Re: Publication Greenwood City Council printed on Oct. 2
Your article stated, “’Byron Goch asked for an interpretation of city bylaw #807, the City of Greenwood Indemnification Bylaw which reimburses officials against an award of damages or penalty imposed as a result of a claim or prosecution brought against them in connection with the performance of their duties.”
Correctly, I read part of point 11 of the bylaw, which says that, where a court makes a finding that a municipal official:
• acted outside their powers, or
• has been dishonest or grossly negligent, or
• has engaged in malicious or willful misconduct, or
• acted contrary to the terms and conditions of employment, or
• has acted contrary to an order given by a person in authority, or
• has been found to have libeled or slandered a person or persons, then
• the municipal official shall reimburse the city for all amounts incurred by it in the conduct of the defence of the municipal official and the city shall not be responsible for any judgment, award, or penalty imposed on the municipal official in the action or prosecution.
I read the first line and the last—then asking if the action does not go to court what will happen. I was then called to point of order.
I digress though in my estimate the council has been at legal variance with another councillor since February. I would estimate the Young and Andersons’ rate per hour to be $350 – $400 per hour and it does not take long to eat up 30 hours plus assessorial charges or about $10,000.
The point is that part 11 is clear if there is a court judgment.
If the other councillor is wrong, would they have to reimburse the city?
And the big question, the base of my concern: If they all agree to put this difference aside, will the councilors on a moral platform reimburse the city for their in-fighting or do we as taxpayers have to eat the cost through our taxes?
I do not think we elect council to use our money to fight.
Byron Goch, Greenwood