Council Has Been Spanked, Judicial Review Decision
Justice Nation removed most of the sanctions against Mayor Linnsie Clark.
Sanction 1 has been upheld as it is reasonable.
Sanction 4 was sent back to Council
The rest were NOT sent back to Council as the judge said
“... 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.”
City Council approved the following motion: Arising from such breach of the Code of Conduct, the following sanctions are imposed:
1 Publication of a letter of reprimand and request for apology, in the form read out by the Acting Mayor on behalf of Council;
2 Suspension of Mayor Clark’s presiding duties under section 154 of the Municipal Government Act;
3 Mayor Clark will no longer be the official spokesperson for Council;
4 Mayor Clark is prohibited from entering the Administration area of City Hall, and outside of Council meetings will not have any direct contact with City staff other than the City Manager, which will be on the following basis:
a) Mayor Clark may only communicate with the City Manager via email that must be copied to all of Council; and
b) If the City Manager agrees to meet with Mayor Clark in-person, such meeting must be in the presence of another member of Council.
5 Mayor Clark will no longer attend meetings of the Administration Committee;
6 Corresponding to the foregoing reductions in Mayor Clark’s duties, her salary will be reduced by 50% effective from the date of this motion.
LIES, EXCUSES & DESTRUCTIVE BEHAVIOR - Long Read of The Mayor's Juducial Review
Calgary Court of King’s Bench Justice Rosemary Nation heard from both sides during the one-day hearing about what she described as a two-and-a-half-minute exchange between the mayor and city manager nearly a year ago – the core of the legal arguments. And she was pointed in her questioning of the rational for council’s sanctions against the mayor.
Clark’s lawyer, Grant Stapon, described the actions taken against his client as “abhorrent,” arguing the Kingsgate report used to sanction the mayor is faulty and he repeatedly insinuating Mitchell was liar.