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File #: DC-4006    Version: 1
Type: Regular Action Status: Passed
File created: 11/22/2024 In control: Board of Commissioners
On agenda: 12/3/2024 Final action: 12/3/2024
Enactment date: 12/3/2024 Resolution #: 24-602
Title: Closed Executive Session: Discussion Of Legal Strategy In Tory Hart v. Dakota County et al.
Sponsors: Office Of The County Manager
Indexes: Yes
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 December 3, 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, the parties engaged in mediation on November 21, 2024; and

WHEREAS, the plaintiff provided the defendants with a settlement offer at mediation for presentation to the County Board; and

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.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 December 3, 2024, to recesses to Conference Room 3A, Administration Center, Hastings, MN to discuss with the Dakota County Attorney the legal strategy i...

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