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37 _ 3 - <br /> • <br /> On November 16th representatives of the defendants agreed in principle to an <br /> allocation formula which would divide a portion of the damages on an equal basis <br /> among communities and a portion of the damages based upon each community's <br /> population. The Executive Committee was directed to study this matter further and <br /> to recommend a specific formula to the full group. Additional issues include the <br /> most appropriate method for collecting damages, how to provide for communities <br /> which disagree with an adopted allocation formula, and any role which the Court <br /> may play in this matter. <br /> Possible Appeal <br /> One issue which has not been discussed at any length is the possible appeal of Judge <br /> Solum's order. A decision on appeal does not need to be made at this time, nor is all <br /> of the information available which would be relevant to such a decision. <br /> It is likely that Judge Solum's final order in these lawsuits will be issued shortly <br /> after the first of next year. The defendant communities then would have ninety days <br /> in which to make a decision on whether or not to appeal the final order. At that <br /> time the full amount of damages would be known, and we would have the • <br /> Memorandum of Law to which Judge Solum refers in ids November 6th order. <br /> Additional Issues <br /> An additional issue relative to the affirmative action efforts required in Judge <br /> Solum's order is the status of an individual defendant which chooses not to <br /> participate in a joint affirmative action effort. It is assumed by our attorney that <br /> such a community would have to provide the Court its own minority hiring goal, in <br /> order to avoid all or a portion of the $300,000 statutory penalty. Such a community <br /> also would have to comply with the Court's affirmative action requirements, <br /> although it is quite possible that many communities already have programs that <br /> would qualify in this regard. <br /> A final issue relates to what action should be taken with communities which have <br /> not paid their assessments for legal expenses. One option which has been discussed <br /> is a formal legal claim for the repayment of such costs. The Executive Committee <br /> also may consider the circumstances under which such a community would have to <br /> begin providing its own separate representation in the continuing hearings on this <br /> matter and in future appearances before the Court. <br /> • <br />