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HUilUTES
OF TEE Cu)SED SPECIALHEETIXG OF TEE
ED= CITP COUNCIL HELD AT CITY HAIJ..
019 FEBBULLBY 6, 1995, AT 6:40 P.M.
ROLLCALL Answering rollcall were Members Kelly, Maetzold, Smith and Mayor
Richards. Member Paulus entered the meeting following rollcall.
Staff present were Manager Rosland, Assistant to Manager Smith, Assistant Manager
Hughes, Chief Bernhjelm and Clerk Daehn. Attorney Kenneth Gleason, with the firm
of Mahoney, Dougherty and Mahoney and retained by the City's insurance company,
was also present.
Mayor Richards stated that the purpose of this special closed meeting was to
discuss a pending settlement of the Cheryl Lynn Byrne v. Billie Dwight Moir,
et al. lawsuit which has been brought in U.S. District Court.
Assistant to Manager Smith explained that the meeting was called for the
following reasons: 1) because the proposed settlement amount falls within the
City's deductible it must be approved by the Council, and 2) because of the
confidentially agreement in the release document.
Attorney Gleason briefly reviewed the circumstances of the event on November 9,
1993, on which Ms. Byrne based her allegations and subsequent litigation against
the police officers. He advised Council that although the police officers deny
any improper conduct, defense of the claim would be extremely expensive because
of the plaintiff's past history and for that reason only he would recommend
settlement in release of all claims.
officers understood the economics involved and have approved the proposed
settlement reluctantly.
For the record, Mayor Richards recalled that Attorney Jim Schloner had appeared
at the Council meeting of January 3, 1995, and had said that he had pertinent
information concerning the plaintiff. He was told at that time that the lawsuit
was being handled by the City's insurer.
contacted and was extended the offer to present information to the Council at
this meeting if he so chose. Mayor Richards said that Mr. Schloner has opted not
come and discuss this matter any further.
.
Attorney Gleason noted that the police
Subsequently, Mr. Schloner was
Concern was expressed by the Council Members as to what would be placed in the
officers' personnel files and any negative affect imposed upon the officers
because of the proposed settlement.
that would go into the officers' files and'what would be public data.
that an internal investigation of the matter concluded that the complaint was
unfounded.
settlement is approved the Department's files should clearly document the fact
that the settlement was offered purely for economic reasons.
Chief Bernhjelm explained the documentation
He noted
It was the consensus of the Council Members that if the proposed
Member Kelly made a nmtiun to approve the pament of $2,500 in settlement of the
litigation brought by 9. Bprne. Motion was seconded by Member Maetzold.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
No other business
meeting adjourned
was discussed
at 6:57 P.M.
or action taken. Mayor Richards declared the
City Clerk
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