DANA POINT

A state appellate court has reversed a lower court’s ruling that a councilman had absolute privilege in speaking at council meetings.

The 3-0 decision of the 4th District Court of Appeal in Santa Ana said the lower court erred in assuming that Councilman Harold Kaufman enjoyed “absolute legislative privilege” when he made comments that another man considered slanderous.

Geoffrey Lachner of Dana Point sued Kaufman over comments Kaufman made at a 1996 City Council meeting. Lachner contends Kaufman essentially called him a thief.

In 1997, the Superior Court deemed that Kaufman’s comments, in the context of a council meeting, were privileged and permissible. Lachner appealed the decision.

Though the appellate court expressed some doubt that slander could be proved, it did not make that determination and sent the matter back to a lower court.

Kaufman’s legal defense is being funded by the city through the California Joint Powers Insurance Authority. His attorneys have not decided whether to appeal the ruling, said Lee Losee, claims manager for the La Palma-based group.

If appealed, the case could go before the state Supreme Court, where a ruling could be made on legislative privilege.