HomeMy WebLinkAboutResolution 96-27 RESOLUTION NO. 96-27
RESOLUTION APPROVING ALLOCATION OF DAMAGES
AND AUTHORIZING PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of Columbia
Heights, Minnesota (City) as follows:
Section 1. ~
1.1 The City of Columbia Heights (hereinafter referred to as
the "City") is a defendent in the cases of Starks v.
Minnesota Police Recruitment System, et.al.; Hennepin
County District Court File No. EM93-219, and Fields v.
Minnesota Police Recruitment System, et.al.; District
Court File No. EM93-218.
1.2
1.3
The Court has concluded in said actions that the
defendants violated Minnesota Statutes, Chapter 363, the
Minnesota Human Rights Act, in the administration of the
Minnesota Police Recruitment System (MPRS) testing
process for entry level police officers employment
screening and that defendants are obligated to pay
certain damages and penalties.
In its order dated November 6, 1995, the Court determined
that the defendant cities are obligated to pay $156,688
in damages for lost wages and emotional distress.
1.4 The Court has also determined that the MPRS, a joint
powers organization of which the City is a member, or was
a member at the time the actions were commenced, is
obligated to pay each of the two plaintiffs punitive
damages in the amount of $8,500.
1.5 The Court has not yet made a determination as to the
award of plaintiffs' costs, disbursements, and attorneys'
fees.
1.6 The Court also determined that the unlawful
discrimination by the defendants can reasonably be
remedied in part by paying a statutory penalty in the
amount of $300,000 to the State of Minnesota, or in lieu
of such penalty establishing a reasonable minority race
hiring commitment satisfactory to the Court. In the event
a hiring commitment is submitted to the Court which is
found to be satisfactory, it may be that the payment of
a statutory penalty will not be required.
1.7
The MPRS has proposed that the payment of monetary
damages to the plaintiffs described above in paragraph
1.3, punitive damages described above in paragraph 1.4
and plaintiffs' costs, disbursements and attorneys' fees
be allocated among the parties on the following basis:
20% of such costs would be divided equally among the 36
city defendants. 80% of such damages would be divided pro
rata on the basis of the population served~by the cities
police departments as of the time the actions were
commenced in January of 1993. Such population would be
determined on the basis of Metropolitan Council estimates
for cities in the metropolitan area. For communities
outside of the metropolitan area the population would be
determined by the State Demographer's estimates. For
communities with service contracts under which police
service is provided to other municipalities, the
populations of such other municipalities would be
included in the computation of population served.
Section 2.
Findings
2.1
2.2
It is in the best interest of the City to reach mutual
agreement on the allocation of damages.
The allocation proposed by the MPRS is found to be fair
and reasonable, and consent thereto is in the best
interest of the City.
Section 3.
Approvals and Authorizations.
3.1
3.2
3.3
3.4
The allocation for payment of damages, penalties, costs,
disbursements and attorneys' fees described above is
hereby approved.
The City consents and agrees to payment of its share of
such damages, penalties, costs, disbursements and
attorneys' fees in accordance with the allocation formula
described above.
The City Manager is authorized and directed to make
payment for the City's share of final judgement of such
expenses in accordance with the agreed upon allocation.
This resolution does not amend any previous agreement
among the defendant cities for allocation of defense
costs and defendants' attorneys fees; and nothing herein
shall be deemed to be an agreement as to allocation of
any statutory penalties which may be awarded in the
future.
3.5
This resolution constitutes only an agreement between and
among all cities which are defendants in the above-
referenced actions which consent and agree to the
allocation formula described above by adoption of
substantially similar resolutions. Nothing herein shall
be deemed an admission of responsibility or a liability
in any action for contribution by any city which has not
consented to such allocation or a waiver by the City of
any rights, claims, demands, or causes Of action for
contribution by the City against any city which has not
agreed to such allocation.
Adopted by the City Council of the City of Columbia Heights
this 26th day. of February, 1996.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
All ayes
/
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~Secretary
Sturdevant