When are taxpayers responsible for lawsuit costs? [The Anniston Star, Ala.]
| By Laura Camper, The Anniston Star, Ala. | |
| McClatchy-Tribune Information Services |
There doesn't seem to be a clear answer.
Councilman
The lawsuit claims the councilmen are guilty of "constant and continual conduct of harassment, intimidation, defamation, negligence, recklessness, wantonness and malice" toward the officers and employees of the
The inquiry was approved by all five members of the council, but Mayor
The complaint additionally lists phone calls Little made to -- and his appearance on -- a local talk-show as instances of harassment. The complaint also lists an incident that led to Spain being charged with violating the law that regulates
Robinson, who has spent his own money battling lawsuits while in office, including one filed against him personally by Little, said he is staunchly opposed to the city paying the legal fees.
But Little noted the complaint filed against the councilmen included official actions taken during the
According to
"If a public official is being sued in his official capacity for something he or she did as a public official, then it's not improper for that public entity to pay their attorney's fees," Evans said. "If the councilman has been arrested for something, then obviously the public entity can't pay the attorney fees because that's a private matter."
Legal opinions
The
According to the opinions, several conditions have to be met: The action taken cannot involve intentionally hurting someone; it has to have been done honestly and in good faith; and cannot result in a criminal conviction. The city also needs to consider whether paying the legal fees is in the best interest of the governing body, because of risk of future litigation rising out of the lawsuit, the attorney general's opinions specify.
Little insists the city has a duty to defend him because he is being sued for actions he took in performing his duties.
"I'm just doing my duty," he said. "Elected officials say things all the time that other people may not like, that workers may not like."
The inquiry was an official action of the
Rutledge said the city has an obligation to provide defense because of the legislative immunity that the councilmen enjoy when performing their duties.
"I don't think that they have any choice but to defend their legislators against charges of bad conduct in the votes they cast," Rutledge said. "You can imagine if the
Rutledge argues that a legislator is not liable for anything he or she might say in that capacity. In the Alabama Open Meetings Act, legislators are granted immunity during open meetings, including the inquiry hearings.
"Members of a governmental body and any of its employees participating in a meeting conducted in conformance with this chapter shall have an absolute privilege and immunity from suit for any statement made during the meeting which relates to an action pending before the governmental body," the Act reads.
According to code, the city is not just allowed, it is required to provide defense, said
However, the complaints alleged in the lawsuit are a mixed bag of charges. Some are criminal for which Spain has already been arrested. Some don't fall under the immunity of the Alabama Open Meetings Act, because they happened outside a meeting. Roberts said the
Insurance option
The city has insurance that often covers legal fees and judgments in lawsuits involving the municipality, said
"Every lawsuit that comes through, we notify the
The insurance company must decide if the lawsuit is something it will cover. If not, the burden falls on the city to cover its legal fees. In a case where a councilman or two are being sued, if the insurance won't cover the defense, it's up to the
Hoyt said he doesn't know if it's appropriate for the city to pick up Little's legal fees. He added that the insurance company has already informed the city it will not cover the expenses.
But Rutledge said the council has the option of filing a declaratory judgment against the city's insurance company, asking the court to force the insurance company to pay the legal fees.
The council argued the issue at its meeting Tuesday, but declined to vote on it, leaving it up to Little and Spain to provide for their own defense beginning with a hearing on Monday.
Star staff writer
___
(c)2011 The Anniston Star (Anniston, Ala.)
Visit The Anniston Star (Anniston, Ala.) at www.annistonstar.com
Distributed by MCT Information Services
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