Leiting Vs Fertile Update

Here’s an update to a story R&J News has been following.  A special master appointed in the litigation between the City of Fertile, Fertile Mayor Dan Wilkens and Fair Meadow Nursing Home against former Fair Meadow administrator Angie Leiting has issued a ruling regarding several documents in the case.

You’ll remember Leiting was forced to resign by the Fertile City Council in June of 2023.  Her lawsuit against Wilkens, the City of Fertile and Fair Meadow Nursing Home charges age and gender discrimination, intentional and negligent infliction of emotional distress, violations of Minnesota’s Open Meeting Law and civil penalties.

There have been questions about documents produced in the case and redactions in those documents.  This is why a special master, Retired Judge Gerald Seibel, was appointed back in September to settle these disputes.  

On Tuesday, Seibel ruled that the City of Fertile will pay 70 percent of the cost of the special master, rather than 50 percent, through December 16.  In his ruling, Seibel said defense counsel actions contributed to the time involved in addressing the issues.  He also said personnel data such as employee names and payroll information is considered public data.  The City had redacted that information.

Seibel also said the City has not met its burden to show that information from three closed meetings in 2023 should not be disclosed.  Leiting is to receive that information in unredacted form.

Seibel also chided attorneys on both sides, expressing “disappointment that counsel couldn’t resolve these issues on their own”, adding the lack of communication and cooperation between legal counsel has contributed to the cost and delay of this litigation.

The next scheduled hearing is a scheduling conference on December 16 in Polk County Court.