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Dear Elected Official: <br />JUN 3 1994 <br />We are writing this letter as concerned fellow City <br />Council Members as a City Member of the League of Minnesota <br />Cities Insurance Trust (L.M.C.I.T.). We are asking for your <br />consideration and support on a matter that has gone on for <br />much too long and has sapped the resources of each of the <br />three involved City Council Members. <br />We believe, and the Minnesota Court of Appeals agrees <br />that City Council Members should be entitled to reasonable <br />legal defense coverage thru the L.M.C.I.T.. The attorneys <br />for the L.M.C.I.T. disagree and have chosen to add to all <br />parties expense and Appeal to the Minnesota Supreme Court. <br />This action was brought in November of 1991 in regard to <br />a June emergency discussion to repair a well in the Afton <br />City Park prior to the Fourth of July celebration. The <br />original complaint alleged that the Mayor violated the open <br />meeting law with two Council Members on three separate and <br />unrelated occasions. The complaint asked that the statutory <br />penalty be imposed ($100) and that the Mayor and the two <br />involved Council Members be removed from office. An elected <br />official can be removed from office for three violations of <br />the open meeting law. The courts have found only one <br />unintentional violation and no evidence of any other open <br />meeting law violations. In their defense the three City <br />Council Members have incurred over $60,000 in legal expenses. <br />The Minnesota Court of Appeals ruled on March 8, 1994 <br />that the L.M.C.I.T. has a duty to defend and ordered them to <br />do so. L.M.C.I.T. attorneys have chosen to Appeal the charge <br />to the Minnesota Supreme Court. <br />All around Minnesota Communities thought in joining the <br />League of Minnesota Cities Insurance Trust they would receive <br />legal defense coverage. The Court of Appeals says they <br />should! <br />In Afton, a single citizens effort to remove a Mayor and <br />two City Council Members from public office has failed. The <br />cost of survivory on their Public Offices is $60,000 to the <br />involved Council Members. This is the type of event that is <br />extraordinary, beyond budget and one for which cities <br />purchase insurance. At least Afton thought it had purchased <br />such insurance. <br />Page 102 <br />City of Afton — 3033 St. Croix Trail So. Box 386; Afton, MN. 55001 <br />