07-11-1977 Council Minutes - Laserfiche WebLink

Home Browse Search

r � � RE�ULAR MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 34 � Mayor Van Nest moved, Massengale seconded, th�t a PUBLIC HEARING DATE public hearing will be held on August 8, 1977 at Height of Structures 00 P.M. to review amending the P�Iunicipal Code • relating to height of certain structures. Motion, Ayes (5) - Nays (0) . • • � Mr. Bruce Malkerson, City Attorney, informed the PERSONAL LIABILITY City Council of the personal liability of the • City Council and Planning Commission, dated July 11, 1977, which states: • - � The Minnesota statutes and Supreme Court decisions grant limited immunity from tort liability to � Planning Commission and Councilmembers in order to encourage participation in government. � Although the immunity is limited, it is sufficient to protect the public officials in their handling • of matters before them. � A public official cannot be liable for any claim � relating to: � 1. A misrepresentation of the law. 2. The exectuion of a valid or invalid ordinance, � such as a platting or zoning ordinance. 3. The performance or failure to exercise or � perform a discretionary function or duty, • whether or not the discretion is abused. � The Minnesota statutes and the cases do not provide any immunity where the public official � acts outside his or her scope of authority or the actions are clearly illegal or prompted by r malice or fraud. � Although there are numerous cases in Minnesota � and in other jurisdictions concerning the immunity of public officials, the general rules of limited � liability are as set forth above. � End of inemo � Memo from Joan Lattin, Deputy Treasurer, dated • July 7, 1977, regarding liability insurance coverage, states that: � The City of Orono' s Liability Insurance is as � follows: � l. General Liability, limits $500, 000 single limit. 2. Fidelity, Forgery, and Faithful Performance, � $50, 000 (includes all employees) . Money and � securities lost inside and out, $2 ,000. (Continued) � i •