DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Closed Executive Session: Discussion Of Legal Strategy In Tory Hart v. Dakota County et al.
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PURPOSE/ACTION REQUESTED
Hold a closed executive session.
SUMMARY
The Dakota County Attorney has advised that prior to closing a County Board meeting, pursuant to the Open Meeting Law, Minn. Stat. Ch. 13D, the County Board must resolve by majority vote to close the meeting.
RECOMMENDATION
recommendation
The County Manager has recommended that a closed executive session be held pursuant to attorney-client privilege during the Dakota County Board meeting of September 24, 2024, to discuss the following:
• the legal strategy in Tory Hart v. Dakota County et al.
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EXPLANATION OF FISCAL/FTE IMPACTS
Fiscal impact will be discussed in closed session.
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, Tory Hart, trustee for the heirs and next-of-kin of Eli Hart, (Plaintiff) commenced a lawsuit against Dakota County (County) and certain County staff; and
WHEREAS, on September 19, 2024, the United States District Court for the District of Minnesota ordered the County to participate in mediation with Plaintiff at a mutually agreeable time before retired magistrate Judge Arthur Boylan; and
WHEREAS, the Dakota County Board of Commissioners (County Board) seeks legal advice from the Dakota County Attorney’s Office with respect to litigation strategy, the public disclosure of which would be detrimental to the County’s defense of this matter; and
WHEREAS, pursuant to Minn. Stat. § 13D.0, subd. 3(b), the County Board by resolution may close a meeting as permitted by the attorney-client privilege.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby closes the Dakota County Board meeting on September 24, 2024, to recesses to Conference Room 3A, Administration Center, Hastings, MN to discuss with the Dakota County Attorney the legal strategy in Tory Hart, trustee for the heirs and next-of-kin of E.K.A.H. v. Dakota County, et al.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: None.
BOARD GOALS
☐ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
PUBLIC ENGAGEMENT LEVEL
☐ Inform and Listen ☐ Discuss ☐ Involve ☒ N/A
CONTACT
Department Head: Heidi Welsch
Author: Jeni Reynolds