HomeMy WebLinkAbout16343 1 RESOLUTION NO. 16,343
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3 A RESOLUTION TO CONSENT TO THE OUTCOME OF COURT-
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OURT4 ORDERED MEDIATION IN AN AMOUNT FROM THE CITY OF LTITLE
5 ROCK, ARKANSAS, NOT TO EXCEED TWO HUNDRED FORTY-FIVE
6 THOUSAND DOLLARS ($245,000.00), TO GRANT AUTHORITY FOR
7 THE MAYOR AND CITY CLERK TO EXECUTE A SETTLEMENT
8 AGREEMENT APPROVED AS TO FORM BY THE CITY ATTORNEY;
9 AND FOR OTHER PURPOSES.
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11 WHEREAS, the City of Little Rock, Arkansas ("City") has been sued by five (5) separate Police
12 plaintiffs which alleges employment discrimination, a hostile work environment and retaliation in Alice
13 Fulk and Christina Plummer v. Keith Humphrey, and the City of Little Rock,Arkansas, No.60CV-20-2799,
14 Pulaski Circuit [12th Division], and Hayward Finks, Duane Finks and Reginald Parks v. Keith Humphrey
15 and City of Little Rock,Arkansas, No.60CV 20-2718,Pulaski Circuit[2nd Division];and,
16 WHEREAS, after participation in Court-Ordered Mediation these cases can be resolved by the
17 payment of Four Iliindred Ninety Thousand Dollars($490,000.00)to the plaintiffs,which includes all costs,
18 fees,attorneys fees and damages,and completely and finally resolves all such claims; and,
19 WHEREAS,pursuant to the provisions of a defense pool with the Arkansas Municipal Leage Defense
20 Fund,the City is responsible for one-half of the amount to be paid,or Two Hundred Forty-Five Thousand
21 Dollars($245,000.00);and,
22 WHEREAS,this settlement,without the admission of any liability,is deemed to be in the best interests
23 of the City.
24 NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
25 OF LITTLE ROCK,ARKANSAS:
26 Section 1. After contact with the various members of the Board of Directors by the City Attorney,
27 who announced the intent to move forward with this settlement which is the result of Court-Ordered
28 Mediation,the Board of Directors agrees to pay Two Hundred Forty-Five Thousand Dollars($245,000.00)
29 to the Arkansas Municipal League Defense Fund to comply with a settlement agreement, to be approved
30 by the City Attorney, in settlement of all requests for fees,costs,attorneys fees and alleged damages,but in
31 doing so not to admit any liability on the part of the City.
32 Section 2. Funds for this settlement payment are available in Account No. 101002-62010.
33 Section 3. While the parties understand that the maximum exposure of the City is the amount set forth
34 in Section 1 above, it is also known that some of the damages awards may be treated as income,and if so,
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1 then there will be a necessity for the City to withhold certain obligations as to State and Federal Income
2 Tax, pension and other matters, so even if there is a minor amount above the anticipated amount, such
3 among is approved if it brings to an end this litigation.
4 Section 4. Severability. In the event any title, subtitle, section, subsection, subdivision, paragraph,
5 subparagraph,item,sentence,clause,phrase,or work of this resolution is declared or adjudged to be invalid
6 or unconstitutional,such declaration or adjudication shall not affect the remaining portions of the resolution,
7 which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitu-
8 tional was not originally a part of this resolution.
9 Section 5. Repealer. All ordinances, resolutions, or parts of the same that are inconsistent with the
I 0 provisions of this ordinance,are hereby repealed to the extent of such inconsistency.
I 1 ADOPTED: June 4,2024
12 A ',it APPROVED:
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13 .41011'
14 :I
15 san La ,City Clerk rank Scott,Jr.,Mayor
16 A' 'RO . • S TO LEGAL FORM:
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19 Thomas M.Carpenter,City Attorne
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