90-1828 r..._
`� � � � �.�� � � i I� �Counci l Fi le # �"���"
Green Sheet # � �.
RE .OLUTION
CITY OF SAIN PAUL, MINNESOTA
,� �
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Presented By
Referred To i Cortmittee: Date
_______— -----------------------------------------�________________________
A resolution approving a
settlement of $35,000 for all claims
resulting from the suit of Linden
Dahlen vs City of St. Paul and Johannes Huyen
RESOLVED, that upon he execution and delivery of a stipulation of settlement between Linda
Dahlen and the City of t. Paul and Johannes Huyen, and a stipulation of dismissal with prejudice
by Linda Dahlen, the pr per City officers are hereby authorized and directed to pay out of the Tort
Liability Fund, 09070-OS 1, to Linda Dahlen and her assignees the sum of $35,000 in full settlement
of all claims set forth in the complaint of Linda Dahlen vs City of St. Paul and Johannes Huyen,
court file number 47389 , and be it.
Further resolved that ch cks for the $35,000 settlement be issued as follows:
TO: Rahnhild A, estby, in the amount of $5,000.00
TO: Linda K. Da len, in the amount of $22,049.65
TO: Ragnhild A. estby, Trustee, in the amount of $7,950.35
�� �".�',
-_____________________ ____________________________________________________________________
_______________ ____ __ ______ _________
Yeas Na s Absent Requested by Department of:
Di�n �
Goswttz �
Lon '�.
Macca e �.
Rettman
T une �
Wilson �. BY�
Adopted by Council: D te OCT i 6 1990 Form A by City Attorney
Adoption Certified by Council Secretary BY: � �
BY' , Approved by Mayor for Submission to
�^� `9 ,; ��90 Counci t
Approved Mayor: ate ��,:,�', '1 .
�� �� ;�;r ��� /t//,.
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BY: ���1�,:,% %?l� '{�:� By: �
��i �:�`�':T� G�;-f ;% �� 13�U.
. . �
�yd ���
This settleme t involves the suit of Dahleen vs City of St. Paul
and John Huye . This was an action brought against both the City
and Hyuen cha ging them with reprisal because she had filed a
complaint wit the Minnesota Department of Human Rights.
As I indicat d on the attached green sheet, the liability is
slightly ques ionable but, none the less, possible. It is by no
means an ope and shut case for the City of St. Paul. This
obviously was aken into consideration in this settlement. Perhaps
more importan ly there are rather extensive damages involved if
plaintiff wer to succeed with any degree of liability. In fact,
if there was a y degree of liability at all found against the City
of St. Paul, e would be looking at exposure up to $50-60, 000 in
attorney's fe s. Obviously, this too was taken into consideration
in this settl ment.
Ms. Dahleen cl ims that John Huyen mistreated her; refused to talk
to her; and ma e the working conditions so intolerable as to compel
her to leave. There was a rather extensive period of time where
she did not h ve employment, and this can serve as a basis
for damages.
The law is cl ar in a case as such as this that, the City can be
held responsi le for the actions of its supervisors.
In all consi ering the facts, I think that this is a fair
settlement. f we would have escaped by the liability question,
we of course, would have been in a position where we did not have
any payment. However, there is no doubt in my mind that if
liability was found to some extent, we would be exposed to medium
to large dama es. We therefore recommend settlement.
� .� . ry �-�o��-�
DEPARTMENT/OFFICE/COUNCII DATE INITIATED NO _10 4 5 2
City Attorney 9/25/90 GREEN SHEE
CONTACT PERSON&PHONE INITIAUDATE INITIAL/DATE
DEPAFiTMENT DIRECTOR �CITY COUNCIL
Terry SUI.Z1V811 ' ASSIGN ITYATfORNEY CITYCLERK
MUST BE ON COUNCIL AGENDA BY(DATE)' NUMBER FOR BUDOET DIRECTDR �FIN.&MGT.SERVICES DIR.
ROUTING
ORDEH MAYOR(OR ASSISTANn �
TOTAL#OF SIGNATURE PAQE$ 1 (CLIP ALL LOCATIONS FOR SIGNATURE) �
ACTION REQUESTED:
Approval of settl,em t in Dahlen v City and Huyen lawsu't
RECOMMENDATIONS:Approve(A)or ReJect(R) pERSONAL SERVICE CONTRACTS MUST ANSWE THE FOLLOWING�UESTIONB:
_ PLANNINQ COMMISSION _¢IVIL S VICE COMMISSION 1• Has this person/firm ever worked under a contract or this department?
_CIB COMMITfEE _ YES NO
2. Has this person/firm ever been a ciry employee? I
_STAFF — YES NO
_DISrRICT COURT _ 3. Does this personlfirm possess a skill not normally I ossessed by any current city employeeT
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explaln ell yes answert on seperate sheet a�d a ech to gresn shest
INITIATINO PROBLEM,13SUE,OPPORTU �N o,What,When,Where,Why): Thl S 15 a sett 1 ement f a 1 awsui t brought by
Linda Dahlen agr�'ns the City of St. Paul and Johannes Huyen. The suit is
based upon repr�. al allegedly brought upon plaintiff f r filing a discrimina-
tion claim with he State Human Rights Dept. The liab lity may be question-
able , but it is os ible and the damages could be larg . Please see attached
sheet.
i I
ADVANTAGES IF APPROVED:
Settles the clai�n i its entirety at a fair cost. I
�
i RECEIVED
! S�.� 2 � 1990
DI3AOVANTAGES IF APPROVED:
None.
RECEtVED � BUDGET O�FICE
pCT09i990 �
' r_�T�s G�.ERK
,
,
D13ADVANTACiES IF NOT APPROVED:
Lawsuit reinsta�ed - City placed in jeopardy of payinl much higher damages.
� ��un �I I'^:�arcy� ��t1���
' (;�i `����U
H ,
TOTAL AMOUNT OF TRANSACTIpN $ 35,000 COST/REVENUE BUDGETEp(CIRCLE ONE) YES NO
FUNDING SOURCE Gen T`c"il Government ACCOU11tS ACTIVITY NUMBER 0 065
FINANCIAL INFORMATION:(EXPLAIN) I I �iA'
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