Kamloops taxpayers will pay the legal bills for Councillor Katie Neustaeter, who is being sued for defamation and libel by Mayor Reid Hamer-Jackson.
That is unless she wins in which case Hamer-Jackson, who has said he will be paying his own legal costs, will most likely be on the hook and not the taxpayer.
“Councillor Neustaeter is eligible for indemnification under the Community Charter in respect of the legal action that was recently commenced against her, and Council has confirmed by resolution that she will receive that indemnification,” a brief statement from City Councillors said Tuesday.
It is not clear if the vote to grant Neustaeter indemnification was unanimous. Both Neustaeter and Hamer-Jackson recused themselves from a special meeting of council this morning. It was called to discuss “litigation or potential litigation affecting the municipality” and “the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.”
“My understanding is that the person who decides to sue someone else that is not what is available to them,” Neustaeter told RadioNL when reached for comment following council’s decision.
“The bylaw was in place long before individuals who are elected right now were involved in the process so again this is just following the textbook and walking along the lines of the community charter and making sure that things are done right from here.”
Under the Community Charter, elected officials have indemnity from lawsuits, but what is different this time is that the lawsuit against Neustaeter comes from the Mayor.
The City of Kamloops also has a bylaw which outlines circumstances where taxpayers will pay the legal fees for an employee or councillor who is being sued for something they said or did in the course of their official duties.
Neustaeter told RadioNL last week that she “looks forward to defending herself” and that her lawyer will be filing a response to the lawsuit which was filed on Monday, June 12.
“The whole situation is very unfortunate but I am grateful that good process is built so that people are protected,” Neustaeter added Tuesday.
None of the allegations contained in the defamation and libel suit have been proven in court.