09-128CouncilFile# a9-�z8
Green Sheet # 3066295
RESOLUTION
CITYfJF SAI�1T PAUL, MINNESOTA �
Presented by
1 BE IT RESOLVED, that upon execurion and delivery of a release in full to the City of Saint Paul, the
2 proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-OS ll to
3 Sonq Vang and Choua Xiong, and their attorney, Frederick J. Goetz, the sum of $13,500.00, in full and
4 final settlement of their claim for damages regarding Song Vang's encounter with St. Paul Police on
5 December 17, 2006.
Dated= � 1'�' d�
udge of District Court
Requested by Department of:
City Attomey's Office
By: James Jerskey
Approved by Office of Financial ervic
By: �
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Adoption Certified by Cound ecretary gy:
BY _ %d/ 1/�lli�i�
Approved Ma o�Date Z' (Z
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By: `j�'�
Adopted by Council: Dafe a���� f
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� Green Sheet Green Sheet Green Sheet G�een Sheet Green Sheet Green Sheet �
DepartrnenUOffice/Council: Date Inkiated: '
�A-°;�^tt�� �.,�-09 Green Sheet NO: 3066295
Confad Person & Phone: ���^e�t SeM To Person InifiaVD
Portia Hampton-Flowers o � A�� � ' f z � y
266-8774 � 1 ' Attorne De artmentD'uector
A55ign 2 ' ancial Services ce FSnancial Services
Must Be on Council Agenda by (Date): Number 3 " Attame �_�
04-FEB-09 For
Routing 4 or'sO�ce Ma or/Assistant
Doa Type: �SOLUTION W/$ Order 5 omc7 G5 CommN
TRANSACTION 6 " Clerk Ci Ckzk
E-0oeument Required: Y
DxumentContad: PortiaHampton-Fic
Conqet Phone: 266-8784
Total # of Signalure Pages _(Clip All Locafions for Signature)
Actton Requested:
Approval of Resolurion settling claims of Song Vang and Choua Xiong against Amanda Heu and the City of St. Paul for $13,500.
Recommendations: Approve (A) or Reject (R): personal Service Contracts Must Answer the Following Questions:
Planning Commission �, Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach W green sheet.
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Plaintiffs sued the City of St. Paul and Officer Amanda Heu alleging constitutional violarions. Plaintiffs aze alleging certain facts
wluch, if believed, would result in a jury deternilnation that the City violated Song Vang's 4th Asnendment right not to be subject to
the use of unreasonable force; and require the CiTy to pay damages and Plaintiffs' attorney's fees. If approved, the proposed settlement
would allow the City to dispose of this case without an admission of liability or a negative determination by the court:
Advantages If Approved:
The City would a�oid the costs and risks of trial as well as the exposure to an awazd of attomey's fees to opposing counsel. Settlement
of this case is not an admission of liability.
Disadvantages ff Approved:
None.
Disadvantages If Not Approved:
The lawsuit will continue with increasing attomey's fees and uncertain monetary exposure to the City.
Total Amount of
Trensaction: $13 ,500.�0 CosURevenue BudgeMd: Y
Funding Souree: TOft Liabillty FUfld Aclivity Number.
Financial Information:
(Explain)
January 22, 2009 435 PM Page 1