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 a special Dakota County Board meeting of April 9, 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.
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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 E.K.A.H, commenced a lawsuit against Dakota County and certain County staff; and
WHEREAS, the United States District Court for the District of Minnesota issued orders on March 25, 2024 and March 28, 2024; and
WHEREAS, the plaintiff provided the defendants with a settlement offer and invitation to engage in private mediation; 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.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 Dakota County Board meeting on April 9, 2024, to recesses to Confer...
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