Those named in closed records case advised they may personally liable if there a penalties levied

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Clinton City officials and former city officials involved in a lawsuit filed by a citizen’s group over some  closed meeting records are being advised that they could be personally liable IF there are any penalties or attorney’s fees levied in the case.

The communication was issued by the city’s acting legal counsel, John Frey.

KR0S NEWS has obtained a copy of the communication issued January 20th from one of those involved in the case, but will not be identified at this time.  The case is set for trial January 30th.

The lawsuit was filed by the American Civil Liberties Union on behalf of a local group known as Citizens for Open Government.  the sessions involved the e-m-s billing lawsuit that resulted in a settlement of the city paying the federal government 4-point-5*million dollars in the medicare-medicaid case.

A hearing late last year resulted in a closed door negotiation session but not settlement.  after that session one of the C-FOG members involved in the suit told the media that one of the issues was that the group wanted individuals to be responsible for any penalties.

The communication makes reference to those comments to the local media as one of the reasons for the notification.

The letter states that the city, through its insurer is providing a defense in the action and will resist imposition of penalties or personal liabilities upon any individual city officials or city employees.  The letter continued –however that the city insurance carrier has stated payment for penalties or attorney’s fees are not damages covered under the city’s policy.

The communication from the acting city legal counsel advises that those involved in the suit have a right to engage independent legal counsel to represent their interests.

The communication was issued to former City Attorney Jeff Farwell and City Clerk Pat Van Loo plus current and former elected officials Rodger Holm, Maggie Klaess, Mike Kearney, Bev Herman, Paul Gassman, Charlie Mulholland, Mark Vulich and Jennifer Graf.