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Medicine Hat’s ex-chief administrator is suing the southeast Alberta city’s mayor for nearly a million dollars, claiming defamation.
Ann Mitchell, who was fired in early October, is also suing the City of Medicine Hat for wrongful dismissal following a pair of workplace complaints, according to statements of claim filed to the Calgary Court of King’s Bench.
Mitchell’s suit against Mayor Linnsie Clark seeks a combined $897,000 for defamation and contract interference, claiming the mayor damaged her reputation.
In the other file, Mitchell seeks $465,000 from the city for both pay in lieu of notice and aggravated damages.
Neither of the lawsuits have been tested in a court of law.
Both Clark and the City of Medicine Hat, via spokespeople, say they plan to file statements of defence in the new year disputing Mitchell’s allegations.
The two lawsuits come after conflict between Mitchell, Clark and the previous city council led to an “untenable working environment” over the past several years, according to a provincial audit released in July.
Division between the city manager and mayor surfaced publicly during a council meeting on Aug. 21, 2023, when Clark accused Mitchell of restructuring city hall without the proper authority.
After a third-party investigation into the way Clark treated Mitchell at the meeting found evidence the mayor broke code of conduct rules, council in March 2024 stripped Clark of many responsibilities and cut her salary in half.
Clark took the City of Medicine Hat to court and won back her powers and salary through a judicial review. However, a Calgary judge upheld council’s finding that Clark failed to treat Mitchell with “courtesy, dignity and respect.”
‘Authoritarian style’
In both lawsuits, Mitchell references an email Clark sent to the rest of councillors on Aug. 15, 2023, days before the dispute at council.
The City of Medicine Hat would not share the email in response to a CBC News access to information request, saying it was included in ongoing litigation.
According to Mitchell’s filings, in the email, Clark accuses Mitchell of misleading city council, disregarding bylaws and hiring her friend as a city clerk.
The lawsuits claim the mayor wrote that Mitchell usurped council’s authority, ruled the organization with fear, intended to create an “executive lounge,” and had an “authoritarian style.”
Mitchell claims the mayor’s statements were made “maliciously” and therefore are not protected by privilege.
Respectful workplace complaints
Mitchell was the subject of two respectful workplace complaints last summer, according to her lawsuits, and was placed on a temporary paid leave of absence in late July.
The city retained Chris Palfy of Veritas Solutions to carry out an investigation into those complaints, according to the statements of claim.
Mitchell claims that investigation was conducted in an “informational vacuum” and that Palfy was “apparently unaware of the toxic environment in which Ms. Mitchell was forced to work.”
Linnsie Clark was re-elected as mayor of Medicine Hat in October. (Kyle Bakx/CBC)
Mitchell adds the findings were “incorrect and incomplete” and disputes the “characterization of findings.”
She claims Clark had wanted to fire her since at least August 2023, and unfairly used the workplace complaints and the subsequent investigation as a way to do so.
“Ms. Clark, despite the dispute with Ms. Mitchell, refused to recuse herself from the Respectful Workplace Investigation, despite being in a conflict of interest,” the lawsuit against the mayor says.
Clark “achieved her goal” when the city manager was later fired, Mitchell alleges.
Mitchell is seeking $797,000 from Clark for interference with contractual relations and $100,000 for damage to reputation and defamation.
“The City of Medicine Hat wrongly relied on the findings of the investigator, and in doing so wrongfully dismissed Ms. Mitchell,” argues the lawsuit.
Mitchell is suing the City of Medicine Hat for $165,000 in damages for pay in lieu of notice and $300,000 in aggravated damages for the manner of her dismissal.