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LAW OFFICES <br /> <br />WURST, PEARSON, LAR$ON, UNDERWOOD & JVJERTZ <br /> <br /> MINNEAPOLIS, J'/I, INN£SOTA 5540Z <br /> October 23, 198l ~ <br /> <br />Mr. James E. Scharantz, Chairman <br />Lower Rum River Watershed <br /> Management Organization <br />1685 Crossto~-n Boulevard, N.W. <br />Andouer, MN 55304 <br /> <br />Re: Defense and Indemnification Responsibilities <br /> <br />Dear Jim: <br /> <br /> At the regular meeting of the Lower Rum River Watershed Management <br />Organization, on October 21, 1987, a motion was made directing me to prepare <br />a Resolution similar to the one that has been adopted by Shingle Creek and <br />the West Mississippi Watershed Management Organizations. The Resolution <br />is in effect a commitment on the part of the organization to defend the <br />various commissioners and officers for their acts on behalf of the Lower Rum <br />River Watershed Management Organization. <br /> <br /> This Resolution is essentially patterned after Minn. Stat. Sec. <br />466.07, Subd. lA, which reads as follows: <br /> <br />"Each municCpality or any instrumentality thereof shall indemnify <br />and provide defense for any employee or officer against judgements <br />or any amounts paid in settlement actually and reasonably incurred <br />in connection with any tort, claim, or demand arising~out of an <br />alleged act or omission occurring within the scope of his <br />employment or official duties, subject to the limitations set <br />forth in Section 466.04." <br /> <br /> I am sure that each of the Councilmembers of the four Cities making <br />up the Commission have the same kinds of concerns as it relates to their <br />actions in carrying out the.public's business. The intent of this <br />Resolution is to make a commitment in writing to the Commissioners an~ <br />Officers of the Organization that the Organization will stand behind them <br />and protect them by paying defense costs and indemnifying them if they <br />should be held liable in a court of law. <br /> <br /> The Resolution also points out that insurance has been <br />investigated, but that in this particular and limited case, it does not <br />appear beneficial to purchase insurance, and it would appear that we would <br />be purchasing insurance solely to cover legal defense costs. It is <br /> <br /> <br />