Councillors can choose to pay city back for legal fees to keep misconduct report secret: Nenshi
Calgary Mayor Naheed Nenshi says it's up to the respective city councillors as to whether they reimburse the city for legal fees to keep secret a report into misconduct allegations against them.
A 2014 investigation found substantiated complaints of disrespectful behaviour and discrimination or harassment in the workplace.
The city spent $82,780 contesting a 2016 privacy commissioner's ruling that ordered those documents be released.
They were made public this June — with the names of accused councillors and the whistleblowers redacted — after a freedom of information request was filed by CBC News. The city refused to answer how much was spent until another FOIP request was filed by CBC.
Nenshi said as someone who's been through a legal situation himself, it's important the city foots the bill to ensure councillors have access to proper legal support, but afterward they might want to pay that back.
"I've been through this myself. I think council did the right thing in putting that forward. That being said, I also think this case is a little bit different and I'll just remind folks that in my own case — and every councillor's able to do this — I endeavoured to pay the city back and did, in fact, pay the city back for those fees," he said.
Calgary spent approximately $299,728.59 in legal fees for Nenshi's defence in a defamation suit launched by homebuilder Cal Wenzel.
Most of the money used to pay back the city was raised by volunteers, with Nenshi contributing $16,910.
He said on this particular issue he's been arguing for the release of more information, and he said if the choice had been his — not the councillors involved — he would have provided it.
He also reiterated that it's important councillors are indemnified against legal action.
"It is really, really important to protect councillors against frivolous lawsuits. That is a direct affront to democracy if someone who has the ability to use the courts as a weapon to keep councillors quiet, that councillors have some protection against that," he said.
He said more portions of the documents may be released in the future.
With files from Scott Dippel.
