Community TV, city responds to FOIP czar decision

As the city of Medicine Hat inches closer to meeting the definition of vexatious in denying information requests, Community TV is pushing back on the municipality’s repetitious and frivolous actions.

“I’m scared to say, honestly, that I think people in authority actually lose the plot and continue down paths that are not only destructive to their own career but destructive to other people around them,” said Tom Fougere, Community TV publisher.

In the latest decision of four this year rejecting the city’s attempt to block information requests, Privacy Commissioner Diana McLeod made her office’s position clear.

“I have dismissed all of these applications on the basis that the (City of Medicine Hat) did not provide sufficient evidence to meet its burden,” wrote McLeod in her Aug. 27 decision. “These decisions should provide guidance to the (City of Medicine Hat) to ensure it has evidence to support its application before it considers bringing another one in the future.”

In response to a request for comment, the city stated it, “can confirm that the City of Medicine Hat respects the decision of the Office of Information and Privacy Commissioner and will oblige accordingly.”

Community TV submitted information requests relating to “living expenses” paid to city employees as well as accounting of budgeted funds reallocated by city manager Ann Mitchell, amongst other financial data. The organization also was seeking internal city communications involving Community TV.

The city claimed Community TV’s “Go FOIP yourself” campaign was an attempt to undermine the freedom of information process.

The city argued the news organization’s was attempting to undermine the process, stating, “it has been weaponized for a political interest but in such a way that has very little direct connection with the cause itself.”

McLeod rejected that argument.

Fougere also questioned how a single video posted on social media could even be considered a “campaign.” He added, “it seems like they are on their own campaign to embarrass themselves.”

In its submissions, Community TV argued the city’s actions were, “a concerted effort to undermine our legitimate pursuit of information and obstruct our efforts to serve the public interest.”

The news organization also submitted, “our request is not intended to harass or annoy the public body but rather to fulfill our duty as journalists to inform the public and hold our government accountable.”

McLeod accepted that submission in her decision, stating, “I accept that (Community TV) has made the access requests for a legitimate purpose, to participate in the democratic process.”

Community TV reporter Kelly Allard described the OIPC decision as one which the city should heed.

“I think they have been publicly spanked by OIPC,” said Allard. “Stop doing this, don’t do it again until you have a reasonable argument.”

Allard, a candidate during the 2021 municipal election, said she’s had her own issues with how the city processes information requests.

Following her own request for internal communications mentioning her, including during the election period, some of her personal information was released to a separate applicant but not herself.

“My name wasn’t redacted but should have been,” said Allard in relation to the FOIP document provided to Medicine Hat resident Nicole Frey and posted on social media but not provided to her.

As for the documents Allard did receive, she described them as staff, “basically gossiping about me.”

Allard, a candidate during the 2021 municipal election, questioned why administrative staff had any business tracking candidates’ campaigns.

“The city was watching the candidates during the election, seeing what we were saying on social media. And they were saying Kelly Allard has her own category. And I’m wondering what city administration, what do they need with the information? We haven’t even been elected. . .It was weird.”

The decision involving Community TV will be posted on the OIPC website in the coming days.