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RDEK board supports Taft in insurance coverage bid
The Regional District of East Kootenay (RDEK) board of directors August 3 unanimously voted to send a letter to the Municipal Insurance Association of BC (MIABC) supporting District of Invermere Mayor and board Director Gerry Taft’s ‘Neutral Coverage Evaluation’ application for liability insurance coverage, regarding a recent defamation suit.
In a request for decision letter to the board, RDEK chief administrative officer Shawn Tomlin stated, “Director Taft has requested that the board send a letter of support for his application to the Neutral Coverage Evaluation process requesting that the MIABC extend liability insurance coverage to him in the Kazakoff v. Taft defamation lawsuit. In order to extend coverage, the MIABC will have to be satisfied that Director Taft was acting in his function as Mayor in making the defamatory comments, and that he was not acting with malice.”
In his request for decision letter to the board, Tomlin noted: “Given that each director will have to individually evaluate whether they believe Director Taft was acting within the functions of his office, it would not be appropriate to make a recommendation.” In most requests for decision, senior administrative staff members usually provide options and a recommendation of an option.
He also told the board “Director Taft has received a recent legal opinion in review of the Weatherill decision, which suggests that he “arguably had a duty or interest as the mayor of a neighbouring community, also involved in the deer cull controversy, to ventilate his views for the reciprocal benefit of voters and other readers of the story and related posts,” and that suggests that the “findings of express malice on the part of the defendant is not sustainable.”
“This case could be a potential precedent for B.C. local government elected officials to be held personally responsible for public comments in relation to relevant local government issues, based on the evaluation of whether they were acting outside of the functions of their office,” Tomlin told the board in his report.
Because of conflict of interest, Taft excused himself from the discussion and vote, which was unanimous in support, with no directors commenting on the matter.
– Ian Cobb/e-KNOW
