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98-274� ZZ ORlGIN�L Presented By Referred To Council File # �l y Green Sheet # 31198 RESOLUTION CITY OF SAlNT PAUL, MINNESOTA Committee: Date RE50LVED, that upon execution and delivery of a release in fuii to the City of Saint Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-051 to Ross Lundstrom and John Thompson, his attorney, the sum of $25,000.00 in full settlement of his ciaim for damages, costs and attorney's fees arising out ofthe City's decision not to provide defense and/or indemnification, inctuding the refusal to provide him with a hearing on that decision, in lawsuits brought against Ross Lundstrom by Catherine LaClair. APPROVED: . � � �g -�.�t� C1t ne D3/26/98 GREEN SHEE N°- 31 19 $ CANTACT PERSON & PHONE INIT7ALNATE INITIAVDATE O DEPARTMENT DiREGTOR � CITY COUNCIi Gail Lan field 266-8770 "�"�° �CRYATTOPNEY �CRYCLERK NUMBER FOR MUST BE ON COUNGL AGENDA BY (DATE) ��� Q BUDGET DIBECTOR � FlN. & MGT. SERVICES Dlfl. . OflDER r 7"1 MAYOR (OR ASSISTANn � I�t TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION flE-0UESTEU Approval of resolution sett3ing olaim against the City of St. Paul by Ross Lundstrom £or $25,OD0. REGOMMENOATONS: Apprwe (A) a Rejeut (F1 pERSONAt SERVICE CONTRACTS MUST ANSWER THE FOLLOW�NG QUESTIONS: _ PLANNING CAMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ever worked untler a comract Por this departmeM? - _ G�B COMMITTEE _ YES NO _ STAF'r - 2� Ha5 this pBfsonHirm ever been a City empl0yee,? — YES NO _ DISTRIC7 CAUR7 _ 3. Does this personflirm possess a skill not nortnall y possessed by any cuneM ciry employee? SUPPOpTS WHICH GOUNCIL O&IECTIVE4 YES NO Ezplafn all yes answers on separate aheet and attach to green aheet INIT�ATINO PROBLEM, ISSUE, OPPORTUNIN (Who, Wnat, When, Where, Why); St. Paul Poiice Officer Catherine LaClair filed a sexual harassment suit in United 5tates District Court in 1995 arising out of an incident in Prescott, Wisconsin, on 7une 20, 1993, with then Deputy Chief Ross Lundstrom. The City Attorney's Office refizsed to defend or indemnify Lundstrom having conciuded that his conduct was outside of the performance of his duties. The City inifiated a declaratory judgment action in state district court seeking a determination of whether it was ADVANTAGESIFAP jiOVED� achon alleging that his constitutional right to due process had been violated when the City failed to provide him with a hearing before denying him defense and indemnification. The state court judge ruled that Lundstrom did have a constitutionally protected right to a due process hearing. A trial followed and the jury found that the City did not have to provide him with defense and indemnification. The federal court, under the "full faith and crediY' doctrine accepted the findings of the state court. Consequently, Lundstrom was entitled to a trial in either state or federal court in which he could seek to recover damages and attorney's fees from the City arising out of the City's r o�sAOVnNTACEg�r�qq�,o�. provide him with a due process hearing. Prior to trial, the City reached a propose settlement with Lundstrom in the amount of $25,000.00 in full and final settlement of all claims which he had or couid assert against the City arising out of this incident, including damages, attorney's fees and contribution towards the payment to LaClair in settlement of her suit against Lundstrom. The City Attorney's Office recommends approval. D{SADVANTAGES IF NOT APPROVED: � t �� •3`} � yx �;t? . 'Ji �° _ . ., ta {1 TOTAL AMOUNT OF TppNSACTfON $ ZS , OOO . OO COST7REYENUE BUflGE7EA (CIqC�E�2NE) , VES NO Ft/NDIHG SOURCE Tort L73}�l�.lt}T ACTIVIiV NUMBER �9070 FINANCIAL INF�RMATION: (EXPLAIN) � ZZ ORlGIN�L Presented By Referred To Council File # �l y Green Sheet # 31198 RESOLUTION CITY OF SAlNT PAUL, MINNESOTA Committee: Date RE50LVED, that upon execution and delivery of a release in fuii to the City of Saint Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-051 to Ross Lundstrom and John Thompson, his attorney, the sum of $25,000.00 in full settlement of his ciaim for damages, costs and attorney's fees arising out ofthe City's decision not to provide defense and/or indemnification, inctuding the refusal to provide him with a hearing on that decision, in lawsuits brought against Ross Lundstrom by Catherine LaClair. APPROVED: . � � �g -�.�t� C1t ne D3/26/98 GREEN SHEE N°- 31 19 $ CANTACT PERSON & PHONE INIT7ALNATE INITIAVDATE O DEPARTMENT DiREGTOR � CITY COUNCIi Gail Lan field 266-8770 "�"�° �CRYATTOPNEY �CRYCLERK NUMBER FOR MUST BE ON COUNGL AGENDA BY (DATE) ��� Q BUDGET DIBECTOR � FlN. & MGT. SERVICES Dlfl. . OflDER r 7"1 MAYOR (OR ASSISTANn � I�t TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION flE-0UESTEU Approval of resolution sett3ing olaim against the City of St. Paul by Ross Lundstrom £or $25,OD0. REGOMMENOATONS: Apprwe (A) a Rejeut (F1 pERSONAt SERVICE CONTRACTS MUST ANSWER THE FOLLOW�NG QUESTIONS: _ PLANNING CAMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ever worked untler a comract Por this departmeM? - _ G�B COMMITTEE _ YES NO _ STAF'r - 2� Ha5 this pBfsonHirm ever been a City empl0yee,? — YES NO _ DISTRIC7 CAUR7 _ 3. Does this personflirm possess a skill not nortnall y possessed by any cuneM ciry employee? SUPPOpTS WHICH GOUNCIL O&IECTIVE4 YES NO Ezplafn all yes answers on separate aheet and attach to green aheet INIT�ATINO PROBLEM, ISSUE, OPPORTUNIN (Who, Wnat, When, Where, Why); St. Paul Poiice Officer Catherine LaClair filed a sexual harassment suit in United 5tates District Court in 1995 arising out of an incident in Prescott, Wisconsin, on 7une 20, 1993, with then Deputy Chief Ross Lundstrom. The City Attorney's Office refizsed to defend or indemnify Lundstrom having conciuded that his conduct was outside of the performance of his duties. The City inifiated a declaratory judgment action in state district court seeking a determination of whether it was ADVANTAGESIFAP jiOVED� achon alleging that his constitutional right to due process had been violated when the City failed to provide him with a hearing before denying him defense and indemnification. The state court judge ruled that Lundstrom did have a constitutionally protected right to a due process hearing. A trial followed and the jury found that the City did not have to provide him with defense and indemnification. The federal court, under the "full faith and crediY' doctrine accepted the findings of the state court. Consequently, Lundstrom was entitled to a trial in either state or federal court in which he could seek to recover damages and attorney's fees from the City arising out of the City's r o�sAOVnNTACEg�r�qq�,o�. provide him with a due process hearing. Prior to trial, the City reached a propose settlement with Lundstrom in the amount of $25,000.00 in full and final settlement of all claims which he had or couid assert against the City arising out of this incident, including damages, attorney's fees and contribution towards the payment to LaClair in settlement of her suit against Lundstrom. The City Attorney's Office recommends approval. D{SADVANTAGES IF NOT APPROVED: � t �� •3`} � yx �;t? . 'Ji �° _ . ., ta {1 TOTAL AMOUNT OF TppNSACTfON $ ZS , OOO . OO COST7REYENUE BUflGE7EA (CIqC�E�2NE) , VES NO Ft/NDIHG SOURCE Tort L73}�l�.lt}T ACTIVIiV NUMBER �9070 FINANCIAL INF�RMATION: (EXPLAIN) � ZZ ORlGIN�L Presented By Referred To Council File # �l y Green Sheet # 31198 RESOLUTION CITY OF SAlNT PAUL, MINNESOTA Committee: Date RE50LVED, that upon execution and delivery of a release in fuii to the City of Saint Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-051 to Ross Lundstrom and John Thompson, his attorney, the sum of $25,000.00 in full settlement of his ciaim for damages, costs and attorney's fees arising out ofthe City's decision not to provide defense and/or indemnification, inctuding the refusal to provide him with a hearing on that decision, in lawsuits brought against Ross Lundstrom by Catherine LaClair. APPROVED: . � � �g -�.�t� C1t ne D3/26/98 GREEN SHEE N°- 31 19 $ CANTACT PERSON & PHONE INIT7ALNATE INITIAVDATE O DEPARTMENT DiREGTOR � CITY COUNCIi Gail Lan field 266-8770 "�"�° �CRYATTOPNEY �CRYCLERK NUMBER FOR MUST BE ON COUNGL AGENDA BY (DATE) ��� Q BUDGET DIBECTOR � FlN. & MGT. SERVICES Dlfl. . OflDER r 7"1 MAYOR (OR ASSISTANn � I�t TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION flE-0UESTEU Approval of resolution sett3ing olaim against the City of St. Paul by Ross Lundstrom £or $25,OD0. REGOMMENOATONS: Apprwe (A) a Rejeut (F1 pERSONAt SERVICE CONTRACTS MUST ANSWER THE FOLLOW�NG QUESTIONS: _ PLANNING CAMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ever worked untler a comract Por this departmeM? - _ G�B COMMITTEE _ YES NO _ STAF'r - 2� Ha5 this pBfsonHirm ever been a City empl0yee,? — YES NO _ DISTRIC7 CAUR7 _ 3. Does this personflirm possess a skill not nortnall y possessed by any cuneM ciry employee? SUPPOpTS WHICH GOUNCIL O&IECTIVE4 YES NO Ezplafn all yes answers on separate aheet and attach to green aheet INIT�ATINO PROBLEM, ISSUE, OPPORTUNIN (Who, Wnat, When, Where, Why); St. Paul Poiice Officer Catherine LaClair filed a sexual harassment suit in United 5tates District Court in 1995 arising out of an incident in Prescott, Wisconsin, on 7une 20, 1993, with then Deputy Chief Ross Lundstrom. The City Attorney's Office refizsed to defend or indemnify Lundstrom having conciuded that his conduct was outside of the performance of his duties. The City inifiated a declaratory judgment action in state district court seeking a determination of whether it was ADVANTAGESIFAP jiOVED� achon alleging that his constitutional right to due process had been violated when the City failed to provide him with a hearing before denying him defense and indemnification. The state court judge ruled that Lundstrom did have a constitutionally protected right to a due process hearing. A trial followed and the jury found that the City did not have to provide him with defense and indemnification. The federal court, under the "full faith and crediY' doctrine accepted the findings of the state court. Consequently, Lundstrom was entitled to a trial in either state or federal court in which he could seek to recover damages and attorney's fees from the City arising out of the City's r o�sAOVnNTACEg�r�qq�,o�. provide him with a due process hearing. Prior to trial, the City reached a propose settlement with Lundstrom in the amount of $25,000.00 in full and final settlement of all claims which he had or couid assert against the City arising out of this incident, including damages, attorney's fees and contribution towards the payment to LaClair in settlement of her suit against Lundstrom. The City Attorney's Office recommends approval. D{SADVANTAGES IF NOT APPROVED: � t �� •3`} � yx �;t? . 'Ji �° _ . ., ta {1 TOTAL AMOUNT OF TppNSACTfON $ ZS , OOO . OO COST7REYENUE BUflGE7EA (CIqC�E�2NE) , VES NO Ft/NDIHG SOURCE Tort L73}�l�.lt}T ACTIVIiV NUMBER �9070 FINANCIAL INF�RMATION: (EXPLAIN)