91-1610 �������
Council File # ��— ��
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�- ' Green Sheet # 13432
RESOLUTION
CITY OF SAI PAUL, MINNESOTA
Presented By � �
Referred To � Committee: Date
RESOLVED,that upon execution and delivery of a release in full to the City of Saint
Paul, the proper City officers are hereby authorized and directed to pay out of the Tort
Liability Fund 09070-0511 to Michael Merten, III, the sum of $26,500.00 in full settlement
of his claim for damages sustained September 20, 1990, as a result of an altercation with
police officers.
APPROVED:
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Judge of District Court
Yeas Nays Absent Requested by Department of:
imon r
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on �- City Attorney
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Adopted by Council: Date SEp Form Approved by City Attorney
Adoption Cer, fie�i by Coun�l Se retary gy. �
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B . �`'`�c � ��
y� Approved by Mayor for Submission to Council
Approved by Ma or: Date S�� - 5
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N� _ 13 4 3 2
City Attorney 8/15/91 GREEN SHEET
CONTACT PERSON 8 PHONE INITIAUDATE INITIAUDATE
�DEPARTMENT DIRECTOR �CITY COUNCIL
F Y'ank E. V i 11 aume, I I I , 547 5 A8S�4N �ci AITORNEY �CITY CLERK
MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR DGET DIRECTOR �FIN.&MGT.SERVICES DIR.
ROUTINO
ORDER MAYOR(OR ASSISTANT) �
TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION RE�UESTED:
Rpproval of resolution settling claim of Michael Merten, III ,
against the City for $26, 500.
RECOMMENDATIONS:Approve(A)or ReJect(R) pER80NAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_PLANNINO COMMISSION _ CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a contract for this department?
_CIB COMMITTEE _ YES NO
2. Has this person/firm ever been a city employee?
_STAFF — YES NO
_oISTRICT CouR7 _ 3. Does this person/firm possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO
Explain all yss answers on separate sheet and attach to green aheet
INITIATING PROBLEM,ISSUE.OPPORTUNITY(Who,What,When,Where,Why):
On September 20, 1990, St. Paul police officers began pursuit of
the car driven by Michael Merten, III, who was suspected of
shoplifting. The high speed chase was joined by officers from the
Minnesota Highway Patrol and the Washington County Sheriff's
Department and ended in Hudson, Wisconsin. Merten claims that once
apprehended, officers threw him to the ground, kicked him and
punched him. Merten allegedly suffered a scalp laceration which
required sutures, bruises, contusions and nerve injuries to his
ADVANTAGES I�IjIF�J; Merten is una le to identify t e in ivi ua s w o
assaulted him, but there is evidence that St. Paul police officers
failed to protect him from assault. Merten makes claim against the
City of St. Paul, State of Minnesota and Washington County alleqing
battery and violation of his constitutional rights. The City of
St. Paul has settled with Merten on a Pierringer release for
$26,500. Our office recommends approval.
DISADVANTAGES IF APPROVED:
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DISADVANTAOES IF NOT APPROVED:
RECEIVED Councii Aesearch Cent�r
.
AUG 2 7 1991 AUG 21 1991
CITY CLERK
TOTAL AMOUNT OF TRANSACTION S 26 . 5OO.OO COST/REVENUE BUDGETEP(CIRCLE ONE) YES NO
FUNDINGSOURCE Tort LlatJ111tV ACTIVITYNUMBER 09070
FINANCIAL INFORMATION:(EXPLAIN)
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL •
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225).
ROUTING ORDER:
Below are co�rect routings for the five most frequent types of documents:
CONTRACTS(assumes suthorized budget exists) COUNCIL RESOLUTION(Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. Ciry Attorney
3. Ciry Attorney 3. Budget Di'rector
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights(for contracts over$50,000) 5. Ciry Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others,and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the#of pages on which signatures are required and paperclip or flag
each of these pages.
ACTION REQUESTED
Describe what the projecUrequest seeks to accomplish in either chronologi-
cal order or order of importance,whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body,public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s)your projecUrequest supports by listing
the key word(s)(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 citys liabiliry for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE,OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by Iaw/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens wiil benefit from this project/action.
DISADVANTAGES IF APPROVED
What negative effects or major cha�ges to existing or past processes might
this projecUrequest produce if it is pessed (e.g.,traffic delays, noise,
tax increases or assessments�?To Whom?When? For how long?
D�SADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved?Inabiliry to deliver service?Continued high traffic, noise,
accident rate?Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing,i�general you must answer two questions: How much is it
going to cost?Who is going to pay?