File Photo (Image Credit: CFJC Today)

By James Peters

Kamloops Council

Kamloops mayor questions closed meeting, warns councillors before recusing himself

Jun 20, 2023 | 9:40 AM

KAMLOOPS — UPDATE: This story has been updated here.

EARLIER: Kamloops council went into a closed meeting Tuesday morning (June 20), but not before Mayor Reid Hamer-Jackson raised questions as to whether councillors were putting their own careers in jeopardy.

The holding of a closed meeting must be approved in an open council meeting. Because Tuesday’s closed meeting was called on short notice, the approval took place immediately prior to the closed meeting.

This particular closed meeting was called to discuss “litigation or potential litigation affecting the municipality” and “the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.”

During discussion of the agenda, Hamer-Jackson asked about the procedure of calling for a closed meeting.

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Deputy Mayor Mike O’Reilly, sitting in the chair’s position, said Hamer-Jackson was notified in advance that the topic of the closed meeting would put the mayor in a conflict of interest.

“I believe you were advised twice in writing and once verbally that you would be in conflict of interest in the matter that has been called for,” said O’Reilly. “Under the Community Charter, the deputy mayor has the opportunity to call a special closed meeting, without a seconder, if the mayor is not able to participate in the closed meeting.”

O’Reilly called the closed meeting shortly after it was revealed that Hamer-Jackson is suing Councillor Katie Neustaeter for defamation. Hamer-Jackson has said he is personally funding his own legal costs. Council has yet to discuss whether city taxpayers will be on the hook for Neustaeter’s legal costs, though that is likely a subject of Tuesday’s closed meeting.

Hamer-Jackson went on to recite passages of the Community Charter relating to councillors’ participation in legal matters.

“Personal liability, defamation, malice, wilful misconduct, dishonest behaviour is a personal issue. It’s something you have to defend yourself,” said Hamer-Jackson. “A council member who votes for a bylaw or resolution authorizing the expenditure, investment or other use of moneys contrary to the… Local Government Act is personally liable to the municipality for the amount.”

“In addition to any other penalty to which the person may be liable,” he continued, “a council member who is liable to the municipality… is disqualified from holding office.”

After being assured council and staff were aware of that section of the Community Charter, Hamer-Jackson recused himself from the meeting and left council chambers. Neustaeter also recused herself and departed. The meeting was then closed to the public.