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91-2229 a���� _,_.... t . � � � � �� � �Council File # � � �.___' ' Green Sheet # 13444 RESOLUTION CITY F SAMIT PAUL, MINNESOTA Presented By Referred To i Committee: Date �__._i" RESOLVED, that upon execution and delivery of a release in full to the City of St. Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-511-000 to Charles Phillips the sum of$24,000.00 in settlement of his claim for damages sustained as a result of various interactions between him and his supervisors between the years 1985 and 1991. APPROVED: ����L.�.� Judge of istrict Court ��1 L�/�j Yeas Nays Absent Requested by Department of: imon � oswitz --�'" City Attornev ��ca ee i e t tman �--- i son �_ � BY• „ .�^�..-✓ Adopted by Council: Date � � � ti � ` � ` Form Approved by City Attorney �-�- Adoption Certified by Council 3�cr�tary g `_� �,�' �� � �� . . . B ��� 1 �.-f Y� � Approved by Mayor for Sub ission to Council f �� /.., Approved by M or Date /��//� ' ^ . ��: �N�:��f�/ll(f.'!//.�i ���� sy: �����.i;g;� � � �.'91 ����.,���� ��� • � �i�a�q✓ , DEPARTMENT/OFFICE/COUNCIL DATE INITIATED C�t Attorne 11/20/91 GREEN SHEET N°. - 13444 CONTACT PERSON 8 PHONE INITIAUDATE INITIAUDATE �DEPARTMENT DIRECTOR �CITY COUNCIL James S. Tures, 298-5475 A$$�GN O CITYATfORNEY �CITYCLERK NUMBER FOR MUST BE ON COUNCIL AGENDA BY(DATE) ROUTING �BUDGET DIRECTOR �FIN.&MGT.SERVICES DIR. ORDER �MAYOR(OR ASSISTAN� � TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Settlement of claim of Charles Phillips for $24,000.00. RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAI SERVICE CONTRACTS MUST ANSWER THE FOLLOWiNG QUESTIONS: _PLANNINCi COMMISSION _ CIVIL SERVICE COMMISSION �• Hes this person/firm ever worked under a contract for this department? _CIB COMMITTEE _ YES NO _STnFF _ 2• Has this person/firm ever been a city employee? YES NO _ DISTRiCT COURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVEI YES NO Explaln all yes answers on separate sheet and attech to green sheet INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why): Charles Phillips, a 45-year-old black male who was hired by the City of St. Paul as a computer operator in 1985, brought an action in Federal District Court against the City alleging violations of his constitutional rights, racial and age discrimination, retaliation, defamation, and violations of the Data Privacy Act. The Equal Employment Opportunity Commission conducted an investi ation and in Januar 1989 found that robable cause ADVANTAQESIF��ed fOY� racial discrimination and retaliation. Plaintiff is alleging certain facts which, if believed by a jury, would result in a finding of a violation of his constitutional rights as well as the other violations. In addition to compensating him for mental and emotional pain and suffering, jury determination that the City violated his constitutional rights would require us to also pay all of his attorney�s fees. This office recommends settlement of this matter in the amount of $24,000.00. DISADVANTAGES IF APPROVED: ;���EIVED NOV � 0 1991 �p�y�;�'S OfFI�E DISADVANTACaES IF NOT APPROVED: ��'WS;S..i� k'7f'�± ,g;. �'' 3`°?i.�� � RECEIVED `" "'`" .` ``°; DEC 0 31g91 NOU 2 5 1991 CITY CLERK TOTAL AMOUNT OF TRANSACTION S 24, OOO.OO COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDINGSOURCE Tort Liability ACTIVITYNUMBER 09070 FINANCIAL INFORMATION:(EXPLAIN) ��,/ W . . . . NOTE: COMPLETE DIRECTIONS ARE IPJ�LUDED IN THE aREEN SHEET INSTRUCTIONAL ' MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). � ROUTING ORDER: Below are correct routings for the five most frequent rypes of documents: CONTRACTS(assumes authorized budget exists) COUId�IL RE�OLUTION (Amend Budgets/Accept.Grants) 1. Outside Agency i. Department-Dirgctor � - 2. Department Director 2. Ciry Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for contracts over$50,000) 5. City 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. Activiry 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 Serariees 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 paperclfp 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 COUNGL OBJECTIVE? Indicate which Councit 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 ciry's liability 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 simpiy 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 projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed (e.g.,traffic delays, noise, tax increases or assessments)?To Whom?When?For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability 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, in general you must answer two questions: How much is it going to cost?Who is going to pay?