Councilwoman Immune from Defamation Lawsuit Over Remarks Made During Public Meeting by Christopher P. Gerber, Esquire and Eric M. Brown, Esquire
In June 2009, attorneys for Siana, Bellwoar & McAndrew, LLP successfully defended a Borough a Councilwoman who allegedly made defamatory remarks about the Borough Council President during public meetings. In Kolbush v. Borough of McAdoo, et al., former Borough Council President, Brian Kolbush, claimed that Councilwoman, Clair Preputnick, referred to him repeatedly as “Mr. Dictator”, publicly told him to “go have another beer,” that he was “nothing but a drunk,” and that he should be stopped by police if he drove off in his truck.
The Court sustained the Siana Firm’s preliminary objections filed on behalf of the Borough and Ms. Preputnick on grounds of absolute and governmental immunity. Of note, the Court based its decision, in large part, upon the Pennsylvania Supreme Court’s holding in Lindner v. Mollan, 677 A.2d 1194 (Pa. 1994), wherein Andrew J. Bellwoar, Esquire, a partner with Siana, Bellwoar & McAndrew, LLP, successfully defended a Borough Mayor who accused the chairman of borough council's finance committee of “dipping into the till” and called him a “village idiot” during a public meeting. The Supreme Court in that case made it clear that the doctrine of absolute privilege for high public officials is unlimited and exempts them from all civil suits for damages arising out of false defamatory statements and even from statements or actions motivated by malice, provided the statements are made in the course of the official's duties or powers and within the scope of his authority.