HomeMy WebLinkAbout1994-146
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RESOLUTION NO. 94-146
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REQUESTING THE LMCIT TO COMPLY WITH
THE COURT OF APPEALS DECISION REGARDING AFTON CITY OFFICIALS
WHEREAS, elected City officials from the City of Afton have been in litigation since
November, 1991, and
WHEREAS, this litigation has resulted in legal fees of approximately $60,000, and
WHEREAS, these fees are the result of defending their right to hold public office as elected
officials, and
WHEREAS, the District Court states that the defendants did not conspire to meet and the
Court of Appeals states that their one violation was "within the reasonable and lawful
performance of public duties" and the violation was "unintentional ... an unfortunate misstep--
a stumble--while the appellants went about the performance of legitimate public services", and
r WHEREAS, there was no personal benefit to these City officials, and
WHEREAS, Afton is a member of the LMCIT pool, an insurance trust designed so that cities
can help each other during times of unanticipated financial trouble, and
WHEREAS, the Court of Appeals has ruled that this pool does offer coverage for defense of
these types of minor violations, and
WHEREAS, the LMCIT has now begun to offer insurance at an additional premium to
member cities, which specifically covers those situations already determined to be covered by
the Court of Appeals decision, and
WHEREAS, the LMCIT has appealed this Court of Appeals decision to the Minnesota
Supreme Court, and
WHEREAS, this appeal will cost the LMCIT and its member cities, and also the elected
officials of Afton, considerable time, resources, and thousands of additional dollars,
NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota, that it
request the LMCIT to dismiss its appeal to the State Supreme Court, and to reimburse the
elected officials from the city of Afton for their legal expenses resulting from litigation
originating in November of 1991.
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Resolution 94-146
Page 2
BE IT ALSO RESOLVED, that copies of this resolution be sent to LMCIT offices in St. Paul
and to the City of Afton.
Adopted by Council this 7th day of June, 1994.
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ATTEST:
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Mor Weldon, City Clerk
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Charles M. Hooley, Mayor
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