RESOLUTION NO. RS2009-612

RESOLUTION NO. RS2009-612

A resolution authorizing the Metropolitan Department of Law to settle a lawsuit initiated against The Metropolitan Government of Nashville and Davidson County by the Department of Justice of the United States of America for $20,000 and by entering into a Consent Decree and to settle the individual claims of Jessica A., Ben C., and Nikki C. for $50,000, for a total of $70,000.

WHEREAS, the Department of Justice of the United States of America has filed a complaint, a copy of which is attached hereto as Exhibit A, in the United States District Court for the Middle District of Tennessee, Case No. 3:08-961, alleging that the Metropolitan Government has violated the rights of Teen Challenge International, Nashville Headquarters (“Teen Challenge”), under the Fair Housing Act 42 U.S.C. § 3601 et seq. (“FHA”), and the Religious Land Use and Institutionalized Persons Act 42 U.S.C. § 2000cc, et seq. (“RLUIPA”); and

WHEREAS, the Department of Justice seeks to recover monetary damages, civil penalties, and to obtain declaratory and injunctive relief under the FHA and additional declaratory and injunctive relief under RLUIPA; and,

WHEREAS, the United States and the Metropolitan Government have negotiated a proposed consent decree, a copy of which is attached hereto as Exhibit B, which will settle and resolve all claims made in this case, as well as the claims made on behalf of certain individual plaintiffs in a related case brought by Teen Challenge, Jessica A., Nikki C., and Ben C. against the Metropolitan Government in the United States District Court for the Middle District of Tennessee, Case No. 3:07-0668; and

WHEREAS, in the related case the individual plaintiffs assert claims against the Metropolitan Government for alleged violations of the FHA, the Americans with Disabilities Act, 42 U.S.C. § 12132 et seq. (“ADA”), RLUIPA, and the United States and Tennessee Constitutions; and

WHEREAS, claims of individual plaintiffs in the related case may be tried in the near future; and

WHEREAS, judgment has been entered in favor of Teen Challenge in the related case and against the Metropolitan Government but that judgment is the subject of a post-trial motion and has not become final; and

WHEREAS, the Attorney General of the United States has the authority pursuant to 42 U.S.C. § 3614 to commence a civil action to enforce the FHA and is authorized to seek monetary damages for individual plaintiffs, civil penalties in the amount of $50,000 for the first violation and $100,000 for each subsequent violation, as well as injunctive relief; and
WHEREAS, the United States also has the authority pursuant to 42 U.S.C. § 2000cc-2(f) to bring a civil action to enforce RLUIPA and it may seek injunctive and declaratory relief; and

WHEREAS, the entry of the proposed Consent Decree will avoid potentially prolonged, complicated, and costly litigation with the United States Department of Justice; and

WHEREAS, the Metropolitan Department of Law recommends that the Metropolitan Government enter into a consent decree with the Department of Justice to resolve the claims set forth in Case no. 3:08-961 and the claims of the individual plaintiffs in Case no. 3:07-0668; and

WHEREAS, it is in the best interests of the citizens of the Metropolitan Government that the proposed Consent Decree be entered.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the proposed Consent Decree, a copy of which is attached hereto and incorporated herein as Exhibit B, is hereby approved for entry, and the Department of Law is authorized to execute the same in the form attached hereto or in substantially similar form.

Section 2. That, upon entry of the Consent Decree by the United States District Court for the Middle District of Tennessee, the Metropolitan Government is authorized to remit a civil penalty in the amount of $20,000 to the United States Government pursuant to the terms of the Consent Decree.

Section 3. That, upon entry of the Consent Decree by the United States District Court for the Middle District of Tennessee, the Metropolitan Government is authorized to pay a total of $50,000 to the individual plaintiffs of the Teen Challenge lawsuit, Jessica A., Nikki C. and Ben C., pursuant to the terms of the Consent Decree.

Section 4. That, upon entry of the Consent Decree by the United States District Court for the Middle District of Tennessee, the Metropolitan Government is authorized to perform all corrective and other measures set out in the Consent Decree.

Section 5. That this resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	January 20, 2009
Adopted:	January 20, 2009
Approved:	January 22, 2009
By: