04-0189R AS AMENDED
RESOLUTION DIRECTING ACTION IN THE CASE OF MINNESOTA CIVIL LIBERTIES UNION, ET AL V. CITY OF DULUTH, ET AL.

BY COUNCILOR STEWART:

BE IT RESOLVED, that the city attorney is directed to take the following action in regard to claims brought against the city and the city council in the case of Minnesota Civil Liberties Union, et al v. City of Duluth, et al:
(a) To answer the compliant and preserve defenses;
(b) To seek amicable settlement of the suit within reasonable parameters, any settlement subject to council approval;
(c) To utilize the assistance of other lawyers experienced in this type of case, but without cost to the city;
(d) To propose the following resolution of the claims:
That all the claims of the plaintiffs against any defendant shall be dismissed; that neither party pay any fee, cost or expense of the other, unless the court recommends the payment of a cost not to exceed $250; and that the city will take reasonable action to assure that the display is in compliance with law, which action shall be removal of the artifact to another location, or other action recommended by the court, or agreed to by the plaintiffs; and that further action in the court, including answering, will not be necessary if the matter can be settled without such action.


STATEMENT OF PURPOSE:  This resolution directs the legal defense of the city.