07/25/1990 Meeting - Laserfiche WebLink

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e F. Rewording of Motions Mayor Miller suggested that staff review the way in which council motions are worded. He pointed out that the motions relating to the Retail Task Force final report had been confusing to the council. G. Settlement of Civil Suit City Attorney Bill Gary said that last April the City had entered into a settlement agreement with a group of plaintiffs in a case called Hunter vs. the City of Eugene, a civil rights lawsuit arising from the 1987 teacher's strike. He said the City had agreed to cloak the settlement at the request of the plaintiffs, but Judge Michael Hogan had lifted the cloak on the set- tlement the previous day, July 24. Mr. Gary said the case involved 18 teachers and one member of the news media, all of whom had filed civil rights claims against the City and 27 individual officials of the City--mostly police officers, but also the City Manager and the director of the Department of Public Safety. The plaintiffs claimed in their lawsuit that the City and the individuals listed had violated their State and Federal Constitutional civil rights, specifically their right to assemble. Mr. Gary said the City had agreed to a total settlement payment of $30,000, which equalled less than $1,600 per plaintiff. He said the case had involved e a great deal of preliminary litigation and discovery. He distributed three documents relating to the case, including the settlement agreements. Mr. Gary said that at the time of the teacher's strike there were disturbanc- es at the site of picket lines throughout the city. He said the police were called in to deal with the disturbances and arrests were made. He said force was used in connection with the arrests. Citations were referred to District Attorney, Douglas Harcleroad, who indicated on July 31, 1987, that the City and police had acted properly in their conduct during the strike, but that he would not prosecute most of the individuals in the case. Mr. Gary said the Oregon Supreme Court decision dismissed the State Constitu- tional claims advanced by the plaintiffs. He said this meant the plaintiffs would have had to go to Federal Court based only on their Federal Constitu- tional claims. Mr. Gary said that at this point Judge Hogan convened the parties, and in a series of lengthy sessions an agreement was reached, in- cluding the cloaking agreement. Mr. Gary said there were several reasons why it was in the interest of the City and the public to settle the case on these terms. He said the plain- tiffs agreed to dismiss, with prejudice, all of their claims against the 27 defendants, leaving only the City of Eugene as a defendant. He said only then did the City agree, through the City Manager, to the terms of the set- e MINUTES--Eugene City Council July 25, 1990 Page 6