HomeMy WebLinkAboutResolution 3688 ��
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b. - CITY of ORONO
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��� �G'� RESOLUTION OF THE CITY COUNCIL
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. _ ` ,, ;`.''. �tE�OL?UT��l`� A]PPROVIle1G ��-4.LLO�A'�ION O]E DAMA(:UES
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` BE IT IYESOLVED by the Lity t'.ouncil of the City of Orono, Minnesota (Ciry) as
, follows:
Section l. Back�round
1.1. ��The G'=ty�of O.ron.o°{here�nafter referre� to°as the C.ity.} is a de�en.dant i.rt fk�e.cases
• of Starlcs�v. �A�1in1,P,�ptilis.Police°°Recruitment:'Syste�n, °t �L::'Hennepin Counr.y District �,ourt
' File'No:`EN1�3-219, a:id Field, =✓.'�VSi:nnesota=Aolice.�Reciuitment Sy.stem, et al.; District C�ou�t
File No. Eiv193.218.
• i.2.' The Court has concluded in°sa,id actinns tnat the�.defendants viol��ted Ivlinneso�
.: :Sta.tutes, Chapter.363, the,Minneseta�?�uman Rights Act, in the administration of the I�inri�:sata
Police Recniitment System (MPRS) testii�g�process for exitiy level police officers em�loym.ent
screening and that defendants are ohli�ated to pay certa;�� damages and penalties.
1.3. In its order dated November 6, 1:995, the Court determined that the defendant citit�s
are obligated to pay $156,688 in damages for lost wages and emotional distress.
1.4. The Court has also detennined that the MPRS; a joint powers �rganization 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,SOQ.
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 payin� a statutory penalty in the amount of �300,OG0 to the
state of IVlinnesota, or in lieu of such� penalty establishing a reasonable minority race hirin;
commitme�t satisfac�ory to the Court. In the event a hiring coinmitment is submitted to the
Court which is found to be satisfactoy, it may'be that the pay�ilen� of a statutory penalty will
not be required.
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�b. - C ITY of ORONO
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�'�L, G'ti RESOLUTION OF THE CITY COUNCIL
� �kESH04�' NO. 3 6 8 8
. .. :.1:7..'Tlie-�.NIPRS�.has=°pr.oposed`that�the'payrnent.of nlor�etary.:��mages to�:�he� plaintiffs � . f.
. ��:t�•. :nc�esci•ibed<:abo��e�.in�paragrapYi 1.3;�punitive dama�es;descrYbPd"ab�ve in:p.aragraph 1.4. and
�••�.,:�:pi�a�nriffs;•-,:c�osts,d�d�isbursements•and� a�torneys' -fees�.be :ailocateci.` am�ng :the:parties ,'on the =
.. :;.:fol:lowing basis:
� 20% of such°costs would be divided equally,amon;�the 36 city defendants, 80% of such . . :a
, damages would be divided pr� rata on the basis of the population ser-ved by the cities police
departmPnts as of°the time the actions were cc,inmenced in January of 1993. Such population
would be determined on the basis of MetropolYtan Council estima�es for cities in the metropolitan ,
�-:..area. Fo.r. coinml�nities outside o.f the metropolitan area 1i�poP�slation would be,determined by ;; ,
° � � 'R���'�,tile,`�tate:T�emo�rapi�er's estirnates. :rox•cammu.iuties'with:se��a�i�e�c:onzr�cts�uneler-�w��icl�police ,� ,
• • �������"":`ser�,i�e`i�s�pi�v`�c�e��i'to:otller;�inuriicipalities;'thefp�pulatioi.� of-°si�c'h'otlier:�riuni�ipaliti�s svc�uld .
. ';�.��i�1 •';`��?be•iilclu�ed5i�i°tr:erc�inputation'.of popuia�ion serv�d.
.�.Sec: 2. : ....Findings.
• - � � �� '- =:' °in°the°best interest of the Gi �to,-.reach:znutual.a,�re�ment on,the zllocation of , , .
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uamages.
2.2. The allocation proposed by the MPRS is found to be fair and reasonaole, and
consent thereto is in the best interest of the City.
Sec. 3. Approvals and Authorizations.
3.1. The allocation for payment of dama�es, penalties, costs, disbursements and
attorneys' fees described above is hereby approved.
3.2. The Cit�� 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. �
3.3. The t�it�� Administrator and Finance Director are authorized and directed to make
payment for the City's share of final judgement of such exgenses in accordance with the agreed
upon allocation.
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�6. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
���kE H�g'�� NO. 3 6 8 8
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• >.'3�.4.�'ThYS:resol.ution.�does not�amend:any��previous agreement�arnong the defendant cities
. . .� �far•'allocation•.of.defense:costs and,defenclanCs' =attor.neys�fees;'.'and:nothing, hereiil shall be �
' � �°deemed'to°be`an°�agreeinent�as�to.allocation�of any�statntory penalties`�vhich may be awarded in
.. .the future.
� ' 3.5: •Tliis resolution constitutes only an agre��ment between and'among all cities which .
are defendants in the above-refcrenced 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 � waiver by the City of any rights,. claims, demands, or � . _
• . . •:••.causes of,aetion for-.contr.ibution by the�City ag�inst any ciry whi��;h has :riat agreed to such � .
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allocation.
.:�'Adopre�d°°by.tlie'City Council of the City-`of Orono�, this 26�°day��f°FeUruary, 1996.
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ATTEST: Gabriel Jabbour; Acting Mayor
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Linda S . Vee, 'Deputy Clerk
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