HomeMy WebLinkAbout3.d. Updates from City Council/StaffPiekarski Settlement Agreement Enforcement
The following is the course of actions that would need to be followed to enforce the signed
Settlement Agreement between the City and Mr. Piekarski if Mr. Piekarski does not choose to
voluntarily comply.
• File a summons and claim with the court and serve on Mr. Piekarski. The work to create the
summons should be minimized because it will be similar to the summons file against Mr.
Piekarski in 2009.
• Mr. Piekarski has 20 days to respond.
• Request a temporary and permanent injunction from the court and schedule a motion
hearing.
• The court will schedule a hearing based on the the court's calendar. Injunction proceedings
get some priority with the Court, but there is some discretion based on the "emergency"
nature of the action. Motion papers must be filed 14 days before the scheduled hearing.
Mr. Piekarksi would be required to respond 7 days before the scheduled hearing.
• At the hearing, the judge will review the matter and hear arguments and determine if there
are any fact disputes between the parties regarding non - compliance with the agreement. If
there are no fact disputes and the City's evidence shows non - compliance, then the judge
can issue both the temporary and permanent injunction. If it appears that the City's
evidence shows there is non - compliance, but there are some fact disputes about the
evidence, then the judge may grant a temporary injunction but order a trial to review the
evidence and determine if a permanent injunction is warranted.
• The City Attorney's work through the initial motion hearing is estimated to be between
$4,000 and $5,000.
• If a trial is needed to seek the permanent injunction, that work is estimated to be another
$4,000 to $5,000.
• If the City were granted the permanent injunction and in the future Mr. Piekarski were to
violate the permanent injunction, then the City could request that the Court find Mr.
Piekarski in contempt of court.
• The same motion hearing schedule noted above would apply for a contempt hearing.
• The court normally considers contempt of court cases a higher priority than other types of
case.
• Given the court process and scheduling, it could be several months before some type of
result it reached.
373196v1 MDT RS220 -299
,� k
[f hie
In- person
TOTAL Pct.1
Pct.2
Pct.3
Pct.4
Pct. SA
Pct. 5B Pct.6
(j
0
Votes cast
1,861
470
415
342
223
116
86
209
Rosemount City Council
Times counted
1,861
470
415
342
223
116
86
209
Times overvoted
0
0
0
0
0
0
0
0
Times blank voted
212
54
44
43
12
16
14
29
Under votes
281
54
77
56
31
17
8
38
DeBettignies
757
190
150
150
100
55
30
82
Ellefson
219
60
60
40
16
14
10
19
Judy
558
152
117
97
80
23
27
62
Kurle
340
85
83
51
56
13
19
33
Shoe - Corrigan
844
199
192
160
108
65
32
88
Winsor
299
92
63
44
31
13
18
38
Spoiled ballots
121
22
34
24
20
7
6
8
Nbr registered 7am
12,723
2,789
3,020
2,445
1,390
731
715
1,633
Registered on elect
149
42
36
18
23
8
7
15
Total nbr voting
1,862
470
416
342
223
116
86
209
Absentee
Pct.1
Pct.2
Pct.3
Pct.4
Pct. SA
Pct. 5B Pct.6
Votes cast
116
26
21
21
19
7
4
18
Rosemount City Council
Times counted
116
26
21
21
19
7
4
18
Times overvoted
0
0
0
0
0
0
0
0
Times blank voted
9
0
4
1
1
1
0
2
Under votes
12
2
2
4
2
0
0
2
DeBettignies
60
16
9
11
12
2
2
8
Ellefson
16
5
3
3
3
0
1
1
Judy
29
7
6
7
3
2
1
3
Kurle
21
5
1
1
6
3
2
3
Shoe - Corrigan
59
12
10
11
30
4
2
10
Winsor
17
5
3
3
0
1
0
5
Spoiled ballots
0
0
0
0
0
0
0
0
Nbr registered 7am
0
Registered on elect
2
1
0
0
0
0
0
1
Total nbr voting
116
26
21
21
19
7
4
18
TOTAL (in person plus absentee)
Pct. 1
Pct. 2
Pct. 3
Pct. 4
Pct. 5A
Pct. 56 Pct. 6
Votes cast
1,977
496
436
363
242
123
90
227
Rosemount City Council
Times counted
1,977
496
436
363
242
123
90
227
Times overvoted
0
0
0
0
0
0
0
0
Times blank voted
221
54
48
44
13
17
14
31
Under votes
293
56
79
60
33
17
8
40
DeBettignies
817
206
159
161
112
57
32
90
Ellefson
235
65
63
43
19
14
11
20
Judy
587
159
123
104
83
25
28
65
Kurle
361
90
84
52
62
16
21
36
Shoe - Corrigan
903
211
202
171
118
69
34
98
Winsor
316
97
66
47
31
14
18
43
Spoiled ballots
121
22
34
24
20
7
6
8
Nbr registered 7am
12,723
2,789
3,020
2,445
1,390
731
715
1,633
Registered on elect
151
43
36
18
23
8
7
16
Total nbr voting
1,978
496
437
363
242
123
90
227
Total registered
12,874
2,832
3,056
2,463
1,413
739
722
1,649
"Turnout"
15.36%
17.51%
14.30%
14.74%
17.13%
16.64%
12.47%
13.77%