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470 Pillsbury Center <br /> Kennedy 200 South Sixth Street <br /> Minneapolis MN 55402 <br /> (612)337-9300 telephone <br /> (612)337-9310 fax <br /> C H A R T E R E D e-mail:attys@kcrmcdy-graven.com <br /> CHARLES L. LEFEVERE <br /> Attorney at Law <br /> (612)337-9215 <br /> cleFevere@kennedy-graven.com <br /> MEMORANDUM <br /> CONFIDENTIAL: ATTORNEY-CLIENT PRIVILEGED MATERIAL <br /> TO: City Managers of Defendant Cities <br /> FROM: Charles L. LeFevere (2_,522'� <br /> DATE: September 18, 1998 <br /> RE: Starks and Fields v. MPRS, et al. <br /> . As you may recall, the above referenced case was remanded (returned) to the District Court for <br /> reconsideration of the District Court's original attorneys fees award. The District Court made a <br /> substantial reduction to the award of attorney's fees to plaintiffs, but it also took the opportunity <br /> to amend its order relating to police officer selection. The order formerly required on-going <br /> reporting to the court and court oversight over any future use of the MPRS testing process. The <br /> court has now amended the order to expand the court's reporting requirements and oversight to <br /> ay written examination used for police officer selection. This places the defendant cities under <br /> 'the jurisdiction of the court with an ongoing requirement to provide some sort of report on <br /> testing procedures for the next five years. <br /> This new aspect of the court's order was of sufficient concern to the League of Minnesota Cities <br /> Insurance Trust (LMCIT) that it agreed to challenge the amendment in an appeal to the Court of <br /> Appeals. If an appeal is brought, and if it is successful, the cities will not be required to submit <br /> any further reports to the court. However, if the appeal is not successful, reports will be <br /> required. Such reporting will involve at least the burden and expense of record keeping and the <br /> advice and assistance of legal counsel to prepare and submit the required reports to the court. <br /> This case has been reassigned to a new judge (Judge Solum has retired) and it is not known what <br /> reporting will be required by the court. <br /> Any such reports will be submitted to the attorney for the plaintiffs, thereby exposing the cities <br /> to possible costs for plaintiffs' attorney's fees and expert witness costs. If the court reviews the <br /> . reports, and for some reason finds the testing activities of cities to be unlawful or questionable, <br /> t <br /> CLL-150285 I <br /> MPI 10-2 <br />