HomeMy WebLinkAbout1998-173 CCRMember Kathleen Carmody introduced the following resolution and moved
its adoption:
RESOLUTION NO. 98-173
RESOLUTION APPROVING SETTLEMENT AND AUTHORIZING PAYMENT
THEREOF
BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota
(City), as follows:
Section 1. Background.
1.1. The City of Brooklyn Center (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, 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 (MFRS) 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, 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.
RESOLUTION NO. 98-173
Section 2. Approvals and Authorizations.
1
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 Manager and Mayor 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 been secured.
2.4 This resolution does not amend any previous agreement among the defendant
cities for allocation of damages, costs, disbursements, plaintiffs' attorneys fees, defense costs, and
defendants' attorneys fees.
September 28, 1998
Date
ATTEST:
City Clerk
Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
Robert Peppe
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Kathleen Carmody, Debra Hilstrom, and Robert Peppe;
and the following voted against the same: none ,
whereupon said resolution was declared duly passed and adopted.
APPORTIONMENT OF
PROPOSED SETTLEMENT
Cgramunily x=.000
Anoka 2.20% S 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, Mtka.
Beach and Spring Park) 1.65 247.50
Plymouth 5, 73 . 859.50
Prior Lake 1.69 253.50
Ramsey 1. R R . 282.00
Rcdwood 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 1.17 265.50
Shakopee 1.75 262.50
Wayzata 0.92 139.00
Woodbury 2.9.8 447.00
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ATTACHMENT ONE