May 17, 2011
UNOFFICIAL MINUTES- SUBJECT TO CORRECTIONS
LYON COUNTY BOARD OF COMMISSIONERS
LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN
April 12, 2011
9:00 a.m. Meeting was called to order by Chairman Fenske. Members present: Fenske, Ritter, Goodenow, Anderson, Stensrud, County Administrator Stomberg, Attorney Maes, Absent: County Auditor/Treasurer Van Overbeke.
Ritter moved, seconded by Anderson to approve agenda. All voted in favor.
Identify any Conflict of Interest
Anderson I will leave for the closed session of Rick Anderson, et. al v. County of Lyon, et. al
10:33 a.m. Meeting Recessed
10:44 a.m. Meeting Called Back to Order
Closed Meeting Attorney Client Privilege Marron v. Lyon County
Ritter moved, seconded by Stensrud to go into closed session to discuss Settlement agreement Marron v. Lyon County. All voted in favor.
Member Ritter introduced the following Resolution and moved its adoption:
RESOLUTION CLOSING BOARD MEETING
WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. 13D.05, subd. 2(b) states that "meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege"; and
WHEREAS, the County Board seeks to meet with its attorney to obtain advice regarding a pending lawsuit, Kathleen Marron Conlin, as Trustee for the Heirs and Next-of-Kin of Richard Marron v. County of Lyon.; and
WHEREAS, it would be detrimental to the interests of the County for the County Board to hold a public discussion with its attorney regarding its legal position(s), strategy, etc., where an opposing party or opposing attorney could listen to or be made aware of the County's positions; and
WHEREAS, it is in the best interest of the County for the Board to obtain legal advice in a confidential setting to maintain the attorney-client privilege.
BE IT RESOLVED by the Lyon County Board of Commissioners as follows:
1. The Board hereby closes based upon the attorney-client privilege pursuant to Minn. Stat. 13D.05, subd. 3(b);
2. The specific subjects to be discussed, pursuant to Minn. Stat. 13.01, subd. 3, are the claims raised in the above-referenced lawsuit, and the defenses and legal positions to be taken by the County.
The motion for the adoption of the foregoing Resolution was duly seconded by Stensrud and upon a vote being taken thereon, the following voted in favor thereof:
Ritter, Stensrud, Fenske, Anderson, Goodenow
And the following voted against the state: None.
Whereupon said Resolution was declared duly passed and adopted.
Stensrud moved seconded by Anderson to come out of closed session. All voted in favor.
Ritter moved, seconded by Goodenow to approve and authorize the Chair to sign the settlement agreement and Release with the Marron family. All voted in favor
Commissioner Anderson left the meeting.
Closed meeting Attorney Client Privilege Anderson et al v. Lyon County et al.
Member Goodenow introduced the following Resolution and moved its adoption:
RESOLUTION CLOSING BOARD MEETING
WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. 13D.05, subd. 2(b) states that "meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege"; and
WHEREAS, the County Board seeks to meet with its attorney to obtain advice regarding a pending lawsuit, Rick Anderson, et. al v. County of Lyon, et. al.; and
WHEREAS, it would be detrimental to the interests of the County for the County Board to hold a public discussion with its attorney regarding its legal position(s), strategy, etc., where an opposing party or opposing attorney could listen to or be made aware of the County's positions; and
WHEREAS, it is in the best interest of the County for the Board to obtain legal advice in a confidential setting to maintain the attorney-client privilege.
BE IT RESOLVED by the Lyon County Board of Commissioners as follows:
3. The Board hereby closes based upon the attorney-client privilege pursuant to Minn. Stat. 13D.05, subd. 3(b);
4. The specific subjects to be discussed, pursuant to Minn. Stat. 13.01, subd. 3, are the claims raised in the above-referenced lawsuit, and the defenses and legal positions to be taken by the County.
The motion for the adoption of the foregoing Resolution was duly seconded by Ritter and upon a vote being taken thereon, the following voted in favor thereof: Ritter, Goodenow, Fenske, Stensrud and the following voted against the same: None
Abstain : Anderson
Whereupon said Resolution was declared duly passed and adopted.
Ritter moved, seconded by Goodenow to come out of closed session. All voted in favor.
Fenske adjourned until April 19, 2011.
Robert Fenske, Chairman
Attest: Loren Stomberg
Lyon County Administrator