Res 1996-14 COC t
RESOLUTION NO. 14 - 1996
RESOLUTION APPROVING ALLOCATION OF DAMAGES AND
AUTHORIZING PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of Fridley as follows:
Section 1. Background
1.1. The City of Fridley (hereinafter referred to as the "City") is a defendant
in the cases of Starks versus Minneapolis Police Recruitment System, et
at. ; Hennepin County District Court File No. EM93-219, and Fields versus
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. In its order dated November 6, 1995, the Court determined that the
defendant cities are obligated to pay $156,688 in damages for lost wages
and emotional distress.
1.4. The Court has also determined that the MPRS, a joint powers organization
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 $8,500.
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 paying a statutory
penalty in the amount of $300,000 to the State of Minnesota, or in lieu
of such penalty establishing a reasonable minority race hiring commitment
satisfactory to the Court. In the event a hiring commitment is submitted
to the Court which is found to be satisfactory, it may be that the payment
of a statutory penalty will not be required.
1.7. The MPRS has proposed that the payment of monetary damages to the
plaintiffs described above in paragraph 1.3, punitive damages described
above in paragraph 1.4 and plaintiffs' costs, disbursements and attorneys'
fees be allocated among the parties on the following basis:
Twenty percent (20%) of such costs would be divided equally among the 36
city defendants, eighty percent (80%) of such damages would be divided pro
rata on the basis of the population served by the cities police
departments as of the time the actions were commenced in January of 1993.
Such population would be determined on the basis of Metropolitan Council
estimates for cities in the metropolitan area. For communities outside
of the metropolitan area the population would be determined by the State
Demographer's estimates. For communities with service contracts under
which police service is provided to other municipalities, the population
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of such other municipalities would be included in the computation of
population served.
Section 2. Findings.
2.1. It is in the best interest of the City to reach mutual agreement on the
allocation of damages.
2.2. The allocation proposed by the MPRS is found to be fair and reasonable,
and consent thereto is in the best interest of the City.
Section 3. Approvals and Authorizations.
3.1. The allocation for payment of damages, penalties, costs, disbursements and
attorneys' fees described above is hereby approved.
3.2. The City 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 Mayor and the City Manager are authorized and directed to make payment
for the City's share of final judgement of such expenses in accordance
with the agreed upon allocation.
3.4. This resolution does not amend any previous agreement among the defendant
cities for allocation of defense costs and defendants' attorneys fees; and
nothing herein shall be deemed to be an agreement as to allocation of any
statutory penalties which may be awarded in the future.
3.5. This resolution constitutes only an agreement between and among all cities
which are defendants in the above-referenced 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 a waiver by the
City of any rights, claims, demands, or causes or action for contribution
by the City against any city which has not agreed to such allocation.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF
FEBRUARY, 1996.
WILLIAM J. - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY/CLERK
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