98-240OR�G{NA�
Presented By
Green
C1TY OF SAINT
1
2
3
4
5
6
7
Re£erred To
�,���.--
Council File � � ei"7 �
�
# � 63 1 3
J(
Committee: Date
RESOLVED, That upon execution and delivery of a release in full to the City, in a for to be
approved by the City Attomey, the proper City officers aze hereby authorized and directed to pay out
of the Tort Liability Fund, 0907Q to Willie Fred Howard and Albert Turner Goins, Sr., his attorney,
the sum of $6,000.00 in fuil settlement of Howard's claims for damages against the City of St. Paul
and all its employees, arising out of the occurrence on October 18, 1995 in the City o£ St. Paul, as
is more particularly set out in the Summons and Complaint.
Adopted by Council: Date � i�a�'($`
i
Adoption Certified by Council Secretary
B �- �
Approved by Ma� or • Qte �7 R
By:
Requested by Department of:
°lg•a`10
DEPARTM ty A't torney DA 03/13/98 GREEN SHEE - N°_ 31 16 3
CONTACT PEflSON & PHONE INITIAL/DATE INITIAVDATE
�DEPAFiTMENTDIRE �CITVCOUNCIL
James F.X. Jerskey 266-8757 nssicx �crrrnrroaNev Qcmc�aK
NUMBERFOR
MUST BE ON COUNCIL AGENOA BY (DATE) ROUTING � BUDGEf DIRECTOR � FIN. & MGT. SERVIGES �IR.
OHDER m MAVOR (OR ASSIST� �
TOTAL # OF SlGNATURE PAGES (CL{P ALL LOCATIONS FOR S1GtJATURE)
ACTION XE�UESTED:
Approval o£ resolution settlinq the claim o£ Willie Frecl Howard against the Citv of
St. Paul for $6,000.00.
RECAMMENDqTIONS:Approve(A)orRajeet(R) pEHSONALSERVICECON7RACTSMUSTANSWERTHEFOLLOWINGpUEST10NS:
_ PIANNING CAMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ever worked under a contract for this department? �
_ CIB COMMITTEE _ YES NO
— � AF � 2. Hes this person�rm ever been a ciry employee?
— YES NO p �
_ DISiRICTCOURT _ 3. Does this personRirm possess a skill `wt normaily pos5essed bY any CurreAttiryEfhpl6pN?
SUPPORTS WHICH COUNpL O&IECTIVE? YES NO
Ezplain all yes answers on separate shaet and ettach to green she 16 199�
MRIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, Whan, Where, Why�: �� pFFfC£
The Plaintiff, Willie Fred Howazd, brought suit in Federal District Court against the City and
Dayton's Department Store foilowing an incident that occurred while he was in custody for
shop]ifting on October 18, 1995. On that date, Howard was observed by store security concealing
merchandise in one of three shopping bags he was carrying. Security contacted the St. Paul Police,
who subsequently apprehended Howard without incident. Howard was handcuffed and brought to
,
ADVANTAGES IFAPPROVED:
When the investigation revealed that Howazd was fully clothed in stolen merchandise as well, the
officers ordered Howard to undress and hand them the clothing. Howard refused to cooperate for
a substantial period of time and ultimately became belligerent. Officer 7acobsson Uecame impatient
with Howard, and then shoved and slapped Howazd for failing to cooperate. Howard was handcuffed
with his hands behind his back. This event was captured on videotape by a Dayton's security camera.
The videotape was turned over to the St. Pau] Police Department, which investigated the
asnwANrA�e���q�EOOfficer 7acobsson was prosecuted for his actions, but acquitted. He was iscip me y t e
St. Paul Police Department as well.
Howazd's Complaint set forth various constitutional claims against the City, Officer Jacobsson
and Dayton's Aepartment Store.
The City Attorney's Office, as well as the attorneys representing Dayton's, entered into a
DISADVANTAGE >
O�cer Jacobsson and Dayton's Department Store in exchange for the total payment of the sum of
$8,000.00, ofwhich $6,000.00 would be paid by the City of St. Paul and $2,000.00 from Dayton's.
Our office recommends approval of this settlement. �p��g�j; �}�S22tCr`�, Cei'22S
M�R 1 °� i99�
70TAL AMOUNT OF TRANSAC710N § 6� OOO _ OO COST/REVENUE BUDGETED (CIRCLE ONE) YE NO
FUNDItdGSOURCE Tort Liability Ft�nd ACTIVITYNUMBER O9O�IO
FINANCIAL INFORMA710N: (EXPLAIN)
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET ItJSTRUCTIONAL
- MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 29&4225};, ��,,
+.
ROUTING ORDER:
Below are correct routings for the frve most frequent types of documents: ,. ,
CONTRAdTS (assumes authorized budget exists) . _ COUNCIL pESOLUTION (Amend �Budgets/Accep4.. GreMs)
7. Outside Agency �
2. Depariment Director
3. Ciry Attomey '
4. Mayor (tor conVacts over $t5,000)
5. Human Rights (for conVacts over $50.000)
6. Fnance and Management Services Director
7. Finance Accounting ' -
1. �DepartraentDirec[or -.. ,� � �. ,. � � ���-
2. Budget �Director � � �
3. City Attomey
4. Mayor/Assistant � � '
5. CityCourw4l� � �
6. .Chief Acco'untan4 Finance and Managerrien(Services ,
ADMINISTRATIVE OR�ERS (Budgat Revision)
7. Activity Maneger � �
2. Department Accountani
3. Department Director
4. Budget Director
5. Cily Clerk
6. Chief'Accountant, Finance arW Management Services
ADMINIS7RATIV,E ORDERS (all others)
7. Department Director �
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
COUNCIL RESOLUTION (aIl others, end �Ord(nences)
1. Depertmeot Director
2. City Attomey
3. Mayor Assistant
4. City Councl
TOTAI NUMBER OF SIGNATUAE PAGES �
Indicate the Fof pages on-which signatures are required and paperclip or fleg�
each of tAese pages. '
ACTION AEQUESTED
Describe what the projecVrequest seeks to accomplish in ei[her chronologi-
cal order�or order of importance, whichever is most appropriate for the
issue. Do aot write complete se�tences. Begin each item in your tis[ with��
a verb.
Comp7ete iF the issue in question has been presented betore any body, public .
or private. , ' , , . �
SUPPORTS WHICH COUNCIL O&IECTIVE? , , ' ,
lndicate which CouncN objecGve(s) your projectlrequest supports by Rs,iing �
the key word(5) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC'DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL) � ,
PERSONAL SERVICE CONTRACTS: ' - ' � ' ' ' -
This information will be used to determine the city5 liability for workers compensation claims, taxes and proper Civil service hirtng rules.
INITIATING �PFOBLEM, fSSUE, OPPORTUNITY � � , '
Explain tbe situation or condiGOns that created a need for your project ' �� �
or request. � �
ADVANTAGEStFAPPROVED
Indicate wheiher this is simpty an annual budget procedure required by law!
charter or whether there are specific ways�,in which the City of Saint Paul
and its citizens will benefit from this project/action.
DISADVANTAGES IF APPROVED �
What negative effects or major changes to existing or past processes migbt
this projecthequest�produce "rf ft is passed (e.g., tYaffic delays, noise,
iax increases or assessments)? To Whwn? When? For how long?
DISADVANTAGES IF NOT APPROVED
Wfiat w8i be the negative consequences if tfie promised action is not
appro'ved? Inabiiiiy to delider service? ConGnuetl high traH'ec, rwise,
accidenYrate? loss otrevenue?
FINANCIAL IMPACT
Although you must tailor the information you provide bere tn tbe issue you
are, addressing, in general you must answer two questions: How' much is it
going to cost? Who is going to pay? � �
OR�G{NA�
Presented By
Green
C1TY OF SAINT
1
2
3
4
5
6
7
Re£erred To
�,���.--
Council File � � ei"7 �
�
# � 63 1 3
J(
Committee: Date
RESOLVED, That upon execution and delivery of a release in full to the City, in a for to be
approved by the City Attomey, the proper City officers aze hereby authorized and directed to pay out
of the Tort Liability Fund, 0907Q to Willie Fred Howard and Albert Turner Goins, Sr., his attorney,
the sum of $6,000.00 in fuil settlement of Howard's claims for damages against the City of St. Paul
and all its employees, arising out of the occurrence on October 18, 1995 in the City o£ St. Paul, as
is more particularly set out in the Summons and Complaint.
Adopted by Council: Date � i�a�'($`
i
Adoption Certified by Council Secretary
B �- �
Approved by Ma� or • Qte �7 R
By:
Requested by Department of:
°lg•a`10
DEPARTM ty A't torney DA 03/13/98 GREEN SHEE - N°_ 31 16 3
CONTACT PEflSON & PHONE INITIAL/DATE INITIAVDATE
�DEPAFiTMENTDIRE �CITVCOUNCIL
James F.X. Jerskey 266-8757 nssicx �crrrnrroaNev Qcmc�aK
NUMBERFOR
MUST BE ON COUNCIL AGENOA BY (DATE) ROUTING � BUDGEf DIRECTOR � FIN. & MGT. SERVIGES �IR.
OHDER m MAVOR (OR ASSIST� �
TOTAL # OF SlGNATURE PAGES (CL{P ALL LOCATIONS FOR S1GtJATURE)
ACTION XE�UESTED:
Approval o£ resolution settlinq the claim o£ Willie Frecl Howard against the Citv of
St. Paul for $6,000.00.
RECAMMENDqTIONS:Approve(A)orRajeet(R) pEHSONALSERVICECON7RACTSMUSTANSWERTHEFOLLOWINGpUEST10NS:
_ PIANNING CAMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ever worked under a contract for this department? �
_ CIB COMMITTEE _ YES NO
— � AF � 2. Hes this person�rm ever been a ciry employee?
— YES NO p �
_ DISiRICTCOURT _ 3. Does this personRirm possess a skill `wt normaily pos5essed bY any CurreAttiryEfhpl6pN?
SUPPORTS WHICH COUNpL O&IECTIVE? YES NO
Ezplain all yes answers on separate shaet and ettach to green she 16 199�
MRIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, Whan, Where, Why�: �� pFFfC£
The Plaintiff, Willie Fred Howazd, brought suit in Federal District Court against the City and
Dayton's Department Store foilowing an incident that occurred while he was in custody for
shop]ifting on October 18, 1995. On that date, Howard was observed by store security concealing
merchandise in one of three shopping bags he was carrying. Security contacted the St. Paul Police,
who subsequently apprehended Howard without incident. Howard was handcuffed and brought to
,
ADVANTAGES IFAPPROVED:
When the investigation revealed that Howazd was fully clothed in stolen merchandise as well, the
officers ordered Howard to undress and hand them the clothing. Howard refused to cooperate for
a substantial period of time and ultimately became belligerent. Officer 7acobsson Uecame impatient
with Howard, and then shoved and slapped Howazd for failing to cooperate. Howard was handcuffed
with his hands behind his back. This event was captured on videotape by a Dayton's security camera.
The videotape was turned over to the St. Pau] Police Department, which investigated the
asnwANrA�e���q�EOOfficer 7acobsson was prosecuted for his actions, but acquitted. He was iscip me y t e
St. Paul Police Department as well.
Howazd's Complaint set forth various constitutional claims against the City, Officer Jacobsson
and Dayton's Aepartment Store.
The City Attorney's Office, as well as the attorneys representing Dayton's, entered into a
DISADVANTAGE >
O�cer Jacobsson and Dayton's Department Store in exchange for the total payment of the sum of
$8,000.00, ofwhich $6,000.00 would be paid by the City of St. Paul and $2,000.00 from Dayton's.
Our office recommends approval of this settlement. �p��g�j; �}�S22tCr`�, Cei'22S
M�R 1 °� i99�
70TAL AMOUNT OF TRANSAC710N § 6� OOO _ OO COST/REVENUE BUDGETED (CIRCLE ONE) YE NO
FUNDItdGSOURCE Tort Liability Ft�nd ACTIVITYNUMBER O9O�IO
FINANCIAL INFORMA710N: (EXPLAIN)
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET ItJSTRUCTIONAL
- MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 29&4225};, ��,,
+.
ROUTING ORDER:
Below are correct routings for the frve most frequent types of documents: ,. ,
CONTRAdTS (assumes authorized budget exists) . _ COUNCIL pESOLUTION (Amend �Budgets/Accep4.. GreMs)
7. Outside Agency �
2. Depariment Director
3. Ciry Attomey '
4. Mayor (tor conVacts over $t5,000)
5. Human Rights (for conVacts over $50.000)
6. Fnance and Management Services Director
7. Finance Accounting ' -
1. �DepartraentDirec[or -.. ,� � �. ,. � � ���-
2. Budget �Director � � �
3. City Attomey
4. Mayor/Assistant � � '
5. CityCourw4l� � �
6. .Chief Acco'untan4 Finance and Managerrien(Services ,
ADMINISTRATIVE OR�ERS (Budgat Revision)
7. Activity Maneger � �
2. Department Accountani
3. Department Director
4. Budget Director
5. Cily Clerk
6. Chief'Accountant, Finance arW Management Services
ADMINIS7RATIV,E ORDERS (all others)
7. Department Director �
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
COUNCIL RESOLUTION (aIl others, end �Ord(nences)
1. Depertmeot Director
2. City Attomey
3. Mayor Assistant
4. City Councl
TOTAI NUMBER OF SIGNATUAE PAGES �
Indicate the Fof pages on-which signatures are required and paperclip or fleg�
each of tAese pages. '
ACTION AEQUESTED
Describe what the projecVrequest seeks to accomplish in ei[her chronologi-
cal order�or order of importance, whichever is most appropriate for the
issue. Do aot write complete se�tences. Begin each item in your tis[ with��
a verb.
Comp7ete iF the issue in question has been presented betore any body, public .
or private. , ' , , . �
SUPPORTS WHICH COUNCIL O&IECTIVE? , , ' ,
lndicate which CouncN objecGve(s) your projectlrequest supports by Rs,iing �
the key word(5) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC'DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL) � ,
PERSONAL SERVICE CONTRACTS: ' - ' � ' ' ' -
This information will be used to determine the city5 liability for workers compensation claims, taxes and proper Civil service hirtng rules.
INITIATING �PFOBLEM, fSSUE, OPPORTUNITY � � , '
Explain tbe situation or condiGOns that created a need for your project ' �� �
or request. � �
ADVANTAGEStFAPPROVED
Indicate wheiher this is simpty an annual budget procedure required by law!
charter or whether there are specific ways�,in which the City of Saint Paul
and its citizens will benefit from this project/action.
DISADVANTAGES IF APPROVED �
What negative effects or major changes to existing or past processes migbt
this projecthequest�produce "rf ft is passed (e.g., tYaffic delays, noise,
iax increases or assessments)? To Whwn? When? For how long?
DISADVANTAGES IF NOT APPROVED
Wfiat w8i be the negative consequences if tfie promised action is not
appro'ved? Inabiiiiy to delider service? ConGnuetl high traH'ec, rwise,
accidenYrate? loss otrevenue?
FINANCIAL IMPACT
Although you must tailor the information you provide bere tn tbe issue you
are, addressing, in general you must answer two questions: How' much is it
going to cost? Who is going to pay? � �
OR�G{NA�
Presented By
Green
C1TY OF SAINT
1
2
3
4
5
6
7
Re£erred To
�,���.--
Council File � � ei"7 �
�
# � 63 1 3
J(
Committee: Date
RESOLVED, That upon execution and delivery of a release in full to the City, in a for to be
approved by the City Attomey, the proper City officers aze hereby authorized and directed to pay out
of the Tort Liability Fund, 0907Q to Willie Fred Howard and Albert Turner Goins, Sr., his attorney,
the sum of $6,000.00 in fuil settlement of Howard's claims for damages against the City of St. Paul
and all its employees, arising out of the occurrence on October 18, 1995 in the City o£ St. Paul, as
is more particularly set out in the Summons and Complaint.
Adopted by Council: Date � i�a�'($`
i
Adoption Certified by Council Secretary
B �- �
Approved by Ma� or • Qte �7 R
By:
Requested by Department of:
°lg•a`10
DEPARTM ty A't torney DA 03/13/98 GREEN SHEE - N°_ 31 16 3
CONTACT PEflSON & PHONE INITIAL/DATE INITIAVDATE
�DEPAFiTMENTDIRE �CITVCOUNCIL
James F.X. Jerskey 266-8757 nssicx �crrrnrroaNev Qcmc�aK
NUMBERFOR
MUST BE ON COUNCIL AGENOA BY (DATE) ROUTING � BUDGEf DIRECTOR � FIN. & MGT. SERVIGES �IR.
OHDER m MAVOR (OR ASSIST� �
TOTAL # OF SlGNATURE PAGES (CL{P ALL LOCATIONS FOR S1GtJATURE)
ACTION XE�UESTED:
Approval o£ resolution settlinq the claim o£ Willie Frecl Howard against the Citv of
St. Paul for $6,000.00.
RECAMMENDqTIONS:Approve(A)orRajeet(R) pEHSONALSERVICECON7RACTSMUSTANSWERTHEFOLLOWINGpUEST10NS:
_ PIANNING CAMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ever worked under a contract for this department? �
_ CIB COMMITTEE _ YES NO
— � AF � 2. Hes this person�rm ever been a ciry employee?
— YES NO p �
_ DISiRICTCOURT _ 3. Does this personRirm possess a skill `wt normaily pos5essed bY any CurreAttiryEfhpl6pN?
SUPPORTS WHICH COUNpL O&IECTIVE? YES NO
Ezplain all yes answers on separate shaet and ettach to green she 16 199�
MRIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, Whan, Where, Why�: �� pFFfC£
The Plaintiff, Willie Fred Howazd, brought suit in Federal District Court against the City and
Dayton's Department Store foilowing an incident that occurred while he was in custody for
shop]ifting on October 18, 1995. On that date, Howard was observed by store security concealing
merchandise in one of three shopping bags he was carrying. Security contacted the St. Paul Police,
who subsequently apprehended Howard without incident. Howard was handcuffed and brought to
,
ADVANTAGES IFAPPROVED:
When the investigation revealed that Howazd was fully clothed in stolen merchandise as well, the
officers ordered Howard to undress and hand them the clothing. Howard refused to cooperate for
a substantial period of time and ultimately became belligerent. Officer 7acobsson Uecame impatient
with Howard, and then shoved and slapped Howazd for failing to cooperate. Howard was handcuffed
with his hands behind his back. This event was captured on videotape by a Dayton's security camera.
The videotape was turned over to the St. Pau] Police Department, which investigated the
asnwANrA�e���q�EOOfficer 7acobsson was prosecuted for his actions, but acquitted. He was iscip me y t e
St. Paul Police Department as well.
Howazd's Complaint set forth various constitutional claims against the City, Officer Jacobsson
and Dayton's Aepartment Store.
The City Attorney's Office, as well as the attorneys representing Dayton's, entered into a
DISADVANTAGE >
O�cer Jacobsson and Dayton's Department Store in exchange for the total payment of the sum of
$8,000.00, ofwhich $6,000.00 would be paid by the City of St. Paul and $2,000.00 from Dayton's.
Our office recommends approval of this settlement. �p��g�j; �}�S22tCr`�, Cei'22S
M�R 1 °� i99�
70TAL AMOUNT OF TRANSAC710N § 6� OOO _ OO COST/REVENUE BUDGETED (CIRCLE ONE) YE NO
FUNDItdGSOURCE Tort Liability Ft�nd ACTIVITYNUMBER O9O�IO
FINANCIAL INFORMA710N: (EXPLAIN)
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET ItJSTRUCTIONAL
- MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 29&4225};, ��,,
+.
ROUTING ORDER:
Below are correct routings for the frve most frequent types of documents: ,. ,
CONTRAdTS (assumes authorized budget exists) . _ COUNCIL pESOLUTION (Amend �Budgets/Accep4.. GreMs)
7. Outside Agency �
2. Depariment Director
3. Ciry Attomey '
4. Mayor (tor conVacts over $t5,000)
5. Human Rights (for conVacts over $50.000)
6. Fnance and Management Services Director
7. Finance Accounting ' -
1. �DepartraentDirec[or -.. ,� � �. ,. � � ���-
2. Budget �Director � � �
3. City Attomey
4. Mayor/Assistant � � '
5. CityCourw4l� � �
6. .Chief Acco'untan4 Finance and Managerrien(Services ,
ADMINISTRATIVE OR�ERS (Budgat Revision)
7. Activity Maneger � �
2. Department Accountani
3. Department Director
4. Budget Director
5. Cily Clerk
6. Chief'Accountant, Finance arW Management Services
ADMINIS7RATIV,E ORDERS (all others)
7. Department Director �
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
COUNCIL RESOLUTION (aIl others, end �Ord(nences)
1. Depertmeot Director
2. City Attomey
3. Mayor Assistant
4. City Councl
TOTAI NUMBER OF SIGNATUAE PAGES �
Indicate the Fof pages on-which signatures are required and paperclip or fleg�
each of tAese pages. '
ACTION AEQUESTED
Describe what the projecVrequest seeks to accomplish in ei[her chronologi-
cal order�or order of importance, whichever is most appropriate for the
issue. Do aot write complete se�tences. Begin each item in your tis[ with��
a verb.
Comp7ete iF the issue in question has been presented betore any body, public .
or private. , ' , , . �
SUPPORTS WHICH COUNCIL O&IECTIVE? , , ' ,
lndicate which CouncN objecGve(s) your projectlrequest supports by Rs,iing �
the key word(5) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC'DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL) � ,
PERSONAL SERVICE CONTRACTS: ' - ' � ' ' ' -
This information will be used to determine the city5 liability for workers compensation claims, taxes and proper Civil service hirtng rules.
INITIATING �PFOBLEM, fSSUE, OPPORTUNITY � � , '
Explain tbe situation or condiGOns that created a need for your project ' �� �
or request. � �
ADVANTAGEStFAPPROVED
Indicate wheiher this is simpty an annual budget procedure required by law!
charter or whether there are specific ways�,in which the City of Saint Paul
and its citizens will benefit from this project/action.
DISADVANTAGES IF APPROVED �
What negative effects or major changes to existing or past processes migbt
this projecthequest�produce "rf ft is passed (e.g., tYaffic delays, noise,
iax increases or assessments)? To Whwn? When? For how long?
DISADVANTAGES IF NOT APPROVED
Wfiat w8i be the negative consequences if tfie promised action is not
appro'ved? Inabiiiiy to delider service? ConGnuetl high traH'ec, rwise,
accidenYrate? loss otrevenue?
FINANCIAL IMPACT
Although you must tailor the information you provide bere tn tbe issue you
are, addressing, in general you must answer two questions: How' much is it
going to cost? Who is going to pay? � �