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MINUTES
OF TEIE CLOSED SPECIAL MEETING OF TEIE
EDINA CITY COUNCIL HELD AT CITY HALT.,
ON MAY 16, 1994 AT 5:40 P.M.
R0I;LCALL Answering rollcall were Members Kelly, Rice and Smith, with Member
Paulus entering at 5:50 P.M. and Mayor Richards entering at 5:58 P.M. Mayor
Pro-Tem Kelly chaired the meeting until the arrival of Mayor Richards.
Staff present were Manager Rosland, Assistant Manager Hughes, City Attorney
Gilligan, Assistant to Manager Smith and Clerk Daehn. Also present were John
Zwakman and David Lauth, attorneys representing the City in the matter of the
petition of David P. Hembre v. City of Edina before the Minnesota Department
of Veterans Affairs.
Attorney Zwakman informed the Council of the chronological events that have
occurred since 1986 with regard to City employee David P. Hembre and that
precipitated in October, 1990, Mr. Hembre’s petition to the Minnesota
Department of Veterans Affairs alleging veteran‘s preference rights.
Mr. Zwakman said that following several conversations with Mr. Hembre’s
counsel, he has indicated their settlement position as being one hundred
percent of what Mr. Hembre has claimed the City owes him.
Attorney David Lauth explained that Mr. Hembre‘s petition was reviewed first
by an administrative law judge working with the Minnesota Department of
Veterans Affairs, it then went to the Commissioner of Veterans Affairs for
decision. That decision has been appealed to the State Court of Appeals by
the City. Mr. Lauth informed the Council of the issues that the Court of
Appeals would consider in this case and the arguments that the City would
present on those issues.
In response to questions of Mayor Richards, Mr. Lauth advised the Council of
the City’s total exposure and said a decision by the Court of Appeals is
anticipated in late 1994. Assuming an adverse decision, further recourse by
the City would be to seek a discretionary review by the Minnesota Supreme
Court.
The.Gounci1 was informed that no action was required at this time and any
future action would depend on the decision by the Court of Appeals.
Richards told counsel that immediately upon a judgement by the Court the
Council should be so advised, together with the arguments pro and con as to
further action.
Mayor
No formal action was taken by the Council and no other business was discussed.
Mayor Richards declared the meeting adjourned at 6:25 P.M.