Caddo Commissioner Chris Kracman has been sued for defamation. See column below "Attorney Hired by Caddo Parish Sues Caddo Commissioner for Defamation."
The question now is what assistance, if any, will the Parish of Caddo provide to Commissioner Kracman.
Caddo Parish ordinance Section 2-48 is titled "Indemnification of parish officials and officers." Here are some pertinent provisions:
1. "Official or officer" means "any person elected to an elected office in the parish government". Sec. 2-48 (a)(1).
2. Sec. 2-48 (b) reads "The policy of the parish shall be to hold harmless and indemnify each official or officer of the parish from any loss due to attorney fees, court costs, judicial interest, or award of monetary damages arising out of any claim, demand, suit, or judgment in any court by reason of alleged negligence or other act...by the official or officer, if that person at the time damages were sustained was acting in the discharge of his duties and within the scope of his office of employment and such damages did not result from the intentional wrongful act or gross negligence of the official or officer." Sec. 2-48 (b)
c. Sec. 2048 9 (c) requires that after service of pleadings the official must deliver to the parish attorney the original or a copy within five (5) days of service. (Reportedly Kracman satisfied this requirement.) On such delivery, "the parish attorney shall assume control of the defense of the official or officer unless:
(3) After a thorough investigation by the parish attorney, it appears by CLEAR AND CONVINCING EVIDENCE (emphasis added) that the official or officer was not acting in the discharge of his duties and within the scope of his office or employment at the time of the alleged act or omission. If the parish attorney refuses to assume control of the defense the parish shall not indemnity said official or officer for attorney fees incurred unless the court subsequently finds that said person was acting in the discharge of this duties, and within the scope of this office and the damages did not result from the intentional wrongful act or gross negligence of the official.
(4) After a thorough investigation , it appears that representation of the official would conflict with the representation of another person, in such an instance, the parish attorney shall secure special counsel to represent the official at the expense of the parish."
Kracman has shared the following text from parish attorney Donna Frazier on the issue of representation;
"Good afternoon Commissioner. I read the lawsuit and it targets actions that were not related to the course and scope of your duties as commissioner. As such, your defense would be a matter for your personal attorney. However, if during the proceedings the court rules that the actions were committed in the course and scope of your duties as commissioner, you would be entitled to be indemnified for your attorney fees. "
Hmm.
Presumably Frazier has ASSUMED that all of the allegations of the lawsuit are in fact true and correct. Not even a first year law student will make a stretch that far in judgment.
Hmmm.
Presumably Frazier has determined "after a thorough investigation" that "it appears by CLEAR AND CONVINCING EVIDENCE (emphasis added) that the official (Kracman) was not acting in the discharge of his duties and within the scope of his office" when he made the statements. (see para . 3 above).
Hmmmm.
What actions did Frazier take in her investigation?
Did Frazier listen to the KEEL interview complained of in the lawsuit?
Did Frazier review the social media posts complained of in the lawsuit?
What "clear and convincing evidence" did she review in making her determination of NO representation by the Parish?
Hmmmmm.
Will it be necessary for Kracman to take legal action to require Caddo Parish to provide representation?
And since the Parish has hired attorneys to represent seven commissioners (Jerry Harper) and separate counsel to represent five commissioners in the Attorney General investigation, should the parish hire outside counsel to represent Kracman?
Hmmmmmm.
The Caddo Commission meets for its administrative conference on Monday August 4 and then for its regular meeting on Thursday August 7. One can expect questions by commissioners to Frazier on the issue of representation of Kracman.
Hmmmmmmm.
