WALSH – The road that led to taxpayers footing Coun. Neustaeter’s legal bill

CITY OF KAMLOOPS CAO David Trawin stated on the record April 11 that the councillors’ grandstanding on March 17 was a private event held by the councillors as individuals.

He specifically declared at council’s May 2 public meeting that the city wasn’t liable for anything the councillors said.

Yet here we are, with the taxpayer on the hook again. We residents pay CAO Trawin almost a third of a million dollars a year to perform due diligence. What happened?

CAO Trawin and corporate officer Mazzotta asserted at council’s April 11 public meeting there was no record of the event except for whatever the media may have recorded because it wasn’t official City business.

The mayor was not going to get a chance to defend himself nor were the councillors ever going to have to explain their vague but damaging allegations because it didn’t officially happen.

Now, to help Coun. Neustaeter with her court costs, the March 17 non-event that didn’t happen seems to have been declared official. It’s too late. Contrary to the rules set out in the Community Charter there was no prior public announcement and there is no record of the statement at City Hall.

More importantly, Indemnification By-law No. 3-42, 2011 only provides “indemnification of its municipal officials against claims for damages and the costs incurred in a legal proceeding arising out of such claim pursuant to the performance of their duties and the conduct of municipal business.”

Even if the March 17 statement was retroactively declared official City business, I don’t believe the Community Charter includes smearing the mayor without proof as any councillor’s “duty.” In fact, the Charter requires a Code of Conduct from every city to prevent this very thing from happening.

Was the decision to pay Coun. Neustaeter’s court costs made behind closed doors by councillors who potentially could also be sued? Wouldn’t that be a conflict of interest?

According to the Indemnification bylaw, “the Corporate Officer shall make a determination as to whether the Municipal Official is entitled to indemnification.” If it was corporate officer Mazzotta’s call, why have a closed meeting when a motion wasn’t required?

Now, a precedent’s been set and the cost to taxpayers may be enormous. I predict a whole team of lawyers is going to make a lot of money.

This whole mess could have been avoided:

CAO David Trawin or CO Mazzotta should have insisted that the March 17 media event be treated as an official council activity.
The councillors could have left public denunciation of the mayor off their statement.
The City’s lawyer, whom CAO Trawin said he consulted, should have been more concerned with risk of litigation and City liability.
Coun. Neustaeter could have justified her public statement or apologized for it.
CAO Trawin should have allowed the statement to be discussed at a public council meeting (but wouldn’t since it didn’t officially happen).

These circumstances forced the mayor to resort to filing a legal claim.

And now, to defend Coun. Neustaeter, city taxpayers have to foot the bill.

Denis Walsh is a former three-term Kamloops City councillor. He chose not to run again in 2022, convinced that City councillors should step aside after a maximum of three terms to allow others to serve and to experience being on the “outside looking in.”