Res 1998 - 73 Approving Settlement & Authorizing Payment Thereof.,
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 98-73
RESOLUTION APPROVING SETTLEMENT AND AUTHORIZING PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of Mendota Heights,
Minnesota as follows:
Section 1. Background
1.1. The City of Mendota Heights (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 area
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 fihe dafendant cities in accordance with Attachment One ta this Resolufiion,
which allocation is the same as that used for costs and damages previously
awarded by the Caurt, and which allocation the Councii finds to be fair and
reasonable.
Section 2. Approvals and Authorizatians.
2.1. Settlement of the cases for the total payment a# Fifteen Thausand
Dollars ($15,q00) plus damages, costs and fees previously awarded by the Court is
appraved, cantingent upon fiirst securing fram the Court a total dismissal of the
case with prejudice.
2.2. The City consents and agrees to payment of its share of such
settlement in accordance with the ailocation set forth in Attachment Qne.
2.3. The City of Mendata Heights and MPRS are acathorized and directed to
make payment for the City's share of such settlement upon notificafiion from legal
counsel that final settlament has been reached and dismissal has been secured.
2.4. This resoiution does not amend any previous agreement among the
defendant cities for allocation of damages, costs, disbursements, plaintiffs'
attorneys fees, defense costs and defenciants' attorneys fees.
Adapted by the City Cauncil af the City of Mendata Heighfis this 6th day af
October, 1998.
CITY COUNCiL
CITY OF MENDOTA HEIGHTS
gy �-� � �''j.,�'-.�
Charles E. Mertensotto
Mayar
ATTEST:
� ���
athieen M. Swanson
City Clerk
.A.P�0�7.'ZOIeTI�NT O�'
PROYOSED SETTLEMENT
. �� �� � �
-�
Anoka
Apple Valley
Blaine
Bloomington
Brooklyn Cantar
Szooklyn Park
Chaska
Columbia Heights (inc. H�illtop)
Coon Rapids
Cottage Grove
Crystal
Faribault
Fridley
Golden Valley
Hastings
Inver Cirovs Heights
Mendota Heights (ina. Lilydale
and Mendota)
New Brighton
�'ew Hope
New Ulm
North St.1'aul
Oe.�cdal,e
Orona (inc. Long Lake, Mtka.
Beach and Spring Park)
Plymouth
Prior Lake
Raxnsey
Rcdwood Falls
Robbinsdale
Rosemount
Rosev:ale (:uxc. �alcotz
Heights and Lauderdsle)
St. Anthony
St, James
Savage
Shakopee
Wayaata
Woodbury
�
2.20%
�,15
4.3 8
8.71
3.23
6.01
1.7$
2.41
6.07
2.97
2.79
2,3.9
3.21
2.53
2.07
2.84
1.61
2.66
2.60
1.82
1.75
2.6 .4
1.65
5, 73 .
1.69
" 1.gR
"1.02
1.51
1.54
4.3 ]
1.31
0.97
� .'17
1.75
0 92
2.98
$ 330,00
622,50
657.00
1,306,50
484.50
901.50
267.00
361,50
910.50
4r15,50
418.50
343,50
481,50
379.50
310.50
426,00
241.50
399.00
390,00
273.00
262.50
396.00
247.50
859.50
253.50
282.00
153,00
286,50
231.00
64b.50
196.50
145.50
265.50
262.50
I 3 8.00
447.00
ATTACHMENT QNE