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111990.8 V <br />TO: <br />PSROM: <br />DATS: <br />Mayor and City Council <br />Mark E. Bernhardson, City Administrator <br />November 19, 1990 <br />SUBJECT: Legal Action Notification <br />ISSUE - Present for Council consideration notification of various <br />legal actions in the City. <br />IHTRODUCTION - At the Council's November 13, 1990 moeting the <br />Issue o£ legal notification was discussed. It was indicated that <br />if Council so desired that a process for that would be developed. <br />DISCUSSION - The goals in development of such a process are as <br />follows: <br />A. Provide information when legal action is initiated <br />against the City. <br />B. Provide a means of information to Council that does <br />not disrupt the City's contractural relations with the <br />insurance company on all matters for which they are <br />covered. (Violation of this can jeopardize the City's <br />coverage.) <br />C. Maintain <br />appropriate. <br />the attorney/client privilege <br />In civil cases State Statutes provides that the individual who <br />may initiate a suit is required within 6 months after discovery <br />of loss to place the City of notice of a potential lawsuit. This <br />notice serves only as a preservation of rights and the City may <br />receive notice of such, although it may not eventually become a <br />lawsuit. These are often as short ?s a paragraph outlining time, <br />place and name of potential claima;**4t. Actual service on the City <br />of a summons and complaint actually initiates that lawsuit. <br />ALTERNATIVES <br />Policy - <br />Legal ::ction notification <br />a. Civil lawsuits <br />1. Notice of claim <br />2. Lawsuit notification (Summons and Complaint) <br />b. All legal actions including all criminal <br />prosecutions. <br />r: <br />t; <br />2. Process <br />a. Place as part of the agenda <br />b. Provide copies of the legal notification directly