09-585Council File #_ ��1�
Green Sheet # 3 O 7 �� �3
Presented by
RESOLtlTION
41NT PAUL, MINNESOTA �
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 09070-5 ll-000 the sum of
3$50,000 in fixll settlement of Plaintiff's claims in Thomas Walters v. Ciry ofSt. Pau1 for damages arising
4 from the City's failure to pxomote Mr. Walters to a crew leader position.
Dated: ��� �',� /
RequestedbyDepartmentof: City Attorney
A�s ,� C''�1�f or ey
By:
Approved b ie ff .e of �n cial $er ices
By:
Approved by � y Attomey
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Adoption Certified b Coun Secretary
BY� e� / //l�A���%//S�i.L
Approved by Mayor� Date
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
lepaKmenUOfficelCwnciL � Date laitiated: � — � � �
CA-���? ; 2,_M,,.,-09 Green Sheet NO: -3070623-
� ConWM Person 8 Phone:
Lawrence J. HaYes, Jr.
266$72$
�, Must Be on Council Agenda by (Date):
j 03-JUN-09
Doc, Type: RESOIUTION W/$
TRANSACTION
E-Oocument Required: N
Document ConWd:
Confact Phone:
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Total # of Signature Pages _(Clip All Locations for Signature)
o �iro Ahornev i � '
1 GiN AttomeY ', i Department D"uector �,
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The CAO recommends approval of a resolution authorizing settlement of Thomas Walters v. City of St. Paul in the amount of
�SO,OOQ including promotion ofMr. Walters [o a crew leaderposition.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Foliowing Questions:
1. Has this persoNfirm ever worked under a conVact for this department?
Yes No
2. Has this pwsoNfirm ever been a city employee�
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, lssues, Opportunity iWho, What, When, Where, Why):
Plaintiff sued the City of St. Paul alleging that he was denied promotion to a crew leader position because he made good faith
complaints to the City regarding a violation of the Clean Water Act in violation of the Minnesota Whistleblower statute. Plaintiff is
al(eging certain facts, which if believed, would result in a jury determination that the City violated his statutory rights as a
whisfleblower, and require the Ciry to pay backpay damages, emorional distress damages, and Plainriffs attorney's fees and costs. If
approved, the proposed settlement would allow the City to dispose of this case without an admission of liabiliry or a negative
determination by the Cour[.
Advantages If Approved:
The Ciry would avoid the costs and risks of trial as well as the exposure to attorney's fees and costs. Settlement of this case is not an
admission of liabiGty.
Disadvantages If Appro�ed:
None.
Disadvantages If Not Approved:
The jury could determine that a violation of the Whislleblower statute occurred and award backpay damages, compensatory damages
and attArney's fees and costs.
ToWlAmountof $50,���.�0
Transaction:
Funaing source: Tort Liability Fund
Financiai Information:
(Explain)
Activiry Number: 09070-511-000
CosVRevenue Budgeted: Y
May 21, 2009 2:56 PM Page 1
FY 2809 Spending Waiver Request Form sPOS-s4e Received 5/21/09
Requesting DeparEmeni: Citv AYFornev's Office
1} �escription of spending request:
Please list spec�c purchases that are being requested.
Payment of �5Q,�00 to settle lawsui� enfitled 1Naifers v. City of St. Paut.
Can fhis purchase be delayed until later in 2009? If so, how long can it be delayed?
No.
Can this purchase be delayed until 2010?
�
6��5g�
What is the service or business impacf of delaying this purchase untik later in the year or untii next
yearl
The City has agreed to settEe the Walfers v. City lawsuit for the sum of $50,000 as confirmed by the
federal Magisirate on May 19, 2009. The Court will require payment of the settlement amount
requested in a timaly manner following appraval ofi Yhe se�tlement by the St. Paul City Councii.
2j 20U9 budget authorify:
Is this expense Included in the 2009 budget? No.
• 2009 cost: $50,OD0
• Object Code: 0511
• Funding source: Tort Liability Fund
• 5 digit budget acfivity #: 09070
If na, why not and what is the financing plan?
Far additional fnformation corttact: Larry Napes, larry.hayes@cistpaul.mrt.us, 266-8728
� Name, EmarlandPha�e
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Department Approvat°",�., ������� \ . �`'?/
Director ¢
Rpproved by Mayo�'s O�ce: �1 Zt 1 6���
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K15UffSWlWa11¢r565etl1emeM �oxlSpentling warver Request Form 2009tloc