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OML coverage itself,the other members would only be covered if their own cities have OML <br /> defense coverage. <br /> How does the OML defense cost reimbursement coverage work? <br /> The coverage is triggered when a lawsuit is served on the city official alleging a violation of the <br /> OML. If a lawsuit is filed during that term of the agreement,the city official has to do two things: <br /> notify LMCIT of the litigation,and select defense counsel. <br /> The OML coverage does not pay the legal costs on the city official's behalf.Instead,LMCIT will <br /> reimburse the city official for 100 percent of defense costs to a maximum of$50,000 after the <br /> official has incurred those costs.The city official remains responsible for paying his/her defense <br /> attorney,as well as any costs more than$50,000. <br /> The city official retains control of the litigation and decides what attorney to hire,whether to settle <br /> or compromise the litigation,whether to appeal,etc. <br /> Why provide coverage for this type of exposure? <br /> Several years ago the LMCIT Board recognized that defending an OML charge can cost a city <br /> official a lot of money.Defense costs are often the most significant financial consequence of these <br /> lawsuits.The statutory penalty of$300 might be relatively <br /> minor,but defense costs can easily run to thousands of <br /> dollars.And those costs are incurred whether or not the Learn More <br /> official is ultimately found to have violated the law. Read more about the open <br /> meeting law in: <br /> LMCIT Trustees recognize that many OML violations are <br /> inadvertent,and some may even occur on an attorney's • Meetings of City Councils <br /> advice.The Board also realized it's easy to make an '. Electronic Communications <br /> accusation of an OML violation,forcing the city council Between Councilmembers <br /> member to expend significant sums to defend him/her <br /> regardless of the merits of the allegation.The threat of <br /> litigation could even be used as a tactic to intimidate or coerce council members in some cases. <br /> Finally,the Board assumed that most council members try in good faith to comply with the law, <br /> but sometimes even best faith efforts are not enough to head off an OML lawsuit. <br /> Why should public funds be used to pay for defending someone who actually <br /> violated the OML?Doesn't this encourage city officials to violate the law? <br /> The law clearly defines penalties for violating the law.A violation carries a$300 civil penalty; <br /> potential loss of office for repeated violations; and possibly an order to pay the plaintiffs <br /> attorneys' fees if the court finds the individual intended to violate the law. <br /> If a city official has to pay for his/her own defense costs,the real monetary penalty to the <br /> individual can be many times greater than the penalty the legislature provided in the statute.How <br /> much defense costs are may not have much relation to how serious the violation was. <br /> 2 <br />