Skip to main content
Dakota County Logo
File #: DC-3498    Version: 1
Type: Regular Action Status: Passed
File created: 5/23/2024 In control: Board of Commissioners
On agenda: 6/4/2024 Final action: 6/4/2024
Enactment date: 6/4/2024 Resolution #: 24-305
Title: Approval Of Legal Strategy In Tory Hart v. Dakota County et al.
Sponsors: Office Of The County Manager

DEPARTMENT: Office of the County Manager

FILE TYPE: Regular Action

 

TITLE

title

Approval Of Legal Strategy In Tory Hart v. Dakota County et al.

end

 

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 a special Dakota County Board meeting of June 4, 2024, to discuss the following:

 

                     the legal strategy in Tory Hart, trustee for the heirs and next-of-kin of E.K.A.H. v. Dakota County, et al., Court File 22-cv-02035.

end

 

EXPLANATION OF FISCAL/FTE IMPACTS

Fiscal impact will be discussed in closed session.

 

  None              Current budget              Other        

  Amendment Requested                           New FTE(s) requested

 

RESOLUTION

body

WHEREAS, Tory Hart, trustee for the heirs and next-of-kin of E.K.A.H (Plaintiff), commenced a lawsuit against Dakota County (County) and certain County staff; and

 

WHEREAS, Plaintiff provided the County with a settlement demand on May 15, 2024; and

 

WHEREAS, on May 24, 2024, the County Attorney's Office provided a confidential memorandum to the Dakota County Board of Commissioners (County Board) explaining the legal strategy in this matter; and

 

WHEREAS, after reviewing the information contained in the confidential memorandum, the County Board determined a closed session discussion with the Dakota County Attorney's Office was not required prior to providing direction.

 

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Dakota County Attorney’s Office to proceed with the proposed legal strategy as set forth in the confidential memorandum provided to the Board.

end

 

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: Tom Novak

Author: Jeni Reynolds