Res 1998-66 RESOLUTION NO. 66 - 1998
RESOLUTION APPROVING SETTLEMENT AND
AUTHORIZING PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of Fridley,
Minnesota, 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 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 (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, 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.
Page 2 - Resolution No. 66 - 1998
00148
Section 2 . Approvals and Authorizations .
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 City Finance Director 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.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 28TH DAY OF SEPTEMBER, 1998 .
I
412142-"V . %0R. NSON - MAYOR
ATTEST:
-11 if
DE RA A.SK GEN -. CITY CLERK.