04-0187R

RESOLUTION DIRECTING THE CITY ATTORNEY IN ITS CASE OF MINNESOTA CIVIL LIBERTIES UNION, ET AL V. CITY OF DULUTH, ET AL.

BY COUNCILOR NESS:

WHEREAS, the city, the mayor, and the city council have been sued by the MCLU, and others; and

WHEREAS, the plaintiffs seek relocation of an artifact on the City Hall grounds; and

WHEREAS, the council has conferred with the city attorney and others; and

WHEREAS, the time for answering the compliant is running;

NOW, BE IT RESOLVED, that the city attorney is directed to interpose an answer on behalf of the city and the council, which answer denies the allegations of the complaint and presents significant issues for litigation.

BE IT FURTHER RESOLVED, that the city attorney shall litigate the matter, and, when directed by the court, shall engage in good faith settlement negotiations in order to best protect the city's interest, any settlement subject to council approval.

BE IT FURTHER RESOLVED, that the city attorney shall engage outside counsel to assist in the defense.

BE IT FURTHER RESOLVED, that the city council's operative to interact with the city attorney in processing the case shall be the council's president.

BE IT FURTHER RESOLVED, that the council does not seek to control defense of claims against the mayor.


STATEMENT OF PURPOSE:  This resolution directs the city attorney to defend a lawsuit against the city.