manager for monitoring purposes. For context, I was designated as acting City Manager that week and for clarity I do not get these emails in my role as MD Corporate Services unless it relates to information in my division.
Also thank you for your questions regarding general access to City Hall. You are correct that access will be limited while construction of the security measures in City Hall are completed by the end of the year. For your information, here is the press release related to the construction period which contains more information media release.
We will ensure that all members of the public will still have access and be able to do their business at City Hall. I appreciate your understanding during this time.
Thanks, Dennis
June 14 2024 From Community TV / The Trash Panda To Dennis Egert
Thank you for your reply. I do understand you were the Acting City Manager that week.
In regards to that document sent to me by Ms Frey - neither Thomas Fougere nor I had not yet made any FOIP application; we had merely ASKED about how to do one. I find that a serious indiscretion, reminiscent of a 1984 "thinkcrime".
Re the new security measures and construction, your answer is not satisfactory. If a section is closed off due to "construction" then staff members would never be permitted in an active construction zone. That would be an OH&S safety violation.
You have still not explained what construction is occurring for the Helen Beny Gibson Lounge.
Thank you,
Kelly
Jun 14 2024 From Dennis Egert to Community TV / The Trash Panda
Kelly –
The construction in City Hall will ensure we have adequate delineation between public space and staff space (including doors and barriers) and you will notice these items introduced over the next several months similar to glass on second floor Planning and Development desk. Until these measures (i.e. ensuring clear delineation have been installed at various locations in City Hall) are complete, we have instituted restricted access to the entire building. As mentioned below, you will still be able to conduct business in City Hall during this time. The construction will be performed by professionals in a safe manner and in compliance with all standards (including OH&S).
Although there is not construction in the HBG Lounge, this area is part of the restricted access during this time. Once the construction is complete (target by end of year), it is our intention to lift the restricted access to City Hall. I do appreciate your patience and understanding while these measures are being installed.
Kind regards,
Dennis
Analysis
I understand the importance of keeping employees safe. The security doors are likely long overdue.
I understand the importance of keeping the public out of construction areas.
I do not understand closing off public areas that are not under construction for such a lengthy time - Mr Egert told me it would be the end of the year. That is an additional 6 months of blocking off the public areas.
We already have heat domes in our country setting heat records. City Hall can offer relief from the heat but not if we have to leave immediately offer conducting our business.
The Helen Beny Gisbon Lounge is a lovely space with a beautiful view of the river. It is not under construction but has been designated as “Restricted” . However, the City is hosting a public event there on June 21, 2024.
For those who do not know who Helen Beny Gisbon was, here are selected excerpts from the archives.
”Helen Beny Gibson led a diverse and active life leaving a legacy of public service as a politician, community volunteer, organizer, mother, grandmother, artist and noted Canadian.”
”Helen was first elected to public office in 1954, as a member of the Medicine Hat Separate School Board. In 1957, at the invitation of Mayor Harry Veiner she ran for aldermanic office and was elected for seven consecutive terms until 1971 when she first retired. During these years she often took the role of being a nemesis to Harry Veiner, engaging him in many heated debates at the council table.
She served on many civic committees and represented the city throughout Canada, the United States and overseas. Although she was not the first woman alderman her endurance over three decades ensured that, Medicine Hat at least, was instep with the changes that were occurring, across the country.
In 1973 the same year that she was invested into the Order of Canada, she also joined a picket line at the post office opposing federal Bill 28 which was seen to be removing rights of native women in Canada.”
”The Helen Beny Gibson Lounge and gallery in city hall are dedicated in memory of her commitment to our city.”
I was at City Hall the other day to see what kind of security measures there were. They have even blocked off the Legislative Hallway where there is a beautiful brick mural of the legend of how Medicine Hat got its name. It is also where they hang the pictures of current and past councillors and mayors.
I took a video of the security guards telling me that I was not permitted to walk over to the sign telling me the Legislative Hallway was blocked off. (They were just doing their job, it is not their fault they were given such odd instructions.)
Here’s some pics of the “Restricted Areas”
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