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RESOLUTION NO. 7,008 389
A RESOLUTION AUTHORIZING THE CITY
ATTORNEY AND THE HOUSE LAW FIRM TO
ENTER INTO A CONSENT DECREE ON
BEHALF OF THE CITY OF LITTLE ROCK.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. That the Little Rock City Attorney and the
House Law Firm by Philip K. Lyon are hereby authorized to
enter into the Consent Decree attached hereto as Exhibit A
and made a part hereof involving the Little Rock Police and
Fire Departments and the Department of Justice.
ADOPTED: June 7, 1983
ATTEST: r.LL _ APPROVED:
ity CleYW Jane Czech Mayor J. W. Bena£ eld
(See Wall Folder #864 for letter from Phillip K. Lyon re: Attorney's
fees.)
I
i
IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
V.
CIVIL ACTION
NO.
THE CITY OF LITTLE ROCK, ARKANSAS,
a municipal corporation; WALTER E.
SIMPSON, Little Rock Chief of
Police; and RUBEN WEBB, Chief,
Little Rock Fire Department;
in their official capacities,
Defendants.
CONSENT DECREE
This action was brought by the United States of America
against the City of Little Rock, Arkansas, and its Police
Chief and Fire Chief in their official capacities (hereafter
collectively referred to as the City), to enforce the
provisions of Title VII of the Civil Rights Act of 1964, 42
U.S.C. §2000e et seq., as amended by the Equal Employment
Opportunity Act of 1972, Pub. L. 92 -261; to enforce the
nondiscrimination provisions of the State and Local Fiscal
Assistance Act of 1972, 31 U.S.C. §1242, as amended by the
State and Local Fiscal Assistance Amendments of 1976, Pub. L.
94 -488; to enforce the nondiscrimination provisions of the
Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C.
§3789d, as amended by the Crime Control Act of 1973, Pub. L.
93 -83, the Crime Control Act of 1976, Pub L. 94 -503, and the
Justice Systems Improvement Act of 1979, Pub. L. 96 -157. In
its Complaint the United States alleges, inter alia, that the
City has engaged in a pattern or practice of discrimination
based on race and sex with respect to hiring, assignment,
promotion, termination, discipline and other terms and
conditions of employment of the uniformed personnel in the
City's police and fire departments. In recognition of the
City's agreement herein to continue its recruiting and
administrative efforts to promote equal employment
opportunities for blacks and women, the United States agrees
to the entry of this Consent Decree which resolves all issues
raised by the Complaint.
The City specifically denies that the City is or has
been engaged in a pattern or practice of unlawful discrim-
ination in employment on the basis of race or sex and,
further, asserts that the City has been and remains committed
to a policy of equal employment opportunity for blacks and
females. However, desiring to avoid protracted, expensive, .
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and unnecessary litigation, which would involve the
expenditure of scarce public resources, and sharing with the
plaintiff the goal of insuring equal employment opportunity
within the City's workforce, the City is willing to enter
into this Consent Decree.
Accordingly, the parties, being desirous of settling
this action by appropriate decree, agree to the jurisdiction
of this Court over the parties and the subject matter of this
action, and hereby waive, for purposes of entry of this
Decree only, the entry of findings of fact and conclusions of
law. However, the parties admit and assent that the work-
force of the police and fire departments as of January 1,
1983 is shown by race and sex in the table attached hereto as
Appendix A.
With respect to the promotion of blacks in the police
department, the parties agree to abide by the final decision
resulting from the case Gilbert, et al, v. City of Little
Rock, Civ. No. LR -C -78 -340 (E,D. Ark., August 13, 1982,
appeal pending). Furthermore, the parties accept this Decree
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as final and binding among themselves as to the issues
resolved herein. This Decree, being entered with the consent
of the City, shall not constitute an admission, adjudication
or finding on the merits of the case.
lows:
It is therefore ORDERED, ADJUDGED AND DECREED as fol-
A. General
1. The City by and through its officials, agents,
employees and all persons in active concert or participation
with them in the performance of employment and /or personnel
functions shall not engage in any act or practice which has
the purpose or effect of unlawfully discriminating against
any employee of, or any applicant for, uniformed employment
with the police and /or fire departments of the City because
of such individual's race or sex. Remedial actions and
practices required by the terms of this Decree are not
discriminatory within the meaning of 42 U.S.C. §2000e, et
seq., as amended and 42 U.S.C. §3701, et sec., as amended.
2. The City agrees that all training, compensation,
hiring and promotional practices, job classifications and
assignments, working conditions, transfers, application of
seniority and all other terms, conditions and privileges of
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employment with the police and fire departments of the City
shall be maintained and conducted in a manner which does not
unlawfully discriminate on the basis of race or sex.
3. It is the purpose of this Decree to insure that
blacks and women receive opportunities equal to those of
whites and men in hiring and other employment policies and
practices of the police and fire departments of the City. In
particular, it is an objective of this Decree that the City
seek in good faith to achieve the employment of qualified
blacks and females as police officers and firefighters in
numbers approximating their interest in and ability to
qualify for such positions. It is recognized that the
achievement of this objective is facilitated by a process
free of unlawful barriers to their entry, by recruitment
efforts directed toward potential black and female applicants
for employment, and by the use of fair and nondiscriminatory
hiring and promotion procedures. It is further recognized by
the City that its supervisory officials are responsible for
seeking to prevent and for taking proper disciplinary
measures with respect to any racial or sexual harassment
among the employees they supervise.
4. The City shall advertise in the Arkansas Democrat
and Arkansas Gazette in a good -faith effort to contact all
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blacks and females with respect to whom records have been
retained, who completed applications for police officer or
firefighter positions and who took the written examination on
or after January 1, 1973, and before January 1, 1982, but who
were not hired. Such applicants shall be informed of their
right to reapply and to be considered along with other
applicants for such positions. Advertisements to fulfill this
paragraph shall be published once weekly for four weeks in
each newspaper, commencing thirty (30) days after entry of
this Order.
5. The United States recognizes the City's recent
program of recruitment directed at increasing the number of
qualified black and female applicants for police officer and
firefighter positions, and believes the program commendable.
The City agrees to maintain its recruitment program, so as to
continue to attract blacks and females at the levels most
recently attained. At a minimum, it will use its best efforts
in recruitment so that approximately 258 of qualified police
officer applicants will be black and approximately 258 of
qualified firefighter
qualified police offi
6. In the event
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applicants will be black, and 16% of
per applicants will be women.
that the City continues to utilize a
police cadet program, the City shall continue to recruit
black and female applicants for cadet positions and shall
select cadets in a non - discriminatory manner.
7. The City agrees to fill all police officer and
firefighter positions by selecting and hiring or promoting
qualified persons in a non - discriminatory manner from among
the qualified applicants solicited and recruited in accord-
ance with the requirements of paragraph 4, 5, and 6, above.
It is the expectation of the City and the United States that
such non - discriminatory hiring and promotion will result in
the selection of qualified blacks and women in numbers
approximating their proportions among the qualified appli-
cants available for hire or promotion under the program of
recruitment agreed to in paragraphs 12, 13 and 14 below.
8. For the purposes of this Decree, the recruitment
goals and hiring objectives are not and will not be treated
as quotas. They are, rather, useful guidelines to assist in
the measurement of the City's progress toward achieving a
representative workforce. Accordingly, the parties fully
understand and agree that adoption and implementation of the
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terms of this Decree do not obligate the City to hire un-
necessary personnel, or to hire, transfer or promote any
person who is not qualified by valid qualification standards.
Nor does anything in this Decree either require or permit the
City to grant a preference in hiring, assignment or promotion
to a person who is less qualified over a more qualified
person where qualifications are measured by selection pro-
cedures which either do not have a substantial adverse impact
on blacks or women or which have been validated pursuant to
the Uniform Guidelines on Employee Selection Procedures, 28
C.F.R. 50.14, 29 C.F.R. 51.53 (hereinafter referred to as
"Uniform Guidelines ").
9. The City may continue to administer in a manner
consistent with paragraphs 1 and 8, above, and 15 and 18,
below, such written examinations, physical agility tests,
oral examinations, psychological examinations, physical
examinations, and other examinations as it may deem necessary
in order to select or promote City employees. If a question
is raised by the plaintiff with respect to the City's
compliance with this Decree, the City may cite such
procedures as evidence of its good faith efforts to meet the
objectives described in paragraph 5, above, and the
provisions of paragraphs 17 and 18 below, if there is no
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substantial adverse impact as a result of the use of such
procedures, or if such procedures have been validated in
accordance with the Uniform Guidelines. The City may also
continue to conduct background character investigations as
part of its employee selection and promotion process.
10. Compliance with the terms of this Decree shall be
deemed to satisfy, for purposes of the United States and its
agencies, the City's obligation under federal law (including,
but not limited to, Title VII of the Civil Rights Act of
1964, 42 U.S.C. §2000e, et se g., as amended, the State and
Local Fiscal Assistance Act of 1972, 31 U.S.C. §1242 et seq.,
as amended, and the Omnibus Crime Control and Safe Streets
Act of 1968, 42 U.S.C. §3701, et se q., as amended) to accord
blacks and women equal employment opportunities as uniformed
officers in the workforce of the police and fire departments.
11. In the event the entry of this Consent Decree
generates, either through intervention or separate, colla-
teral lawsuits, legal challenges to the appropriateness or
sufficiency of any measures contained herein, including any
actions claiming entitlement to damages against the City as a
result of the ordering of any of the relief ordered herein,
both the City and the United States shall fully defend the
lawfulness of any such measure. If any such collateral
lawsuit arises in state court, then the City shall promptly
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seek to remove such action to this Federal District Court.
B. Recruitment and Personnel Practices
12. The City shall continue to advertise the applica-
tion deadlines and minimum qualifications requirements for
police officer and firefighter positions in the ARKANSAS
GAZETTE and ARKANSAS DEMOCRAT and such other media as may be
appropriate to meet the recruiting goals established in
paragraph 5 above. Notices of all testing schedules and
application deadlines shall be delivered at least two weeks
prior to closing to:
1. Arkansas Employment Security Division
6300 Murray Street
Little Rock, Arkansas
2. Arkansas Employment Security Division
2606 Main Street
North Little Rock, Arkansas
Each advertisement and notice shall state: "As an equal
opportunity employer, the City of Little Rock is seeking
qualified black and female applicants."
13. The City shall display in its main public buildings
and provide yearly to the Arkansas Employment Security
Division and referral agencies used by the City to fill
police officer and firefighter positions, posters depicting
black males and black and white females in police officer's
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and firefighter's uniforms. The posters shall read as
follows:
The City of Little Rock
Seeks Qualified Applicants for Career Employment
as Police Officers and Firefighters
Contact the Personnel Office of the City
of Little Rock. Vacancies will be announced.
14. The City shall train a black police officer and a
black firefighter in recruiting skills and assign such
officers recruiting duties, credited against their assigned
hours in an amount sufficient to meet the goals stated in
paragraph 5, above. In cooperation with the City's personnel
department, such uniformed officers shall, in an amount
sufficient to meet the goals stated in paragraph 5, above (1)
upon permission from the appropriate school officials, make a
recruiting presentation at each high school in Pulaski County
which has an enrollment which is more than 10% black; (2)
contact such civic and community organizations as in their
judgment are likely to produce black or female applicants;
and (3) maintain contact with the placement personnel at
Shorter College, Philander Smith College, Arkansas Baptist
College and the University of Arkansas at Pine Bluff. They
shall participate, as allowed by the colleges, in job
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placement seminars, fairs, and other such recruiting related
activities sufficient to meet the goals stated in paragraph
5, above. Upon completion of six months service as recruiting
officers, such officers shall be awarded compensatory leave
for approved recruiting activities outside regular duty hours
at the normal rate for awarding compensatory time.
15. The City shall adopt the following personnel
procedures concerning the positions of police officer,
firefighter and police cadet:
a. The City shall retain all applications sub-
mitted for uniformed positions to the City
during the term of this Decree.
b. Records shall be maintained for the term of
this Decree by position for all uniformed
hiring, identifying all applicants as well as
the hired employees by name, address, tele-
phone number, race and sex, date applied, test
scores, date hired and date terminated.
C. The City recognizes that its present practices
of rank ordering applicants on certified
eligibility lists and applying the Rules of
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One or Three to applicants on such lists could
have had an adverse impact on blacks and /or
females. To insure compliance with Federal
equal employment opportunity laws, the City
shall, prior to establishment of any new
certified lists for police officer or fire-
fighter, revise these practices and eliminate
the Rules of One and Three in an effort to
create less burdensome selection procedures
which do not have a substantial adverse impact
on blacks or females, or which are validated
pursuant to the Uniform Guidelines. Prior to
their implementation, such revised practices
shall be submitted to plaintiff for review.
If plaintiff disapproves the practices,
they shall be submitted to the Court for
approval prior to use.
d. An evaluation report shall be prepared con-
cerning each applicant for a uniformed
position whose file is reviewed by any person
employed by the City for the purpose of
employee selection. Each evaluation report
shall set forth the basis upon which
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the selector recommends hiring or rejection.
The report shall show all documentation
considered by the selector, including tests,
applications and investigations, if any.
e. Probationary uniformed employees shall be
evaluated in writing at least every three
months and shall be given a copy of each
evaluation. A written termination report shall
be prepared and retained by the City for each
uniformed employee who is terminated stating
the basis for the termination.
f. The use of racially or sexually derogatory
terms by any uniformed police or fire
department employee while on duty shall be
grounds for appropriate discipline of the
offending employee, including written repri-
mand,.suspension and /or termination.
g. Any uniformed employee engaging in any action
while on duty which is intended to harass or
intimidate any person on the basis of race or
sex shall, in the first instance, be issued at
least a written reprimand and may be suspended
without pay or terminated as the situation
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warrants. A second such offense by the same
employee shall result in either a suspension
without pay or termination from employment by
the City, as appropriate.
h. The City shall investigate and make a written
determination as to the merit of each
allegation of a violation of paragraphs 15(f)
or (g) when a complaint has been made in
writing to any ranking officer of the police
or fire departments. Each determination shall
document the alleged incident, including the
names of the complainant and alleged offender,
details of the incident, and the nature of any
disciplinary action taken by the City. Each
employee of the police and fire departments
shall receive written notice of the
implementation of paragraphs (f) and (g).
i. The Personnel Department shall make every
effort to conduct an exit interview with each
person who resigns any uniformed position with
the police and fire departments of the City
and shall prepare a report stating the reasons
for the resignation.
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j. Each person authorized to conduct interviews
for the purpose of selecting among applicants,
including police and fire oral boards, shall
receive training in interview and evaluation
techniques and equal employment opportunity
guidelines before conducting such interviews
or being involved in the selection process.
All such interviews shall be structured and
uniformly evaluated.
k. The City shall not certify any new eligibility
lists for police officer and firefighter until
the employment relief ordered in paragraphs 17
and 18 below has been awarded as provided
therein.
1. Written tests for police officer and
firefighter shall be given on at least one
Saturday per certified list. Each test shall
be administered annually.
M. Physical examinations, where required, shall
be paid for by the City.
n. Trainees shall be assigned to work shifts in a
manner which offers them the opportunity for
support and consultation with other trainees
and experienced officers.
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16. The City will develop voluntary tutoring and
educational programs for police officer and firefighter
trainees to assist them in completing the required programs
successfully. Each trainee shall be informed of any
performance or test deficiencies in a manner designed to
allow the trainee an opportunity to meet the relevant
standards through additional training or study.
C. Specific Relief
17. The City shall pursuant to paragraph 18, below:
(a) offer employment to those persons
listed in Appendix B according to the schedule
stated therein and pursuant to the terms of
paragraph 18(e) below, until such time as
twenty (20) persons have been hired and have
served for at least three months, or the list
of persons is exhausted, whichever occurs
first; provided, however, that the employment
relief ordered in this paragraph and paragraph
18, below, shall be completed by the City
within fifteen (15) months of the date of
entry of this Decree;
(b) award to each of the twenty (20)
persons hired pursuant to paragraph 18, below,
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one thousand dollars ($1,000.00) upon comple-
tion of three months of employment; and
(c) withhold appropriate income taxes
and pay corresponding social security taxes.
18. Individual relief shall be offered in the following
manner:
(a) The City shall within thirty (30) days of the
date of entry of this Consent Decree send a
letter to those individuals whose names appear
on Appendix B, containing the relevant
paragraphs of Appendix F and appropriate
application forms. Of the recipients of an
Appendix F letter, each person who is selected
for relief by the City shall be sent a letter
containing the relevant paragraphs of Appendix
C within thirty (30) days of that person's
satisfactory completion of all medical,
physical agility, interview and background
investigation requirements; provided that the
City shall complete all such requirements
within seventy -five (75) days of receipt by
the City of that person's application.
(b) Offers of employment to the persons selected
- for relief under paragraph 18(a), above, shall
(c)
be made in the order of ranking. Each black
or female hired pursuant to this Consent
Decree shall have a competitive seniority
date equal to the median seniority date of all
persons hired from the written employment test
which that black or female took, except that
rehires shall have their original hire date.
However, if the competitive seniority date
of any such black or female -- as computed
under the preceding sentence -- would antedate
January 1, 1978, then that person's competi-
tive seniority date shall be deemed to be
January 1, 1978.
The competitive seniority date referred
to in paragraph 18(b), above, shall be used by
the City for all purposes in which competitive
seniority is used, including promotions and
layoffs. However, actual time of service of
persons hired pursuant to paragraph 18 of this
Decree shall be used for determining pension
rights, and no such person shall be eligible
for promotion until actually serving in grade
for the minimum time in grade requirements.
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(d) The City shall include the following informa-
tion in the appropriate semi - annual report to
be provided to the Department of Justice; (i)
A list of the recipients of all payments made
pursuant to paragraph 17(b), identifying
recipients by position, name, race, sex,
address, telephone number, date hired, date
paid and amount paid; and (ii) a list of any
persons under paragraph 18(a) whose applica-
tions were rejected during the reporting
period, with the reasons therefor, identifying
the applicant by name, race, sex, address and
date of application.
(e) Individual hiring relief shall be offered by
the City to persons selected by the City from
the group nominated for such relief by the
United States in Appendix B until twenty (20)
such persons have been hired by the City, or
until such time as the list is exhausted.
Police officer and firefighter offers to such
persons shall only be conditioned upon passage
of medical and psychological examinations,
interviews and background investigations;
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however, no such person who applied for
employment with or was terminated by the
police or fire department after January 1,
1978 shall be rejected on the basis
of age. If any individual nominated for
hiring relief is rejected on the basis of
medical or psychological examinations or
interviews or background investigations, the
United States shall have the right to object
to such rejection. The parties will make
attempts to resolve the issue and may submit
it to the Court for resolution if necessary.
Offers shall be made for the next available
positions in an order of ranking determined by
the City until twenty (20) persons are hired
from Appendix B, at least 16 of which shall be
Black.
(f) As a condition of payment under paragraph
17(b) the City may require a release and
waiver, in the form attached as Appendix E, of
any claims for alleged employment discrimina-
tion on the basis of race and /or sex a
recipient may have against the police or fire
- departments of the City.
(g) Notice by mail to individuals eligible for
relief shall be by certified mail, return
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receipt requested. Offers of employment shall
allow 21 calendar days for delivery and
response. In the event that any notice is
returned undelivered, the City shall notify
the United States within 30 days of the
return. The United States may pursue other
means to locate the corresponding individual.
(h) In the event that any person listed on
Appendix B is found by the City to be
unqualified for the corresponding position,
the City shall notify counsel for the United
States within two weeks in writing of the
basis for disqualification. If the United
States objects to the disqualification, it
shall notify the City within two weeks of the
service of the City's notice, stating the
basis for its objection. The parties shall
confer in a good faith effort to resolve any
objection, as required by Paragraph 23 below,
prior to submitting the objection to the
Court. The City shall not fill the
corresponding position during the period an
objection may be made by'the United States or,
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if such an objection is made, during the
period pending its resolution.
D. Records
19. The City shall retain during the period of this
Consent Decree necessary records to support the implementa-
tion of the Consent Decree, including all applications,
interview notes, interview reports, test results, discipli-
nary actions, evaluations and materials relating to recruit-
ing activities and any complaints of discrimination in
employment concerning uniformed positions. The City shall
also retain the following information:
(a) For each uniformed employee employed by the
police or fire departments of the City during
the reporting period: the name, race, sex,
hire date, termination date, pay grade, rate
of pay, and last promotion date, department,
position title, and hire date.
(b) For each job title: the name, race, sex, date
of application, test scores and date of hire
or offer of employment, if any, for each
person who completed an application for
employment with the City as a police officer,
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firefighter or police cadet during each
reporting period.
(c) A list of all organizations, schools, and
media which are contacted pursuant to para-
graphs 12, 13 and 14 showing the dates of all
contacts and the dates of publication of all
advertisements.
(d) A list of all promotions of uniformed
personnel arranged by reporting period within
the police or fire departments, stating by
department and position title the name, race,
sex, date of hire of each employee promoted,
date of promotion, and test scores, if any.
(e) A copy of each of the certified applicant
lists maintained by the City during the
reporting period for police officer or fire-
fighter positions. For each list, a report
shall be prepared explaining the method used
for ranking applicants.
(f) A copy of all exit interviews of black or
female uniformed employees of the police or
fire departments.
(g) A copy of each test used by the City during
the reporting period for the selection of
police officers or firefighters.
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20. The City shall make available for inspection and
copying at the expense of the Department of Justice copies of
specific documents upon written request sent by the
Department of Justice to the City's Attorney. The City shall
similarly furnish information or reports on matters relevant
to compliance with and implementation of the Decree to the
Department of Justice upon such written request.
21. The City shall provide semi - annually a chart in the
form of Appendix D to the Department of Justice. All informa-
tion shall be accurate as of the first day of July and
January of each year for a reporting period covering the
prior six months. Charts shall be mailed within 30 days of
the reporting date and shall be addressed to the attention of
Chief, Federal Enforcement Section, Civil Rights Division,
Department of Justice, Washington, D.C. 20530.
22. Notwithstanding any other provision of this Consent
Decree, nothing in this Consent Decree shall be deemed to
prejudice or affect in any way the right of Donna Miller to
pursue any individual action or remedy she might have arising
out of her separation from the City Fire Department in
October 1982.
23. Copies of this Consent Decree, to be supplied by
the United States to the City, shall be available to the
public-upon request at the City Personnel Office. A copy
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shall be posted in the police and fire departments at each
location where job openings are normally posted.
24. The parties shall attempt to resolve informally any
disputes which may occur under this Consent Decree. If the
parties are unable to reach agreement within thirty (30) days
of written notice by return receipt requested after a matter
has been brought to the attention of one of the parties by
another party, the issue may be submitted to the Court for
resolution.
25. The Court shall retain jurisdiction over this
Consent Decree for the entry of such further orders as may be
appropriate. It is the intent of the parties to achieve the
objectives of this Consent Decree by becember 31, 1987,
26. This Consent Decree shall expire on December 31,
1967, unless either party applies to the Court, with written
notice to the other, for an extension of this Consent Decree,
and on good cause shown following a hearing, said application
is granted. If such a motion is timely filed, the Court shall
retain jurisdiction until the issue is resolved.
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Entered this day of
Approved by:
PHILIP K. LYON
STEPHEN W. JONES
EDWARD G. ADCOCK
House, Jewell, Dillon,
Dover & Dixon, P.A.
1500 Tower Building
Little Rock, Arkansas 72201
R. JACK MAGRUDER, III,
City Attorney
CAROLYN B. WITHERSPOON,
Assistant City Attorney
Attorneys for Defendants
City of Little Rock, et al.
1983.
UNITED STATES DISTRICT JUDGE
DAVID L. ROSE
JOEL W. NOMKIN
BARBARA E. THAWLEY
Department of Justice
Washington, D. C. 20530
Attorneys for Plaintiff United
States of America
APPENDIX A
United States v. City of Little Rock
CONSENT DECREE
LITTLE ROCK POLICE AND FIRE DEPARTMENTAL
WORKFORCE AS OF JANUARY 12, 1983
DEPARTMENT WHITE BLACK
TOTAL M F M F
FIRE (UNIFORMED) 290 280 0 10 0
POLICE (UNIFORMED)
319 276 15
24 4
FEMALE
0
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APPENDIX B
United States v. Litte Rock
CONSENT DECREE
PERSONS ELIGIBLE FOR
MONETARY AND OTHER RELIEF
(a) Police officer applicants and terminated, at least
nine (9) of:
Name
Race
Sex
David Ansley
B
M
Perry Anthony, Jr.
B
M
Sarah Banks
B
F
Johnnie Barr
B
M
Glenn Booker
B
M
Victor Bonds
B
M
Rita W. Bradley
B
F
Harold Brown
B
M
Joseph Burnett
B
M
Arnold Carter
B
M
W. Coleman
B
M
Perry Colwye
B
M
Kenneth Cooney
B
M
Harmon Copeland
B
M
Dresden Cornett
B
M
Derek Crawford
B
M
Lottie Davis
B
F
Bobby Easter
B
M
Leon Eatmon
B
M
Walter Fears
B
M
Larry Ford
B
M
Odistene Fuller
B
F
Johnny D. Gilbert
B
M
Susan Green
B
F
Larry Griffo
B
M
Kenneth Grimes
B
M
Larry D. Hale
B
M
Name
Race
Sex
Lawrence Haley
B
M
Larry Hall
B
M
Willie Halliburton
B
M
Douglas Hargro
B
M
James L. Horton
B
M
Gloria Huffman
B
F
Arberdella Hurd
B
F
Earl Jackson
B
M
Steven R. Jackson
B
M
Roy Jimenez
B
M
Glen King
B
M
Eddie S. Johnson
B
M
Thomas C. Johnson
B
M
Annette Jones
B
F
Ralph P. Jones
B
M
James Lewis
B
M
Debora Lovelace
B
F
Sheila Lucious
B
F
Gwendolyn Mayo
B
F
Robert McCoy
B
M
Gus McGowan
B
M
Alex McNespey
B
M
Victor Moore
B
M
Cynthia Onukwube
B
F
Daphne Parchman
B
F
Terry D. Payne, Sr.
B
M
Robert Rice
B
M
Harriett C. Rogers
B
F
Lewis Sample
B
M
Billy Scott
B
M
Daniels Scruggs
B
M
Gloria Spence
B
F
Harrison Steele
B
M
Ophelia Tate
B
F
Marion Torrence
B
M
Robert - Torrence
B
M
Barbara Tyler
B
F
- 2 -
Name
Race
Sex
Eugene Tyree
B
M
Brenda Washington
B
F
Evans Washington
B
M
Tanya West
B
F
Davette Whitney
B
M
David Wilkins
B
M
Doris Williams
B
F
George E. Wilson
B
M
(b) Cadets who
were not promoted, at
least two (2)
of:
Name
Race
Sex
Tonda Bowen
W
F
Geraldine Broadway
B
F
Valerie Clay
B
F
Pamela Cowan
W
F
Carla David
B
F
Curtis Fleming
B
M
Clayton Frazier
B
M
Debbie Futrell
W -
F
Yowanda Grayson
B
F
Susan Harding
W
F
Jacqueline Herrick
W
F
Roderick Luckadue
B
M
Laron Martin
B
M
Anthony Nelson
B
M
(c) Black firefighter
applicants and
terminated, at least
three (3)
of:
Name
Race
Sex
Henry Basey
B
M
Jerry Bass
B
M
Derrick Biggs
B
M
Charles Bowers
B
M
Burt Butler
B
M
3 -
Name Race
James Cunningham
B
Lenton Harding
B
Leonard Jones
B
William Jordan
B
John Penister
B
Glendon Pigger
B
Louis Pike, Jr.
B
James Powell
B
James Rice
B
Shawn Ricks
B
Enice Thomas, Jr.
B
Noel Washington
B
Sylvester Weston
B
Mack R. Wiggins
B
Stanley Williams
B
- 4 -
Sex
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
APPENDIX C
United States v. City of Little Rock
CONSENT DECREE
EMPLOYMENT NOTICE LETTER
[Date]
[Name]
[Address]
[City and State and zip]
Dear [Name]
Under the terms of the Consent Decree of [DATE], 1983,
entered in the case United States v. City of Little Rock, et
al., Civ. No. LR- C- 83- [NUMBER] (E. D. Ark. [DATE], 1983), you
will be offered employment as a (police officer) (and)
(firefighter) and $1,000.00 on the following conditions. To
qualify you must accept the City's offer of employment and
serve successfully for three months. If you accept this award,
the City of Little Rock will also require you to release it
from all employment discrimination claims you may presently
have concerning the police and fire departments of the City
based on race or sex. The Release and Affidavit are enclosed.
If you have questions concerning this settlement you may call
collect Joel Nomkin (202- 633 -3872) or Barbara Thawley
(202- 633 -3895) at the United States Department of Justice or
the City of Little Rock City Attorney at 501- [NUMBER].
The City will notify you by mail if and when a position
becomes available for you. If you have a question concerning
your position on the eligible list, please call [NAME] in the
City's personnel department for more information. The number is
501 /[NUMBER].
DO NOT QUIT YOUR CURRENT JOB. A position with the City of
Little Rock may not be available for up to fifteen months.
Please inform the personnel department of the City if you move.
Payment of your $1,000.00 monetary award will be made upon
your satisfactory completion of three months of employment. The
City will require you to complete the release form at the time
you report to work.
Sincerely,
[City Representative]
APPENDIX D
United States v. City of Little Rock
CONSENT DECREE
SEMI - ANNUAL COMPLIANCE REPORT
TABLE 1
LITTLE ROCK POLICE AND FIRE DEPARTMENTAL
WORKFORCE [DATE] TO [DATE]
TOTAL
UNIFORMED
Initial
Hires
Terminations
Final
FIRE DEPARTMENT
WHITE BLACK FEMALE
M F M F
POLICE DEPARTMENT
WHITE BLACK FEMALE
TOTAL M F M F
UNIFORMED
Initial
Hires
Terminations
Final
TABLE 2
APPLICANT FLOW
FIRE DEPARTMENT
[TEST NAME AND DATE]
WHITE
TOTAL M F
APPLIED
FAILED TO SHOW
TESTED
PASSED
HIRED
POLICE DEPARTMENT
[TEST NAME AND DATE]
WHITE
TOTAL M F
APPLIED
FAILED TO SHOW
TESTED
PASSED
HIRED
BLACK
M F
BLACK
M F
FEMALE
FEMALE
APPENDIX E
United States v. City of Little Rock
CONSENT DECREE
RELEASE OF ALL CLAIMS AND RECEIPT
STATE OF )
ss.
COUNTY OF )
Contingent upon payment by the City of Little Rock to me
of One Thousand Dollars ($1,000.00) , which payment shall be
made upon my satisfactory completion of three months of
employment as a (police officer) (firefighter), and pursuant to
the provisions of the Consent Decree entered by the Honorable
[NAME], United States District Judge, on [ DATE ] in United
States v. City of Little Rock, et al., Civil Action No.
LR- C- 83- [NUMBER] (E.D. Ark.); I, [full name of claimant],
hereby release and forever discharge the City of Little Rock,
its Civil Service Commission and its current, former and future
officials, employees and agents, of and from all legal and
equitable claims arising out of that action or other legal,
equitable or administrative claims or causes of action arising
out of any transaction or occurrence relating to any alleged
discrimination on the basis of race or sex with respect to
hiring by or employment with the (police) (fire) department of
the City of Little Rock, in violation of any Federal, state or
Mko m M M M M M M r M M M M � M
local equal employment opportunity laws, statutes, regulations
or ordinances occurring before the date of the execution of
this Release; however, this Release shall not preclude any
workmen's compensation or unemployment insurance claim. I
further agree to discontinue any pending claim or action,
whether legal, equitable or administrative, which I may have
against the City of Little Rock, its Civil Service Commission
or any current or former officials, employees or agents of the
City, arising out of any transaction or occurrence relating to
alleged race or sex discrimination with respect to application,
hiring, promotion, discipline, discharge or any other term or
condition of employment arising out of any relationship or
course of dealings which I may have had relating to the
(police) (fire) department of the City of Little Rock; however,
this Release shall not require me to discontinue any workmen's
compensation or unemployment insurance claim.
I understand that the payment to be made to me upon my
satisfactory completion of three months of employment shall not
constitute an admission by any of the parties released of the
validity of any claim raised by me, or on my behalf.
I further understand that this Release will be rendered
null and void if I do not satisfactorily complete three months
of employment and thereby do not receive payment of One
Thousand Dollars ($1,000.00).
- 2 -
This Release constitutes the entire agreement between the
City of Little Rock and myself, without exception or exclusion.
I acknowledge that a copy of the Consent Decree in this
action has been made available to me.
I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS
THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.
Signed this day of , 1983.
[SIGNATURE]
[FULL NAME TYPED]
Social Security Number
Other Identification
SUBSCRIBED AND SWORN TO before me this day of
, 1983.
My commission expires:
Notary Public
- 3 -
t
APPENDIX F
United States v. City of Little Rock
Consent Decree
NOTICE OF CONSIDERATION
[Date]
[Name]
[Address]
(City and State and zip]
Dear [Name]
There is now pending in the United States District Court
for the Eastern District of Arkansas a civil action brought by
the Attorney General of the United States against the City of
Little Rock. The complaint alleges that the City of Little
Rock has discriminated in its employment practices related to
its police and fire departments against Blacks and females in
violation of Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. §2000e et sue., The State and Local Fiscal
Assistance Act of 1972, as amended, 31 U.S.C. §1221 et sue.,
and The Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 U.S.C. §3789d(c)(3). The City of Little Rock has
denied the allegations of the complaint.
The United States and the City of Little Rock have reached
a complete settlement of this action which the Court has
approved and entered. The Consent Decree requires the City of
Little Rock to take certain specific steps concerning the
recruiting and hiring of blacks and females into its police and
fire departments. It also provides for the settlement of
individual claims of discrimination by awarding monetary relief
and future employment.
Under the terms of the Consent Decree filed in the case
captioned United States V. City of Little Rock, et. al., Civ.
AT
No. LR- C- 83- [NUMBER] (E.D. Ark. [DE], 1963) you will be given
consideration for future employment as a (police officer) (and)
(firefighter) on the following conditions:
M
M M M M
(1) You must return the attached application form to the
personnel department before [Date 21 days after date of
letter]. A return envelope is enclosed.
(2) You must telephone the Personnel Department of the
City of Little Rock at (Number] before [Date 21 days after the
date of this letter] to schedule an interview and psychological
test to be given on either Saturday [Date] or Friday [Date].
(3) You must complete your scheduled interview and
related tests and examinations.
(4) You must accept employment as a (police officer)
(firefighter) when offered by the City, unless you are on
active duty in the armed forces.
(5) If selected for an award of relief, in order to
accept your award the City will require you to release it from
all employment discrimination claims you may presently have
related to the (police) (fire) department of the City
based on race or sex. A copy of the release form is enclosed
with this letter.
If you have questions concerning this settlement you may
call collect Joel Nomkin (202- 633 -3872) or Barbara Thawley
(202- 633 -3895) at the United States Department of Justice or
the Office of the Little Rock City Attorney at 501- [NUMBER]. A
copy of the Consent Decree is enclosed.
DO NOT QUIT YOUR CURRENT JOB. This letter is NOT an offer
of employment.
Sincerely,
[City Representative]