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City of Lake Elmo <br />Washington County, Minnesota <br />Resolution 94- 19 <br />A RESOLUTION DIRECTING THE LMCIT TO COMPLY WITH THE COURT OF <br />. APPEALS DECISION REGARDING AFTON CITY OFFICIALS <br />WHEREAS, elected City officials from the City of Afton have been in <br />litigation since November, 1991, and <br />WHEREAS, this litigation has resulted in legal fees of approximately <br />$60,000, and <br />WHEREAS, these fees are the result of defending their right to hold public <br />office as elected officials, and <br />WHEREAS, the District Court states that the defendants did not conspire <br />to meet and the Court of Appeals states that their one violation was "within the <br />reasonable and lawful performance of public duties" and the violation was <br />"unintentional... an unfortunate misstep -- a stumble -- while the appellants went <br />about the performance of legitimate public services", and <br />WHEREAS, there was no personal benefit to these City officials, and <br />WHEREAS, Afton is a member of the LIVICIT pool, and insurance trust <br />designed so that cities can help each other during times of unanticipated <br />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, and <br />WHEREAS, the LIVICIT has now begun to offer insurance, at an additional <br />premium to member cities, which specifically covers those situations already <br />determined to be covered by the Court of Appeals decision, and <br />WHEREAS, the LIVICIT has appealed this Court of Appeals decision to the <br />Minnesota Supreme Court; and <br />WHEREAS, this appeal will cost the LIVICIT and its member cities, and <br />also the elected officials of Afton, considerable time, resources, and thousands <br />of additional dollars. <br />