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<br />r! <br /> <br />:= <br /> <br />CITY OF NEW BRIGHTON <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />RESOLUTION NO. 96 - 01 3 <br /> <br />RESOLUTION APPROVING ALLOCATION OF DAMAGES AND AUTHORIZING <br />PAYMENT THEREOF <br /> <br />BE IT RESOLVED by the City Council of the City ofN ew Brighton, Minnesota as fol1ows: <br /> <br />Section 1. Back&round. <br /> <br />1.1. The City of New Brighton (hereinafter referred to as the "City") is a defendant in <br />the cases of Starks v.Minneapolis Police Recruitment System, .rtJ!L Hennepin County District <br />Court File No. EM93-219, and Fields v. Minnesota Police Recruitment System, ~ District <br />Court File No. EM93-218. <br /> <br />1.2. The Court has concluded in said actions that the defendants violated Minnesota <br />Statutes, Chapter 363, the Minnesota Human Rights Act, in the administration of the <br />Minnesota Police Recruitment System (MPRS) testing process for entry level police officers' <br />employment screening and that defendants are obligated to pay certain damages and penalties. <br /> <br />1.3. In its order dated November 6, 1995, the Court determined that the defendant <br />cities are obligated to pay $156,688 in damages for lost wages and emotional distress. <br /> <br />1.4. The Court has also determined that the MPRS, a joint powers organization of <br />which the City is a member, or was a member at the time the actions were commenced, is <br />obligated to pay each of the two plaintiffs punitive damages in the amount of$8,500. <br /> <br />1.5. The Court has not yet made a determination as to the award of plaintiffs' costs, <br />disbursements, and attorneys' fees. <br /> <br />1.6. The Court also determined that the unlawful discrimination by the defendants can <br />reasonably be remedied in part by paying a statutory penalty in the amount of$300,000 to the <br />state of Minnesota, or in lieu of such penalty establishing a reasonable minority race hiring <br />commitment satisfactory to the Court. In the event a hiring commitment is submitted to the <br />Court which is found to be satisfactory, it may be that the payment of a statutory penalty will <br />not be required. <br /> <br />1.7. The MPRS has proposed that the payment of monetary damages to the plaintiffs <br />described above in paragraph 1.3, punitive damages described above in paragraph 1.4 and <br />plaintiffs' costs, disbursements and attorneys' fees be allocated among the parties on the <br />following basis: <br /> <br />20% of such costs would be divided equally among the 36 city defendants. 80% of such <br />damages would be divided pro rata on the basis of the population served by the cities' police <br />departments as of the time the actions were commenced in January of 1993. Such population <br />