95-71�
Council Fi1e # 1.�� � �
Green Sheet # 28631
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By,��
Referred To
ttee: Date
1 RESOLVED, that upon execution and delivery of a release in full to the Ciry of Saint
2 Paul, the proper City officers are hereby authorized and directed to pay out of the Tort
3 Liability Fund 09070-0511 to Janice Marie Johnson and Moore, Costello & Hart, P.L.L.P.,
4 her attorneys, the sum of $73,8$9.17 in full settiement of her claim for damages arising out
5 of an occurrence on April 27 and 28, 1993 in the City of Saint Paul.
6
7 APPROVED:
8
9
11 ��
12 Judge of District Court
Requested by Department of:
By:
Appr
By:
'��L,,. Y ' � _ � �..�.ij � J
Form Approved by City Attorney
. .
By:
Mayor for �mi�sion to Council
By:
Adopted by Council: Date q 5
t
Adoption Certi£ied by Counc Secretary
• DEPAflTME7JT/OFF�CFJCOUNCiL D!(TE INITIATED N� 2 8 6 31
c�t Attorne �S �fice 1-18-95 GREEN SHEE q5 - 7 t
CANTACTPERSON 8 PHONE INITIAL/DATE INITIAVOATE
O DEPARiMEM OIflECTOR � CI7V CAUNqL
A�K+N CRYATTORNEY CffYCLERK
Frank E_ Villatane III 266-8775 NUMBEfl FOB � �
MUST BE ON COUNCIL AGEN�A BY (DAT� pp�N� � gUDGEf DIPECTOR � FIN. & MGT. SERVICES DIR.
ONUEH � MpyOF (OR ASSISTANT) �
TOTAL # OF SIGNATURE PAGES {CIIP ALL �OCATIONS FOR SIGNATURE)
ACT70N RE�UESTED:
A�roval of resolution settling claim against'the City of Saint Paul
by Janice M. Johnson for $7�,889.17.
RECAMMENDATIONS: Approve (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
. _ PL0.NNING COMMISSfON _ qVIL SEflV10E COMMISSION l. Has thi5 pels�nfllfttl eve( wo�ketl UntlE[ d CArttfaCt fOr thi5 depdrtment?
_ CIB COMMITTEE
VES NO
2. Has this personRirm ever been a ciry employee?
_ STAFF
— YES NO
_ DISTRICTCAURT _ 3. Does U1is pers�ti(firm ossess a skiR not noRnall
p y possessetl by any current city employee?
SUPPOfiTS WHICH COUNCIL O&IECTIVE? YES NO
Explain all yes answers on separete sheet and attaeh to green sheet
INITIATING PROBLEM, ISSUE, OPPOFTUNITV (Who, What. When, Where, Why):
Janice Marie Johnson alleges that on April 27, 1993, and in an intoxicated condition, she
passed out while driving her car. Officer Clifford Kelly was dispatched to the scene to
conduct an investigation. Officer Kelly took Ms. Johnson into custody. While enroute to
police headquarters, she states that Officer Kelly offered her the choice of either being
� arrested, booked and prosecuted for Driving While Under the Influence of Alcohol or being
taken home and a�eeing to haue sex with him Ms. Johnson chose to have sex and was
transported to her apartment. Officer Kelly admits returning to Ms. Johnson's apartment
AOVANTAGE .��p�gg�p eting his tour of duty and having sex with her but claims that it was initiated by
Ms. Johnson and was consensual. The incident was reported to police authorities and
Officer Kelly was indicted on charges of criminal sexual conduct. Officer Kelly was
acquitted by the trial court at the conclusion of the state's case.
Ms. Johnson then brought suit in United States District Court alleging that Officer Kelly's
conduct violated her civil rigl�ts and that he assaulted and battered her, restrained her
DISADVANTA • •
Johnson further alleged that the City of St. Paul and Chief William Finney breached their
duty to properly train, supervise and discipline Officer Kelly. She has been receiving
treatment for post-traumatic stress disorder allegedly suffered as a result of this incident.
The defendants have denied plaintiffls claims and asserted various defenses. The Ciry of
St. Paul has refused to defend Officer Kelly. The case has been ordered ready for trial on
or after June 1 1995. Discove has 'ust be n. Our office has entered into a settlement
. DISADVANTA Ms. Johnson for the sum of $66,000.00, plus the reimbursement of her costs
and disbursements of $7,8$917, in exchange for her releasing her claims against all the
defendants. Our office recommends approval.
TOTALAMOUNTOFTRANSACTION$78,g�9.l�I COST/flEVENUEBUDGETED(CIRCLEONE) VES NO
FUNDIfdG SOURCE TbZ't L1�lllt� ACTIVITY NUMBER O9O�IO
FlNANCIAL INFORMATION� (EXPI.AIN)