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CITY OF SEWARD, ALASKA
RESOLUTION NO. 95-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING A SETTLEMENT OF
THE KRASNANSKY V. CITY OF SEWARD LITIGATION
WHEREAS, at a special meeting held on April 20, 1995, the City Council authorized the city
clerk to offer the position of city manager commencing July 1, 1995, to Ronald A. Garzini; and
WHEREAS, at a special meeting held on April 24, 1995, the City Council adopted
Resolution No. 95-038, approving an employment agreement with Mr. Garzini to provide city
manager services to the City beginning July 1, 1995; and
WHEREAS, a lawsuit captioned Krasnansky v. City of Seward, Superior Court No. 3KN-
95-444, was brought against the City alleging, among other things, that the April 20 and 24, 1995
meetings of the City Council were held in violation of the Alaska Open Meetings Act, AS 44.62.310;
and
WHEREAS, the City provided notice of the April 20 and 24, 1995, special meetings of the
City Council in accordance with the City Code, but the Superior Court in the Krasnansky case ruled
that the notices were insufficient under the Alaska Open Meetings Act, in that the notices were not
given in sufficient time before the meetings and did not sufficiently describe the subjects to be
considered at the meetings; and
WHEREAS, to assure the validity of the contract authorized by Resolution No. 95-038, the
City Council conducted a substantial and public reconsideration of issues related to the recruitment
and selection of a new city manager, and based upon that reconsideration on August 28, 1995,
adopted Resolution No. 95-096, ratifying and confirming the employment agreement approved by
Resolution No. 95-038; and
WHEREAS, the City Council has been advised by counsel that the Superior Court would be
likely to determine that the plaintiff in the Krasnansky litigation was a prevailing public interest
litigant, and entitled to an award of attorney fees as such; and
WHEREAS, it is in the public interest that the Krasnansky litigation be resolved through
settlement to avoid the expenditure of additional City funds in defending the litigation, and the City
Council finds that the terms of settlement approved by this resolution are reasonable and in the public
interest; and
CITY OF SEWARD, ALASKA
RESOLUTION NO. 95-118
WHEREAS, the City Council is committed to permitting maximum public participation in
its proceedings, and to conducting those proceedings in accordance with applicable open meetings
requirements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The settlement of the litigation captioned Krasnansky v City of Seward, Superior
Court No. 3KN-95-444, outlined in the attached letter from the city attorney to plaintiff's counsel,
is hereby approved. The administration and the city attorney are authorized to take all actions and
execute all documents necessary to effect this settlement in an amount not to exceed $12,700.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 25th
day of September, 1995.
THE CITY OF SEWARD, ALASKA
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Dave W. Crane, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
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