Agenda - Council - 09/11/2001 - Laserfiche WebLink

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Case A) Kurak Reimbursement Request -38- Councilmember Kurak stated that she would be abstaining from the disc ~u~r~g, and requested that Councilmember Hendriksen do the same. - .... ~*~ ~ Councilmember Hendriksen inquired of the City Attorney if he was obligated to abstai, fi. City Attorney Goodrich replied that he was not aware of any reason why Councilmember Hendriksen would need to abstain. Steven Sondrall, Jensen & Sondrall, P.A., stated that he was present to discuss a claim that they have made with the City of Ramsey concerning an action that required his client, Councilmember Patti Kurak, to defend herself against a false campaign practices act. A letter was sent to the City Administrator on June 29, 2001 explaining the merits of their claim. Reimbursement of the fees are appropriate and is permitted MN State Statue 465.76. There were three charges brought against her client which included: I) False statements on campaign materials involving storm sewer fees and availability of Council workshop minutes; 2) Failure to provide appropriate disclaimer on campaign materials; 3) Illegal solicitation of votes (bribery) at "Meet the Candidates" meeting. The fact that the charges were brought by Councilmember Hendriksen whose seat was not being contended in the election places liability on the City. MN State Statue 456.02 makes cities responsible for its elected officials and the charges that were brought against Ms. Kurak were criminal in nature and arise as a defamation to his client. Under MN State Statue 456.02 it is that kind of personal injury that is brought on by an employee of the City that the City is responsible to deal with. His client is not interested in making the issue a federal case, however she is looking for some equity and fairness. All charges were investigated by the Anoka County Attorney and dismissed by the Anoka Grand Jury. Mayor Gamec stated that the City was not involved in the action, a citizen brought the lawsuit. Councilmember Hendriksen stated that he reported events that he was aware of to the County Attorney's office, and they investigated those observations 'and concluded that there was sufficient evidence to convene a grand jury. He noted that a former Mayor of the City of Ramsey alleged campaign violations against himself and there was no merit to those allegations and so the County Attorney chose not to convene a grand jury. It was not a case were there was no evidence. City Attorney Goodrich stated that he is treating the statement of Mr. Sondrall as a notice of a claim. He stated that MN State Statue 465.76 does not permit the City to pay Mr. Sondrall's client for the damages alleged. At the time the alleged action occurred his client was not a member of the City Council or an employee so Statue is not valid, but there are certain allegations in the letter that would perhaps give liability on the City. He recommended that the Council refer the matter to the City's insurance carrier for an investigation and let them make their report as to where the claim should go. City Council/August 14, 2001 Page 4 of 13