RQM agrees to pay former councillor’s legal fees

·3 min read

The new Region of Queens Municipality (RQM) council has agreed to pay $1,765 to former councillor Susan MacLeod, for personal legal fees she chalked up in 2019. However, taxpayers are not being told why she incurred the expense.

The decision to pay MacLeod’s legal fees was announced in council on November 10, following an in-camera meeting at which the issue was discussed.

When asked about the motion concerning the repayment, which was read by councillor Ralph Gidney, RQM’s new mayor Darlene Norman commented that a municipal policy “ensures that appointed officials are protected in cases of civic or criminal action as a result of his or her performance of their duties.

“Councillors are treated as a staff member in legal matters, and because it was an in-camera item, our comments are basically what that motion stated.”

RQM’s policy number 21.03, to which the mayor referred, states at length: “The mayor and every councillor of the Region of Queens Municipality and their heirs and legal representatives of such person, in the absence of any dishonesty on the part of such person, shall be indemnified by the Region of Queens Municipality against, and it shall be the duty of the council, out of the funds of the Region of Queens Municipality, to pay all costs, losses and expense, including any amount paid to settle an action or claim to satisfy a judgment that such mayor or councillor may incur or become liable to pay in respect of any claim made against such person in any civil, criminal or administrative action or proceeding to which such person is made a party by reason of being a mayor or councillor of the Region of Queens Municipality whether the Region of Queens Municipality is a claimant or party to such action or proceeding or otherwise.”

However, Norman would not explain to what legal issue the expense related, nor is the expense listed in the former councillor’s list of expenses posted on the municipality’s website, along with other council members’ expenses. The mayor declined to comment any further on the issue. “In-camera items have to remain in-camera and, as such, it remains so,” she said.

However, while the purpose of the meeting was indicated on the agenda as a “personnel matter,” under Nova Scotia’s Municipal Government Act (MGA) councillors are not employees of the municipality and employees cannot be councillors.

“Councillors are elected officials and not considered to be ‘personnel’ or staff of the municipality,” Krista Higdon, a spokesperson for the provincial Department of Municipal Affairs, said in an email. “Council must determine whether it is appropriate to go into a closed session (in camera) based on the requirements in section 22 of the Municipal Government Act,” she added.

Nonetheless, Heather Cook, RQM’s communications coordinator, maintained that, from the municipality’s perspective, all councillors are considered to be employees.

“Council members are on the municipal payroll and are considered employees of the municipality, and discussion of the item was subject to being held in-camera,” she said in an email.

When it was suggested that taxpayers might be curious as to why the council is footing the legal bill of a former councillor, Mayor Norman noted, “it is a matter of past council.” She reiterated, “it was respecting, according to our policy, a matter in relation to that person’s duties or role as a councillor and that follows the policy.”

Kevin McBain, Local Journalism Initiative Reporter, LighthouseNOW Progress Bulletin