TRANSMITTAL LETTER FOR BOARD MEETING OF AUGUST 14, 2008
COMMITTEE ON JUDICIARY
Mr. Richard Lanyon, General Superintendent
Title
Authority to settle Arthur Pranis vs. MWRDGC and John C. Farnan, Case No. 07 C 5347, Northern District of Illinois, in the sum of $40,000.00 Account 101-69000-601010
Body
Dear Sir:
On September 21, 2007, Arthur Pranis, a TPO I at the District’s Stickney Plant, filed a federal lawsuit alleging that the District and former General Superintendent John C. Farnan violated his constitutional rights by promoting a less qualified candidate than Plaintiff to the position of TPO II in or around June of 2006 due to the candidate’s political affiliation, in violation of 42 U.S.C. §1983. The defendants have denied these allegations.
Upon completing written discovery, the parties participated in a settlement conference before Magistrate Judge Morton Denlow on July 2, 2008, who, after hearing from the attorneys for both sides as to the strengths and weaknesses of the case, recommended that the case settle for $40,000.00.
Due to the inherent risks associated with a jury trial and the prospect that the District would be responsible for paying Mr. Pranis’ attorney’s fees if he were a prevailing party, it is submitted that settlement of this matter in the total amount of $40,000.00 is in the best interests of the District. By resolving this matter expeditiously, the District will also be minimizing the amount of attorneys’ fees paid to outside counsel for Mr. Farnan. Tom Luetkemeyer from Hinshaw & Culbertson, LLC represents Mr. Farnan.
Therefore, the Attorney requests that the Board of Commissioners approve the settlement of this case in the total amount of $40,000.00. Further, the Attorney requests authority to execute such documents as may be necessary to effectuate this settlement.
Requested, Frederick M. Feldman, Attorney, FMF:LAG:CMM:ldl
Respectfully Submitted, Terrence J. O’Brien, Chairman Committee on Judiciary
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for August 14, 2008