98-091 - 11-04 Approve Settlement Authorize PaymentResolution 98-91 November 4, 1998
Member introduced the following resolution and moved its adoption:
RESOLUTION APPROVING SETTLEMENT AND
AUTHORIZING PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (City)
as follows:
Section 1. Background.
1.1 The City of Golden Valley (hereinafter referred to as the "City") is a defendant
in the cases of Starks v. Minneapolis Police Recruitment System, et al.;
Hennepin County District Court File No. EM93-219, and Fields v. Minnesota
Police Recruitment System, ct 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
successful 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, attorney'
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.
Resolution 98-91 - Continued
Section 2. Approvals and Authorizations.
November 4, 1998
2.1 Settlement of the cases for the total payment of Fifteen 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 of Golden Valley is 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 been secured.
2.4 This resolution does not amend any previous agreement among the
defendant cities for allocation of damages, costs, disbursements, plaintiffs'
attorney's fees, defense costs and defendants' attorneys fees.
Mary E. Anderson, Mayor
ATTEST:
Shirley J. Nelson, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Resolution 98 -
APPORTIONMENT OF
PROPOSED SETTLMEENT
Community
%
X $15,000
Anoka
2.20
$330.00
Apple Valley
4.15
622.50
Blaine
4.38
657.00
Bloomington
8.71
1,306.50
Brooklyn Center
3.23
484.50
Brooklyn Park
6.01
901.50
Chaska
1.78
267.00
Columbia Heights (inc. Hilltop)
2.41
361.50
Coon Rapids
6.07
910.50
Cottage Grove
2.97
445.50
Crystal
2.79
418.50
Faribault
2.29
343.50
Fridley
3.21
481.50
Golden Valley
2.53
379.50
Hastings
2.07
310.50
Inver Grove Heights
2.84
426.00
Mendota Heights (inc. Lilydale and Mendota)
1.61
241.50
New Brighton
2.66
399.00
New Hope
2.60
390.00
New Ulm
1.82
273.00
North St. Paul
1.75
262.50
Oakdale
2.64
396.00
Orono (inc. Long Lake, Minnetonka Beach and Spring Park)
1.65
247.50
Plymouth
5.73
859.50
Prior Lake
1.69
253.50
Ramsey
1.88
282.00
Redwood Falls
1.02
153.00
Robbinsdale
1.91
286.50
Rosemount
1.54
231.00
Roseville (inc. Falcon Heights and Lauderdale)
4.31
646.50
St. Anthony
1.31
196.50
St. James
0.97
145.50
Savage
1.77
265.50
Shakopee
1.75
262.50
Wayzata
0.92
138.00
Woodbury
2.98
447.00
ATTACHMENT ONE