RESOLUTION [APPROVING/DISAPPROVING] LITIGATION SETTLEMENT

Committee Status: 
Approved
Budget Status: 
Budgeted
Decision Impact: 
Major
FTE Impact: 
No
Funding Source: 
Other (see budget status)

Purpose

Authorize or reject litigation settlement in BNR litigation

Background

On November 3, 2017, the Baraboo News Republic newspaper filed suit against Sauk County seeking access to records the County declined to release. On November 8, 2017, County staff notified an agent for Wisconsin County Mutual Insurance Corporation of the suit. On November 13, 2017, the insurance company agent directed attorneys from the Axley-Brynelson law firm to defend the County against the claims. Between November 13, 2017 and September 14, 2018, the Axley attorneys led the County defense through a variety of activities, including a summary judgment hearing on September 14, 2018. On December 14, 2018, Circuit Court Judge Mark Slate issued a decision based on the September summary judgment hearing and ruled for the newspaper and against the County on certain contested issues. Since then, the County and newspaper have reached tentative agreement on steps to resolve the records requests that all participants acknowledged would require submission to and approval by the full Sauk County Board. The remaining issue, newspaper attorney fees, is unresolved and, if settlement without further litigation is desired, County Board direction and approval is necessary for all litigation issues, including attorney fees.

Resolution Body

NOW, THEREFORE, BE IT RESOLVED, by the Sauk County Board of Supervisors, met in regular session, that settlement of the pending litigation between the Baraboo News Republic and Sauk County is

 

[rejected and defense litigation, retroactive to November 13, 2017, is authorized]

 

[approved and the County Board Chair is authorized to execute a settlement agreement on behalf of Sauk County in accordance with the approved terms]

 

For consideration by the Sauk County Board of Supervisors on April 23, 2019.

 

Respectfully submitted,

 

EXECUTIVE & LEGISLATIVE COMMITTEE

 

 

_________________________________                  _________________________________

peter vedro, Chair                                              WILLIAM HAMBRECHT

 

 

_________________________________                  _________________________________

WALLY CZUPRYNKO                                             THOMAS KRIEGL                                   

 

 

_________________________________                 

DAVID RIEK

 

 

Fiscal Note:  Potential fiscal impact.

MIS Note:   No information systems impact

Requested Board Review Date: 
Tuesday, May 21, 2019
Committee Review 1: 
Pending