#241 05-17-71 Provide Settlement and Indemnification36
Resolution No. 241 May 17, 1971
Member Ulstad introduced the following resolution and MOVED its adoption:
RESOLUTION
(Providing for Settlement
and Indemnification)
WHEREAS there has heretofore been commenced in the United States District Court
for the District of Minnesota, Fourth Division, the civil case of Oliver D. Lyle,
Plaintiff vs. the Village of Golden Valley, Cliff Teresi, Mayor; John L. Bies,
Raymond Stockman, Gordon 0. Garis and Roger S. Carlson, Councilmen; Everett C.
Frandsen, Chief of Police; David Neibur, Peter B. Russell, Ronald Pavlock and
James Zelinsky, Police Officers; and Golden Auto Parts, a towing service,
Defendants, for alleged tortious acts toward the aforesaid Plaintiff claimed
to have deprived him of certain of his civil rights; and
WHEREAS there have previously been dismissed from said case in the United States
District Court, by the action of the Court and/or Jury, the Village of Golden
Valley, Golden Auto Parts, Roger S. Carlson, Cliff Teresi, John L. Bies,
Raymond Stockman, Gordon 0. Garis and Peter B. Russell; and
WHEREAS in the aforesaid United States District Court action judgment has been
entered in favor of the Plaintiff and against the Defendants, Everett C. Frandsen,
David Neibur, James Zelinsky and Ronald Pavlock in the sum of $5,000.00, P�.us
costa; and
WHEREAS there is presently pending in the District Court for the County of
Hennepin, State of Minnesota, an action termed and labeled Oliver D. Lyle
vs. Village of Golden Valley, said action being solely against this municipal
corporation and seeding civil damages based upon alleged tortious conduct of
certain agents and employees of said municipal corporation against the Plaintiff
and arising out of the same set of facts giving rise to the aforesaid Federal
action; and
WHEREAS after considerable, careful and due consideration by this Village Council
for the Village of Golden Valley it is the collective and unanimous feeling of
said Council that the jury verdict in the aforesaid United States District Court
action, resulting in the aforesaid judgment, legally supportable or not, reflects
a finding that attitudes prevailed within society, the Village of Golden Valley
as a whole and its government and/or the administration thereof, which would
characterize the action taken by the Defendants against whom the verdict was
returned as tortious conduct in violation of minority civil rights; and
WHEREAS it further appears to this Council that the conduct of the aforesaid
Defendants as to whom the verdict was returned was consistent with their good
faith belief that their actions were taken within the scope of their duties
pursuant to policies and ordinances representative of prevailing community
attitudes and approved or condoned by the Village Government and the community
at large; and
WHEREAS it is the feeling of this Council that the stigma, if any, which might
be sought to be attached to the conduct of those Defendants as to whom verdicts
were returned is more accurately, and in a larger sense, a stigma also upon and
Resolution No. 241
May 17, 1971
the responsibility of the community at large, and therefore neither any
greater nor any less than that which should attach to any other employees,
officers, agents or officials of the Village, whether elected or appointed,
and to the citizenry as a whole; and
WHEREAS it is the further judgment and unanimous feeling of this Council that
it is in the best interests of this Village that the aforesaid action now
pending in the District Court for the State of Minnesota be compromised, ad-
justed and settled in resolution of claims of doubtful and complex legal
nature which may otherwise require protracted and costly litigation;
NOW, THEREFORE, BE IT RESOLVED by the Village Council for this Village of
Golden Valley, Minnesota, that it hereby authorizes and directs its duly
authorized and appointed officials, including its Village Manager, its
Village Attorney, its Finance Director, and its Clerk, in full settlement,
satisfaction and compromise of all the claims of Oliver D. Lyle, pending or
outstanding as of the date hereof, by reasons of the circumstances set forth
above and pursuant to the provisions of Minnesota Statutes 471.44, 471.45,
466.07 and 466.08, to pay to the aforesaid Oliver D. Lyle the sume of
$7,500.00 in consideration for the dismissal with prejudice and/or satis-
faction of all of the aforesaid claims, by the transfer of an amount sufficient
for such purpose from the General Contingency Fund, it being hereby deemed
fitting and proper for this Council to so do.
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Mayor
Attest:
Village Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
Member Paulson, and upon vote being taken thereon, the following voted in
favor thereof: Hoover, Paulson, Stockman, Teresi, and Ulstad; and the follow-
ing voted against the same: None, whereupon said resolution was declared duly
passed and adopted, signed by the Mayor, and his signature attested by the
Village Clerk.
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