HomeMy WebLinkAboutResolution - 2016-R0159 - Consent Decree - 04/28/2016Resolution No. 2016-RO159
Item No. 7.12
April 28, 2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby accept and approve the terms
of a Consent Decree in the matter of the United States of America v. City of Lubbock, Civil
Action No.: 5-15-cv-234 in the United States District Court for the Northern District of Texas,
Lubbock Division, and further does direct and authorize the City Manager or his designee to
execute any instrument related thereto, and necessary to effectuate the purposes thereof. Said
Consent Decree is attached hereto and incorporated in this resolution as if frilly set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council on _ April 28, 2016 . 2016.
GLEN C. R BER"I SON, MAYOR
ATTEST:
kbeca Garza, City Secr tary
ED AS TO
City Manager
i
Greg$f e hief of Po is
APPROVED AS TO FORM:
Chad Weaver, City Attorney
RES.Consent Decree -US of America Civil Action
Resolution No. 2016-RO159
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
V.
CITY OF LUBBOCK, TEXAS,
Defendant.
Civil Action No.: 5:15-cv-234
CONSENT DECREE
TABLE OF CONTENTS
I. BACKGROUND AND STIPULATIONS......................................................................... 1
A.
Probationary Police Officer Selection Process.............................................................
2
B.
The Police Written Entrance Exam...............................................................................
3
C.
The Physical Fitness Test..............................................................................................
4
1I. DEFINITIONS....................................................................................................................5
III. PURPOSES OF THE CONSENT DECREE...................................................................... 8
IV. FAIRNESS HEARING ON THE TERMS OF THE CONSENT DECREE ......................
9
A.
Provisional Entry of this Decree...................................................................................
9
B.
Claims Administrator....................................................................................................
9
C.
Notice of Settlement to Applicants.............................................................................
10
D.
Notice of Settlement to Other Interested Parties.........................................................
I
E.
Objections to Entry of the Consent Decree.................................................................
13
F.
Final Entry of the Consent Decree..............................................................................
14
V. GENERAL INJUNCTIVE RELIEF.................................................................................
14
A.
Injunctions...................................................................................................................
14
B.
Interim Selection Process............................................................................................
16
C.
Decree Compliance Officer........................................................................................
16
D.
Development and Use of Lawful Selection Devices ..................................................
17
VI. INDIVIDUAL RELIEF....................................................................................................
19
A.
Two Forms of Individual Relief.................................................................................
19
B.
Deposit into Settlement Funds....................................................................................
19
C.
Notice of Entry of Consent Decree to Applicants......................................................
20
D.
Submission of Interest -in -Relief Forms by Potentially Eligible Applicants ..............
21
E.
Determination of Claimants' Eligibility for Individual Relief ...................................
22
F.
Monetary Relief..........................................................................................................23
G.
Priority Hiring Relief..................................................................................................
24
H.
Proposed Individual Relief Awards Lists...................................................................
24
VII. FAIRNESS
HEARING ON INDIVIDUAL RELIEF .......................................................
25
A.
Filing of Proposed Individual Relief Awards Lists with the Court ............................
25
B.
Fairness Hearing on Individual Relief........................................................................
26
C.
Notice of Preliminary Eligibility Determinations to Claimants .................................
26
D. Objecting to Individual Relief Determinations........................................................... 27
E. Filing Objections to Individual Relief........................................................................ 28
F. Amendment to Preliminary Individual Relief Awards Lists ...................................... 28
G. Approval of Final Individual Relief Awards Lists ..................................................... 29
VIII. EXECUTION OF INDIVIDUAL RELIEF...................................................................... 29
A. Notice of Individual Relief Awards and Acceptance and Release ............................. 29
B. Acceptance of Individual Relief................................................................................. 30
C. Issuance of Back Pay Award Checks by City............................................................. 33
D. Priority Hiring Relief.................................................................................................. 36
i. Priority Hiring Relief Awarded to Eligible Claimants Identified in Paragraph
97(a)...................................................................................................................... 37
ii. Priority Hiring Relief Awarded to Incumbent Police Officers Pursuant to
Paragraph97(b)..................................................................................................... 40
iii. Retroactive Pension Benefits................................................................................41
IX. RECORD KEEPING AND COMPLIANCE MONITORING ......................................... 42
X. DISPUTE RESOLUTION................................................................................................ 43
XI. DURATION OF THE CONSENT DECREE................................................................... 44
XII. COSTS AND FEES.......................................................................................................... 44
XIII. MISCELLANEOUS......................................................................................................... 45
APPENDICES
APPENDIX A Notice of Settlement and Fairness Hearing, Instructions for Filing an
Objection Prior to the Fairness Hearing, and Objection to the Entry of
Consent Decree Form
APPENDIX B Notice of Entry of Consent Decree, Instructions for Filing a Claim to be
Considered for a Cash Back Pay Award or Priority Hiring Consideration,
and Interest -in -Relief Form
APPENDIX C Cover Letter Regarding Individual Relief Determination and Providing
Notice of Fairness Hearing on Individual Relief, Instructions for Filing an
Objection to Individual Relief, and Objection to Determination of
Individual Relief Form
APPENDIX D Notice of Individual Relief Award
APPENDIX E Acceptance of Individual Relief Award and Release of Claims Form
I. BACKGROUND AND STIPULATIONS
This action was brought by Plaintiff United States of America ("United States") against
Defendant City of Lubbock, Teras ("City") to enforce the provisions of Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. § 2000e, el seq. ("Title VII"). This Court has
jurisdiction of this action under 42 U.S.C. §§ 2000e -5(f) & 2000e -6(b) and 28 U.S.C.
§§ 1343(a)(3) & 1345.
The United States first notified the City of its investigation into the hiring practices of the
Lubbock Police Department in January 2014. Based on the information gathered during its
investigation, the United States determined that the City was engaged in a pattern or practice of
discrimination against Hispanics and women in its hiring of probationary police officers, in
violation of Title VII, and notified the City in June 2015 that a lawsuit had been authorized.
In its Complaint, filed in December 2015, the United States alleges that the City has
engaged in unlawful employment practices by using selection procedures that deprive or tend to
deprive Hispanics and women of employment opportunities because of their national origin
and/or sex, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e -2(a). Specifically, the
United States alleges that the City's use of a written exam had an adverse impact upon Hispanic
applicants for the probationary police officer position, and that the City's use of a physical
fitness test had an adverse impact upon female applicants for the probationary police officer
position. The United States further alleges that these practices have not been shown to be
sufficiently job related for the position of probationary police officer or consistent with business
necessity. The United States does not allege that the City has intentionally discriminated against
any person or group of persons under Title VII.
The City denies that it has violated Title VII. Nevertheless, the United States and the
City, desiring that this action be settled by an appropriate consent decree ("Decree") and without
the burdens of protracted litigation, agree to the jurisdiction of this Court over the Parties and the
subject matter of this action. The United States and the City fitrther agree to the entry of this
Decree as final and binding between themselves as to the issues raised in the United States'
Complaint in this action. Subject to the Court's approval of this Decree, the Parties waive
findings of fact and conclusions of law on all issues, except as to the following, which the Parties
stipulate and which the Court finds:'
A. Probationary Police Officer Selection Process
From January 2010 until June 2015, when the City was notified that the United States
intended to file a lawsuit, the City used the same multi -step selection process to hire probationary
police officers. That selection process is governed in part by Chapter 143 of the Texas Local
Government Code, which establishes requirements for entry-level hiring within police
departments for cities of a certain size that have adopted its provisions, including the City of
Lubbock. The City's selection process is not governed in any way by the terms of a collective
bargaining agreement.
The City's selection process began with the City accepting applications for a defined
period of time. The day after the application period closed, the City administered a written exam
(the "Police Written Entrance Exam") to all interested applicants. Those who passed the Police
Written Entrance Exam were placed on an eligibility list in rank order based on their score and
were sent to take a physical fitness test (the "PFT") the same day. Those who failed the Police
Written Entrance Exam were removed from further consideration. Those who passed the PFT
were required to submit a personal -history questionnaire, undergo a background investigation, a
The facts are based on the United States' Complaint. (Dkt. I ), the City's Answer (Dkt. 5), the Citv's responses to
the United States' disco�er) requests, and the declarations of the United States' experts, which are attached to the
memorandum in support of the Parties' .joint motion for proN isional entrN of this Decree.
2
panel interview, and an interview with the Chief of Police before receiving a conditional offer of
employment. Those who failed the PFT were removed from further consideration. Applicants
who received a conditional offer of employment were required to also take and pass a polygraph
test, a psychiatric exam, a medical exam, and a substance abuse screen before starting police
academy training.
Only the Police Written Entrance Exam and the PFT are at issue in this litigation.
B. The Police Written Entrance Exam
The Police Written Entrance Exam consisted of 65 multiple-choice questions, including
20 mathematics questions, 25 reading comprehension questions, and 20 grammar questions.
Under the City's scoring methodology, each question was equally weighted and applicants must
have earned a total score of at least 70% to pass. An applicant who scored less than 70% was
considered to have failed the Police Written Entrance Exam and was disqualified from
proceeding to the PFT.
There were fourteen administrations of the Police Written Entrance Exam between
January 16. 2010, and June 6, 2015. Over the combined fourteen administrations, 861 unique
applicants who identified as Hispanic and 1,605 unique applicants who identified as white took
the exam. Of these unique applicants, 581 (67.5%) Hispanic applicants and 1,412 (88.0%) white
applicants passed on their first attempt. The disparity in pass rates among unique Hispanic and
unique white applicants across the fourteen exam administrations combined is statistically
significant at -12.04 units of standard deviation and sufficient to establish a prima facie case of
disparate impact discrimination under Title VII.
Absent the disparate impact resulting from the City's pass/fail use of the Police Written
Entrance Exam, the United States estimates that an additional 165 Hispanic applicants would
have been eligible to continue in the City's selection process for probationary police officers
from the test administrations at issue in this case. Ultimately, the United States estimates that an
additional 12 Hispanic applicants would have been hired by the City as probationary police
officers from the test administrations at issue, absent the disparate impact. The City does not
dispute the United States' estimate of expected Hispanic hires.
The United States contends that the City's use of the Police Written Entrance Exam from
January 2010 to June 2015 has not been shown to be job related and consistent with business
necessity.
C. The Physical Fitness Test
The PFT consisted of five events, which could be administered in any sequence. To pass
the PFT, each applicant was required to complete:
1. 19 push-ups in one minute with straight form;
2. 25 sit-ups in one minute;
3. a vertical jump of at least 14 inches;
4. a 300 -meter sprint in less than 75.3 seconds; and
5. a 1.5 -mile run in less than 16 minutes, 55 seconds.
An applicant who failed to achieve the set standard on any one event was not allowed to continue
on to any other event, was treated by the City as having failed the PFT, and was disqualified
from proceeding in the selection process.
There were fourteen administrations of the PFT between January 16, 2010, and June 6,
2015. Over the combined fourteen PFT administrations, 196 unique female applicants and 2,055
unique male applicants took the PFT. Of these unique applicants, 73 (37.2%) female applicants
and 1,658 (80.7%) male applicants passed the PFT the first time that they took the PFT. This
disparity in pass rates among unique female and male applicants is statistically significant at
-12.52 units of standard deviation and sufficient to establish a priniafacie case of disparate
impact discrimination under Title VII.
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Absent the disparate impact resulting from the City's pass/fail use of the PFT, the United
States estimates that an additional 83 female applicants would have been eligible to continue in
the City's selection process for probationary police officers from the test administrations at issue
in this case. Ultimately, the United States estimates that an additional 15 female applicants
would have been hired by the City as probationary police officers from the test administrations at
issue, absent the disparate impact. The City does not dispute the United States' estimate of
expected female hires.
The United States contends that the City's use of the PFT from January 2010 to June
2015 has not been shown to be job related and consistent with business necessity.
In resolution of this action, with the consent of the Parties, IT IS THEREFORE
ORDERED, ADJUDGED, AND DECREED as follows:
II. DEFINITIONS
1. "Back pay" means a monetary award that represents the value of some of the wages
that a Claimant would have received if he or she had not been disqualified by the
Police Written Entrance Exam or the PFT and had been hired into the position of
probationary police officer.
2. "Claimant" means a person who submits an Interest -in -Relief Form.
3. "Days" means calendar days unless business days are clearly specified. If any
deadline referenced in this Decree should fall on a weekend or federal holiday, the
deadline shall be moved to the next business day.
4. "Entry of the Decree" means the date on which the Court enters the Decree as final in
an order at or after the Fairness Hearing on the Terms of the Consent Decree as set
forth in Paragraph 26 of this Decree.
5. "Individual relief' under this Decree means:
a. Monetary relief in the form of back pay; and/or
b. Priority hiring relief in the form of a probationary police officer position with
retroactive seniority.
The "Parties" to this Decree are the United States, by the Department of Justice, and
the City of Lubbock, Texas.
"PFT" means the 5 -component physical fitness test used by the City to screen
applicants for the probationary police officer position from January 2010 to June
2015.
"Police Written Entrance Exam" means the 65 -question written exam used by the
City to screen applicants for the probationary police officer position from January
2010 to June 2015.
"Priority hire" means a Claimant who is eligible for priority hiring relief and is either:
a. Hired by the City as a probationary police officer and is credited by the City
with retroactive seniority corresponding with the Claimant's retroactive
seniority date upon beginning police academy training, as set forth in
Paragraph 97(a); or
b. A current City police officer who is credited by the City with retroactive
seniority corresponding with the Claimant's retroactive seniority date, as set
forth in Paragraph 97(b).
10. "Probationary police officer" means a person hired to a probationary police officer
position by the City, regardless of whether the person may also be called by another
title while undergoing police academy training or until the person has completed the
probationary period applicable to all Lubbock Police Department police officers.
11, "Retroactive seniority" refers to seniority credit in the probationary police officer
position that a Claimant who receives priority hiring relief is entitled to receive.
a. Retroactive seniority is comprised of retroactive benefits seniority and
retroactive competitive seniority:
1. Retroactive benefits seniority includes seniority for purposes of
calculating an individual's salary or other pay, pension benefits,
and future accrual of leave, including vacation, personal, and sick
leave, as well as any other purposes for which seniority is used to
determine the amount of or eligibility for employee benefits.
2. Retroactive competitive seniority is seniority used for any purpose
in which an incumbent competes with other incumbents for, among
other things, transfers/filling of internal vacancies, promotional
examination seniority points, scheduling of leave,
layoffs/reductions in work force, and recall from layoffs/reduction
in work force, except that retroactive seniority awards may not be
used for shift -bidding or to satisfy any applicable probationary
periods or any time -in -grade requirements associated with
promotion eligibility.
b. An award of retroactive seniority shall correspond to the start date of the first
Lubbock Police Academy class that the Claimant would have entered if he or
she had not been disqualified by the Police Written Entrance Exam or the PFT
("retroactive seniority date").
12. "Selection device" means any examination, test, requirement, or other criterion used
to evaluate an applicant's qualifications for hire as a probationary police officer (e.g.,
written entrance examination, physical ability test or physical fitness test, personal
history statement, polygraph examination, background examination, oral board
interview, psychological examination, physical examination, and drug test).
III. PURPOSES OF THE CONSENT DECREE
13. The purposes of this Decree are to ensure that:
a. The City does not violate Title VII by using policies or practices that have an
adverse impact upon either Hispanic or female applicants for the position of
probationary police officer and are not sufficiently job related for the position
of probationary police officer and consistent with business necessity, or that
otherwise violate the Title VII rights of Hispanic or female applicants to
become probationary police officers;
b. The City utilizes lawful selection procedures that will ensure that
probationary police officer hiring is based on merit and that the City's
selection procedure does not unnecessarily exclude qualified Hispanic and
female applicants; and
c. The City provides, as appropriate, monetary relief (i.e., in the form of back
pay) and/or priority hiring relief with retroactive seniority to qualified
persons who were denied a job as a probationary police officer due to the
employment practices challenged by the United States in this case.
IV. FAIRNESS HEARING ON THE TERMS OF THE CONSENT DECREE
A. Provisional Entry of this Decree
14. Upon execution of this Decree, the Parties shall promptly file a joint motion for the
provisional approval and entry of the Decree by the Court and request a Fairness
Hearing on the Terms of the Consent Decree to allow the Court to determine whether
the terms of the Decree are fair, lawful, and reasonable. The Parties will request that
the Court provide at least one hundred (100) days notice of the date and time set for
this Fairness Hearing on the Terms of the Consent Decree.
15. The purpose of the Fairness Hearing on the Terms of the Consent Decree and the
related notification provisions of this Decree is to provide all persons who may be
affected by the terns of the Decree with notice and an opportunity to present
objections prior to final entry of the Decree, in accordance with Section 703(n) of
Title VII, 42 U.S.C. § 2000e -2(n).
B. Claims Administrator
16. Prior to the Parties tendering the Decree to the Court for provisional approval and
entry, the City, with the approval of the United States, entered into a contract with a
Claims Administrator to assist the Parties with the notice and claims procedure for
individual relief. By agreement of the Parties, the City shall bear all costs and
expenses of the Claims Administrator, which shall be in addition to, and not deducted
from, amounts designated as back pay under this Decree.
17. The Claims Administrator's contract with the City requires the Claims Administrator
to work under the control and supervision of the United States and the City in the
conduct of its activities, including reporting regularly to and providing all reasonably
requested information to the United States and the City. In the event that the United
101
States or the City has reason to believe that the Claims Administrator is not materially
complying with the terms of its contract with the City, the United States and the City
will meet and confer to find a mutually agreeable course of action to effect the Claims
Administrator's material compliance with its contract with the City. In the event that
the United States and the City are unable to agree upon a course of action to effect the
Claims Administrator's material compliance with its contract with the City, the
Parties may present the matter to the Court pursuant to the dispute resolution
provisions set forth in Paragraph 115 of this Decree.
C. Notice of Settlement to Applicants
18. No later than ninety (90) days prior to the Fairness Hearing on the Terms of the
Consent Decree, the City shall provide to the Claims Administrator and the United
States the last -known mailing address and e-mail address of:
a. Each applicant who identified as Hispanic when applying for any of the
City's selection processes for probationary police officer from January 16,
2010, to June 6, 2015, and who failed the Police Written Entrance Exam after
having sat for the entire exam and recording answers as directed; and
b. Each applicant who identified as female when applying for any of the City's
selection processes for probationary police officer from January 16, 2010, to
June 6, 2015, and who failed the City's PFT.
19. No later than eighty (80) days prior to the Fairness Hearing on the Terms of the
Consent Decree, the Claims Administrator shall provide a copy of a Notice of
Settlement and Fairness Hearing, Instructions for Filing an Objection Prior to the
Fairness Hearing, and a blank Objection to the Entry of the Consent Decree Form
(collectively, "Notice Documents") in the formats set forth in Appendix A via e-mail
UK
to the last -known e-mail address and via first-class U.S. mail to the last -known
mailing address of the applicants identified in Paragraph 18, above.
20. The Claims Administrator shall keep records of all Notice Documents that are
returned to the Claims Administrator as undeliverable. If any applicant's Notice
Documents are returned to the Claims Administrator as undeliverable, the Claims
Administrator shall promptly notify the Parties and attempt to identify an updated
mailing address as soon as practicable. If the Claims Administrator or one of the
Parties identifies an alternate mailing address, the Claims Administrator shall re -mail
the Notice Documents within two (2) business days to the applicant.
D. Notice of Settlement to Other Interested Parties
21. No later than eighty (80) days prior to the Fairness Hearing on the Terms of the
Consent Decree, the City shall provide a copy of the Notice Documents described in
Paragraph 19, above, in the formats set forth in Appendix A to:
a. Each police officer currently employed at the Lubbock Police Department,
via hand delivery, at the place of the person's employment, by U.S. mail to
his or her home address, or as an attachment to or an enclosure with each
such person's regularly distributed paycheck; and
b. The Lubbock Professional Police Association via U.S. mail, and to any other
union or association recognized as being authorized to represent police
officers in the Lubbock Police Department via U.S. mail.
22. The City shall publish a notice of the settlement and the fairness hearing, in a form
substantially the same as contained in Appendix A, on the City's website, the
Lubbock Police Department's website, the City's Municipal Television (local access)
channel, and via social media (i.e., Facebook and/or Twitter) regularly used by the
City and/or the LPD.
a. The published notice on the City's website and the Lubbock Police
Department's website shall include a publicly -accessible link from which the
Notice Documents and the Decree can be accessed. This publicly -accessible
link and notice shall be published and remain on the websites for no less than
eighty (80) days prior to the Fairness Hearing on the Terms of the Consent
Decree.
b. The published notice on the City's Municipal Television channel shall run
for three (3) consecutive weeks, concluding no later than fifty (50) days prior
to the date set for the Fairness Hearing on the Terms of the Consent Decree
appearing at least four times per day, for thirty seconds for each appearance.
In addition to including notice of the settlement and the fairness hearing, in a
form substantially the same as contained in Appendix A, the published notice
shall provide the website address from which Notice Documents and the
Decree can be accessed, and the phone number of the Claims Administrator.
c. Eighty (80) days prior to the Fairness Hearing on the Terms of the Consent
Decree and again sixty (60) days prior to the Fairness Hearing on the Terms
of the Consent Decree, the City shall publish notice via social media as
follows:
i. The City shall post and not delete a post on the City's Facebook
page (https://www.facebook.com/CityofLubbock) and on the
Lubbock Police Department's Facebook page
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(https://www.facebook.com/LubbockPD) with the following text
and a publicly -accessible link from which the Notice Documents
and the Decree can be accessed: "The City has entered into a
Consent Decree with the U.S. Department of Justice to resolve
allegations of hiring discrimination at the LPD. To learn more,
visit: [link]."
ii. The City shall post and leave up a tweet on the City's Twitter page
(@Cityofl,ubbock) and on the Lubbock Police Department's
Twitter page (@LubbockPolice) with the following text and a
publicly -accessible link from which the Notice Documents and the
Decree can be accessed: "The City settled a hiring discrimination
lawsuit by the Dept of Justice @CivilRights involving the LPD.
Read more: [link]."
E. Objections to Entry of the Consent Decree
23. A person who wishes to object to the terms of the Consent Decree may file a written
objection in accordance with the requirements set forth in Appendix A.
a. Objections shall be submitted to the Claims Administrator and shall state the
objector's name, mailing address, telephone number, and e-mail address, if
any; set forth a specific description of the objector's basis for objecting;
include copies of any documentation supporting the objection; state the name
and contact information of the objector's counsel, if any; and state whether
the objector wishes the opportunity to be heard in Court at the Fairness
Hearing on the Terms of the Consent Decree.
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b. Objections submitted via mail must be postmarked no later than fifty (50)
days before the Fairness Hearing on the Terms of the Consent Decree, and
objections submitted via a -mail must be transmitted electronically no later
than fifty (50) days before the Fairness Hearing on the Terms of the Consent
Decree.
24. By no later than forty-five (45) days prior to the date set for the Fairness Hearing on
the Terms of the Consent Decree, and on a rolling weekly basis thereafter (if
necessary), the Claims Administrator shall serve upon the Parties copies of the
objections it has received.
25. No later than ten (10) days prior to the Fairness Hearing on the Terns of the Consent
Decree:
a. The United States shall file with the Court copies of all objections received
by the Claims Administrator, and
b. The United States and the City shall file their responses, if any, to objections
timely received by the Claims Administrator in accordance with the
deadlines set forth in Appendix A.
F. Final Entry of the Consent Decree
26. If the Court determines that the terms of this Decree are fair, lawful, and reasonable,
the Court shall enter the Decree at or after the Fairness Hearing on the Terms of the
Consent Decree.
V. GENERAL INJUNCTIVE RELIEF
A. Injunctions
27. Except as provided in this Decree, the City, its officials, agents, employees, and
successors, and all persons acting on behalf of or in active concert or participation
14
with it, are enjoined from using any selection device for the position of probationary
police officer that has an adverse impact upon Hispanic or female applicants on the
basis of national origin and/or sex, and is not sufficiently job related for the position
of probationary police officer or consistent with business necessity, or otherwise does
not meet the requirements of Title VII.
28. The City is enjoined from retaliating against or otherwise adversely affecting any
person because he or she opposed the alleged discrimination at issue here, in any way
participated in or cooperated with the investigation or litigation of the alleged
discrimination at issue here, has been involved with the development or
administration of this Decree, or received relief under or otherwise benefited from
this Decree.
29. During the term of this Decree, the City shall not administer any written exam or
physical fitness test (or physical ability test) for use in selecting probationary police
officers without the approval of the United States or, if the Parties cannot reach
agreement, by the Court.
30. The City is specifically enjoined from using any written exam as part of its selection
process for probationary police officers in any manner that results in disparate impact
upon Hispanic applicants and is not shown to be sufficiently job related or consistent
with business necessity under Title VII or, if job related and consistent with business
necessity under Title VII, from refusing to adopt an alternative employment practice
that exists within the meaning of 42 U.S.C. § 2000e-2(k)(1)(A)(ii).
31. The City is specifically enjoined from using any physical fitness test (or physical
ability test) as part of its selection process for probationary police officers in any
15
manner that results in disparate impact upon female applicants and is not shown to be
sufficiently job related or consistent with business necessity under Title VII or, if job
related and consistent with business necessity under Title VII, from refusing to adopt
an alternative employment practice that exists within the meaning of 42 U.S.C.
§ 2000e-2(k)(1)(A)(ii).
B. Interim Selection Process
32. As a result of the United States' investigation, the City suspended its use of the Police
Written Entrance Exam and the PFT for the selection of probationary police officers
after its June 6, 2015, selection process.
33. The Parties recognize that the proper development of new, lawful hiring procedures
will take time, and that the City may have immediate operational needs that require
the hiring of probationary police officers prior to the implementation of new hiring
procedures in accord with Paragraphs 37 and 38 of this Decree.
34. If so, in order to address the City's immediate operational need to staff its police
department while mitigating the potential adverse impact that would result from the
use of the Police Written Entrance Exam and the PFT that gave rise to this action, the
Parties agree that the City may use, on an interim basis not to exceed one hundred
eighty (180) days after entry of the Decree at or after the Fairness Hearing on the
Terms of the Consent Decree, the written exam (including scoring methodology) and
the task -based physical abilities test (and passing standards) that it has used as part of
its selection process for probationary police officers after the June 6, 2015, selection
process.
C. Decree Compliance Officer
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35. Within seven (7) days after entry of this Decree, the City shall designate a person who
shall be primarily responsible for enforcing the provisions of this Decree. This
person's responsibilities shall include, but not be limited to, ensuring that the City
fully implements and complies with all paragraphs of this Decree, and reporting to the
United States any complaints of discrimination on the basis of national origin and/or
sex in the screening, selection, and appointment of probationary police officers.
D. Development and Use of Lawful Selection Devices
36. The City will adopt and use new, lawful selection devices to hire probationary police
officers in place of the Police Written Entrance Exam and the PFT.
37. No later than ninety (90) days after entry of this Decree, the City shall submit to the
United States a proposal to use a new written selection device and a new physical
fitness or physical ability selection device for hiring entry-level police officers in
place of the Police Written Entrance Exam and the PFT. The new written selection
device and the new physical fitness or physical ability selection device shall either
have no statistically significant disparate impact on the basis of national origin or sex,
or shall have been demonstrated to be job related for the probationary police officer
position and consistent with business necessity in accordance with Title VII. In
selecting or developing the new written selection device and the new physical fitness
or physical ability selection device, the City shall make reasonable efforts to explore
the availability of written selection devices that have been shown to reduce or
eliminate disparate impact upon Hispanics in processes for selecting police officers,
as well as the availability of physical fitness or physical ability selection devices that
have been shown to reduce or eliminate disparate impact upon women in processes
for selecting police officers.
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38. The proposal that the City submits pursuant to Paragraph 37 shall include all
information available to the City about the development and/or validation of the
proposed new written selection device and the new physical fitness or physical ability
selection device, which, for each selection device, may include: a description of the
selection device and the manner in which the City intends to use it; the known or
likely disparate impact upon Hispanics (for written selection devices) and women (for
physical fitness or physical ability selection devices), if any, of the intended use of the
selection device; all evidence of job relatedness or validity of the selection device,
including all job analyses, test plans, expert reports, and validation studies, as well as
data underlying such analyses, plans, reports, or studies; and any basis for a
conclusion that the proposed use of the selection device is job related for the position
and consistent with business necessity. The City's submission shall also identify any
other selection devices that the City considered, as well as any other manner of using
the selection devices the City proposes.
39. Within ninety (90) days of receiving the proposal and information described in
Paragraphs 37 and 38, above, from the City, the United States shall notify the City in
writing whether it objects to the City's proposed use of the new written selection
device and the new physical fitness or physical ability selection device; otherwise, the
City may administer the selection devices.
40. If, after the administration of the City's new written selection device and the new
physical fitness or physical ability selection device, the United States determines that
the City's use of one or both of the newly adopted selection devices does not comply
with Title VII and/or this Decree, the United States shall notify the City in writing
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that the United States objects to the City's continued use of the new written selection
device and/or the new physical fitness or physical ability selection device.
41. If the United States objects pursuant to Paragraphs 39 or 40, above, to the City's use
of the new written selection device and/or the new physical fitness or physical ability
selection device, the parties shall within thirty (30) days discuss the United States'
objection and whether resolution is possible. If the Parties fail to reach an agreement
resolving the issues raised by the United States' objection within thirty (30) days. the
Parties may submit the dispute to the Court in accordance with the dispute resolution
provisions set forth in Paragraph 115 of this Decree.
42. If the United States objects pursuant to Paragraphs 39 or 40, above, to the City's use
of the new written selection device and/or the new physical fitness or physical ability
selection device, no person shall be hired as a probationary police officer from any
affected eligibility list except by written agreement of the Parties or order of the
Court.
VI. INDIVIDUAL RELIEF
A. Two Forms of Individual Relief
43. The City will provide individual relief to eligible Claimants in the form of monetary
relief (i.e., back pay) and/or priority hiring relief, including retroactive seniority.
B. Deposit into Settlement Funds
44. No later than seven (7) days after entry of this Decree, the City shall propose in
writing to the United States a federally insured financial institution for deposit of the
back pay into two settlement fiends that will be distributed to eligible Claimants
pursuant to this Decree. The United States shall provide a written response to the
City's proposal within seven (7) days of its receipt, either consenting to the City's
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proposed financial institution or objecting and proposing an alternative financial
institution. If the Parties cannot agree on a federally insured financial institution,
either party may submit the dispute to the Court for resolution upon providing the
other party with seven (7) days written notice of its intent.
45. Within thirty (30) days after entry of this Decree, the City shall deposit into two
interest-bearing accounts in the federally insured financial institution that has been
approved by the Parties the monies that will be distributed to eligible Claimants
pursuant to this Decree. In one account ("Settlement Fund 1"), the City will deposit
$326,250. In the second account ("Settlement Fund II"), the City will deposit
$398,750.
46. Settlement Fund I, including any interest accrued on the amount deposited by the City
into Settlement Fund 1, shall be used to make back pay awards to eligible Hispanic
Claimants. Settlement Fund 11, including any interest accrued on the amount
deposited by the City into Settlement Fund 11, shall be used to make back pay awards
to eligible female Claimants.
47. No Claimant may receive back pay awards from both Settlement Funds.
C. Notice of Entry of Consent Decree to Applicants
48. Within thirty (30) days after entry of this Decree, the Claims Administrator shall send
a copy of the Notice of Entry of Consent Decree, Instructions for Filing a Claim to be
Considered for a Cash Back Bay Award or Priority Hiring Consideration, and
Interest -in -Relief Form (collectively, "Interest -in -Relief Form Documents"), in the
formats set forth in Appendix B to:
a. Each applicant who identified as Hispanic when applying for any of the
City's selection processes for probationary police officer from January 16,
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2010, to June 6, 2015, and who failed the Police Written Entrance Exam after
having sat for the entire exam and recording answers as directed; and
b. Each applicant who identified as female when applying for any of the City's
selection processes for probationary police officer from January 16, 2010, to
June 6, 2015, and who failed the City's PFT.
49. Such notice shall be sent by e-mail to the last -known e-mail address and via first-class
U.S. mail to the last -known mailing address.
50. The Claims Administrator shall keep records of all Interest -in -Relief Form
Documents that are returned to the Claims Administrator as undeliverable. If any
applicant's Interest -in -Relief Form Documents are returned to the Claims
Administrator as undeliverable, the Claims Administrator shall promptly notify the
Parties and attempt to identify an updated mailing address as soon as practicable. If
the Claims Administrator or one of the Parties identifies an alternate mailing address,
the Claims Administrator shall re -mail the Interest -in -Relief Form Documents within
two (2) business days to the applicant.
D. Submission of Interest -in -Relief Forms by Potentially Eligible Applicants
51. Any applicant who wishes to be considered for an award of individual relief under
this Decree must return a completed Interest -in -Relief Form (Appendix B) to the
Claims Administrator no later than seventy-five (75) days after entry of this Decree.
Any applicant who fails to return an Interest -in -Relief Form by the deadline shall be
deemed to have waived any right to be considered for an award of individual relief
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under this Decree, except for good cause as determined by the United States and
approved by the Court if the City objects to the United States' determination.
52. The submission date of each Interest -in -Relief Form shall be the date on which the
form was e-mailed to the Claims Administrator, as determined by the e-mail date
stamp, or the date on which the form was mailed to the Claims Administrator, as
determined by the postmark. In the event the postmark is missing or illegible, the
submission date of the Interest -in -Relief Form shall be deemed to be five (5) days
prior to the date the form was received by the Claims Administrator.
53. No later than ten (10) days after the deadline for submission of Interest -in -Relief
Forms to the Claims Administrator (eighty-five (85) days after entry of this Decree),
the Claims Administrator shall provide to the Parties copies of all Interest -in -Relief
Forms received by the Claims Administrator. Interest -in -Relief Forms received by
the Claims Administrator more than ten (10) days after the deadline for submission of
claim forms will be provided to the Parties on a weekly rolling basis.
E. Determination of Claimants' EliIibility for Individual Relief
54. The United States will determine whether a Claimant is eligible for individual relief
under this Decree.
55. A Claimant is eligible for monetary relief (i.e., back pay) under this Decree if the
Claimant:
a. Identified as Hispanic when applying for any of the City's selection
processes for the probationary police officer position from January 16, 2010,
to June 6, 2015, failed the Police Written Entrance Exam (after having sat for
the entire exam and marking answers as directed), and met the minimum
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qualifications set forth in Paragraph 57, below, at the time the Claimant was
disqualified by the Police Written Entrance Exam; or
b. Identified as female when applying for any of the City's selection processes
for the probationary police officer position from January 16, 2010. to June 6,
2015, failed the PFT, and met the minimum qualifications set forth in
Paragraph 57, below, at the time the Claimant was disqualified by the PFT.
56. A Claimant is eligible for priority hiring relief under this Decree if the Claimant
satisfies the criteria in Paragraph 55, above, and currently meets the minimum
qualifications set forth in Paragraph 57, below, with the exception of the maximum
age requirement.
57. The minimum qualifications for hire as a probationary police officer with the
Lubbock Police Department are:
a. Applicants must possess a high school diploma (or equivalent) at the time of
application to take the written exam.
b. Applicants must be between 20 1/2 and 45 years of age on the day of the
written exam.
c. Applicants must not have been convicted of a felony or class -A misdemeanor
ever, or a class -B misdemeanor in the ten years preceding the application to
take the written exam.
d. Applicants must be a U.S. Citizen.
F. Monetary Relief
58. The United States shall determine the Claimants eligible for a back pay award under
Paragraph 55. In order to be eligible for monetary relief, a Claimant need not express
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an interest in, or be eligible for, priority hiring relief or accept an offer of employment
in the probationary police officer position in the Lubbock Police Department.
59. The United States shall determine each eligible Claimant's back pay award from the
appropriate Settlement Fund, such that awards from a Settlement Fund are distributed
among all eligible Claimants who sought monetary relief, taking into account when
each Claimant was disqualified by either the Police Written Entrance Exam or the
PFT. Back pay awards to Hispanic Claimants who were disqualified by the City's
use of the Police Written Entrance Exam test shall be paid from Settlement Fund I.
Back pay awards to female Claimants who were disqualified by the City's use of the
PFT shall be paid from Settlement Fund II.
G. Priority Hiring Relief
60. The United States shall determine the Claimants eligible to participate in the priority
hiring selection process subject to Paragraph 56, above. Eligibility to participate in
the priority hiring selection process does not ensure a Claimant will receive from the
City an offer of priority hire.
H. Proposed Individual Relief Awards Lists
61. No later than one hundred twenty (120) days after entry of this Decree, the United
States shall provide the City with:
a. A Proposed Back Pay Awards List that identifies all Claimants it finds
eligible for back pay relief based on the Interest -in -Relief Forms received by
the Claims Administrator, as well as the amount of back pay that the United
States has determined should be awarded to the Claimant and the specific
Settlement Fund from which the award will be paid; and
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b. A Proposed Priority Hire Claimant List that identifies all Claimants it finds
eligible to participate in the priority hiring selection process based on the
Interest -in -Relief Forms received by the Claims Administrator.
c. The United States shall also provide the City with a list of Claimants who it
finds ineligible for individual relief, which shall include the reason for the
United States' determination that a Claimant who sought back pay and/or
priority hiring relief is not eligible for such relief.
62. No later than one hundred fifty (1 50) days after entry of this Decree, the City shall
notify the United States in writing if it objects to any of the United States'
determinations regarding eligibility for back pay and/or priority hiring relief. The
parties shall attempt to resolve any objections submitted by the City to the United
States' determinations.
VII. FAIRNESS HEARING ON INDIVIDUAL RELIEF
A. Filing of Proposed Individual Relief Awards Lists with the Court
63. No later than one hundred eighty (180) days after entry of the Decree, the United
States shall file with the Court and serve upon the City the following Proposed
Individual Relief Awards Lists:
a. A Proposed Back Pay Awards List stating, for each Claimant who timely
returned an Interest -in -Relief Form and who the United States has
determined is eligible for monetary relief, the amount of back pay that the
United States has determined should be awarded to the Claimant and the
specific Settlement Fund from which the award will be paid; and
b. A Proposed Priority Hire Claimant List with Claimants who the United
States has detennined are eligible to pursue priority hiring relief.
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64. The Proposed Individual Relief Awards Lists shall identify each Claimant only by
Claimant ID number.
B. Fairness Hearing on Individual Relief
65. Upon filing the Proposed Individual Relief Awards Lists, the United States shall
simultaneously move the Court to hold a Fairness Hearing on Individual Relief to
allow the Court to determine whether the Proposed Back Pay Relief Awards List and
Proposed Priority Hire Claimant List should be approved or amended. The Court will
provide the Parties with at least ninety (90) days notice of the date and time set for the
Fairness Hearing on Individual Relief.
C. Notice of Preliminary Eligibility Determinations to Claimants
66. No later than eighty (80) days before the date set for the Fairness Hearing on
Individual Relief, the Claims Administrator shall send to each Claimant who
submitted an Interest -in -Relief Form via e-mail to the last -known e-mail address and
via first-class U.S. mail to the last -known mailing address the following Notice of
Individual Relief Fairness Hearing Documents:
a. A cover letter, in the format attached in Appendix C, notifying the Claimant
of the United States' determinations regarding the Claimant's eligibility for
individual relief under the Consent Decree, the reason(s) for any
determination that the Claimant is ineligible for any particular form of
requested relief, and the Claimant's proposed back pay award as stated on the
Proposed Back Pay Awards List, if any; and
b. A Cover Letter Regarding Individual Relief Determinations and Providing
Notice of Fairness Hearing on Individual Relief, Instructions for Filing an
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Objection to Individual Relief, and an Objection Form, in the formats
attached as Appendix C.
67. The Claims Administrator shall keep records of the Notice of Individual Relief
Fairness Hearing Documents that are returned to the Claims Administrator as
undeliverable. If any of the Claimant's Notice of Individual Relief Fairness Hearing
Documents are returned to the Claims Administrator as undeliverable, the Claims
Administrator shall promptly notify the Parties and attempt to identify an updated
mailing address as soon as practicable. If the Claims Administrator or one of the
Parties identifies an alternate address, the Claims Administrator shall re -mail the
Notice of Individual Relief Fairness Hearing Documents within two (2) business days
to the Claimant.
D. Objecting to Individual Relief Determinations
68. A Claimant who wishes to object to any determination regarding individual relief as
set out in his or her cover letter (Appendix C) must file a written objection in
accordance with the requirements set forth in Appendix C.
a. Objections shall be submitted to the Claims Administrator and shall state the
Claimant's name, Claimant ID number, mailing address, telephone number,
and e-mail address, if any; set forth a specific description of the Claimant's
basis for disputing the relief determinations in the Proposed Individual Relief
Awards Lists; include copies of all documentation supporting the objections;
state the name, mailing and e-mail addresses, and telephone number of the
Claimant's counsel, if any; and state whether the Claimant wishes the
opportunity to be heard in Court at the Fairness Hearing on Individual Relief.
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b. Objections submitted via mail must be postmarked no later than fifty (50)
days prior to the date set for the Fairness Hearing on Individual Relief, and
objections submitted via e-mail must be transmitted electronically no later
than fifty (50) days prior to the date set for the Fairness Hearing on
Individual Relief.
69. By no later than forty-five (45) days prior the Fairness Hearing on Individual Relief,
and on a rolling weekly basis thereafter (if necessary), the Claims Administrator shall
serve upon the Parties copies of the objections it has received.
E. Filing Objections to Individual Relief
70. No later than ten (10) days prior to the Fairness Hearing on Individual Relief, the
United States shall file with the Court copies of all objections received by the Claims
Administrator.
71. No later than ten (10) days prior to the Fairness Hearing on Individual Relief, the
Parties shall file their responses, if any, to all objections. In the City's tiling, the City
may also address its unresolved objections made pursuant to Paragraph 62, above, in
response to the United States' eligibility determinations made pursuant to Paragraph
61, above.
72. No later than the day of the Fairness Hearing on Individual Relief, the City shall
provide the Claims Administrator with any and all withholding tax forms that the City
will require Claimants to complete, as well as a protocol outlining what information
must be included on the withholding tax forms for them to be considered fully
executed for purposes of processing payment to the Claimants.
F. Amendment to Preliminary Individual Relief Awards Lists
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73. At or after the Fairness Hearing on Individual Relief, the Court shall determine
which, if any, objections to the Proposed Back Pay Awards List or to the Proposed
Priority Hire Claimant List are well-founded. The Court shall then approve the lists
as submitted or, if the Court finds that any objections are well-founded, shall request
that the Parties make any necessary adjustments to the lists consistent with such
findings.
74. The Court will find that an objection to either the Proposed Back Pay Awards List or
the Proposed Priority Hire Candidate List, including an objection to the amount of
monetary relief to be awarded to a Claimant, is well-founded only if the Court finds
that the determination reflected in such list was not reasonable, equitable, or
consistent with the provisions of this Decree or Title VII.
G. Approval of Final Individual Relief Awards Lists
75. If the Court determines that the individual relief awards are fair, reasonable,
equitable, and otherwise consistent with federal law, the Court shall approve the Back
Pay Awards List and the Priority Hire Claimant List as final (collectively, the "Final
Individual Relief Awards Lists") at or after the Fairness Hearing on Individual Relief.
VIII. EXECUTION OF INDIVIDUAL RELIEF
A. Notice of Individual Relief Awards and Acceptance and Release
76. No later than ten (10) days after the Court approves the Final Individual Relief
Awards Lists, either at or after the Fairness Hearing on Individual Relief, the Claims
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Administrator shall provide notice to each Claimant determined by the Court to be
entitled to such relief.
77. The Claims Administrator shall send notice to each Claimant via e-mail to the last -
known e-mail address and via first-class U.S. mail to the last -known mailing address.
The notice shall include:
a. The Notice of Individual Relief Award in the form set forth in Appendix D.
b. An Acceptance of Individual Relief Award and Release of Claims Form in
the form set forth in Appendix E. If the Claimant is eligible for priority
hiring relief, this form will include a statement of the Claimant's eligibility
for such relief and a description of the retroactive seniority the Claimant will
receive upon receipt of priority hiring relief, and
c. Any withholding tax forms necessary for the City to comply with its
withholding obligations under law and Paragraph 72 of this Decree.
78. The Claims Administrator shall keep records of all notice documents set forth in
Paragraph 77 that are returned to the Claims Administrator as undeliverable. If any
Claimant's notice documents are returned to the Claims Administrator as
undeliverable, the Claims Administrator shall promptly notify the Parties and attempt
to identify an updated mailing address as soon as practicable. If the Claims
Administrator or one of the Parties identifies an alternate address, the Claims
Administrator shall re -mail the notice documents set forth in Paragraph 77, above,
within two (2) business days to the Claimant.
B. Acceptance of Individual Relief
79. To receive an award of individual relief, a Claimant must return to the Claims
Administrator an Acceptance of Individual Relief Award and Release of Claims Form
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as set forth in Appendix E of this Decree, along with any applicable withholding tax
forms, no later than forty (40) days after the Court approves the Final Individual
Relief Awards List.
80. The submission date of each Acceptance of Individual Relief Award and Release of
Claims Form shall be the date on which the form was e-mailed to the Claims
Administrator, as determined by the e-mail date stamp, or the date on which the form
was mailed to the Claims Administrator, as determined by the postmark. In the event
the postmark is missing or illegible, the submission date of the Acceptance of Relief
and Release of Claims Form shall be deemed to be five (5) days prior to the date the
form was received by the Claims Administrator.
81. Within three (3) business days, or as soon as practicable, of the Claims
Administrator's receipt of an Acceptance of Individual Relief Award and Release of
Claims Form and any applicable withholding tax forms, the Claims Administrator
shall review the form(s) to determine whether it is fully executed with the information
that is necessary to effectuate the Claimant's individual relief award.
a. An Acceptance of Individual Relief Award and Release of Claims Form is
fully executed if the Claimant completes all blanks that require a response as
indicated by an asterisk on the form. A withholding tax form is fully
executed based on whether it complies with the protocol provided to the
Claims Administrator by the City pursuant to Paragraph 72.
b. If the form is not frilly executed, within three (3) business days, or as soon as
practicable, the Claims Administrator shall notify the Claimant via mail, e-
mail, and telephone that his/her form(s) was not fully executed.
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c. The Claims Administrator shall continue to conduct such review of all
returned forms and to notify Claimants who submitted forms that were not
frilly executed until the deadline set forth in Paragraph 84.
82. No later than forty-five (45) days after the Court approves the Final Individual Relief
Awards Lists, the Claims Administrator shall forward to the Parties copies of all
Acceptance of Individual Relief Award and Release of Claims Forms and
withholding tax forms it received from Claimants named in the Final Individual
Relief Awards Lists.
83. No later than fifty-five (55) days after the Court approves the Final Individual Relief
Awards Lists, the Claims Administrator shall provide the Parties with a list of all
Claimants who submitted Acceptance of Individual Relief Award and Release of
Claims Forms and withholding tax forms, identifying which Claimants submitted
fully -executed forms, as described in Paragraph 81, and which Claimants submitted
forms that were not fully executed.
84. No later than seventy (70) days after the Court approves the Final Individual Relief
Awards Lists, Claimants whose Acceptance of Individual Relief Award and Release
of Claims Form and/or any applicable withholding tax forms were not fully executed
must provide any missing information, and Claimants must show good cause, to be
determined by the United States, for failing to meet the prior deadline, and must
return fully -executed forms. A Claimant's failure to return fully -executed forms or
failure to show good cause by this deadline shall constitute a rejection of the offer of
individual relief and shall release the Parties from any further obligation under the
Decree to make an award of individual relief to the Claimant. No later than three (3)
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business days after this deadline, the Claims Administrator shall provide the Parties
with all of the returned Acceptance of Individual Relief Award and Release of Claims
Forms and any applicable withholding tax forms.
85. No later than eighty (80) days after the Court approves the Final Individual Relief
Awards Lists, the Claims Administrator shall provide the Parties with an updated list
of all of the Claimants who submitted Acceptance of Individual Relief Award and
Release of Claims Forms and any applicable withholding tax forms, identifying
which Claimants submitted fully -executed forms and which Claimants submitted
forms that were not fully executed.
86. No later than ninety-five (95) days after the Court approves the Final Individual
Relief Awards Lists, the United States shall provide the City and the Claims
Administrator with an Amended Final Back Pay Awards List and an Amended Final
Priority Hire Claimant List (collectively, "Amended Final Individual Relief Awards
Lists"). The Amended Final Back Pay Awards List will identify for each Claimant
who timely returned fully -executed Acceptance of Individual Relief Award and
Release of Claims Forms along with any applicable withholding tax forms, the
amount of back pay award to be paid, as well as the specific Settlement Fund from
which the award will be paid, taking into account when each Claimant was
disqualified by either the Police Written Entrance Exam or the PFT. The Amended
Final Priority Hire Claimant List shall identify each Claimant who is eligible to
pursue priority hiring relief and who timely returned fully -executed Acceptance of
Individual Relief Award and Release of Claims Forms.
C. Issuance of Back Pay Award Checks by City
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87. No later than one hundred twenty-five (125) days after entry of the Final Individual
Relief Awards Lists, the Claims Administrator shall mail via certified U.S. mail
(return receipt requested) a back pay award check to each Claimant listed on the
Amended Final Back Pay Awards List. The amount of the back pay award check
shall be the amount shown for the Claimant on the Amended Final Back Pay Awards
List, less all appropriate taxes and other amounts withheld in accordance with
Paragraph 88, below.
88. As directed by the City, the Claims Administrator shall withhold from each
Claimant's back pay award the employee portions of all appropriate federal, state, and
local income taxes; the employee's Medicare and FICA tax; and any other amounts
that are required to be withheld by law. The Claims Administrator shall be
responsible for remitting and reporting such employee -side withholdings to the
appropriate taxing authorities.
89. The City shall be responsible for and remit to the appropriate taxing authorities the
employer portion of all federal and state payroll taxes applicable on any monetary
relief award paid to a Claimant, including employer contributions to Medicare and the
Social Security fund. The employer portion of such taxes shall not be deducted from
any Claimant's monetary relief award, and such amounts shall not be payable from
either Settlement Fund I or 11.
90. The Claims Administrator shall keep records of all back pay award checks that are
returned to the Claims Administrator as undeliverable. If any Claimant's back pay
award check is returned as undeliverable, the Claims Administrator shall promptly
notify the Parties and attempt to identify an updated mailing address as soon as
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practicable. If the Claims Administrator or one of the Parties identifies an alternate
address, the Claims Administrator shall re -mail the back pay award check within two
(2) business days to the Claimant.
91. No later than one hundred forty (140) days after entry of the Final Individual Relief
Awards Lists, the Claims Administrator shall provide to the Parties a statement
indicating the amount of the payment made to each Claimant, the amounts withheld
from each such back pay award check for taxes and other amounts required to be
withheld by law, and the purpose of each such withholding.
92. No later than one hundred fifty-five (155) days after entry of the Final Individual
Relief Awards Lists, the Claims Administrator shall provide to the Parties a list of all
Claimants whose award payments are still outstanding. The list shall identify which
Claimant's checks appear to have been delivered (no returned check) but have not
been cashed, and which Claimant's checks have been returned to the Claims
Administrator as undeliverable. The Claims Administrator shall also provide a
statement of the amount of funds remaining in each of the two Settlement Funds.
93. No later than one hundred sixty-five (165) days after entry of the Final Individual
Relief Awards Lists, the Claims Administrator shall e-mail and mail a letter to all
Claimants whose award payments are still outstanding to inform such Claimants that
their awards may be redistributed or otherwise reallocated if they do not accept
payment by a specified date that is one hundred eighty (180) days after issuance of
the check. The letter shall state that no further warnings regarding such distribution
will be given.
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94. No later than three hundred fifteen (315) days after entry of the Final Individual
Relief Awards Lists, the Claims Administrator shall provide the Parties with a list of
all Claimants whose back pay award checks were returned as undeliverable and/or
uncashed, as well as a statement of the amount of funds remaining in each of the two
Settlement Funds.
95. No later than three hundred twenty-five (325) days after entry of the Final Individual
Relief Awards Lists, the United States shall inform the City and the Claims
Administrator either that the remaining funds should be reallocated among the other
Claimants who are listed on the Amended Final Back Pay Awards Relief List in a
manner designed to preserve the relative proportions of the Claimants' shares of the
Settlement Funds, or, if the remaining funds are de minimis, that the remaining funds
should not be reallocated among the Claimants but rather the United States shall
determine a manner of redistribution that is consistent with the purposes of the
Decree.
D. Priority Hiring Relief
96. The City shall make thirteen (13) priority hires of female Claimants and eleven (1 1)
priority hires of Hispanic Claimants eligible for priority hiring relief from the
Claimants on the Amended Final Priority Hire Claimant List. Priority hiring relief
includes an award of retroactive seniority, including retroactive pension benefits,
corresponding with the Claimant's retroactive seniority date.
97. To count as a priority hire under this Decree, the person must be a Claimant who is
eligible for priority hiring relief as indicated by the Amended Final Priority Hire
Claimant List and either:
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a. Begins police academy training after the Court entered the Final Individual
Relief Awards Lists; or
b. Is a current City police officer who is credited by the City with retroactive
seniority corresponding with the Claimant's retroactive seniority date.
98. Nothing in this Decree shall preclude any Claimant from applying for hire or being
hired into the probationary police officer position under any of the City's regular
selection processes. However, hire of a Claimant under one of the City's regular
selection processes, whether or not the hiring predated entry of the Decree, shall not
be counted toward fulfillment of the City's priority hiring obligations under this
Decree, except pursuant to the provisions set forth in Paragraph 97(b), above and
Paragraphs 107-108, below. Hire of a Claimant under one of the City's regular
selection processes shall not affect the Claimant's eligibility for monetary relief under
this Decree. The City also may not refuse to selector hire a Claimant under one of its
regular selection processes because the Claimant is eligible for individual relief under
this Decree.
i. Priority Hiring Relief Awarded to Eligible Claimants Identified in
Paragraph 97(a)
a. Selection Process
99. The City may require any eligible Claimant seeking priority hiring relief to
successfully complete the City's probationary police officer screening and selection
procedures that are then in effect and required of all other probationary police officer
applicants, except for any maximum age requirements. The City shall make
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reasonable efforts to accommodate Claimants in scheduling the screening and
selection procedures described in this Paragraph.
100. The City shall extend to any eligible Claimant seeking priority hiring all rights,
privileges, and processes, including disqualification appeals processes, that the City
regularly extends to applicants for probationary police officer positions.
101. If the City disqualifies any Claimant listed on the Amended Final Priority Hire
Claimant List from an offer of priority hire based on any part of its screening and
selection process before fulfilling its priority hiring obligations under the Decree, the
City shall, within ten (10) days of making such determination, send the United States:
written notice of its determination, the basis of its determination, and any supporting
documentation. Ifthe United States disagrees with the City's determination to
disqualify any Claimant, it shall notify the City in writing, and the Parties shall make
a good faith effort to resolve the disagreement. If the Parties are unsuccessful in that
regard, the United States may seek judicial resolution pursuant to the dispute
resolution procedures set forth at Paragraph 115.
b. Offer of Priority Hire
102. Upon successful completion by a Claimant of the City's probationary police officer
screening and selection procedures that are then in effect and required of all other
probationary police officer applicants, the City will send, by e-mail to the Claimant's
last -known e-mail address and by U.S. mail to the Claimant's last -known mailing
address, a written offer of priority hire, prominently indicating: (i) that the offer is an
offer of priority hire being made pursuant to the Decree; (ii) that, upon entry into the
Lubbock Police Academy, the Claimant will be entitled to retroactive seniority
corresponding with the Claimant's retroactive seniority date as provided by this
38
Decree; (iii) the salary and retroactive seniority benefits based on his/her retroactive
seniority date that the City will provide upon entry into the Lubbock Police
Department; (iv) the date on which the Claimant will begin police academy training if
the offer is accepted; (v) the telephone number at which the Claimant may contact the
Claims Administrator with any questions regarding the offer of priority hire; and (vi)
that the Claimant has at least thirty (30) days from the date on which the Claimant
receives the written offer of priority hire to notify the City that the Claimant accepts
the offer. On the date that such an offer of priority hire is sent to a Claimant, the City
shall send a copy of the offer of priority hire to the United States.
103. If a Claimant fails to timely accept the City's offer of priority hire, or if the Claimant
fails to report for work on the start date identified in the City's offer of priority hire,
except for good cause as determined by the United States, the City's obligation to
provide the offer to or make a priority hire of that Claimant ceases. However, such
instances shall not constitute priority hiring under Paragraph 97(a) and shall not
decrease the number of priority hires that the City must make under Paragraph 96.
c. Retroactive Seniority to Claimants Hired
104. On the date on which a Claimant who was hired as a priority hire pursuant to
Paragraph 97(a) enters the Lubbock Police Academy, the City shall credit the
Claimant with retroactive seniority corresponding with the Claimant's retroactive
seniority date. The City will notify the United States in writing within thirty (30)
days of crediting any Claimants with such seniority, pursuant to Paragraph 105,
below.
39
d. City's Reports to the United States on Claimants Hired
105. No later than thirty (30) days after the beginning of any police academy class for
which offers of priority hire have been made, the City shall provide to the United
States a written report identifying (i) the name of each Claimant who was offered a
priority hire position; (ii) whether each such Claimant accepted the offer of a priority
hire position; (iii) whether each such Claimant was ultimately employed by the City
and credited with retroactive seniority; and (iv) for any Claimant not ultimately
employed by the City, a statement of the reason(s) that any Claimant to whom an
offer of priority hire was made was not hired, along with all available documentation
relating to such reason(s).
106. No later than thirty (30) days after the completion of any police academy class for
which offers of priority hire have been made, the City shall provide to the United
States a written report identifying those Claimants who successfully completed police
academy training academy and those who did not successfully complete police
academy training. For Claimants who did not successfully complete police academy
training, the report shall include a statement of the reason(s) that the Claimant did not
complete police academy training, along with all available documentation relating to
such reason(s).
ii. Priority Hiring Relief Awarded to Incumbent Police Officers
Pursuant to ParaEraph 97(b)
107. An incumbent City police officer will count toward the City's priority hiring
obligation pursuant to Paragraph 96 if he/she is an eligible Claimant listed on the
Amended Final Priority Hire Claimant List and if the City credits him/her with
retroactive seniority corresponding with his/her retroactive seniority date.
40
108. The City will notify the United States in writing of any Claimants who are awarded
priority hiring relief who currently serve as incumbent City police officers within
thirty (30) days of any such award of priority hiring relief, including providing the
United States with the names of the Claimants and details on the retroactive seniority
credited to the Claimants, including salary adjustments.
iii. Retroactive Pension Benefits
109. At the time the City credits a priority hire with retroactive seniority corresponding
with the Claimant's retroactive seniority date, the City shall offer to each priority
hire, in writing, a 457(b) retirement account. A copy of the written offer will be
provided by the City to the United States.
110. The 457(6) retirement account offered by the City will be separate from (and in
addition to) the pension plan each City employee has with Texas Municipal
Retirement System ("TMRS"). Each priority hire who elects to participate in the
457(b) plan offered by the City will be allowed to contribute an amount not to exceed
what would have been the priority hire's contribution to his/her TMRS account if
he/she had not been initially disqualified by the challenged selection device. The
priority hire will have two (2) years to make the allowed contributions. Once the
priority hire is vested in TMRS (i.e., works as a Lubbock Police Officer for five (5)
years), the City will provide a 2 -to -1 match to the priority hire's contribution. The
City's matching funds will initially be deposited into a separate interest-bearing
account. The matching funds and interest from the separate interest-bearing account
will be deposited into the priority hire's 457(b) retirement account when the priority
hire is eligible for retirement with TMRS or reaches age sixty (60), whichever occurs
first. If the priority hire withdraws the funds deposited in the priority hire's 457(b)
41
retirement account before the priority hire is eligible for retirement with TMRS or
reaches age sixty (60), whichever occurs first, the matching funds will revert the City.
IX. RECORD KEEPING AND COMPLIANCE MONITORING
1 1 1. While this Decree remains in effect, the City shall maintain all of the following
records:
a. All applications for the probationary police officer position;
b. All non -privileged documents relating to the screening, evaluation, or
selection of applicants for the position of probationary police officer, other
than documents the City is contractually obligated to return to a test
developer after use thereof,
c. All non -privileged documents known to the City relating to written or verbal
complaints made by any person or organization regarding discrimination on
the basis of Hispanic national origin or female sex in the appointment of
applicants to the probationary police officer position;
d. All non -privileged documents relating to the evaluation, selection,
designation, and/or employment of priority hires under this Decree; and
e. All other non -privileged documents relating to the City's compliance with
the requirements of this Decree, including but not limited to documents
relating to the payment or award of individual relief to any Claimant under
this Decree.
1 12. Except as otherwise provided in this Decree, the City will make available to the
United States, no later than thirty (30) days after the United States so requests in
writing, any non -privileged records maintained in accordance with the preceding
Paragraph of this Decree and any additional non -privileged documents reasonably
42
relating to any dispute arising under the Decree. If such requests become unduly
burdensome on the City, relief may be sought from the Court.
113. When possible, all records furnished to the United States shall be provided in a
computer -readable format to be agreed upon by the Parties prior to production.
114. Within thirty (30) days after the United States so requests in writing, the City shall
make available in Lubbock for interview or deposition (at the United States' option)
any agent, employee, or official of the City who the United States reasonably believes
has non -privileged knowledge of information necessary to verify the City's
compliance with the terms of this Decree or to resolve a dispute arising under this
Decree. If, after completing discovery, the United States maintains that the City has
not complied with the Decree or the dispute still exists, within ten (10) days after the
United States communicates that fact to the City, the City may interview or depose
any witness with knowledge regarding the matter in dispute. Under no circumstances
may the City interview or depose any officials, agents, or employees of the U.S.
Department of Justice in this process in the absence of further Court order for good
cause shown.
X. DISPUTE RESOLUTION
115. The Parties shall attempt in good faith to resolve informally any disputes that arise
under this Decree. If the Parties are unable to resolve the dispute expeditiously, either
party may submit the disputed issue to the Court for resolution upon fifteen (15) days
written notice to the other party, unless a different time period has been specified
elsewhere in the Decree.
43
XI. DURATION OF THE CONSENT DECREE
1 16. Provided there are no outstanding disputes being resolved pursuant to Paragraph 115,
this Decree shall be dissolved without further order of the Court upon the completion
of the following:
a. Fulfillment of the Parties' obligations regarding General Injunctive Relief set
forth in Section V of this Decree;
b. Completion of the process regarding issuance of back pay award checks set
forth in Paragraphs 87 through 95 of this Decree; and
c. The passage of forty (45) days after the date the City provides the last of the
reports and statements regarding priority hiring relief required by Paragraphs
105, 106, and 108 of the Decree,.
1 17. The Parties will promptly notify the Court of the fulfillment of all obligations set
forth under Paragraph 116 and request that this action be dismissed.
XI1. COSTS AND FEES
118. The City shall bear all of the costs incurred by the Claims Administrator in the
implementation of the Decree, including the cost of all notification and publication
procedures described above.
119. Other than the payment of costs pursuant to Paragraph 118, each party shall bear its
own costs, and other expenses incurred as a result of obligations imposed by this
Decree.
120. Each party shall bear its own costs, attorneys' fees, and other expenses incurred in
this litigation.
44
XIII. MISCELLANEOUS
121. The Court shall retain jurisdiction over this Decree for the purpose of resolving any
disputes or entering any orders that may be appropriate to implement the Decree until
the obligations set forth in Paragraph 116 have been met.
122. The Parties shall, at a minimum, meet quarterly (in person or by telephone, at the
option of the Parties) during the duration of the Decree to discuss any issues relevant
to implementation of the Decree.
123. To the extent of any conflict between this Decree and the requirements of any state or
local law or regulation, the terms of this Decree shall control.
124. This Decree constitutes the entire agreement of the Parties, and supersedes all prior
agreements, representations, negotiations, and undertakings not set forth or
incorporated herein.
125. Unless the United States has given express prior authorization for communication by
other means, all written information and documents required to be delivered under
this Decree to the United States by the City shall be sent via overnight delivery to:
Lubbock Police Department Settlement Team
Employment Litigation Section
U.S. Department of Justice
Civil Rights Division
PHB, Room 4500
601 D Street NW
Washington, DC 20579
126. Unless the City has given express prior authorization for communication by other
means, all written information and documents required to be delivered under this
Decree to the City by the United States shall be sent via overnight delivery to:
City of Lubbock Law Department
Attention: City Attorney
Post Office Box 2000
45
Lubbock, Texas 79457
127. If any provision of this Decree is found to be unlawful, only the specific provision in
question shall be affected, and the other provisions will remain in full force and
effect.
128. Final entry of this Decree constitutes the entry of final judgment within the meaning
of Rule 54 of the Federal Rules of Civil Procedure as to all claims asserted in this
action.
It is so ORDERED, this day of 12016.
JUDGE SAM R. CUMMINGS
UNITED STATES DISTRICT JUDGE
46
AGREED AND CONSENTED TO BY:
FOR PLAINTIFF UNITED STATES OF FOR DEFENDANT CITY OF
AMERICA: LUBBOCK, TEXAS:
VANITA GUPTA
Principal Deputy Assistant Attorney General
DELORA L. KENNEBREW
Chief
JOHN P. BUCHKO
Deputy Chief
HECTOR F. RUIZ, JR.
(TX Bar No. 24029814)
hector.ruiz@usdoj.gov
JENNIFER M. SWEDISH
(NY Bar No. 4469730)
jennifer.swedish@usdoj.gov
ALISA C. PHILO
(CA Bar No. 295892)
alisa.philo@Lisdoj.gov
Trial Attorneys
U.S. Department of Justice
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Avenue, NW
Patrick Henry Building, Room 4034
Washington, DC 20530
Telephone: (202) 514-9694
Facsimile: (202) 514-1005
JOHN R. PARKER
United States Attorney
Northern District of Texas
ANN E. CRUCE-HAAG
(TX Bar 24032102)
Assistant United States Attorney
1205 Texas Avenue, Suite 700
BRIAN J. BEGLE
(TX Bar. No. 00785311)
(Federal I.D. No. 15767)
BBegle@olsonllp.com
JOHN J. HIGHTOWER
State Bar No. 09614200
Federal I.D. No. 5758
JHightower@olsonlip.com
Olson & Olson, L.L.P.
Wortham Tower, Suite 600
2727 Allen Parkway
Houston, Texas 77019
Telephone: (713) 533-3800
Facsimile: (713) 533-3888
JEFF HARTSELL
Assistant City Attorney
(TX Bar No. 09170275)
Post Office Box 2000
Lubbock, Texas 77945
Telephone: (806) 775-2214
Attorneys for Defendant City of Lubbock,
Texas
Date:
47
me.
Lubbock, TX 79401
Telephone: (806) 472-7351
Facsimile: (806) 472-7324
Email: Ann.Haag@usdoj.gov
Attorneys for Plaintiff United States of
America
Date: , 2016
48
APPENDIX A
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT' OF TEXAS
NOTICE OF SETTLEMENT & FAIRNESS HEARING
A court approved this notice. This is not an adverlisement from a lmvyer.
• The United States of America has sued the City of Lubbock (the "City"), alleging that the
Lubbock Police Department discriminated against female and Hispanic applicants when
hiring probationary police officers from January 16, 2010, to June 6, 2015. The City
denies these allegations.
In settlement of this lawsuit, the United States and the City have voluntarily entered into
a Consent Decree.
• As part of the Consent Decree, the City has agreed to provide money and other awards to
individuals harmed by the alleged discrimination. Individuals who meet the following
criteria may be eligible for relief:
■ Applicants who identified as Hispanic when applying to be a probationary police
officer with the Lubbock Police Department and who did not pass the written
examination administered by the Lubbock Police Department between January
16, 2010, and June 6, 2015; and
■ Applicants who identified as female when applying to be a probationary police
officer with the Lubbock Police Department and who did not pass the physical
fitness test administered by the Lubbock Police Department between January 16,
2010, and June 6, 2015.
Individuals who do not fall into either of these categories are not eligible for relief.
• The Consent Decree can be viewed at [Claims Administrator's website]
• If you wish to object to the Consent Decree, you must follow the enclosed instructions
and return the objection form by
Objections to the Consent Decree will be considered by the Court at a Fairness
Hearing on
Read this notice carefully, as your rights may be affected by the terms of the Consent Decree.
In its lawsuit, the United States alleges that the City has engaged in unlawful employment
practices that deprive or tend to deprive Hispanics and women of employment opportunities
APPENDIx A
UNITED STATES DISTRICT COURT FOR THE NORTHEPN DISTRICT OF TEXAS
because of their national origin and/or sex, in violation of Section 703(a) of Title VII, 42 U.S.C.
§ 2000e -2(a). Specifically, the United States alleges that, in its hiring process for probationary
police officers from January 2010 to June 2015, the City used a written examination that had an
adverse impact on Hispanic applicants and a physical fitness test that had an adverse impact on
female applicants. The United States alleges that neither test is sufficiently job related or
consistent with business necessity. The United States does not, however, allege that the City has
intentionally discriminated against any person or group of persons. The City denies that it has
discriminated against any person or any group of persons in any way.
In the interest of resolving this matter and promoting the purposes of Title VII, the United States
and the City have voluntarily entered into a Consent Decree. The Court must decide if the terms
of the Consent Decree are fair, lawful, and reasonable. To do so, the Court will hold a "Fairness
Hearing," at which time the Court will hear and consider any objections to the terms of the
Consent Decree.
You received this notice because your rights or legal interests mi ht be affected by
implementation of the relief in the Consent Decree. This notice summarizes that relief and
explains how you may object to it, if you wish to do so. The Court will consider all objections
before any Hispanic and female victims of the City's alleged discrimination will be offered
awards.
The Consent Decree describes the awards that will be available to the victims of the City's
alleged discrimination. Because the Consent Decree resolves the discriminatory impact of two
separate testing devices used by the City to hire probationary police officers, two different
groups of victims may be entitled to relief.
• If you identified as Hispanic when applying to be a probationary police officer and
you did not pass the written examination administered by the Lubbock Police
Department between January 16, 2010, and June 6, 2015, you may be entitled to:
■ A cash award of back pay to make up for some of the wages lost due to
discrimination. Specifically, the City has agreed to provide $326,250 in back pay
to be distributed amongst eligible Hispanic claimants.
■ Consideration for a position as a probationary police officer with the Lubbock
Police Department, including retroactive seniority.
■ Retroactive seniority, including retroactive pension benefits, for up to 1 1
police officers. This retroactive seniority may not be used for shift -bidding or to
APPENDIX A
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
satisfy any applicable probationary periods or any time -in -grade requirements
associated with promotion eligibility.
• If you identified as female when applying to be a probationary police officer and
you did not pass the physical fitness test administered by the Lubbock Police
Department between January 16, 2010, and June 6, 2015, you may be entitled to:
■ A cash award of back pay to make up for some of the wages lost due to
discrimination. Specifically, the City has agreed to provide $398,750 in back pay
to be distributed amongst eligible female claimants.
■ Consideration for a position as a probationary police officer with the Lubbock
Police Department, including retroactive seniority.
■ Retroactive seniority, including retroactive pension benefits, for up to 13
police officers. This retroactive seniority may not be used for shift -bidding or to
satisfy any applicable probationary periods or any time -in -grade requirements
associated with promotion eligibility.
No. Only applicants who identified as Hispanic when applying and who were disqualified by the
City's use of the written examination and applicants who identified as female when applying and
who were disqualified by the City's use of the physical fitness test from January 2010 to June
2015 may be eligible to receive an award. Hispanic applicants who were not hired for reasons
unrelated to the written examination, and female applicants who were not hired for reasons
unrelated to the physical fitness test will not be eligible to receive an award. Please read the
eligibility criteria in the Consent Decree carefully to determine whether you wish to object at
[Claims Administrator's website].
You have the right to submit a written objection to any of the terms of the Consent Decree that
You believe are unfair, unreasonable, or unlawful. Instructions for filing an objection are
enclosed with this notice. Making an objection is voluntary, but if you do not object at this
time, you may be prohibited from taking any action against the Consent Decree in the
future. Any written objections must be submitted to the Claims Administrator, as described in
the enclosed instructions, no later than , 2016.
You also have the right to attend the Fairness Hearing, at which time the Court will decide
whether to enter the Consent Decree. The Fairness Hearing for this Consent Decree will be held
on at at the Courthouse at
APPENDIX A
INSTRUCTIONS FOR FILING AN OBJECTION
PRIOR TO THE FAIRNESS HEARING
1. Making an objection is voluntary, but if you do not object at this time, you will not,
absent good cause, be able to oppose the terms of the Consent Decree in the future.
If you decide to object, follow the instructions on this page. If you object, the Court will
consider your objection before deciding whether to approve or amend the Consent
Decree.
2. All objections must be made in writing. Your objection should be made on the attached
objection form, which must be filled out completely. You must include a description of
the basis of your objection. If you have retained an attorney to assist you in this matter,
You must include the name, address, phone number, and e-mail address of your attorney.
You may attach additional pages to the objection form if necessary.
3. All objections must be sent via e-mail or sent by U.S. mail and postmarked no later than
, 2016. If your objection is not e-mailed or postmarked by this date, your
objection may not be considered and you may be prohibited from objecting later.
4. Submit your objection either:
a. By U.S. mail to the following address:
Lubbock Police Department Settlement
[Claims Administrator]
[Claims Administrator address]
b. By e-mail to [Claims Administrator's e-mail address]
5. The Court will hold a Fairness Hearing on , 2016, at . You may
attend this hearing if you wish, but you do not need to attend to have the Court consider
any written objections that you choose to submit.
6. If you have any questions regarding your decision to submit an objection, you may
consult with an attorney of your own choosing and at your own expense. If you have any
questions concerning the procedure to submit an objection, you may consult with your
own attorney or call the Claims Administrator at . You may also
consult [Claims Administrator's website] for additional information.
APPENDIx A
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
V.
CITY OF LUBBOCK, TEXAS,
Defendant.
Civil Action No. 5:15-cv-234
OBJECTION TO THE ENTRY OF THE CONSENT DECREE
I am objecting to the terms of settlement in the Consent Decree agreed to by the United
States of America and the City of Lubbock, Texas.
Name: Attorney's Name (if any):
Address:
Telephone:
E-mail Address:
Basis of my objection:
Attorney's Address:
Attorney's Telephone:
Attorney's E-mail Address:
You may attach additional pages to explain the basis of your objection if necessary.
Are you requesting the opportunity for you (or your attorney if you have one) to state your
objection in person at the Fairness Hearing on at ?
[ ] YES [ ] NO
You must send your objection to the Claims Administrator at the address provided in the
instructions. Your objection must be postmarked or e-mailed by
47
APPENDIx B
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
NOTICE OF ENTRY OF
CONSENT DECREE
A court approved this notice. This is not an advertisement from a Immyer.
If you identified as Hispanic or female when applying to
become a police officer with the Lubbock Police Department
between January 2010 and June 2015, you must act now to
protect your rights in a lawsuit.
• The United States of America has sued the City of Lubbock (the "City"), alleging that the
Lubbock Police Department discriminated against female and Hispanic applicants when
hiring probationary police officers from January 16, 2010, to June 6, 2015.
• On , the Court entered a Consent Decree that resolved the lawsuit
between the United States and the City.
• As part of the Consent Decree, the City has agreed to provide money and other awards to
individuals harmed by the alleged discrimination. Individuals who meet the following
criteria may be eligible for a cash back pay award and/or priority consideration for hiring
with the Lubbock Police Department:
■ Applicants who identified as Hispanic when applying to be a probationary police
officer and who did not pass the written examination administered by the
Lubbock Police Department between January 16, 2010, and June 6, 2015; or
■ Applicants who identified as female when applying to be a probationary police
officer and who did not pass the physical fitness test administered by the Lubbock
Police Department between January 16, 2010, and June 6, 2015.
You are being sent this Notice because you identified as Hispanic or female when
applying and you did not pass either the written examination or the physical fitness test,
so you may be eligible for a cash award of back pay and/or priority consideration for a
probationary police officer position under the Consent Decree. You must submit the
enclosed Interest -in -Relief Form by to be considered for relief under
the Consent Decree.
APPENDIx B
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
In its lawsuit, the United States alleges that the City has engaged in unlawful employment
practices that deprive or tend to deprive Hispanics and women of employment opportunities
because of their national origin and/or sex, in violation of Section 703(a) of Title VII, 42 U.S.C.
§ 2000e -2(a). Specifically, the United States alleges that, in its hiring process for probationary
police officers from January 2010 to June 2015, the City used a written examination that had an
adverse impact on Hispanic applicants and a physical fitness test that had an adverse impact on
female applicants. The United States alleges that neither test is sufficiently job related or
consistent with business necessity. The United States does not, however, allege that the City has
intentionally discriminated against any person or group of persons. The City denies that it has
discriminated against any person or group of persons in any way.
In the interest of resolving this matter and promoting the purposes of Title VII, the United States
and the City have voluntarily entered into a Consent Decree. The Court entered the Consent
Decree on
Because the Consent Decree resolves the discriminatory impact of two separate testing devices
used by the City to hire probationary police officers, two different groups of victims may be
entitled to relief.
• If you identified as Hispanic when applying to be a probationary police officer and
you did not pass the written examination administered by the Lubbock Police
Department between January 16, 2010, and June 6, 2015, you may be entitled to:
■ A cash award of back pay to make up for some of the wages lost due to
discrimination. Specifically, the City has agreed to provide $326,250 in back pay
to be distributed amongst eligible Hispanic claimants.
■ Consideration for a position as a probationary police officer with the Lubbock
Police Department, including retroactive seniority.
■ Retroactive seniority, including retroactive pension benefits, for up to 1 1
police officers. This retroactive seniority may not be used for shift -bidding or to
satisfy any applicable probationary periods or any time -in -grade requirements
associated with promotion eligibility.
APPENDIX B
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
• If you identified as female when applying to be a probationary police officer and
you did not pass the physical fitness test administered by the Lubbock Police
Department between January 16, 2010, and June 6, 2015, you may be entitled to:
■ A cash award of back pay to make up for some of the wages lost due to
discrimination. Specifically, the City has agreed to provide $398,750 in back pay
to be distributed amongst eligible female claimants.
■ Consideration for a position as a probationary police officer with the Lubbock
Police Department, including retroactive seniority.
■ Retroactive seniority, including retroactive pension benefits, for up to 13
police officers. This retroactive seniority may not be used for shift -bidding or to
satisfy any applicable probationary periods or any time -in -grade requirements
associated with promotion eligibility.
The City's records show that you identified as Hispanic or female when applying and you were
disqualified by the City's use of the written examination or the physical fitness test between
January 2010 and June 2015. As a result, you aay be eligible for a cash back pay award or
priority consideration for a probationary police officer position with the Lubbock Police
Department. This notice explains the steps that you must now take to be considered for an
individual award.
To be considered for an individual award, you must complete and submit the enclosed Interest -
in -Relief Form to the Claims Administrator, as described in the enclosed instructions, no later
than . Submitting the Interest -in -Relief Form does not guarantee that you
will receive any individual award. But if you do not complete and submit the Interest -in -Relief
Form by , you may not receive an award because you missed the deadline.
The United States will make an initial decision on your eligibility based on the City's records
and the Interest -in -Relief Form that you submit. You will be informed of the initial decision on
your eligibility, and you will have the opportunity to object to that decision. The Court will
make the final decision about whether you are eligible to receive an individual award.
During this process, it is important that the Claims Administrator have your current contact
information to inform you of next steps or to request additional information. If your address,
APPENDIX B
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
telephone number, or e-mail address changes after you mail in your Interest -in -Relief Form, you
must let the Claims Administrator know. To do so:
• You can e-mail [Claims Administrator's e-mail address], or
• You can call [Claims Administrator's phone number].
4
APPENDIX B
INSTRUCTIONS FOR FILING A CLAIM TO BE CONSIDERED FOR
A CASH BACK PAY AWARD OR PRIORITY HIRING CONSIDERATION
1. To be eligible for an individual award in this lawsuit (such as a cash back pay award
and/or priority hiring consideration), you must return a completed Interest -in -Relief Form
with your signature. Filling out the Interest -in -Relief Form does not guarantee that
you will receive an award, but you may not be eligible to receive any benefits from
this lawsuit if you do not complete and return the Interest -in -Relief Form.
2. FILL OUT EVERY SECTION OF THE INTEREST -IN -RELIEF FORM.
3. Submit your Interest -in -Relief Form either:
a. By U.S. mail to the following address (a return envelope has been enclosed for
your convenience):
City of Lubbock Settlement Team
[Claims Administrator]
[Claims Administrator]
b. By e-mail to _@_ [Claims Administrator's e-mail address].
4. All forms must be sent via e-mail or postmarked by or you will lose
the chance to receive an award absent good cause.
5. If you return the Interest -in -Relief Form:
a. You authorize the Claims Administrator to share your materials with the parties
and the Court.
b. The United States will evaluate your eligibility for an individual award.
c. The Claims Administrator will notify you of the United States' eligibility
determinations.
d. If you disagree with these determinations, you will have a chance to object.
e. The Court will make the final decision about whether you are eligible for an
award.
APPENDI\ B
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
UNITED STATES OF AMERICA, )
Plaintiff, )
V. )
CITY OF LUBBOCK, TEXAS, )
Defendant. )
Civil Action No. 5:15-cv-234
INTEREST -IN -RELIEF FORM
I am requesting a cash back pay award and/or priority hiring consideration under the
Consent Decree agreed to by the United States and the City of Lubbock, and entered by the
Court in the above -captioned case. By completing, signing, and returning this form, I certify that
the information below is true and correct:
Part I. Contact Information
Name:
(first) (middle initial) (last)
Other name(s) used:
Social Security Number: Date of Birth:
Address:
(Number & Street)
Home Telephone:
E-mail:
Cell Phone:
(mm/dd/yyyy)
(Apt./Unit)
Please let us know if your contact information changes at any time after you submit this
Interest -in -Relief Form. To update your contact information, you can e-mail [Claims
Administrator's e-mail address] or call the Claims Administrator at [Claims
Administrator's phone number].
I
APPENDIX B
Part H. Interest in Relief
1. Type of Relief Requested
Please check one or both of the types of relief that you are seeking:
[ ] Cash Back Pay Award: Please check this box if you are interested in a cash
award of back pay to make up for some of the wages lost due to the alleged
discrimination.
The City has agreed to provide $326,250 in back pay to be distributed amongst
eligible Hispanic claimants, and $398,750 in back pay to be distributed amongst
eligible female claimants.
The amount of cash back pay that an eligible claimant receives will depend on the
number of claimants and the respective timing of their disqualification from the
City's hiring process.
Priority Hiring Relief: Please check this box if you are interested in being
considered for priority hiring relief, including retroactive seniority, under either of
the following two situations:
(1) If you are not currently employed as a police officer with the Lubbock
Police Department and you would like to be considered for priority hiring
as a probationary police officer with the Lubbock Police Department.
Checking the box merely indicates your interest in being considered and
does not mean that you will necessarily be hired. Also, you will not have
to accept a position if one is offered to you.
(2) If you are currently employed as a police officer with the Lubbock Police
Department and you would like to receive retroactive seniority.
The City of Lubbock has agreed to give priority hiring relief to up to 1 1 eligible
Hispanic claimants and up to 13 eligible female claimants. Each eligible claimant
who receives priority hiring relief will receive retroactive seniority, including the
salary that he or she would have earned had he or she been working as a police
officer since the disqualifying exam, retroactive pension benefits, and seniority
credit in the probationary police officer position (but not for time -in-place
promotion eligibility or shift bidding).
APPENDI\ B
Part M. Additional Eligibility Information
2. Citizenship
Are you a United States citizen?
[ ] YES [ ] NO
If you are a naturalized United States citizen, when did you obtain your citizenship?
Date:
3. Education History
Did you graduate from high school or receive your GED?
[ ] YES [ ] NO
If yes, when did you graduate from high school or receive your GED?
Date:
4. Driver's License
Are you a licensed driver?
[ ] YES [ ] NO
If N es, please list the state of issuance and your driver's license number.
5. Criminal Convictions
Have you ever been convicted of a felony, a class -A misdemeanor, or a class -B misdemeanor?
[ ] YES [ ] NO
If yes, please list the date and nature of the conviction:
8
APPENDIX B
Part IV. Acknowledgement and Certification
I UNDERSTAND AND ACKNOWLEDGE that additional information regarding my
background may be requested, and that 1 may be required to provide such information in order to
be eligible to receive any award the Court may order in this lawsuit, and that filling out this
Interest -in -Relief Form does not guarantee that I will receive any individual award in this
lawsuit.
I CERTIFY under penalty of perjury that the foregoing is true and correct.
Signature:
Printed Name:
Date:
APPENDIX C
LETTER TO CLAIMANTS
[Claimant name address]
[Claimant ID number]
Re: United States of America v. City of Lubbock, Teras
Civil Action No.: 5:15-cv-234 (N.D. Tex.)
Dear
This notice is in response to the Interest -in -Relief Form that you previously submitted
under the terms of the Consent Decree entered by the Court in United States of America v. City
of Lubbock, Texas, Civil Action No.: 5:15-cv-234 (N.D. Tex.). You have been assigned the
Claimant ID number referenced above. Please retain this notice as the Proposed Individual
Relief Awards Lists filed with the Court in this case references only your Claimant ID number,
not your name.
The United States has made certain preliminary determinations concerning your
eligibility for the relief you requested in your Interest -in -Relief Form. Please read the
following very carefully.
1. BACK PAY. Based upon your Interest -in -Relief Form, the United States has made a
preliminary determination that you [ ] are [ ] are not eligible for an award of back pay.
• [If eligible.] The amount of back pay for which you are eligible is [$_�, less
required tax withholdings.
• [Ifnot eligible:] The reason(s) that you are not eligible for an award of back pay are:
2. PRIORITY HIRING RELIEF. Based on your Interest -in -Relief Form, the United States
has made a preliminary determination that you[ ] are [ ] are not eligible for priority hiring
relief, including retroactive seniority based on your retroactive seniority date. Please note:
[If eligible fur priority /tiring relief.•]
(a) If you are not currently employed as a police officer with the Lubbock Police
Department and you would like to be considered for priority hiring as a probationary
police officer, a determination that you are eligible for priority hiring relief does not
ensure that you will receive a position as a priority hire.
APPENDIX C
In order to be appointed as a priority hire, you must undergo the same
assessment process that the City of Lubbock conducts to select its
probationary police officers. You must take and pass every step in that
assessment process in order to be appointed as a priority hire to a future
Lubbock Police Department police academy class. You will receive
additional information about that assessment process in a separate letter.
• If you are appointed as a priority hire and you enter the Lubbock Police
Academy, you will receive retroactive seniority based on a retroactive
seniority date of [enter applicable date].
(b) If you are currently employed as a police officer with the Lubbock Police
Department, a determination that you are eligible for priority hiring relief means that
YOU are eligible to receive retroactive seniority based on a retroactive seniority date of
[enter applicable datel.
[If not eligible for priority hiring relief.•)
• If not eligible for priority hiring relief, the reason(s) for this determination are:
3. FAIRNESS HEARING. In addition to your determinations indicated above, the United
States has made preliminary determinations regarding the nature and amount of relief that
each of the other individuals who submitted an Interest -in -Relief Form should receive under
the Consent Decree. The United States has submitted its preliminary determinations to the
Court in Proposed Individual Relief Awards Lists, identifying you only by your Claimant ID
number. You may view these lists at [Claims Administrator's website].
The United States will ask the Court to approve the Proposed Individual Relief Awards Lists
at a Fairness Hearing on Individual Relief which will be held on [insert date] at the
United States Courthouse, 1205 Teras Avenue, Room 209, Lubbock, TX 79401. You have
the right to attend this Fairness Hearing. At or after the Fairness Hearing on Individual
Relief, the Court may approve the United States' determinations or may adjust them with
respect to you and/or other Claimants under the procedures set forth in the Consent Decree.
4. OBJECTIONS TO THIS PRELIMINARY DETERMINATION. If you wish to object to
any of the determinations described in this letter in any respect, you must take action, as
explained in the enclosed "INSTRUCTIONS FOR FILING AN OBJECTION TO
INDIVIDUAL RELIEF." Making an objection is voluntary, but if you do not object at
this time, you may be prohibited from objecting in the future. You may request an
opportunity to be heard at the Fairness Hearing, but you do not need to appear at the Fairness
Hearing for the Court to consider your objections.
APPENDIX C
Sincerely,
Claims Administrator
Enclosures: Instructions for Filing an Objection to Individual Relief
Objection to Determination of Individual Relief
APPENDIX C
INSTRUCTIONS FOR FILING AN OBJECTION TO INDIVIDUAL RELIEF
If you wish to object in any respect to the preliminary determinations regarding the relief
to which you are entitled under the Consent Decree, you must do so in the manner
described below. Making an objection is voluntary, but if you do not object at this
time, you will be prohibited from objecting in the future. If you choose to make an
objection, the Judge will consider your objection before deciding whether to approve the
types and amounts of relief to be provided to you and other individuals under the Consent
Decree.
All objections must be sent by e-mail or by U.S. mail and postmarked by no later
than [insert date] . If your objection is not e-mailed or postmarked by this date,
your objection may not be considered and you may be prohibited from objecting at
a later time.
All objections must be made in writing. Your objection must be made on the attached
form, showing the caption of the case. You must fill out this form completely. You must
include a description of the nature and basis of your objection. If you have retained an
attorney to assist you in this matter, please indicate with your objection the name, address
and phone number of your attorney. You may attach additional pages to the fonn if
necessary.
You must submit your objection either:
a. By U.S. mail to the following address:
Lubbock Police Department Settlement
[Claims Administrator]
[Claims Administrator address]
b. By e-mail to _@ _[Claims Administrator e-mail address].
The Court will hold the Fairness Hearing on Individual Relief on [insert date] at
the United States Courthouse, 1205 Texas Avenue, Room 209, Lubbock, TX 79401. You
may attend this hearing if you wish, but need not attend the hearing to have the Court
consider any written objections you submit.
If you have any questions concerning the procedure for submitting an objection, you may
consult with an attorney of your own choosing and at your own expense, or you may
contact the Claims Administrator via phone at [Claims Administrator phone number] or
via e-mail at @_[Claims Administrator e-mail address].
APPENDIX C
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
UN
Civil Action No.: 5:15-cv-234
CITY OF LUBBOCK, TEXAS,
Defendant.
OBJECTION TO DETERMINATION OF INDIVIDUAL RELIEF
I have received a notice advising me of a preliminary determination regarding my
eligibility for an award of either back pay, consideration for a priority hire position, or both,
made under the Consent Decree entered by the Court in this case on , 2016. 1
object to this preliminary determination for the reasons set out below.
Part I. General Information
Name:
Claimant ID:
Address:
Telephone:
E-mail Address:
5
Attorney's Name (if any):
Attorney's Address:
Attorney's Telephone:
Attorney's E-mail Address:
APPENDIX C
Part H. Objection to the Preliminary Determination
Basis of my objection:
You may use additional pages to explain the basis of your objection if necessary.
YOU MUST ATTACH A COPY OF ANY DOCUMENTS YOU HAVE THAT SUPPORT
YOUR OBJECTIONS.
Are you requesting the opportunity for you (or your attorney if you have one) to state your
objection in person at the Fairness Hearing on Individual Relief?
[ ] Yes [ ] No
[Note: even if you choose not to state your objection in person at the hearing, the Court will still
consider your objection based on the information you provide in this form.]
YOU MUST SEND YOUR OBJECTION(S) TO THE CLAIMS ADMINISTRATOR
AT THE ADDRESS PROVIDED IN THE INSTRUCTIONS.
YOUR OBJECTION MUST BE POSTMARKED OR E-MAILED BY [DATEI.
1 CER'T'IFY under penalty of perjury that the foregoing is true and correct.
Date: .2016
Claimant Signature
Print Name
APPENDIx D
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
NOTICE OF INDIVIDUAL RELIEF AWARD
A court approved this notice. This is not an advertisement from a lmvyer.
On [insert date] , the Court approved a Final Back Pay Awards List and a Final Priority
Hire Claimant List pursuant to the Consent Decree entered by the Court in United States v. City
of Lubbock Texas, Civil Action No. 5:15-cv-234 (N.D. Tex.). You are receiving this Notice
because the Court has found that you are eligible for an individual relief award of back
pay, priority hiring relief with retroactive seniority, or both.
To receive your individual relief award, you must:
(a) Properly and completely fill out the enclosed Acceptance of Individual Relief Award &
Release of Claims form.
(b) If you are receiving a back pay award, you must also indicate on the Acceptance of
Individual Relief Award & Release of Claims form whether wages you receive are
subject to any child support liens.
(c) If you are receiving a back pay award, properly and completely fill out the enclosed tax
withholding forms so that appropriate withholdings for federal income taxes, FICA and
Medicare may be made out of your back pay award. You may be responsible for paying
any additional employee -side state income taxes if you live in a state other than Texas.
(d) Return the completed Acceptance of Individual Relief Award and Release of Claims
form and the completed withholding tax forms to [Claims Administrator] no later than
[insert deadlinel by either:
(i) E -mailing your form to [Claims Administrator e-mail address] on or before [insert
deadline], or
(ii) Mailing your form via U.S. mail so that it is postmarked by [insert deadline] to:
Lubbock Police Department Settlement
[Claims Administrator]
[Claims Administrator address]
If you have any questions, you may consult with an attorney of your choosing and at your own
expense, or you may contact the Claims Administrator via phone at [Claims Administrator phone
number] or via e-mail at @ [Claims Administrator e-mail address.]
APPENDIx D
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
If your contact information changes at any time, please contact [Claims Administrator] at
[Claims Administrator e-mail address] or [Claims Administrator phone number]. Otherwise, we
may be unable to contact you about your individual relief award.
APPENDIX E
UNITED STATES DISTRICT COURT FOR THE
NORTHEN DISTRICT OF TEXAS
LUBBOCK DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
V.
Civil Action No.: 5:15-cv-234
CITY OF LUBBOCK, TEXAS,
Defendant.
ACCEPTANCE OF INDIVIDUAL RELIEF AWARD AND RELEASE OF CLAIMS
I, [insert namel (Claimant ID number: (insert Claimant ID number]),
have received notice of the individual relief award offered to me pursuant to the provisions of the
Consent Decree entered by the Court on [insert datel in the above-named lawsuit.
[Add the following paragraph when receiving back pay relief..
The BACK PAY AWARD I am being offered consists of at least:
linsert amount] dollars ($ ._), less required tax
withholdings
I understand that the back pay award will be reduced to make the appropriate withholdings for
federal income taxes, FICA, Medicare, and any other amounts required to be withheld by law,
such as child support liens. I understand that I will have to pay any additional employee -side
state income taxes that I may owe if I live in a state other than Texas.
I further understand that I must answer the question below regarding child support liens so
that any withholdings required by law for child support liens may be made from the back pay
award.
* I " am " am not subject to a child support lien.
[Add the following paragraph when receiving priority hiring relief.•)
The PRIORITY HIRING RELIEF I am being offered includes retroactive seniority
with a retroactive seniority date of
* Indicates required.
APPENDIX E
If I am seeking appointment as a priority hire under the Consent Decree, I understand that I may
not be offered a position as a probationary police officer even if I am eligible for such relief. I
understand that the City of Lubbock will send me additional information about the selection
process to be appointed as a priority hire with the Lubbock Police Department.
[Always include the following paragraphs:]
In consideration for this award of the relief stated above, I fully and finally release the
City of Lubbock, Texas and all prior and current elected and appointed officials thereof, and
their employees, agents, attorneys, successors, and assigns from all legal and equitable claims
based upon alleged discrimination on the basis of sex and/or national origin with respect to the
appointment of Hispanic and female applicants into the position of probationary police officer in
violation of any federal or state statutes, regulations, or executive orders providing for or giving
rise to claims or rights of action relating to equal employment, including Title VII of the Civil
Rights Act of 1964, 42 U.S.C. § 2000e, el seg., that were, or could have been, the subject of the
above-described lawsuit, of which I am aware, or through the exercise of reasonable diligence
could have been aware. The above-named lawsuit was resolved by entry of the Consent Decree
by the Court on [insert datel
The release of claims contained herein is not conditioned on my receipt of any other
relief under the Consent Decree.
I understand that I must properly and completely fill out this "Acceptance of
Individual Relief and Release of Claims" form and return it to the Claims Administrator
no later than [insert date] in order to receive my award.
I also understand that I must complete and return the enclosed withholding tax forms
so that appropriate withholdings for taxes, FICA, and Medicare may be made from the back pay
award.
I HAVE READ AND UNDERSTAND THIS "ACCEPTANCE OF INDIVIDUAL
RELIEF AND RELEASE OF CLAIMS" FORM. I SIGN THIS FORM OF MY OWN
FREE ACT AND DEED.
* I ACCEPT THE AWARD: [ ] Yes [ ] No
Name:
(first) (middle initial) (last)
* Date Signed
* Indicates required.
* Signature
APPENDix E
Return this form and withholding tax forms no later than [DEADLINE] by:
(a) Mailing it so that it is postmarked by [deadline] to:
Lubbock Police Department Settlement
[Claims Administrator]
[Claims Administrator address]
OR
(b) E -mailing it to _@_ [Claims Administrator e-mail address] on or before [deadline]
* Indicates required.