Minutes - Council - 08/14/2001 - Laserfiche WebLink

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Councilmember Hendriksen inquired of the City Attorney if he was obligated to abstain. 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 is appropriate and is permitted in MN State Statute 465.76. There were three charges brought against their client which included: 1) False statements on campaign materials involving storm sewer fees and availability of Council workshop minutes; 2) Failure to provide appropriate disclaimer on campaign materials; and 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 contested. MN State Statute 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 Statute 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 him (Hendriksen) 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 where 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 Statute is not valid, but there are certain allegations in the letter that would perhaps place liability on the City. He recommended that the Council refer the matter to the City's insurance carder for an investigation and let them make their report as to where the claim should go. Mr. Sondrall noted MN State Statue 211B requires the County Attorney to review the cases and present the charges to the grand jury. If the County Attorney fails to do so they would be guilty of a misdemeanor and forfeits his seat of the office. There is another provision in the law that City Council/August 14, 2001 Page 4 of 13