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TO: <br />FROM: <br />DATE: <br />SUBJECT: <br />Mayor and City Council <br />Ron Moorse, City Administrator <br />February 2, 1993 <br />Joint Defense of the Lawsuit Brought Against^^^2he <br />Minnesota Police Recruitment System and its Member Cities <br />The City of Orono is a member of the Minnesota Police Recruitment <br />System and has been named as a defendant in two concurrent lawsuits <br />alleging the Minnesota Police Recruitm.ent System's testing process <br />is discriminatory. The Minnesota Police Recruitment System <br />provides police officer candidate testing for 36 cities in <br />Minnesota, most of which are in the Metro Area. The MPRS is not a <br />private firm but rather is a joint powers entiry made up of the <br />member cities. After much discussion regarding how best the MPRS <br />and the member cities could defend themselves in these suits it was <br />determined that it would be most cost effective to select one law <br />firm to jointly represent the MPRS and the member cities. <br />The law firm of iio:mes and Graven serves as general counsel for the <br />MPRS. As such they are familiar with the MPRS testing process and <br />have already done a significant amount of work related to the <br />lawsuits. The MPRS Board, which is made up of representatives of <br />each of the member cities, has voted to continue to have Holmes and <br />Graven represent MPRS in the lawsuits. Holmes and Graven has <br />indicaced they are willing to provide a joint defense for the <br />member cities. They have also indicated that the major issues <br />involved in the lawsuits are very similar for both the MPRS and tlie <br />member cities; and that the cost of providing for a joint defense <br />would not be significantly greater than the cost of d<=*fending the <br />MPRS. <br />The MPRS B »4rd has determined that the cost of defending J-he MPRS <br />in the la^f.iu ts, which would include the joint defense of any <br />member ci: choosing the joint defense alternative, would be <br />allocated to the member cities as follows: <br />1. Initial payment of $500.00 from each city. <br />2. Any additional costs to be shared among all member cities <br />on the basis of city population. <br />It is staff's recommendation that the city join in the joint <br />defense to be provided by Holmes and Graven. I have attached a <br />letter from Hclmes and Graven discussing conflict of interest <br />issues and other issues related to the joint defense; a joint <br />defense agreement; and a resolution authorizing Holme.s and Graven <br />to represent the City in tiiu lawsuits.