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HomeMy WebLinkAbout04/05/2016 10 Vote Regarding the City's Appeals in the Case of Montes, et al. v. City of Yakima : r I�, t€ 1.,:,0 1 s. n. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 10. For Meeting of: April 5, 2016 ITEM TITLE: Vote regarding the City's appeals in the case of Montes, et al. v. City of Yakima, et al., pending in the U.S. Court of Appeals for the Ninth Circuit Nos. 15 -35309 and 15- 35593, consolidated by the Court in No. 15- 35309. SUBMITTED BY: Jeff Cutter, Interim City Manager Helen A. Harvey, Senior Assistant City Attorney Francis S. Floyd and John A. Safarli of Floyd, Pflueger & Ringer, P.S. SUMMARY EXPLANATION: At the City Council business meeting on March 15, 2016, the case of Montes and Arteaga v. City of Yakima, et al. was discussed by the City Council under other business. The City Council passed a motion that the City's appeals to the U.S. Court of Appeals for the Ninth Circuit be set for a vote on the April 5, 2016 City Council agenda. This lawsuit by the plaintiffs was filed on August 22, 2012 against the City of Yakima and the seven Council members under Section 2 of the federal Voting Rights Act in Montes, et al. v. City of Yakima, et al., United States District Court for the Eastern District of Washington Case No. CV- 12- 3108 -TOR, and requested injunctive and declaratory relief under Section 2 of the federal Voting Rights Act, 42 U.S.C. § 1973. On February 17, 2015, the Honorable Thomas O. Rice issued an Order in the case pursuant to Section 2 of the federal Voting Rights Act requiring the City of Yakima to implement a new system for electing City Council members. Under this system, there are seven district positions, and only the registered voters within a district can vote for candidates in the primary and general election for the district position. On June 19, 2015, the Honorable Thomas O. Rice issued an Order in which plaintiffs were awarded attorney fees in the amount of $1,521,911.50, and costs and expenses in the total amount of $324,102.76, for a total of $1,846,014.26. The City appealed the Orders, the Ninth Circuit consolidated the two appeals in No. 15- 35309, and on June 19, 2015, the Court stayed the briefing schedule. On November 3, 2015, a General Election was held, and pursuant to the seven district system as ordered by Judge Rice, there are seven districts in the City of Yakima, and seven Council members were elected by the voters in their respective districts and have served in their current term on the Yakima City Council since January 2016. ITEM BUDGETED: STRATEGIC PRIORITY: Public Trust and Accountability inore APPROVED FOR SUBMITTAL Interim City Manager STAFF RECOMMENDATION: This is a City Council decision. BOARD /COMMITTEE RECOMMENDATION: Distributed at the.46, Meeting -$ /� RESOLUTION NO R -2016- A RESOLUTION stating that the City of Yakima and the City Council will withdraw the appeals in the case of Monies and Arteaga v City of Yakima, et al , pending in the U S Court of Appeals in the Ninth Circuit, and that the City will pay the award of attorneys' fees and costs ordered by Judge Rice on June 19, 2015, subject to an agreement by the plaintiffs to waive interest and some attorney fees, and to donate $100,000 to the City of Yakima for certain purposes WHEREAS, on August 22, 2012, the plaintiffs filed a lawsuit against the City of Yakima and the seven Council members under Section 2 of the federal Voting Rights Act in Montes and Arteaga v City of Yakima, et al, United States District Court for the Eastern District of Washington Case No CV -12- 3108 -TOR, and requested injunctive and declaratory relief under Section 2 of the federal Voting Rights Act, 42 U S C § 1973, and WHEREAS, on February 17, 2015, the Honorable Thomas O Rice issued an Order in the case pursuant to Section 2 of the federal Voting Rights Act requiring the City of Yakima to implement a new system for electing City Council members Under this system, there are seven district positions, and only the registered voters within a district can vote for candidates in the primary and general election for the district position, and WHEREAS, on November 3, 2015, a General Election was held, and pursuant to the seven district system as ordered by the Honorable Thomas O Rice, there are seven districts in the City of Yakima, and seven Council members were duly elected by the voters in their respective districts and have served in their current term on the Yakima City Council since January 2016, and WHEREAS, on June 19, 2015, the Honorable Thomas O Rice issued an Order in which plaintiffs were awarded attorney fees in the amount of $1,521,911 50, and costs and expenses in the total amount of $324,102 76, for a total of $1,846,014.26, and WHEREAS, as part of the resolution and settlement of this case, plaintiffs have agreed to waive the statutory interest that has accrued on the Court's award of $1,846,014 26 since the Court's Order was entered on June 19, 2015, and also have agreed to waive any additional request by plaintiffs for attorney fees, costs and expenses that have been incurred before or since the Court's Order of June 19, 2015, and WHEREAS, as a further part of the resolution and settlement of this case, plaintiffs have agreed to donate $100,000 of their fee award back to the City of Yakima to promote equity and equal opportunity for previously underserved Yakima residents, as mutually determined by the parties, and to do so within ten days after the parties reach agreement on the use of such funds, and WHEREAS, on April 4, 2016, the United States Supreme Court held in the case of Evenwel, et al v Abbott, et al, Case No 14 -940 that a State may draw its legislative districts based on total population, and WHEREAS, the City Council finds it to be in the best interest of the City of Yakima to continue to implement and facilitate the Orders of the Honorable Thomas O Rice in Monies and Arteaga v City of Yakima, et al that were entered in United States District Court for the Eastern District of Washington Case No CV -12- 3108 -TOR, and to remove any doubt regarding whether the City and the City Council will pursue the appeal of the liability and remedy stages of this case and the award by the Court of attorney fees and costs, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. 1 The City Council directs counsel to withdraw the City's and City Council's appeals of the Orders of the Honorable Thomas O Rice of the United States District Court for the Eastern District of Washington issued in Montes and Arteaga v City of Yakima, et al, on August 22, 2014, February 17, 2015, March 19, 2015 and June 19, 2015, and to dismiss the appeals with prejudice currently pending in the U S Court of Appeals for the Ninth Circuit Case Nos 15 -35309 and 15- 35593, which were consolidated by the Court on July 30, 2015 in No 15 -35309 The City Council also directs City staff to issue a check to satisfy the $1,846,014 26 of attorney fees and expenses awarded in the June 19, 2015 Order in U S District Court for the Eastern District of Washington Court Case No CV -12- 3108 -TOR. 2 As part of the resolution and settlement of this case, plaintiffs have agreed to waive the statutory interest that has accrued on the Court's award of $1,846,014 26 since the Order was entered on June 19, 2015, and also have agreed to waive any request by plaintiffs for additional attorney fees, costs and expenses that have been incurred 3 As a further part of the resolution and settlement of this case, the plaintiffs in the case will donate $100,000 of their fee award back to the City of Yakima to promote equity and equal opportunity for previously underserved Yakima residents, as mutually determined by the parties, and to do so within ten days after the parties reach agreement on the use of such funds. 4 The City Council authorizes and directs the Mayor of the City of Yakima to sign the attached Settlement Agreement in resolution of the case of Montes and Arteaga v City of Yakima, et al ADOPTED BY THE CITY COUNCIL this day of April, 2016 ATTEST City Clerk Avina Gutierrez, Mayor SETTLEMENT AGREEMENT Pending the approval of this settlement agreement by the City Council at the next business meeting, the City of Yakima and the City Council agree to withdraw with prejudice their appeals of the Orders of the Honorable Thomas O Rice of the United States District Court for the Eastern District of Washington in Alontes and Arteaga i, City of Yakima, et al., entered on August 22, 2014, February 17, 2015, March 19, 2015, and June 19, 2015, and to withdraw with prejudice the appeals currently pending in the U S Court of Appeals for the Ninth Circuit Case Nos. 15 -35309 and 15- 35593, which were consolidated by the Ninth Circuit on July 30 2015 in No 15 -35309 The City Council will direct counsel to enter a Stipulated Motion to Voluntarily Dismiss Appeals with Prejudice with the Ninth Circuit. The City Council also directs City staff to issue a check to "ACLU of Washington" within twenty (20) days of this Agreement to satisfy the $1,846,014.26 of attorney fees and expenses awarded in the June 19, 2015 Order in the U S District Court for the Eastern District of Washington Court Case No CV -12- 3108 -TOR. 2 Plaintiffs agree to waive the statutory interest that has accrued on the Court's award of $1,846,014.26 since the Order was entered on June 19, 2015 Plaintiffs further agree to waive any additional attorney fees, costs, and expenses incurred above the $1,846,014.26 amount awarded by the Honorable Thomas O Rice on June 19, 2015 3 Plaintiffs also agree to donate $100,000 of their fee award back to the City of Yakima to promote equity and equal opportunity for previously underserved Yakima residents, as mutually determined by the parties. Plaintiffs agree to donate the $100,000 within ten (10) days after the parties reach agreement on the use of such funds. 4 The parties acknowledge that this Agreement contains the entire agreement of the parties as to matters discussed in it and that it merges any and all prior written and oral communications concerning those matters. Other than what is expressly stated in this Agreement, no different or additional promises or representations of any kind have been made to induce any party to sign this Agreement, which they sign freely and in the absence of any coercion or duress whatsoever 5 This Agreement may be executed and delivered in two or more counterparts, each of which when so executed and delivered shall be an original, but such counterparts together shall constitute but one and the same instrument and Agreement. 6 Any party who successfully seeks to enforce or remedy any breaches of this Agreement shall be entitled to his or its reasonable attorneys' fees and costs attributable to those successful efforts The parties have cooperated in the preparation of this Agreement. Accordingly, the Agreement shal l not be interpreted or construed against or in favor of any party by virtue of the identity, interest, or affiliation of its preparers. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth underneath their respective signatures. PLAINTIFFS Rogelio Montes, Plaintiff Date Mateo Arteaga, Plaintiff Date CITY OF YAKIMA By• Avina Gutierrez, Mayor Date ATTEST By. City Clerk Resolution No R -2016-