ACTION REQUESTED:
Title
Communication from the City Manager and the Interim Corporation Counsel with a Request to Authorize SETTLEMENT of OFFICER DONNA NICHOLSON'S Claims Against the City of Peoria and Officer Jeff Wilson in Donna Nicholson v. City of Peoria and Jeff Wilson, U.S. District Court, Central District of Illinois, Peoria, Illinois, Case No. 12-CV-1465.
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BACKGROUND: Plaintiff filed suit in federal court in November of 2012, asserting hostile work environment and retaliation claims. The suit essentially repeats her claims from a complaint filed with the Illinois Department of Human Rights. After the filing of Plaintiff's suit, the EEOC adopted the findings of the IDHR and attempted to facilitate a conciliation between the parties; however, Plaintiff declined to participate in that conciliation. Consequently, the pending federal litigation continued. The Trustee in Plaintiff's previous bankruptcy proceeding asserted claims over this litigation, and counsels for the defendants entered into settlement negotiations with the Trustee's appointed counsel. The parties have reached a tentative settlement of the claims, subject to the approval of the Council.
FINANCIAL IMPACT: The case would be settled for the amount negotiated.
NEIGHBORHOOD CONCERNS: N/A
IMPACT IF APPROVED: The claims in District Court would be dismissed with prejudice, and thus, the cost and uncertainties of further litigation would be avoided.
IMPACT IF DENIED: The litigation of this matter would continue until the matter is settled upon further pre-trial proceedings, resolved at the summary judgment stage, or decided at trial, but the City will incur additional costs including attorney fees for outside counsel.
ALTERNATIVES: Continue to litigate the matter in District Court.
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Financially Sound City ...
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