A court hearing has been set for Friday, February 23, 2024 in the case of former Fair Meadow Nursing Home Administrator Angela Leiting versus the City of Fertile and its Mayor, Daniel Wilkens.
The hearing on February 23 will be via Zoom video conference before Judge Jeff Remick. At the hearing, Sarah Jewell, Leiting’s attorney, will seek an order for summary judgment against the City of Fertile and Mayor Daniel Wilkens for violations of Minnesota’s Open Meeting Law.
According to a recent advisory opinion issued by the Minnesota Department of Administration dated October 3, 2023, Opinion #23-004, “the City of Fertile did not comply with the Open Meeting Law when it held closed meetings on January 24, 2023; February 24, 2023; May 22, 2023; and June 12, 2023, pursuant to Minnesota Statutes, section 13D.05, subdivision 2(b) after the council determined discipline may be warranted against X and discussed issues beyond the scope of the closure required by this section.”
In addition, the Minnesota Department of Administration also opined that “The City of Fertile did not respond appropriately to a June 29, 2023 data request from a data subject pursuant to Minnesota Statutes, section 13.04, when it did not respond within 10 business days.”
The City of Fertile’s attorney, Kendra Olson, filed a motion to dismiss for the same hearing date of February 23, 2024. The City will be asking the court to dismiss Leiting’s claim against the City alleging violations of the Minnesota Open meeting Law claim and will seek dismissal of Leiting’s claim of Negligent Infliction of Emotional Distress. That claim arose out of Leiting’s allegation of wrongful termination of employment, as the (former) Fair Meadows Nursing Home Administrator.
Polk County Justice Center
