Editorial - Council Continues To Break Its Own Bylaws

The City of Medicine Hat’s position is a meeting which the public wasn’t informed of until after it occurred, was held virtually in a way the public couldn’t attend and a recording of which isn’t publicly available meets the criteria of an open meeting.

The Medicine Hat Owl position is such a claim regarding its July 28 special meeting is an affront to any interpretation of what an open meeting is.

It would be reasonable for this council to explain to the public there was an emergent situation that developed suddenly, immediate action was required and maybe not all the procedures were followed to the letter.

In today’s climate, there would be criticism of such a decision but such an explanation from council would be honest, transparent and provide for a minimum level of accountability.

But that’s a moot point as council’s position appears to be it followed the rules.

Council’s definition of the July 28 open portion of its meeting wouldn’t meet the standards of any local community board, not even one held by a tiddlywinks society.

The July 28 special council meeting is a demonstration that city hall is continuing to be operated in an irregular, improper and improvident manner.

At that special council meeting, there was an “open session,” according to the Council Highlights post by the City of Medicine Hat and released the day after the meeting.

That “open session” resulted in two resolutions: the suspension of city manager Ann Mitchell and to launch an investigation presumably of Mitchell.

Following that meeting, the Owl filed an access to information request for basic documentation including the location of the open meeting, its agenda and the correspondence required to hold a special meeting without 24-hour notice.

The Owl received the latter of the three requests which revealed the meeting was held virtually, there was one topic to be discussed regarding a personnel matter and the written correspondence meeting the requirement to have two-thirds of council agree to waive the 24-hour notice period.

A portion of that correspondence was redacted due to it being subject to “legal privilege, including solicitor-client privilege or parliamentary privilege.”            

Meeting minutes from the July 28 special council meeting indicating there was a 40-minute period between the opening of the meeting and it going into a closed session. The minutes also notes a vote that was carried unanimously prior to Coun. Ramona Robins leaving the meeting at 1 p.m. and taking place during the closed portion of the meeting prior to council voting to move the meeting back into open session at 1:19 pm.

But the minutes of the July 28 special council meeting presented and approved in August also revealed there was a 40-minute opening portion of the meeting which wasn’t part of a closed session. Also, there was a vote during the closed session which passed unanimously. But there is no indication of what the vote was, only that it took place prior to council moving into an “open” session and before Coun. Ramona Robins left.

The city’s procedure bylaw states:

4.48 Members must not make motions or vote in a Closed Meeting except on a motion to recess or to resume the public Meeting (sic).

According to the city’s procedure bylaw, open portions of both regular and special council meetings must be video recorded and are required to be posted publicly.

The Owl requested recordings of the open portions of the July 28 meeting citing the city’s own procedure bylaw.

That bylaw states:

6.14 Except for a Council Meeting or portion of a Council Meeting held in a Closed Meeting, all Regular and Special Meetings will be video recorded, and all video recordings will be made available to the public through the City’s website.

6.15 The City must retain the video recordings in accordance with the Records Management Policy 0156.

Getting no response, the Owl has filed another access to information request for information which the city’s own bylaw says the public is entitled to receive.

It should be noted in the municipal inspection report, council was called out on the practice of appearing to pass votes during closed sessions. The specific example cited was the city manager’s performance review from August 2024. That item is on Monday’s agenda to pass, more than a year after the item was discussed during a closed session at a meeting council initially said was canceled.

Members of this current council shouldn’t be allowed to run a charity bake sale if they aren’t able to follow the city’s own bylaws or, at the very least, give a minimum explanation of why they couldn’t.

This council’s actions should be seen for what they are, a total disconnect to the concept of accountability.

Editor’s note: During the Medicine Hat Owl’s Facebook Live Broadcast previewing this editorial, we highlighted Coun. Ramona Robins’ request to amend the minutes of the Aug. 18 council meeting to reflect she was present virtually. Robins has since clarified that amendment was to clarify she was present virtually during the time periods identified as such in the meeting minutes.