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94-1229 Council File # ?9 4 Green Sheet # � �o2U ORIGINAL R: SOLUTION CITY OF S ' I T PAU ■ , MINNESOTA `7S Presented By: li — _ d ; 91,;... Referred To: Committee: Date 1 Whereas, eleven African — American fire fighters brou ht an action In Ramsey County District Court alleging racial 2 discrimination, and 3 4 Whereas, the plaintiffs have entered into a settleme agreement and release, and 5 6 Whereas, the settlement has been approved by the • Council, the Mayor and the City Attorney, and 7 8 Whereas, Council File 94 -785, adopted June 29, 19 4 called for a follow up resolution to amend the City budget, and 9 10 Whereas, the Mayor, pursuant to Section 10.07.1 an 10.07.04 of the City Charter, recommends the following changes to 11 the 1994 Adopted Budget for the City of Saint Paul: 12 13 CURRENT BUDGET CHANGES AMENDED BUDGET 14 15 GENERAL FUND FINANCING 16 17 FINANCING AMENDMENT: 18 Use of Undesignated Fund Balance 19 001 -00000 -9830 1,155,102 450,000 1,605,102 20 All Other Fund Financing 147,025,896 0 147,025,896 21 Total Fund Financing 148,180,998 450,000 148,630,998 22 23 24 GENERAL FUND SPENDING 25 26 TRANSFER FROM: 27 General Government Accounts 50,974 28 001- 09060 -0548 General Contingent Reserve 2,1490,90744 (40 ,000) 2, 1 500 ,974 29 001 - 09011 -0415 Fire Accounts 30 31 SPENDING AMENDMENT AND TRANSFER TO: 690,000 32 001- 09065 -0511 Judgment and Compromise, Se lements 0 33 Spending Amendment 450,000 34 Transfer To 240,000 35 36 All Other Fund Spending 145,578,948 145,578,948 37 Total Fund Spending 148,180,998 450,000 148,630,998 38 39 Total Amendment 450,000 40 Net Transfer 0 41 42 Now, therefore, be it resolved that the City Council dopts these changes to the 1994 budget. Requested by Department of: Yeas Nays Abse Blakey Mayor's Office, Budget Section Guerin Grimm 6Za- t ) Harris By: 1 )p -. - 0 -75)/-.. / Megard ,, Kaltman Thune C - A Recommended by Budget r/ � . \ 7 0 By: Ike. • r J ava Adopted by Council: Date AUG `L 4 For Appro -d City Attorney: Adoptio ertified by C• f cil By: 6-C ,1 / L Appro by Mayo for Sub issi to C until: Approved by M • or h J " I B I By: 9 s -' ,I., .. --- Saint Paul Budget Office ( Kline F:\ USERS\ BUDGET \123 \RESOLUTI \FIRESETL.WK1 8/1/94) 7:4)4PARiverrtornaticavtkost. DATE IFa11A1 Budget v � 944 GREEN SNEET W. 8820 ACT PERSON & PNONE DEPARTMENT oi ®cnv comm. . Joseph Reid 266 - 8553 . CITY ATTORNEY [J CCTV CLEW c ST SE ON COUNCIL AGENDA aY ( itTE) r dftecToR , T. SeltROES DMR Jtme29 1994 ICJ MAYOR (NI ASSISTANT) ; Q T • TAL tit OF SIGNATURE PAGES CLIP ALL. LOCATIONS FOR 88 iATUREj TION REQUESTED Adoption of the attar:ed Bilikent Rovisicatesointirm,wilkh pranides spinciingatithority for as appnved settleitnitt. NIDATIONS: r Approvs (A) or Reject (R) PEIII30.4ALZECIVICE CONTRACTS MUST ANSWER 'FOCL QUESTIONS: (E4slain el es agars on marine ahem And attach to Quoit sheet.) suettatlii (eve. sewn (* almation 1. Has the prrineyrNttlwwMord tndara continettorthle «:. alb GOtrt nSE _ YES NO STAB _ 2. fin nerson/lnmevsrbeenaany owiftse? Om7RGTcO.$ T YES NO to its macs Coon*. oananvar 3. Does thhopolsorVerm possess a sir. not mentally peMSesad by nrgr craaert Sty anstisyse YES NO TIRE PROBLEM, ISSUE, OPPORTUNITY (Who, What When, Whore, Why) Ek vett African — American Ike fighters hired by the City betyroea 1975 aid 1984 brtsn actkm kr limey Canty *may lettittetS ICU of racial cliseriednation ht violation of Statutes 363.03 aabd,1(2)(s) and (c). The s byttt 1p Attorney'ad }y Mayor t City Council. The aetti entcass for payments of tip to 11690,00Q R E A T AUG 9 7994 C I T Y TOR RECD ADVANTAGES IF APPROVED: 1Ls terms of the approveda iraenatMAbemet. AUG 15 1994 E - YOR'S OFFICE @ 11DYANTAGES IF APPROVED: • CStyspmdkgvrittrise. Council Research Center OilliSOYANTSGES IF NOT APPROVED: Fakve to meet terns of an approved AUG 16 W AL AMOUNT OF TRANSACTION 8210,000 trawler and 5450,000 in additiend a s rity OOST/REVEIUB BUt {OIgci.E OP4 YES NO _ . SOURCE cant reserve ftnel baleen:* and transfer ACTIVITY NUMBER *dew • L. INFORMATION: (EXPLAIN) • q ' - f22q p Council File # �/ ,7.5 ORIGINAL ,. _ Green Sheet # 22415 ESOLUTION r-p%/11-67) _ TY)OF S i NT PAUL, MINNESOTA .1 z �� 1 Presented By .� _ % ��.� !' . ...1. , ../ � �/ • Referred T• 4 .rG,.. 't/�JG� Committee: Da ' e 1 WHEREAS, on May 6, 1992, leven African- American fire fighters brought an 2 action in Ramsey County District Co rt entitled "Robert Mems, Nathanial Davis, Byron 3 Brown, Steven Carlisle, Rodney Edw : rds, Lonnie Favors, Thurman Smith, James Fowler, 4 James Smith, Anthony Carter and D rrill Berry v. The City of St. Paul," File No. 92- 5 005227, alleging racial discriminatio 6 7 WHEREAS, the above-name. plaintiffs have entered into the attached 8 Settlement Agreement and Release; 9 10 RESOLVED, the City Counc' for the City of St. Paul hereby approves the 11 attached Settlement Agreement and • elease as settlement of plaintiffs' claims and 12 directs the proper City officials to p. to Reinhardt and Anderson, on behalf of the 13 above -named plaintiffs, the sums spe ified therein. Z r ,,�, / i �' / 1 .. _ . 4 -.mac -, Yeah Nays Abs Requested by Department of: Blakey ✓ Harris City Attorney Grimm Guerin _____0` Megard � f -- Reitman /J Th un e ✓ By: `. _"T k�, — �. ✓ i 4 -•ti ,✓ 6 I Form Approved by City Attorney Adopted by Council: Date 1/4. ,,,,�_ .`q CkCLA / f ,'(../7/i".,/,' . ./ Adoption Certified by Council Secreta.y B ,,r ; ., y: By: c� .4-- Approved - Mayor for Su mission to Coun Approved by Mao Date By: /(///// %l . i4 By By: 1/ 755 DEPARTMENT/OFFICE /COUNCIL DATE INITIATED L I 1 2 City Attorney 6/21/94 GREEN SHEET N_ 22415 CONTACT PERSON 8. PHONE ^ INITIAUDATE INITIAUDATE — I I DEPARTMENT DIRECTOR ® CITY COUNCIL Timothy' E. Marx, 266 -8710 ASSIGN NUMBEF FOR CITY ATTORNEY ED CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) ROUTIN4 a BUDGET DIRECTOR FIN. & MGT. SERVICES DIR. ORDER l l l MAYOR (OR ASSISTANT) ED TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REOUESTED: Settlement of the claims of Robert Mems, Nathanial Davis, Byron Brown, Steven Carlisle, Rodney Edwards, Lonnie Favors, Thurman Smith, James Fowler,,• James Smith, Anthony Carter and Darrill Berry. RECOMMENDATIONS: Approve (A) or Reject (R) PERT ONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Fes this person /firm ever worked under a contract for this department? CIB COMMITTEE YES NO 2. Fes this person/firm ever been a city employee? STAFF YES NO _ DISTRICT COURT 3. Gies this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Expl4In all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Eleven African- American fire fighters h :red by the City between 1975 and 1984 brought an action in Ramsey County District Court against the City alleging various acts of racial discrimination in violation of Minn. Stat. §363.03, subd. 1(2)(b) and (c). This office recommends settlement of this matter in accord with the terms stated in the attached Settlement Agreement and Release. ADVANTAGES IF APPROVED: Settlement of a complex lawsuit. DISADVANTAGES IF APPROVED: None • DISADVANTAGES IF NOT APPROVED: Failure to settle a complex lawsuit. TOTAL AMOUNT OF TRANSACTION $ Up to $690,000.00 COST /REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE Budget Amendment to Follbw ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) qz-/- /2- STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT DISCRIMINATION Robert Mems, Nathanial Davis', Byron Court File: 92- 005227 Brown, Steven Carlisle, Rodney Edwards, Lonnie Favors, Thurman Smith, James Fowler, James Smith, Pdnthony Carter and Darrill Berry, Plaintiffs, SETTLEMENT AGREEMENT vs. AND RELEASE The City of St. Paul, Timothy K. Fuller, Chief of Fire and Safety Services, Defendants, 1. On May 6, 1992, Robert Mems, Nathanial Davis, Byron Brown, Steven Carlisle, Rodney Edwards, Lonnie Favors, Thurman Smith, James Fowler, James Smith, Anthony Carter and Darrill Berry (hereinafter, "Plaintiffs ") _nitiated the above - entitled action in Ramsey County District Court against the City of St. Paul (hereinafter, "City ") and Timothy K. Fuller, Chief of Fire and Safety Services, alleging various acts of racial discrimination in violation of Minn. Stat. §363.03, Subd. 1(2)(b) and (c), and comprising a hostile working environment, disparate treatment and disparate impact. 2. The Defendants have duly filed their Answer in the above - entitled action, admitting and denying the various allegations and asserting various defenses against said claims. 1 78 ' 3. On June 30, 1993, tie Honorable Joanne M. Smith, Judge of Ramsey County District Cour , pursuant to a stipulation entered into by the above -named p.rties, entered an order dismissing Timothy K. Fuller from this action. 4. On August 12, 1993, the Honorable Joanne M. Smith, Judge of Ramsey County District Co rt, pursuant to a Motion for Summary Judgment brought by defendan City of St. Paul, entered an order dismissing paragraphs 13K an. 13R of the Complaint, and striking sections A -2, G -4, M -6, Q -7 and EE -18 of Plaintiffs' Answers to Interrogatories and A -2 of P aintiff Steven Carlisle's Answers to Interrogatories as it relate, to union activities. However, the motion was, in all other r•spects, denied. On June 2, 1994, Plaintiffs were granted lea by the Honorable Joanne M. Smith, Judge of Ramsey County Distri t Court, to amend their Complaint to include a demand for punitiv. damages 5. The remaining ciai and allegations are scheduled for trial to begin on June 20, 199 before the Honorable Joanne Smith. 6. The Plaintiffs and t e City wish to settle and resolve all outstanding disputes and ciai s between them which were or could be asserted between them, to avo d the uncertainties of trial and the costs associated therewith. 7. The City, for and on its behalf, together with all of its present and former officers, agents and employees, agrees to pay and does pay to the plaintiff- the sum of $440,000.00, said amount to be paid to their attorney,'__ 4 - -_ , no later than ninety (90) days after final .•proval of this Settlement Agreement 2 and Release, which sum is tlo be distributed by him to plaintiffs according to the proportions upon which they agree. 8. Subject to verification by the City, the City further gan14,1wd>t ; Avv usan agrees to pay to plaintiffs' attorney, _ • • __ _: -, up o, and no more than, $200,000,00 attorney's fees and up to, and no more than, $50,000.00 for costs and disbursements associated with the prosecution of this action. Such fees, costs and disbursements shall be paid to Attorney Af,derson no later than ninety (90) days after he provides the verification required by the City. 9. Upon receipt from plaintiffs of information as to her location, the City will, within thirty days, contact Ms. Jane Elliott and arrange a mutual =y agreeable time for her to present to its Fire and Safety Services Department diversity work force management /cultural awareness training facilitated by her. Contingent upon Ms. Elliott's availability, said training will be completed by the end of the 1995 calendar year. Concomitant with this training, the diversity training being done by Bob Oliver may continue according to the tLmetables already established between him and the City. 10. No later than January 1, 1995, the Chief of the St. Paul Fire and Safety Services Department will name an Assistant Chief who will be responsible primarily for the area of human relations. This position shall be filled in the following manner: Within thirty (30) days after the firial approval this Settlement Agreement and Release, the Black Fire, Fighters United organization shall submit to the Chief the names of three candidates for the Assistant 3 Chief position. From this, list the Fire Chief must select one individual to fill said position. The salary for said candidate will be commensurate with the starting salaries of the other current assistant chiefs. [n the event that a vacancy occurs in this Assistant Chief position prior to January 1, 1998, said position shall be filled, aZd the salary shall be determined, in the same manner as set forty.'; in this paragraph. 11. During the current term of Mayor Norm Coleman, all tests for the position of Captain in the St. Paul Fire and Safety Services Department shall consist of the following four parts, the scores on each of which shall have equal weight: written, oral, simulator and management /supervisory. The written portion of said examination shall be based solely on the materials presented in the courses mentioned in Paragraph 12 of this Settlement Agreement. These tests shall be administered pursuant to the City of St. Paul Personnel Rules. The Assistant Chief appointed pursuant to paragraph 10 of this Settlement Agreement and Release shall have the responsibility to coordinate the development and implementation of this test with the Human Resources Department to ensure that said tests are administered is set forth in this paragraph. Any changes in this process shall be based on the recommendation of said Assistant Chief. 12. Following the final approval of this Settlement Agreement and Release, and prior to the administration of the next Captain's examination, the City will make available to all fire personnel training consisting of a basis and an advanced course designed to 4 7 �aa y prepare candidates for the taking of said examination. These courses shall be optional: The City shall offer additional tutoring to any candidate wIo so requests it. 13. Because of concern :hat employee files contain invalid or unfair complaints and or reprimands, the Assistant Chief appointed pursuant to paragraph 10 of this Settlement Agreement and Release shall have the authority tD review the personnel files of all candidates who successfully pass the test for the position of Captain and advise the Fire' Chief as to any legitimate concerns relating to said files. Minor matters of questionable legitimacy may be disregarded in the consideration of whether the candidates will be appointed. 14. The Mayor of the City of St. Paul will, prior to hiring any fire fighters pursuant to Rule 17(c) of the City of St. Paul Personnel Rules, consult with representatives from the Black Fire Fighters United organization; regarding the process to be used for such hiring. 15. The City of St. Pau_ Fire and Safety Services Department will, no later than June 30, 1995, begin the implementation of a mentoring program for all new employees in said department. This program will have as its emphasis protected -class employees. The Chief of the Fire and Safety Cervices Department will determine the program's structure, budget ald manner of implementation, provided that the Assistant Chief appcinted pursuant to paragraph 10 shall have the responsibility for making recommendations to the Chief concerning such matters. 5 rq 16. No later than thir=y (30) days after the approval of this Settlement Agreement and Release, the parties hereto, through their attorneys, shall request of the Ramsey County District Court that it enter an Order (attached . iereto) requiring the City to keep open the list of individuals who pass the first Captain's test for the City of St. Paul Fire and Safety Services Department given subsequent to the signing of this Settlement Agreement and Release, until everyone on that list has been hired, or until five (5) years after said list is established, whichever occurs first. In the event that said Order is challenged, or that the Court refuses to sign said Order, the remair'der of this Settlement Agreement and Release shall remain valid and enforceable. In the event that said Order is challenged, there `will be a joint defense of the Order undertaken by Counsel for the plaintiffs and by the City. Plaintiffs will bear the expenses for their portion of said defense and the City will bear the expenses for its portion of said defense. The provisions contained in this paragraph shall not apply to any subsequent Captain's Examination. 17. Plaintiffs and Defendant are entering into this settlement not only to end this litigat:on but also to promote improved race relations within the Saint Paul Fire and Safety Services Department and throughout the City. Accgordingly, Plaintiffs agree that they will in no way encourage, copperate with, or provide information for, the prosecution of any additional claims related to alleged incidents of racial harassm=_nt involving the Saint Paul Fire Department which may have occurred prior to the date of this 6 Settlement Agreement ( "Inci►ents "). Plaintiffs will instruct their counsel to not use any info ation which is work - product and which is the property of plaint''fs or subject to the attorney /client privilege owed to plaintiff. for the purpose of prosecuting claims related to any such alleged Incidents. Plaintiffs also agree that all public statements mad =! concerning this litigation and this Settlement will be made in the spirit of promoting improved race relations within the Saint 'Paul Fire Department and the City. 18. In consideration of the payment of the sums specified above, the receipt and sufficiency of which are hereby acknowledged, together with he above - mentioned additional good and valuable consideration, the plaintiffs do, on behalf of themselves, their heirs, successors an. assigns, and each and all thereof, hereby release, discharge a d acquit the City of St. Paul, all of the City of St. Paul's pre.ent and former officers, agents and employees, successors and as and each and all thereof, of and from any and all manner o action or actions, suits, claims, damages, judgments, levies and executions, whether known or unknown, liquidated or unliq idated, fixed, contingent, direct or indirect, which have as their basis a claim of racial discrimination, which the •laintiffs, their heirs, executors, administrators, successors a d assigns, ever had, have or claim to have against the City of St. Paul, any of the City of St. Paul's present or former officers, agents or employees, successors or assigns, for, upon, or .y reason of any act of racial discrimination occurring pr to the date of this Settlement 7 9 /) - Agreement and Release. 19. The parties to or is Settlement Agreement and Release hereby stipulate to the dis issal of the Plaintiffs' claims in the above - entitled action with prejudice and on the merits and will file with the Court a Stip lation of Dismissal with Prejudice in the form attached hereto upo the final approval of this Settlement Agreement and Release. 20. It is specifically nderstood and agreed that the payment and acceptance of the consi.]- ration recited above is a full, final and complete compromise set lement and satisfaction of all claims; that the same does not constitute, and shall not be construed as, any admission of liability .r fault whatsoever by the City of St. Paul or any current or forme, employee of the City of St. Paul, and that there are no cov:nants, . promises, undertakings or understandings outside of t is Settlement Agreement and Release other than as herein specifi ally set forth. 21. The undersigned covenant and agree not to bring suit against the City of St. Paul or any officer or agent thereof, for any claims released hereby. If the undersigned hereafter brings any suit or claim against th- City of St. Paul, or any officer or agent thereof, in breach hereof, the undersigned shall pay to the City of St. Paul all da .ges caused thereby together with reasonable attorneys' fees incurred in defending or otherwise responding to said suit or c aim. 22. The undersigned, b execution hereof, state that this Settlement Agreement and Rel -ase has been read and explained to 8 94/- /�a7 them by their respective legal counsel, that the undersigned understand and fully agree :o each, all, and any provision hereof, and acknowledge receipt of copy of this Settlement Agreement and Release. 23. The Plaintiffs understand and agree that this Settlement Agreement and Release is subject to the approval of the St. Paul City Council. PLAINTIFFS Date: / 7-- 2 /f Robert Mems Subscribed and sworn to before me this 17 day of AMA , >: ''^� ^^^ti- �^^^^�+^ ^,.•� ^��� � 17;3 LYNNEM KNUTSON NOTARY PUBLIC -MI JhIESOTA / //• eibe.//// - '� RAMSEYCOUNTY Notar Public My Commission Expires Sept 4 )997 ,,,,, VWWWVVVVVVVVVV../VVVVVVVY 3K • Date: Nathanial Davis Subscribed and sworn to before me this /7 day of Jc.M,C, , 1994 {1 -C - . • LAC'& r) Notary Public ■ �nr�w� . ��,�.� Ati^ V .Mivw,nnn= .. �� LYNNc M kNUTSON J ' ���o./ Ml:7ariY PU6L.C- yfi ^;tiicjOTA RAMSEV CNN v My Commission Expires ; ; ;&ipt 4 1997 9 . / „.-- i 114 — /,z2 Date: / QV ' /L//t 67, .► 1 •ames Smith -' Subscribed and sworn to before me this f 7Th day of JL{KL ; 1994. 4,14/it.e_ m. ' /4 ,,, f _ D 7 NVV , : ,, > , h "/V� /i°= �a �.Y ���NE'vi 1(NUTSON NoPublic " �`" NOTARY PUBIC- MINNF.SOTA `' 'Y RAMSEY COUNT Y hly Commission Expires S3pI • 1997 S m w.i•W VVWwvsM,VVVvvVVVVVVvV `,nv7 Date: e l r Cf 14 r z/ Steven Carlisle Subscribed and sworn to before me this /7 day of ,J/24C.0 , 1994. rie /y). • e _ , ,.J1 vv r•,,,,,,.F! `w....AM,V•.ANVvWs. j i°" " . M KNUTSON K.,!b�r� N 0, APY PUBLIC•MIN.trC'ri Notary Public �.�; RAMSEYCOUNIY 4 My Commission Expires Sep; 4. li:r07 n v . v A,V vvwVs.A..,` x C� I u / Date l 7 I ire i�- t l/ -1 .�.r.e��.e./I c 1'.- ;.2z� =-, ITOdney F wards Subscrib and sworn l to before me this �� , 1994 ,- : LYNNE M KNUTSCJ `. ; 1 NOTARY PUBLIG•�AfNN' SCT;R / _ ..•'.� RAMSEY COUN i Y � N y Public My Commission Expires (' ; a ;3; mv\A. VVV-1Vr'v vVK 4. - q Date: , t = Lo•n`ie Fa Subscribed and sworn to before me this / / day of 6 2U44...-4----r , 1994 4-(Z--/2-22------7.1_252________ V / - •. n;. ���- ._•.n,•..";A.�. \A..V'�ANUAN4�N! T N LV'' NE M KNUTSO N N OTA P ";' ,'' Notar Public uts .- 1 ,,,' .ar . 3 *.;... RAMSEYCOUN'.Y 10 f My Commission Expire, Spat = 1U7 mv. \' ,.•J•JvvvvMA/VVV VAVL :,.,.'vV'v'..,,vVr, . , , 9 . /( -- 70.Z..2 '- • - i Date: 6 y "X.4 : -,--..---..----'...... n ar AWN/ • Thurman Smith Subscribed and sworn to before me /.1th this ft day of qt(4/a----- , 1994 tt A/WW.AA.,^AAAAAAAAAAAAAAANWANwo ;4 1 . " — ",',:h LYNNE M KNUTSON g 'T ; NOTARY PUBLIC-Ivaio F.?..-.C.N.. I ,'. ..:- 44/Nce 7 n . / v-- RAMSEY COLIN) Y Nota y Public tv:? Cornmission E v, !-..-'L , ;.i . 1 .„. ,-':;.,,-,),),: Date: 6 --- 7 Darrill Berry .G Subscribed and sworn to before me P 2/ this ( / 9 -1/4-t day of • , 1994 A lke",./.....' , 7). e-) ?, .6' LYNNE M KNUTSON . OTA \'''::-1 NRY PUBLIC-MINNIESOTA •`<' Notar Public ..:...,,,.... RAMSEY COUN .., -,...,— c My Commission Expires Sept 4 1927 •;,.....,,,,,....,..A.A....AA.NAm.",~0.,..A.:0~~0.4 Date 6 - /7 - 9 y e. Byl Brown / Subscribed and sworn to before me .'?".,,;-:-:•--,‘,-;.. i ' : .V. 'Jc.;! this // of _914A--C- 1994. ,Z/4/iLe 717• X7b . -,,K, ‘''-'••,-.;::•••- .;:‘ ).1 t::: Expires Sti , 4 37 ‹ - No t a rj Public w .fr,..\, :A...., v•VW■ls.A.:A/VVOP 'VW e e' ,,•■•••■• sA .1-4 ---.; 2 . Date: ‘ ---- /7 -- 7 ..' 7 ,J'ames Fowler Z / Subscribed and sworn to befare me this / 1 .f..14...-C__ day of 19 ' 94. <..-- ••, LY: M 4,,,, Public M. v.',,.;,.:`,,Y RAWSEY CC . Y Notar 1 My Commission Expires 11 Date: Cam_ 77- • Anth Cila,47-- ny Carter Subscribed and sworn to before me this /7' day of 9U4t) , „Mr, •y�,ti�..�,�,•,,ti „o ..ti 1994. LYNNE M. KNUTSON NOTARY PUBLIC•MINH'7SOT, 4 RAMSEY COUN1 My Commission Expires Slept a 97 Notar Public , wv,. ti.. vvAnnrvwuWvvWw"vv,nn,A,PI f ATTORNEY FOR PLAINTIFFS i6) Date: uw Z Ho( Jeffrey R. Anders. E -1000 First Nati• al Bank 332 Minnesota Street St.�aul, MN 55101 DEFENDANT CITY OF ST. PAUL AJJ f” Date: .' Norm Coleman Mayor, City of St. Paul Subscribed and sworn to before me this / q day of 9e4t-C- , 1994 c,/(//////Z,6_ 771.{-4.1 NotarylPublic ATTORNEY FOR DEFENDANT � C Date: /! 1 �i f� , ;` ) /// Timothy E. Marx City Attorney James S. Tures Assistant City Attorney 400 City Hall St. Paul, MN 55102 12 STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT DISCRIMINATION Robert Mems, Nathanial Dav's, Byron Court File: 92- 005227 Brown, Steven Carlisle, Rooney Edwards, Lonnie Favors, Th rman Smith, James Fowler, James Smith,'•nthony Carter and Darrill Berry, P aintiffs, ORDER vs. The City of St. Paul, Timoo y K. Fuller, Chief of Fire and Safety S= rvices, D= fendants, Pursuant to a Settleme t Agreement and Release entered into by the above -named parties, an ■ attached hereto by reference, and the request of the parties her o, Based upon all the fil•s, records and proceedings herein, and for the reasons set for h in the aforementioned Settlement Agreement, IT IS HEREBY ORDERED: That the City of St Paul shall keep open the list of individuals who pass the f rst test for the purpose of hiring or promoting candidates to th. position of Captain in the St. Paul Department of Fire and Safety Services given subsequent to the signing of this Order for f ve (5) years or until everyone on that list has been promoted. Date: Joanne Smith Judge, Ramsey County District Court