Notice of Motion For Council to Deliberate Sanction#4 Tomorrow
Notice of Motion For Council to Deliberate Sanction#4 Tomorrow
There are a number of things in tomorrow’s Agenda Packet including the following -
A presentation by Selena McLean-Moore, Director of Economic Development for the Southeast Alberta Economic Opportunity Strategy, Implementation Framework and Action Plan. Representatives from Deloitte will be in attendance.
A Public Hearing for rezoning - Planning and Development Presentation
There is the usual Council business but the deliberation of Sanction #4 is of particular interest.
Sanction List
1. publication of a letter of reprimand and request for an apology;
2. suspension of Clark’s presiding duties under section 154 of the Municipal
Government Act, RSA 2000, c M-26 (MGA);
3. Clark will no longer be the official spokesperson for Council;
4. a prohibition against Clark entering the Administration area of City Hall and outside of Council meeting will not have any direct contact with City staff other than the City Manager, which would only be via email, copied to all Council, and if the City Manager agrees to meet Clark in person, the meeting must be in the presence of another member of Council;
5. Clark is no longer to attend meetings of the Administration Committee; and
6. a reduction in Clark’s salary by 50%.
Mayor Clark didn’t agree with the sanctions but she did abide by them. Clark told the MH Owl in an interview that she didn’t even try to go into the areas she was banned from until after the Judicial Review Decision came down. She then tried to enter to discover that she was still locked out.
It has been 5 months since that decision and nothing has changed. It was not until that fact became public knowledge that someone even attempted to remedy that.
The following Notice of Motion was introduced by Councillor Shila Sharps at the Jan 6 Council meeting. What is interesting is that Sharps has resisted providing a Notice of Motion before, most notably at the March 4 2024 Council meeting when she wanted to bring a motion forward to create an Agenda Committee instead of “waiting two weeks just to wait two weeks”. Normally they have a Notice of Motion so the appropriate wording can be drafted ahead of time. Councillor Cassi Hider actually seconded the motion before she even knew what was in the motion. Because Sharps had forgotten to bring the correct laptop, they had to draft the motion on the fly.
(Hmmm, maybe the municipal inspection has something to do with Sharps doing things in the proper maanner? McGrogan has started filing Notices of Motion too.)
Notice of Motion – Councillor Sharps
Initially brought forward on January 6, 2025
In the ruling on August 26, 2024, Justice Nation struck down the sanctions imposed by the council, specifically sanctions 2, 3, and 6. While sanction 1 was upheld, section 4 was referred back to the council for reconsideration.
As it has now been five months without this issue appearing on the agenda, I will be putting forth a motion for the council to prioritize this matter by placing it on the closed agenda for immediate deliberation.
We frequently request that administration perform various functions and reconsider decisions, and when these actions are delayed, our community becomes frustrated with our inaction. I know that there was no ill intention, but it has gotten away from us
While we may not all agree with the code of conduct or Justice Nation's decision, it is our responsibility to address this matter. I hope to receive a second for this motion, and I trust the council will recognize the urgency of bringing this issue back for discussion.”
Councillor Sharps did not include Sanction #5 which was also struck down by Justice Nation
It’s Been Five months Since Justice Nation’s Decision
Since then our Council has done exactly two things about it; F—k All and Nothing. I find it fascinating how Council members are looking to redeem themselves in this election year. Councillor Sharps was the councillor who filed the Code of Conduct complaint after the August 21 2023 Shitshow Showdown which started this whole shameful process. The Shitshow continued with the most severe sanctions imposed on our mayor 7 months later. Given that our Council members include people who should be knowledgable about proportionality such as
mothers
educators
a school principal
a Crown prosecutor
a former police chief,
myself and many others were shocked at the draconian measures they imposed. Council would not even put a clock on the sanctions; it seemed they were awaiting the Mayor’s apology.
Here’s what Justice Nation said about the sanctions
When I review the extent of the sanctions, particularly 2, 3, 5, 6 and portions of 4, I find that they are overwhelmingly disproportionate to the breach of the Code and no reasonable municipal council would have taken that decision.
Once again - no reasonable municipal council would have taken that position.
Here’s what Justice Nation said about sending the sanctions back to Council to be reworked.
Remitting the matter back in this case would mean sending the issue of sanctions for the conduct back to Council, whose members appear to have no sense of proportionality in crafting sanctions and have imposed sanctions that have no rational connection with the breach of the Code. In fact, it appears at first blush that Council went down the Sanctions that may be imposed as enumerated in 17.4 of the Code and ticked a box for each sanction (a) through (g).
Again - “…Council whose members appear to have no sense of proportionality in crafting sanctions and have imposed sanctions that have no rational connection with the breach of the Code.”
The judge did not trust our Council to make a proper decision on the sanctions. The only one that Justice Nation sent back to Council was Sanction #4 as Council knows the physical layout of City Hall, the judge does not. Instead of dealing with it immediately, Council publicly pouted in a puerile attempt to make Mayor Clark look like the bad guy.
Even after the apology was made in open Council, which the City Manager accepted less than graciously (but not without demanding more to a chorus of boos from the spectators), nothing changed.
TMSOC (The Mutinous Seven Of Council) took 8- 1/2 minutes at a Special Council Meeting to impose the sanctions. TMSOC can take another 8-1/2 minutes to show the residents of this fair city the same humility they demanded from the Mayor and remove this final sanction which has now been in place for 10 months.
I’ve always said I can respect anybody who admires they f—ked up and apologizes. In this case, Council has doubled down far too many times. I think even if they apologized right now, many residents would say
Too Little, Too Late
Council has proven they cannot be trusted to make good decisions. The best they can hope for before this election is to not embarrass themselves, and by extension the City, any more.
It is now 17 months after the Shitshow Showdown.
It is time for the 8 Council members to put this BS to rest and get back to work; it is time for them to stop pouting. Let’s face it, Clark’s lawyer wiped the floor with Council in the Judicial Review. Council has lost in both the Court of King’s Bench and in the Court of Public Opinion. They spent thousands of public dollars to do so while Clark used her own money to fight the unjust sanctions. It is time for the 8 Council Members to show the public that they are capable of putting aside their differences to work and play well with others without pouting.
Councillor Sharps said
“While we may not all agree with the code of conduct or Justice Nation's decision...”
Council doesn’t have to agree with the judges’ decision but they must abide by it. Mayor Clark didn’t agree with the sanctions but she abided by them until the Judicial Review Decision was handed down. I’m willing to bet if Justice Nation knew how long the Council would drag their heels for, she would’ve put a clock on it.
The Residents of Medicine Hat deserve an apology From The 8 councillors
for how badly they handled this,
for the loss of national reputation for our fair city
for the thousands of dollars spent on lawyers because they made piss poor decisions.