90-2001 0 � I �I A ' Council File # ����00�
' ��A L Green Sheet# �QS
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By:
Referred To: Committee: Date
1 WHEREAS,The City has recently settled 2 lawsuits filed by employees of the St. Paul Human Rights Department and has besn
2 fined as a result of a lawsuit filed by a number of women who took and failed the last firefighter exam,and
3
4 WHEREAS, Due to these settlements and fines,the 1990 spending authority for activity 09065,Judgements and Compromise,is
5 short$52,000,and
6
7 WHEREAS,The Mayor pursu�nt to Section 10.07.1 of the Charter of the City of Saint Paul,does certify that there are available for
8 appropriation funds in excess pf those estimated in the 1990 budget; and
9 '
10 WHEREAS,The Mayor recommends that the following addition be made to the 1990 budget:
11 :
12 FINANCING PLAN CURRENT BUDGET CHANGES AMENDED BUDGET
13 100 GENERAL FUND
14 9830 Use of Fund Balance, Unreserved 0 52,000 52,000
is Undesignated
16 All Other Financing 133,067,288 0 133,067,288
17 133,067,288 52,000 133,119,288
18 SPENDING PLAN
19 100 GENERAL FUND
20 City Attorney General Government Accounts
21 09065 Judgements&Compromise
22 09065-0512 Judgements ', 16,068 52,000 68,068
23 09065 All Other Activity Spending 0 0 0
24 All Other Fund Spending 133,051,220 0 133,051,220
25 133,067,288 52,000 133,119,288
26 NET CHANGE 52,000
27
28 RESOLVED,That the Ciry CoUncil approves these changes to the 1990 budget.
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30
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32
33 '
Yeas Nays Absent Requested by Department of:
Dimond
Goswitz ��, City Attorney
Long � �
Maccabee --
Rettman v By:
Thune �.
Wilson �
Approval Recommended by Budget Director:
Adopted by Council: Date NOV � 3 1990 By.
Adoption C 'fi by Council Secretary: Form Appr ed by City Attomey:
By: By: Vl.�.2 ,�Q-.
Approved by Mayor. Date i���; ��� ��� 1 � 19� Approve Mayor or S�b 'ssion to Council:
� � , B CJ,�.L�����!''
By: � � �-�_- y:
�I'�1�!�`� ��'� � 7 1990 Prepared by SaiM Paul Budget OHice (Jeanetta a1123datalamend8.wkl.all 11/5/90)
- D
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�PARTM[NT/OFFICE/COUNpL DATE INITIATED 5 9 0 5
City Attorney 9/25/90 GREEN SHEET No.
CONTACi PERSON 6 PHONE �NITIAU DATE- INITIAUDATE
�PARTMENT DIRECTOR CITY OOUNCIL
Jane McPeak 298- 121 �� �qTf pTTpRNEY CITY CLERK
MUBT BE ON COUNpI A�ENDA BY( T� p0U7p10 BUDOET�RECTOR �FIN.6 MOT.SERVICES DIR.
ASAP-court ordere a ents MAYOR(OR ASSISTANT) �
TOTAL N OF SK3NATURE P S 1 (CLIP ALL LOCATIONS FOR$KiNATURE)
ACTION REOUESTED:
Approve use of £u d ba ance to finance 2 lawsuit 3ettlements and fine as a result of
lawsuit file by a numb r of women who took and failed last firefighter exam.
RE NDnnoNS:MP►�W o► COUNdI COMMITTEE/REBEARCFI OPTIONAL
_PLANNINf3 COMMISSION qVIL 8 RVI�WMMIS810N """"'� RECEIVED �E�.
_q8 COMMITfEE
_8T� ��5: N`�V U$ 1990
-���«,�
suP�rrs w�nai couNa�oe�e MAYOR'S OFFICE
INI7UTINO PFl08LEM�ISSUE� �Wh�t�Whsn.Wh�ro�Why):
1990 budget inclu ed $16,068 for judgements and settlement� against the City. $3,000 of
that has been exp nded to date. A $35,000 settletment to Linda Dahlen, a $5,000
settlement to Bev rly ck.strom, and a $25,000 fine will dxaw down remaining balance plus
require an additi nal $ 2,000 in �pending authori�y.
ADVANTAOES IF APPROVED:
City can meet its legal obligations within adju�ted spending authority.
DISADVMITAOE8IF APPROVED:
Use of general fu res rve$.
D18ADVANTIU�ES IF NOT ARPROVED:
City cannot meet i s le al obligtions within existing spending authority.
TOTAL AMOUNT OF TRANSI►CTI = S2,OOO.00 C08T/i�YENUE etlDOETED(CINCLE OI� rYES J NO
���
�uNa�o sout� 9830 Fund Balance ACTIVITY NUMOER 09065
FlNANpAL INFORAAAT�N:(EXPWI� �
. � ����'��°/
�CitT��
o�° �� CITY OF SAINT PAUL
� ���;��q M1a OFFICE OF THE CITY ATTORNEY
.
....
JANE A. MC PEAK, CITY ATTORNEY
647 City Hall,Saint Paul,Minnesota 55102
612-298-5121
JAMFS SCHEIBEL F.�x bi2-29s-56i9
MAYOR
September 25, 1990
M E M O R A N D U M
TO: Barb Jeanetta
Budget Office
FROM: Joanne Rettner��
City Attorney' Office
RE: Fund Transfer - Activity 09065
The City has recently settled two lawsuits filed by employees of
the Human Rights Department. The first is a lawsuit brought by
Linda Dahlen against the City and Johannes Huyen. The settlement
in that case is in the amount of $35, 000. Settlement has been
reached on a Claim filed by Beverly Wickstrom in the amount of
$5, 000. Copi�s of the Resolutions and green sheets prepared by
Terry Sullivan in these cases are attached. In addition, Terry
advises me that the City has also been fined the sum of $25, 000 as
a result of a lawsuit filed by a number of women who took and
failed the last firefighter exam. All of these payments should be
made out of the Judgment and Compromise fund, Activity 09065.
Upon checking �he FM80 system to obtain the fund balance in this
activity, I f�nd there is a balance of only $13, 000 for the
remainder of ,1990, leaving us $52, 000 short of the funding
necessary to mlake these payments. Would you please prepare the
necessary reso�ution transferring funds into this account so these
payments can b� made.
I will be on vacation from September 28 through October 12 . If you
need any addit�onal information concerning these settlements, you
can contact Te�ry Sullivan.
Thanks for your help with this transfer. ;q��E����
cc: Jane McPeak ''�'� � �' 1990
Terry Sullivan � - ���3
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED
GREEN SHEET N° _�0452
CONTACT PERSON 8 PHONE INITIAUDATE INITIAUDATE
�DEPARTMENT DIFlECTOR �CITY COUNCIL
ASSIGN �CITY ATTORNEY �CITY CLERK
MUST BE ON COUNCIL AGENDA BY(DA E) NUMBER FOR ❑BUDGET DIRECTOR �FIN.&MGT.SERVICES DIR.
ROUTING
ORDER ��„�qYOR(OR ASSISTANn �
TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
RECOMMENDATIONS:Approve(A)or ReJect(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_PLANNING COMMISSION _ CIVIL SERVICE COMMtSSION �• Has this person/firm ever worked under a contract for this department?
_CIB COMMITTEE _ YES NO
2. Has this person/firm�ever been a city employee?
_STAFP - YES NO
_ DISTRICT COURT _ 3. Does this persoNfirm possess a skiil not normall
y possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO
Explatn all yes answers on separate sheet and attach to green sheet
INITIATINQ PROBLEM,ISSUE,OPPOR7UNITY(WFIO,What,When,Where,Why): Thl S 1 S a settl ement Of a 1 awsuit brought by
Linda Dahlen against the City of St. Paul and Johannes Huyen. The suit is
based upon reprisal allegedly brought upon plaintiff for filing a discrimina-
tion claim with the State Human Rights Dept. The liability may be question-
able, but it is possible and the damages could be large. Please see attached
sheet.
ADVANTAGES IF APPROVED:
Settles the claim in its entirety at a fair cost.
DISADVANTAGES IF APPflOVED:
None.
DISADVANTAGES IF NOTAPPROVED:
Lawsuit reinsta�ed � City placed in jeopardy of paying much higher damages .
TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETEp(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN)
. ; ��aJ��-��
This settlemen� involves the suit of Dahleen vs City of St. Paul
and John Huyen� This was an action brought against both the City
and Hyuen ' cha�ging them with reprisal because she had filed a
complaint �aith the Minnesota Department of Human Rights.
As I indi�atec� on the attached green sheet, the liability is
slightly quest�onable but, none the less, possible. It is by no
means an open ' and shut case for the City of St. Paul. This
obviously was tjaken into consideration in this settlement. Perhaps
more impor�tant�y there are rather extensive damages involved if
plaintiff Were to succeed with any degree of liability. In fact,
if there w�s a y degree of liability at all found against the City
of St. Paul, w would be looking at exposure up to $50-60, 000 in
attorney's fee . Obviously, this too was taken into consideration
in this settle ent.
Ms. Dahleen cl�ims that John Huyen mistreated her; refused to talk
to her; and mad� the working conditions so intolerable as to compel
her to leave. IThere was a rather extensive period of time where
she did not ha�e employment, and this can serve as a basis
for damages. �
The law is� cle�ar in a case as such as this that the City can be
held respohsible for the actions of its supervisors.
�
In all consid�ering the facts, I think that this is a fair
settlement,. I� we would have escaped by the liability question,
we of courtse, Would have been in a position where we did not have
any paymer�t. However, there is no doubt in my mind that if
liability was �ound to some extent, we would be exposed to medium
to large damag�s. We therefore recommend settlement.
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� Council File #
Green Sheet #
RESOLUTION
C OF SAINT PAUL, MINNESOTA , Q��
� a�
�
Presented By
Referred To Committee: 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 the execution and delivery of a stipulation of settlement between Linda
Dahlen and the City of St. Paul and Johannes Huyen, and a stipulation of dismissal with prejudice
by Linda Dahlen, the pro,�er City officers are hereby authorized and directed to pay out of the Tort
Liability Fund, 09070-051'1, to Linda Dahlen and her assignees the sum of $35,000 in full settlement
of all claims set forth in �he complaint of Linda Dahlen vs City of St. Paul and Johannes Huyen,
court file number 473892{ and be it.
Further resolved th�t chejcks for the $35,000 settlement be issued as follows:
TO: Rahnhild A. � estby, in the amount of $5,000.00
TO: Linda I�. Dah en, in the amount of $22,049.65
TO: Ragnhild A. estby, Trustee, in the amount of $7,950.35
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_______________________�______________________-----------------------
_____________________�_-______-_________
---------------------------------------------
Yeas Na s Absent Requested by Department of:
Dimond
Goswttz
Lon
Macca e
Rettman
T une
Wi son � By:
________________�____�_—______—_________
Form A d by City Attorney
Adopted by Council: j Da�e
Adoption Certified ' by Cbuncil Secretary BY. ' � `
„ � _ _
i
gy� � I Approved by Mayor for Submission to
Cotmci l
Approved by Mayor: Date
By:
By:
. �D �� i
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N� _10 4 5 3
' GREEN SHEET
INITIAUDATE INITIAUDATE
CONTACT PERSON 3 PHONE �DEPARTMENT DIRECTOR �CIN COUNCIL
ASSIGN O CITY ATTORNEY �CITY CLERK
NUMBER FOR ❑BUDGET DIRECTOR �FIN.&MGT.SERVICES DIR.
MUST BE ON COUNCIL AGENDA BY(D TE) ROUTING
ORDER �MAYOR(OR ASSISTANn �
TOTAL#OF SIGNATURE PAIGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTEO: '
RECOMMENDATIONS:Approve(A)or Re1�(R) '' PERSONAI SERVICE CONTRACTS MUST ANSWER THE FOLLOWING�UESTIONS:
_PLANNING COMMISSION � CIVIL S�RVICE COMMISSION �• Has this person/firm ever worked under a contract for this department?
_CIB COMMITfEE YES NO
2. Has this person/firm;ever been a city employee?
_STAFF �— � YES NO
_ DISTRICT COUFlT � , ---- 3. Does this personlfirm possess a skill not normally possessed by any current city employee?
SUPPOflTS WHICH COUNCIL OBJECTIVE? YES NO
Ezplain all yea answers on separate sheet and attach to green sheet
INITIATING PROBLEM,ISSUE,OPPO TUNITY( ho,What,When,Where.Why):
This will complete �Settlement on a claim filed by Beverly Wickstrom with the
Minnesota Departmen'�t of Human Rights. The Human Rights found probable cause.
The settlement incl�ded several actions necessary on an administrative level
and these have eith r been completed or are in the completion process.
ADVANTAGES IF APPROVED:
Settles all claims �lof discrimination charged by Ms. Wickstrom. Protects
against possibilitiies of higher damages .
DISADVANTAGES IF APPROVED:
None. II
�
i .
' DISADVANTAGES IF NOT APPROVED:
Case remains o en -' we have exposure to .higher damages . A conservative
estimate is at least double the settlment figure.
I
TOTAL AMOUNT OF TRANSACtION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE j ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN)
�� ` . Council Pile #
Green Sheet #
RESOLUTION � �
CITY F SAINT P UL, MINNESOTA 0 � �
_ �
Presented By
Referred To Camiittee: Date
_________________�____�__________________________________________________________________
A resolution approving a
settlement of $5,000 for all claims
resulting from the complaint filed by
$everly Wickstrom with the Minnesota Department
of Human Rights
RESOLVED, that upon the execution and delivery of a stipulation of settlement between Beverly
Wickstrom and tfie City of St. Paul, the proper city officers are hereby authorized and directed to
pay out of the tort liability fund 09070-0511 to Beverly Wickstrom in the sum of $5,000 in full
settlement of all claims s�t forth in the complaint of Beverly Wickstrom filed with the Minnesota
Department of Human Rkghts.
�
�III
________________ -�___________________________________________________________________
________________ ____�_-______-_________
' Yeas Na s Absent Requested by Department of:
Dimon
Goswttt
Lon
Macca ee
Rettman
Thune
Wilson BY�
________________$______—______—_________
Form App ed by City Attorney
Adopted by Council: Date /�
Adoption Certified by Council Secretary �
BY� � �
BY' Approved by Mayor for Submission to
Council
Approved by Mayor: Date
By:
By: