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00-140ORIGlNAL Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Committee: Date RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund Q9010-0511 to 7oseph and Lisa Maddalena, as parents of Aarren Maddalena, a minor, the sum of $12,000.00, in fu11 settlement of his claim for damages sustained in November, 1997, as a result of an incident involving a St. Paul police task force. ....� 1 , �- �-.--�-�.�_ Judge of Ramsey County District Court �% 3 / e e Requested by Department of: C't tt rne � �Y= _ � �,�� � Adopted by Council: Date"a,f'.,, 1(„ ac7E,?� Adoption Certified by Council Secretary BY= Y \ � f"c � , r �� Approved by M Date }F'� BY �����i�'`' Councll File # d0 - �y O GreenSheet# 101053 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � (o Form �pproved by ity Attorney By: � Coun�il�; Mayor for Submission to By: � �loo� :�r< Dale A. Hansen 774 F]R TOTAL # OF SIGNATURE PAGES GREEN SHEET oannrrt u�ec�ac � 00 -��}D No � �j OJ3 � artcauea _ . dlrlttta�sEr � rnRlllc qN11GL�iER ❑ AUIG�if0.1MCL'I6 MYqtWRN9RAMI� ��"'- •� ❑ (CLJP ALL LOCATIONS FOR SlGNANR� Approval of resolution settling claim of Joseph and Lisa Maddalena, as of Darren Maddalena, a minor, for $12,000. PL4NNING COMM�SSION CIB COMMI7TEE CML SERVICE COMMISSION rles this perSONfirm eNerxmked uMer a crorNaa rarmie tlepartment7 YES NO tias tlas Vnea�flim e�x Ecen a ary empbyee? YES MO Dae6 Mi6 percaNfiml P� a ckA rot iqmallYP� bY anY Wrtent dtY �RbY�? YES NO Is tlxs pe�sonlfirtn atarye[etl v�vMoft YES MO DarrenMaddalena, a minor, by his parents Joseph and Lisa Maddalena, sued the City and WCCO-TV for a violation of the Minnesota Government Data Practices Act ("MGDPA") and invasion of privacy. The case proceeded to mediation where the parties reached a settlement. �D�.9Y4�Iaddalena was a juvenile and a so-called "graffiti artist" involved in vandalizing buildings in the City of Saint Paui. The Metropolitan Graffiti Task Force is an organization of inetro-area law enforcement agencies which work together to reduce the inciderrts of graffiti in the metr� area and help each other to identify, arrest and prosecute grafliti vandals. At a Task Force meeting, a member of the Saint Paul contingent held up a Polaroid picture of Maddalena. The City had invited a reporter '�'wT�'��#i�`�. The videographer recorded the Saint Paul officer displaying the Polaroid-picture and the footagewas broadcast during WCCO's report on graffiti. The simple act ofdisplaying the photograph television, because data on juvenile criminal offenders is protected against disclosure to members of the public. The WCCO emplovees constituted members ofthe public. AMOUNT OF TFiAN5AC710N f 12 . O00 - nO COST/REVQlUE BUDGETED (CIRCLE ON� � NO �� ussounce Tort Liabilitv ecrniTrNUwe�a 09070 ' iNFOwunor+(ocPwNl �o� �e�e��� ��;�#�r Greensheet °101053 Page Two ('�6 - l�'Ct� The City's displaying of the photograph to the WCCO employees was a tectuiical violation of the MGDPA. The MGDPA provides for the recovery of actual damages, potential punitive damages up to a cap of $10,000.00, plus attomey fees. The MGDPA does not apply to WCCO since it is not a governmental entity. Furthermore, the City agreed with W CCO that Maddalena's claims for invasion of privacy were without merit. In other words, had this matter not settled and proceeded to trial, there was a good chance that the City would have been the sole defendant and would haue been solely liable for the damages awarded, including the attomey fees and any punitive damages awarded. Despite the fact ofthe technical violation regardless of WCCO's broadcast ofthevideo, the broadcast exacerbated the problem. Therefore, the deternunation was made by the City Attorney's Office that if the case were to settle, WCCO would have to pay-in the greater percentage of the settlement amount. WCCO agreed. The City established a percentage of the total amount paid in settlement that it would be willing to pay prior to the mediation. The mediation was successful, the parties agreed on an amount to settle the case. The City's share of the settlement is $12,000.00. Under the agreement, the amount WCCO will pay is confidential, but it does represent the percentage of the total established by the City Attorney's Office prior to the mediation. ORIGlNAL Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Committee: Date RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund Q9010-0511 to 7oseph and Lisa Maddalena, as parents of Aarren Maddalena, a minor, the sum of $12,000.00, in fu11 settlement of his claim for damages sustained in November, 1997, as a result of an incident involving a St. Paul police task force. ....� 1 , �- �-.--�-�.�_ Judge of Ramsey County District Court �% 3 / e e Requested by Department of: C't tt rne � �Y= _ � �,�� � Adopted by Council: Date"a,f'.,, 1(„ ac7E,?� Adoption Certified by Council Secretary BY= Y \ � f"c � , r �� Approved by M Date }F'� BY �����i�'`' Councll File # d0 - �y O GreenSheet# 101053 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � (o Form �pproved by ity Attorney By: � Coun�il�; Mayor for Submission to By: � �loo� :�r< Dale A. Hansen 774 F]R TOTAL # OF SIGNATURE PAGES GREEN SHEET oannrrt u�ec�ac � 00 -��}D No � �j OJ3 � artcauea _ . dlrlttta�sEr � rnRlllc qN11GL�iER ❑ AUIG�if0.1MCL'I6 MYqtWRN9RAMI� ��"'- •� ❑ (CLJP ALL LOCATIONS FOR SlGNANR� Approval of resolution settling claim of Joseph and Lisa Maddalena, as of Darren Maddalena, a minor, for $12,000. PL4NNING COMM�SSION CIB COMMI7TEE CML SERVICE COMMISSION rles this perSONfirm eNerxmked uMer a crorNaa rarmie tlepartment7 YES NO tias tlas Vnea�flim e�x Ecen a ary empbyee? YES MO Dae6 Mi6 percaNfiml P� a ckA rot iqmallYP� bY anY Wrtent dtY �RbY�? YES NO Is tlxs pe�sonlfirtn atarye[etl v�vMoft YES MO DarrenMaddalena, a minor, by his parents Joseph and Lisa Maddalena, sued the City and WCCO-TV for a violation of the Minnesota Government Data Practices Act ("MGDPA") and invasion of privacy. The case proceeded to mediation where the parties reached a settlement. �D�.9Y4�Iaddalena was a juvenile and a so-called "graffiti artist" involved in vandalizing buildings in the City of Saint Paui. The Metropolitan Graffiti Task Force is an organization of inetro-area law enforcement agencies which work together to reduce the inciderrts of graffiti in the metr� area and help each other to identify, arrest and prosecute grafliti vandals. At a Task Force meeting, a member of the Saint Paul contingent held up a Polaroid picture of Maddalena. The City had invited a reporter '�'wT�'��#i�`�. The videographer recorded the Saint Paul officer displaying the Polaroid-picture and the footagewas broadcast during WCCO's report on graffiti. The simple act ofdisplaying the photograph television, because data on juvenile criminal offenders is protected against disclosure to members of the public. The WCCO emplovees constituted members ofthe public. AMOUNT OF TFiAN5AC710N f 12 . O00 - nO COST/REVQlUE BUDGETED (CIRCLE ON� � NO �� ussounce Tort Liabilitv ecrniTrNUwe�a 09070 ' iNFOwunor+(ocPwNl �o� �e�e��� ��;�#�r Greensheet °101053 Page Two ('�6 - l�'Ct� The City's displaying of the photograph to the WCCO employees was a tectuiical violation of the MGDPA. The MGDPA provides for the recovery of actual damages, potential punitive damages up to a cap of $10,000.00, plus attomey fees. The MGDPA does not apply to WCCO since it is not a governmental entity. Furthermore, the City agreed with W CCO that Maddalena's claims for invasion of privacy were without merit. In other words, had this matter not settled and proceeded to trial, there was a good chance that the City would have been the sole defendant and would haue been solely liable for the damages awarded, including the attomey fees and any punitive damages awarded. Despite the fact ofthe technical violation regardless of WCCO's broadcast ofthevideo, the broadcast exacerbated the problem. Therefore, the deternunation was made by the City Attorney's Office that if the case were to settle, WCCO would have to pay-in the greater percentage of the settlement amount. WCCO agreed. The City established a percentage of the total amount paid in settlement that it would be willing to pay prior to the mediation. The mediation was successful, the parties agreed on an amount to settle the case. The City's share of the settlement is $12,000.00. Under the agreement, the amount WCCO will pay is confidential, but it does represent the percentage of the total established by the City Attorney's Office prior to the mediation. ORIGlNAL Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Committee: Date RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund Q9010-0511 to 7oseph and Lisa Maddalena, as parents of Aarren Maddalena, a minor, the sum of $12,000.00, in fu11 settlement of his claim for damages sustained in November, 1997, as a result of an incident involving a St. Paul police task force. ....� 1 , �- �-.--�-�.�_ Judge of Ramsey County District Court �% 3 / e e Requested by Department of: C't tt rne � �Y= _ � �,�� � Adopted by Council: Date"a,f'.,, 1(„ ac7E,?� Adoption Certified by Council Secretary BY= Y \ � f"c � , r �� Approved by M Date }F'� BY �����i�'`' Councll File # d0 - �y O GreenSheet# 101053 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � (o Form �pproved by ity Attorney By: � Coun�il�; Mayor for Submission to By: � �loo� :�r< Dale A. Hansen 774 F]R TOTAL # OF SIGNATURE PAGES GREEN SHEET oannrrt u�ec�ac � 00 -��}D No � �j OJ3 � artcauea _ . dlrlttta�sEr � rnRlllc qN11GL�iER ❑ AUIG�if0.1MCL'I6 MYqtWRN9RAMI� ��"'- •� ❑ (CLJP ALL LOCATIONS FOR SlGNANR� Approval of resolution settling claim of Joseph and Lisa Maddalena, as of Darren Maddalena, a minor, for $12,000. PL4NNING COMM�SSION CIB COMMI7TEE CML SERVICE COMMISSION rles this perSONfirm eNerxmked uMer a crorNaa rarmie tlepartment7 YES NO tias tlas Vnea�flim e�x Ecen a ary empbyee? YES MO Dae6 Mi6 percaNfiml P� a ckA rot iqmallYP� bY anY Wrtent dtY �RbY�? YES NO Is tlxs pe�sonlfirtn atarye[etl v�vMoft YES MO DarrenMaddalena, a minor, by his parents Joseph and Lisa Maddalena, sued the City and WCCO-TV for a violation of the Minnesota Government Data Practices Act ("MGDPA") and invasion of privacy. The case proceeded to mediation where the parties reached a settlement. �D�.9Y4�Iaddalena was a juvenile and a so-called "graffiti artist" involved in vandalizing buildings in the City of Saint Paui. The Metropolitan Graffiti Task Force is an organization of inetro-area law enforcement agencies which work together to reduce the inciderrts of graffiti in the metr� area and help each other to identify, arrest and prosecute grafliti vandals. At a Task Force meeting, a member of the Saint Paul contingent held up a Polaroid picture of Maddalena. The City had invited a reporter '�'wT�'��#i�`�. The videographer recorded the Saint Paul officer displaying the Polaroid-picture and the footagewas broadcast during WCCO's report on graffiti. The simple act ofdisplaying the photograph television, because data on juvenile criminal offenders is protected against disclosure to members of the public. The WCCO emplovees constituted members ofthe public. AMOUNT OF TFiAN5AC710N f 12 . O00 - nO COST/REVQlUE BUDGETED (CIRCLE ON� � NO �� ussounce Tort Liabilitv ecrniTrNUwe�a 09070 ' iNFOwunor+(ocPwNl �o� �e�e��� ��;�#�r Greensheet °101053 Page Two ('�6 - l�'Ct� The City's displaying of the photograph to the WCCO employees was a tectuiical violation of the MGDPA. The MGDPA provides for the recovery of actual damages, potential punitive damages up to a cap of $10,000.00, plus attomey fees. The MGDPA does not apply to WCCO since it is not a governmental entity. Furthermore, the City agreed with W CCO that Maddalena's claims for invasion of privacy were without merit. In other words, had this matter not settled and proceeded to trial, there was a good chance that the City would have been the sole defendant and would haue been solely liable for the damages awarded, including the attomey fees and any punitive damages awarded. Despite the fact ofthe technical violation regardless of WCCO's broadcast ofthevideo, the broadcast exacerbated the problem. Therefore, the deternunation was made by the City Attorney's Office that if the case were to settle, WCCO would have to pay-in the greater percentage of the settlement amount. WCCO agreed. The City established a percentage of the total amount paid in settlement that it would be willing to pay prior to the mediation. The mediation was successful, the parties agreed on an amount to settle the case. The City's share of the settlement is $12,000.00. Under the agreement, the amount WCCO will pay is confidential, but it does represent the percentage of the total established by the City Attorney's Office prior to the mediation.