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<br />. <br /> <br />city of Centerville <br />April 28, 2004 <br />Council Meeting Minutes <br /> <br />Council Member Broussard Vickers indicated that she was concerned about the potential <br />to harm the City's position by doing an investigation outside of what the League of <br />Minnesota Cities Insurance Trust would do. <br /> <br />Mayor Sweeney indicated he feels that an independent investigation would be more <br />accurate. <br /> <br />Council Member Broussard Vickers indicated that the League of Minnesota Cities is the <br />designated insurance carrier and they have the City's best interest in mind. She then said <br />that they would conduct an investigation into any potential for a claim and she is <br />concerned about compromising things with an independent investigation. <br /> <br />Council Member Capra said that Mr. Hoeft's office would be defending the City. <br /> <br />City Attorney Hoeft indicated that the League would retain outside counsel to defend <br />matters and then noted that they have defended matters for the League before and are on <br />the list for doing so. He then said that it does not matter to him but he thinks there will be <br />a difference in the product produced based on what the City has asked his office to do <br />and what the league would do because the league would do the investigation geared <br />toward any claims made to the City and if that is the City's focus that is appropriate. <br /> <br />City Attorney Hoeft indicated it is his understanding that is not, it is one aspect of the <br />current investigation but not the fundamental one. He then said that there are other issues <br />as far as general administrative issues and potential disciplinary action for which Council <br />is seeking answers to that are not necessarily actionable. <br /> <br />City Attorney Hoeft indicated that if the League decides to do an investigation it would <br />be covered and they would do it toward potential claims litigation if that is what the City <br />wants then the League should be contacted. <br /> <br />Council Member Capra indicated she would prefer to have the City Attorney's office <br />conduct the investigation as they did a good job on another similar investigation. She <br />then said that this has been set in motion and she would like to stick with the existing <br />plan. <br /> <br />Council Member Paar agreed. <br /> <br />Council Member Lee said he does not know that going through the League at this time is <br />the way to go because the original goal was not toward sheltering the City in the event of <br />a claim. <br /> <br />Mayor Sweeney indicated he was not looking at it as an insurance claim. <br /> <br />Council Member Broussard Vickers commented that this is an insurance claim and by <br />having this independent investigation it compromises the insurance carriers ability to <br />protect the City. <br /> <br />Page 9 of12 . <br />