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Taxpayers could pick up tab for mayor's Twitter-blocking legal fees

Taxpayers could pick up tab for mayor's Twitter-blocking legal fees

The city won't be representing Ottawa Mayor Jim Watson in the lawsuit served on him this week by three people he blocked on Twitter, but taxpayers could still be on the hook for his legal bills if the suit goes ahead.

The suit was filed on Tuesday by three left-leaning political activists less than a week before the Oct. 22 municipal election.

The City of Ottawa is not named in the suit, and its legal department will not be participating in the legal case, according to an email from city clerk and solicitor Rick O'Connor.

That means the mayor will have to hire his own lawyer.

However, the indemnity policy for members of council allows for "damages and reasonable legal costs incurred in defending themselves in any legal matter brought against them in their capacity as members, arising out of the good faith discharged of their duties" to be reimbursed.

Reimbursement policy may apply

As Watson is being sued in his capacity as mayor, the reimbursement policy may apply, although it's not automatic and it may depend on the circumstances of the case.

According to O'Connor, the city "does not pay personal legal expenses for matters outside of a member of council's role."

Is tweeting part of a member of council's role? It could be argued that it is an important tool for communicating with constituents. And does the mayor's practice of blocking voters on Twitter constitute fulfilling his role in "good faith"?

The policy says it's up to the discretion of the city clerk and solicitor to decide how much, if any, costs are reimbursed.

Mayor says Twitter account 'personal'

The three applicants, who have challenged the mayor publicly on a number of issues including not attending certain debates in this election season, are suing Watson for blocking them on the social media platform. By blocking them, the mayor doesn't see what they tweet, and they cannot see what Watson tweets.

The applicants argue that not being allowed to see what the mayor is saying on Twitter not only conceals from them information that an elected official is providing, but also denies them the opportunity to engage in debate with the mayor, which they argue violates their freedom of political speech.

Watson does not back away from engaging in political discussions on Twitter.

Watson said in a statement that his Twitter account, @JimWatsonOttawa, is his "personal account." However, the mayor begins his tweeting each morning with his daily agenda and his feed is full of events he's attended in his official capacity. He often tweets information about the city.

Watson also said he has "the right not to be attacked and harassed by the same individuals on a regular basis." The applicants argue they have not attacked his personal integrity, just his politics.

If the case moves ahead, the first hearing is scheduled for Jan. 31, 2019.