91-2253 ����� � Council File # ~� ^ ��� v
RESOLUTION
� Green Sheet # �6708
CITY OF SAINT PAUL, MINNESOTA
Presented By �
Referred To Committee: Date 7
Resolved, that the proper City officers are hereby directed to execute a settlement
agreement between the City of Saint Paul and John Stackpole.
Futher Resolved, that the proper City officials are directed to pay the sum of sixteen
thousand dollars ($16,000.00) as settlement under the terms of the settlement
agreement.
Yeas Nays Absent Requested by Department of:
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DEC 12 1 91 By: '�� .�',1.�,-�
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CITY OF SAINT PAUL
IIVTERDEPARTb1ENTAL 1�ID�IORANDUM
City Attorary
S00 Land�mark Toweis
298-S121
DATE: OCTOBER 30, 1991
kECEIV�D
TO: TOM EGGUM
� Public Works t�F.C 0 41g91
FROM: GERALD T. HENDRICKSON ���Y GLERK
RE: STACKFOLE V. CITY
Attached to this memo is the SEITLEMENT AGREEMENT in the above-reference
case. It is executed by Mr. Stackpole.
As I indicated over tt�e phone, we agree to pay $14,000 to Mr. Stackpole and $2000 to
his attorneys. (Paragraph 2 �and 3). We also agree to place all documents related to the
circumstances of his termination in a separate sealed file in Personnel, the disclosure of which
will be governed by the Data Practices law. (Paragraph 4).
In return, he agrees to release us from all claims for acts that occurred prior to the
execution of the agreement. (Paragraph �. Both parties also agree not to disparage the other.
(Paragraph 5). Finally, this SEITLEMENT AGREEMENT does not constitute an admission
of wrong doing in any way. (Paragraph 6).
Based upon the facts of the case and the interests of the Public Works Department and
the City of Saint Paul, I recommend the acceptance of this SETTI.EMENT AGRFF.MF.NT,
While I believe that the chances are good that the City could prevail in this law suit, there is a _
non-trivial risk that Mr. Stackpole could prevail. The consequences of that could be a money
damages award greatly in excess of the settlement amount, attorney's fees, and civil penalties
plus the City could be ordered to give Mr. Stackpole a permanent position. Consequently, I
believe that the settlement is reasonable and just and that it is in the best interests of the City to
accept it.
Please initiate a council resolution authorizing the proper City officers to execute the
agreement. Please let me know if you have any further questions or if I can be of further
assistance. Within 21 days after the City executes the agreement, we need to send the checks
and an executed copy of the agreement to Mr. Stackpole's attorneys. Please update me on the
progress of the resolution.