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CC_Minutes_2003_0203
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Roseville City Council
Document Type
Council Minutes
Meeting Date
2/3/2003
Meeting Type
Regular
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<br /> <br />January 27,2003 <br />Page 4 <br /> <br />Lake City Sanitation. Inc., 769 F.2d 517 (8th Cir. 1985). A legitimate claim of entitlement in a <br />property interest can arise from procedures established by state statutes or regulations. Id. <br /> <br />The Minnesota Court Appeals has deternlined that under <br />competitive bidding on public contracts, the lowest responsible <br />specifications and procedures has a legitimate expectation being <br />government body makes the decision to award the contract. <br />PavnesviIle, 423 N.W.2d 59 (Minn. App. 1988). <br /> <br /> <br />law governing <br />with the bidding <br />contract once <br /> <br />Minnesota law governing competitive bidding on contracts does not usually apply to the <br />designation of legal newspaper. Instead, as explained above, typically a city weighs several factors <br />under the scheme established by Section 331 A.04. But here, the City acted pursuant to special <br />legislation, which allows it to designate "the newspaper offering to publish the notices at the lowest <br />cost," so long as (2) for one year prior to designation, at least 25 percent of the newspaper's circulation <br />was within the City linlits. 1997 Minn. Law Chap. 56, H.F. 356, 9 2. Because the City acted under the <br />special legislation, an argunlent could be made that, like under the bid law, a newspaper offering the <br />lowest cost has a legitimate expectation that it will be designated as the legal newspaper once the City <br />Council makes the decision to designate the newspaper. <br /> <br />If the City now designates any newspaper other than the Pioneer Press, the Pioneer Press nlay <br />seek damages for violations of its due process rights pursuant to 9 1983 of the Civil Rights Act, as well <br />as for attorney fees under 9 1988 of that Act. As with the potential breach-of-contract claim discussed <br />above, the Pioneer Press may not, ultinlately, prevail in an action for breach of its due process right. <br />Nevertheless, the cost of defending against such a lawsuit could be significant. <br /> <br />C. Other Considerations <br /> <br />It may also bear referencing First Anlendment rights that could come into play under various <br />fact scenarios. There is an established body that precludes a municipality from retaliating <br />against an employee for the exercise of that employee's rights. This law has been <br />extended and applied in circumstances involving non-employees who may contract, or have a <br />legitimate expectation of contracting opportunities, with a municipality. <br /> <br />That being said, were there any facts to ever suggest that the change in designation of a legal <br />newspaper had any relation to one of in favorable or unfavorable terms, <br />those facts could implicate Amendment rights and to a claim violation of those rights. <br /> <br />Even if no contract were even any action <br />against the City, your question raises a more Parties submitting <br />offers in response to government solicitation often significant and resources preparing <br />their offers. Parties that do so expect that the government act with and fairness in <br />this process. Allowing a potential contractor to a new proposal once it had an opportunity <br />to view all other contractors' proposals, after the Council acted to accept another proposal, could <br />undermine confidence in the fairness, predictability and propriety of the City Council's deliberative <br />processes. If potential contracting parties and/or suppliers were to lose confidence in the City <br />Council's process, they may simply decide not to the resources in making a proposal <br />
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