HomeMy WebLinkAboutResolution 98-86 RESOLUTION NO. 98- 86
RESOLUTION APPROVING SETTLEMENT
AND AUTHOI~'.~IG PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota,
(City) as follows:
Section 1. Backaxound.
1.1
The City of Columbia Heights (hereinafter referred to as the "City") is a defendant
in the cases ofStarks 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
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.
1.3
The City has previously approved a formula for the allocation of costs and
damages among the defendants.
1.4
The order of the Court also requires ongoing reporting to the Court of information
about all written tests used by the City for police officer selection until January 1,
2004.
1.5
The Council has been presented with a proposal for settlement of these cases under
which the defendant cities would collectively pay the sum of Fifteen Thousand
Dollars ($15,000) in addition to damages, costs, and fees previously awarded by
the Court if counsel for plaintiffs and defendant are successfiil in securing a
complete dismissal of the cases.
1.6
The Council has determined that it is in the public interest to settle the cases to
avoid the administrative burden, commitment of staff resources, attorneys' fees
and costs associated with ongoing reporting to the Court.
1.7
The MPRS has proposed that payment of the settlement be allocated among the
defendant cities in accordance with Attachment One to this Resolution, which
allocation is the same as that used for costs and damages previously awarded by
the Court, and which allocation the Council finds to be fair and reasonable.
Section 2. A_~0rovals and Authoriz~tjgns
2.1
Settlement of the cases for the total payment of Fffieen Thousand Dollars
($15,000) plus damages, costs and fees previously awarded by the Court is
approved, contingent upon first securing from the Court a total dismissal of the
case with prejudice.
2.2
The City consents and agrees to payment of its share of such settlement in
accordance with the allocation set forth in Attachment One.
2.3
The City Manager and Finance Director are authorized and directed to make
payment for the City's share of such settlement upon notificatiOn frOm legal
counsel that final settlement has been reached and dismissal has be-~-~ secured.
2.4
This resolution does not amend any previous agreement among the defendant cities
for allocation of damages, costs, disbursements, plantiffs' attorneys fees, defense
costs, and defendants' attorneys fees.
Adopted by the City Council of the City of Columbia Heights this 28~ day of September,
1998.
Offered by: Rue t t i. mann
Seconded by: Peterson
Roll Call:
A11 ayes