8.10. SR 03-21-1994 - Laserfiche WebLink

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e e e . TUESDAY, MARCH 8,1994"" , SAINT PAUL PIONEER PRESS F 7A I: Officials to be reimbursed for legal fees ' MARY R. SANDOK ASSOCIATED PRESS Three Afton City officials found to have violated. Minnesota's open meeting law unintentionally, can be reimbursed for their legal fees stemming from the case, the state Court of Appeals has ruled. In a unanimous opinion to be filed today, a three-judge panel said that the city's insurance car- rier must reimburse the three offi- cials. The ruling reversed key parts of a Washington County trial court's decision. Mayor Jon Kroschel and City Council Members Suzanne Flinsch and Nicholas Mucciacciaro spent a total of between $56,000 and, $80,000 defending themselves against an Afton resident's law- suit, according to estimates from , attorneys involved in the case. The appeals court rejected the officials' claims that the city was required to pay their .legal bills, but said that the city could pay the costs voluntarily. The court said that the Minnesota League of Cit- . ies Insurance Trust, under terms of its policy with the city, had a duty to reimburse them. Pierre Regnier, an attorney rep- resenting the city oJ Afton, said the ruling "has much more of an impact on the League of Minneso- ta Cities Insurance Trust, because it mandates the league to reim- burse. them for their attorney fees. "As far as the city is concerned, the court affirmed what we ar- gued all along:. there's no manda- tory requirement of the city to reimburse as they claimed." The appeals court previously af- firmed a finding that the three officials unintentionally violate. the open meeting law in June 1991 by holding a closed meeting dur- ing which they approved a well repair contract. Each official was fined $100. In the reimbursement case ap- peal, the court said its ruling did not address whether cities were permitted to pay defense costs if open meeting law violations were found to be intentional. , Richard Allyn, attorney for the trust, said trust officials will de- cide in the next few days what their next step will be., c.... Da.n D:M..-......." Jon' Erik Kingstad, MucciacCi. aro's attorney, praised the ruling. "The public interestis, if people don't'get the assurance..that they can receive a defense for keeping offices that they legitimately won in an election, a lot of people who don't . have the financhll means will simply be excluded from pub- lic' offiCe," he. said. . Age discrimination ruling. In another case, the court held that the Minnesota Human Rights Act protects workers, no matter how old, from' discharge based on age, But it permits. exemptions for a mandatory retirement age estab- lished by law or an employer's published retirement policy if it is consistent with state law. That ruling stemmed from a case brought in Blue Earth County regarding the firing in 1991 of two employees - then ages 78 and 79 - by H&C Electric Supply Co. An appeals court panel ruled that the former employees - John Hoerr and Willard Dorn _ i can sue for age discrimination be cause the company did not have a mandatory retirement policy. ,"