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RESOLUTION 1994 -11 <br />CITY OF AFTON <br />WASHINGTON COUNTY, MINNESOTA <br />A RESOLUTION DIRECTING THE LMCIT TO COMPLY WITH <br />THE COURT OF APPEALS DECISION REGARDING <br />AFTON CITY OFFICIALS <br />WHEREAS, elected City officials from the City of Afton have been <br />in litigation since November, 1991, and <br />WHEREAS, this litigation has resulted in legal fees of <br />approximately $60,000, and <br />WHEREAS, these fees are the result of defending their right to <br />hold public office as elected officials, and <br />WHEREAS, the District Court states that the defendants did not <br />conspire to meet and the Court of Appeals states <br />that their one violation was "within the reasonable and <br />lawful performance of public duties" and the violation <br />was "unintentional... an unfortunate misstep - -a stumble- - <br />while the appellants went about the performance of <br />legitimate public services ", and <br />WHEREAS, there was no personal benefit to these City officials, <br />and <br />WHEREAS, Afton is a member of the LMCIT pool, an insurance trust <br />designed so that cities can help each other during times <br />of unanticipated financial trouble, and <br />WHEREAS, the Court of Appeals has ruled that this pool does offer <br />coverage for defense of these types of minor violations, <br />and <br />WHEREAS, the LMCIT has now begun to offer insurance, at an <br />additional premium to member cities, which specifically <br />covers those situations already determined to be covered <br />by the Court of Appeals decision, and <br />WHEREAS, the LMCIT has appealed this Court of Appeals decision to <br />the Minnesota Supreme Court, and <br />WHEREAS, this appeal will cost the LMCIT and its member cities, <br />and also the elected officials of Afton, considerable <br />time, resources, and thousands of additional dollars, <br />Page 104 <br />