HomeMy WebLinkAbout96-09 RESOLUTION 96-09
)N APPROVING ALLOCATION OF DAMAGES AND AUTHORIZING
PAYMENT THEREOF WITH RESPECT TO MPRS LAWSUIT
MOTION BY:
Mader SECOND BY: Kedrowski
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
The City of Prior Lake (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; and
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; and
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; and
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;
and
The Court has not yet made a determination as to the award of plaintiffs' costs,
disbursements, and attorney' fees; and
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; and
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: 20% of such costs would be divided equally among the 36 city
defendants. 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
RES9609.DOC
16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 populations of such other municipalities
would be included in the computation of population served.
WHEREAS,
It is in the best interest of the City to reach mutual agreement on the allocation of
damages, and
WHEREAS, The allocation proposed by the MPRS is found to be fair and reasonable, and consent
thereto is in the best interest of the City.
NOW THEREFORE, ON THE BASIS OF THE PREMISES, BE IT RESOLVED BY THE CITY
COUNCIL OF PRIOR LAKE as follows:
1. The allocation for payment of damages, penalties, costs, disbursements and attorneys' fees described
above is hereby approved.
2. The City consents and agrees to payment of its share of such damages, penalties, costs,
disbursements and attorneys' fees.in accordance with the alloclation formula described above, and;
3. The City Manager is authorized and directed to make payment for the City's share of final judgment
of such expenses in accordance with the agreed upon allocation.
4. This Resolution does not amend 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.
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.
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 of action for contribution by the City against any city which has
not agreed to such allocation.
Passed and adopted this 20th day of February, 1996.
{Seal}
YES
Andren X Andren
Greenfield Absent Greenfield
Kedrowski X Kedrowski
Mader X Mader
Schenck
NO
Absent Schenck _
RES9609DOC