DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Closed Executive Session: Discussion Of Legal Strategy In Brian Vitek 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 May 24, 2022, to discuss the following:
• the legal strategy of defending against Patric Vitek’s lawsuit.
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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, on or about November 1, 2019, Patric Vitek was crossing Diffley Road near the intersection with Braddock trail when he was struck by and automobile, sustained injuries, and died; and
WHEREAS, Patric Vitek’s heirs and next of kin claim that the County and the City of Eagan negligently designed the roadway, causing Patric Viteks’ death; and
WHEREAS, Patric Vitek’s heirs and next of kin commenced a lawsuit against the County and the City of Eagan for damages resulting from Patric Vitek’s death;
WHEREAS, the County Board seeks legal advice from the County Attorney 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.05, 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 County Board meeting on May 24, 2022 and recesses to Conference Room 3A, Administration Center, Hastings, Minnesota, to discuss with the County Attorney the legal strategy of defending against Patrick Vitek’s lawsuit.
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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: Matt Smith
Author: Jeni Reynolds