HomeMy WebLinkAboutResolution 94-19City of Lake Elmo
Washington County, Minnesota
Resolution 94- 19
A RESOLUTION DIRECTING 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
WHEREAS, there was no personal benefit to these City officials, and
WHEREAS, Afton is a member of the LIVICIT pool, and 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 LIVICIT 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 LIVICIT has appealed this Court of Appeals decision to the
Minnesota Supreme Court; and
WHEREAS, this appeal will cost the LIVICIT 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
THE CITY OF LAKE ELMO that it direct 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 .
BE IT FURTHER RESOLVED that copies of this resolution be sent to
LMCIT offices in St. Paul and to the City of Afton,
ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS
5TH D JULY', 1994.
�7 17 JU
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Attest-,
Mary kue �ner, ity Administrator