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04-1082CouncIl FIle # lTl' �v DZ- RESOLUTION CITY OF SAINT PAUL, D'IINNESOTA Crreen Sheet 3024166 0 Presented By Referred To Committee: Date 1 RESOLVED, that upon execution and delivery of a release in full to the City of St. Paul, the proper City 2 officers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-511-000 to 3 Lawrence Clazdy, and his attorney Theresa Freeman, the sum of $37,000 in full settlement of his claims 4 for damages arising from his arrest and encounter with St. Paul police officers on July 23, 2000. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � /V1 ��,v7 DePartmem/oifice/council: Date Initiated: V �v o c� cA �;TyA,��. 09-NOV-04 Green Sheet NO: 3024166 CoMaet Person & Phone: Deoartment Sent To Person InitiaVDate Portia Hampton-Flowers � 0 ' Atrorue ' Attorne 266-8774 pujgn 1 a or'sOffice Ma or'sOflice Must Be on Council Agenda by (Date): Number 2 ouucil Ci Council 17-NOV-04 For Routing 3 i Attorne Ci Clerk Order 4 5 6 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: The CAO recommends approval of a Resolution authorizing settlement of Clazdy v. City of St. Paul, et al. in the amount of $37,000. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a aty employee? Yes No 3. Does this person/firtn possess a skill not normally passessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): I,awrence Clazdy brought an acrion in U.S. Dist. Court alleging improper conduct by St. Paul Police Officers. Clazdy is alleging certain facts which, if believed by a jury, would result in a jury detenuination that St. Paul Police Officers assaulted Clardy and violated his rights under the Minnesota Hnmau Rights Act. This would require the City to compensate Clazdy for damages and pay his attomey's fees. The Court also could awazd punirive damages. Settlement is not an admission of liability., AdvanWpes If Approved: The City would avoid costs and risks of hial as well as the exposure to an award of punitive damages and attomey's fees. If approved, the settlement would allow the City to dispose of the case without an admission of liability or a negative detemiivation by the Court. Disadvantaqes If Approved: None. Disadvantages If Not Approved: The jury could detemvne that the alieged violations occurred, awazd compensatory damages, attomey's fees and puniuve damages. ToWI Amount of Transaction: 37000 CosURevenue Budgeted: y Fundinp Source: Tort Liability Activitv Number: 09070 Financial Information: (Explain)