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CCP 04-08-1996
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CCP 04-08-1996
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<br /> (. . <br /> I <br /> ~ OPEN MEETING LAW DEFENSE COST <br /> REIMBURSEMENT AGREEMENT <br /> I I. OPEN MEETING LAW DEFENSE COST the Minnesota Open Meeting Law; however. <br /> COVERAGE LMCIT shall have the right to intervene at its <br /> expense in the investigation or defense of such <br /> I LMCIT will reimburse a city official for 80 percent of legal action. <br /> the defense costs incurred by the city official in 3. <br /> defending an Open Meeting Law lawsuit, if the The city or the city official shall give prompt <br /> I following conditions are met: notice to LMClT of any actual or threatened <br /> legal action against the city official seeking <br /> 1. The date on which the Open Meeting Law penalties against the city official for an alleged <br /> I lawsuit is commenced must be within the violation of the Minnesota Open Meeting Law. <br /> term of this agreement; and <br /> 4. The city and the city official shall at all times <br /> I 2. The date on which the violation took place or cooperate with and promptly respond to <br /> is allegcd to have taken place must be on or LMCIT's requests for information, <br /> after the retroactive datc. if any, shown in investigativc data. records, or any other <br /> the Declarations. material documentation, <br /> I An Open Meeting Law lawsuit is deemed to be 5. The city official will be reimbursed only for <br /> .. commenced on the date the city 'official is served defense costs incurred with respect to legal <br /> notice of the lawsuit. services actually rendered and expenses <br /> actually incurred, <br /> II. LIMITS <br /> I 6. The city official shall have complete freedom <br /> The Open Meeting Law Defense Cost to choose an attorney licensed in the State of <br /> Reimbursement Agreemcnt Limit is $20,000. This Minnesota to provide the city official with legal <br /> I is the most LMCIT will reimburse anyone city services with respect to which defense costs are <br /> official for defellSe costs for Open Meeting Law reimbursable under this Agreement. <br /> lawsuits commenced during the term of this <br /> I agreement, regardless of the number of lawsuits, the 7. It is the express intent of the parties to this <br /> number of actual or alleged violations, or the date Agreement that neither the city nor the city <br /> the defense costs are actually incurred. official waive any immunities, defenses, or <br /> I limitations on liability available under <br /> III. CONDITIONS AND EXCLUSIONS Minnesota statutes or common law. <br /> I 1. The term of this Agreemcnt shall be one year 8. In the event that a city official makes a <br /> beginning with the effective date stated in the recovery of defense costs from any third party, <br /> Declarations, Subsequent rencwals of this LMCIT shall be reimbursed for any payment it <br /> I Agreement shall be treated as separate terms, has made under this Agreement after the city <br /> official has been fully reimbursed for his/her <br /> 2. LMCIT shall have no duty to provide a 20 % sharc of the defense costs, <br /> I , defense to a city official with respect to a 9. LMCIT may cancel this Agreement by mailing <br /> legal action against that city official seeking <br /> ,. penalties based upon an alleged violation of or delivering written notice to the city at least: <br /> LMCIT OMLRA-t (11-93) (R", t 1-94) lof2 <br /> I <br />
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