1854RESOLUTION 1854
A RESOLUTION APPROVING THE SETTLEMENT OF LITIGATION
INVOLVING THE CITY OF WEST MEMPHIS AND THE WEST
MEMPHIS FIRE DEPARTMENT, AUTHORIZING THE MAYOR TO
EXECUTE THE SETTLEMENT AGREEMENT AND TO TAKE SUCH
OTHER ACTIONS AS MAY BE NECESSARY TO EFFECTUATE THE
SETTLEMENT, AND FOR OTHER PURPOSES.
WHEREAS, actions have been filed in the United States District Court for the Eastern
District of Arkansas, Jonesboro Division, styled Michael Jiles, et al. v. Auburt Robinson, et al.,
case number 3:03cv311, Michael Jiles and Patricia Hall v. William Johnson and City of West
Memphis, case number 3:04cv370, Jemal-David Green v. City of West Memphis and West
Memphis Fire Department, case number 3:OScv380, Joyce Westbrook, et al. v. City of West
Memphis, case number 3:04cv381, and Patricia A. Hall v. City of West Memphis, Arkansas, case
number 3:06cv00064 which seek damages and injunctive relief relating to conditions of
employment at the West Memphis Fire Department, and;
WHEREAS, the City of West Memphis has denied liability and continues to deny
liability for each and every cause of action alleged by the plaintiffs; and
WHEREAS, the plaintiffs have presented a settlement proposal which, if accepted and
approved by the West Memphis City Council, would result in the dismissal of the plaintiffs'
Complaints, in the matters set out above, with prejudice without any admission of liability or
wrongdoing, as well as the dismissal of any and all pending claims before the Equal Employment
Opportunity Commission by plaintiffs, with the exception of the claim asserted in Joyce
Westbrook v. City of West Memphis, et al., case number 3:OScv00093; and
WHEREAS, the proposed settlement provides for a total monetary payment of
$200,000.00 to the plaintiffs, which includes all attorneys fees and costs, of which amount the
City of West Memphis would be responsible for $50,000.00; and
WHEREAS, additional terms of the proposed settlement are set forth in the attached
memorandum; and
WHEREAS, the West Memphis City Council finds that the proposed settlement protects
the interests of the City of West Memphis and will save the expenses of protracted litigation, and
is in the best interest of the City of West Memphis;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT the proposed settlement for the dismissal
with prejudice of the actions filed in the United States District Court, Eastern District of
Arkansas, Jonesboro Division, styled Michael Jiles, et al. v. Auburt Robinson, et al., case number
3:03cv311, Michael Jiles and Patricia Hall v. William Johnson and City of West Memphis, case
number 3:04cv370, Jemal-David Green v. City of West Memphis and West Memphis Fire
Department, case number 3:OScv380, Joyce Westbrook, et al. v. City of West Memphis, case
number 3:04cv381, and Patricia A. Hall v. City of West Memphis, Arkansas, case number
3:06cv00064, is hereby approved and the Mayor is hereby authorized to execute a settlement
agreement, to cause to be paid to the plaintiffs and their legal representatives the City's portion of
the total monetary settlement and to take such actions and to execute any necessary documents or
pleadings to effectuate and implement the terms of the proposed settlement.
ADOPTED this 28`" day of June, 2006.
WILLIAM H. JOHNS ,Mayor
ATTEST:
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