Posted: May 15, 2020
Rapid City
Agenda Item Summary

Agenda Item Ref. #: CC051820-04 Darren Haar Settlement Agreement

Agenda Item Title:

Authorize Mayor and Finance Officer to sign Settlement Agreement with Darren Haar.

Origination Group:
City Council
Origination Meeting Date:
05/18/2020
Petitioner:
Darren Haar
Staff Contact:
Joel Landeen
Agenda Item Summary:
Darren Haar, President of the Airport Board, has requested the City pay the legal fees he incurred arising out of the allegations made against him by former Alderman Lisa Modrick and his subsequent Code of Conduct complaint against her. Members of the Airport Board have discussed reimbursing Mr. Haar for his fees, but since Mr. Haar is a member of the Board, I thought it would be better if the decision were made by the City Council. This also allows us to make the payment out of the Liability Fund which is in good shape and avoid an additional expense to the Airport Enterprise Fund which is being impacted by the current health crisis. In my opinion, it is also better to have the Council approve any reimbursement of his fees as part of a global settlement with the City to foreclose any future claims arising out of this incident.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center
Funding Source & Fiscal Impact Notes:
Mr. Haar’s attorney fees will be paid out of the City’s liability fund. I have discussed the payment with the Finance Office and there is no concern with paying this out of the fund.

Recommendations:

Origination Recommendation Action:
Approve
Origination Recommendation Notes:
Based on the outcome of the Code of Conduct hearing against Lisa Modrick, the payment appears to be justified.
City Council Options:
You can approve or deny. The question the Council needs to decide is whether or not an unpaid volunteer should be expected to pay legal fees that were directly incurred as a result of his position on the Airport Board. If you deny the payment of the fees, it could leave board members feeling like they are on their own if something unfortunate occurs and could have a negative impact on people serving on similar boards in the future.

Attachments & Links to Download:

  pdf Haar Settlement Agreement (64 KB)

Login Form