CITY COMMISSION AGENDA ITEM

Department:	City Attorney’s Office		Commission Meeting Date:  April 2, 2019
Staff Contact:	Toni R. Wheeler, City Attorney
Recommendations/Options/Action Requested:
Approve the Memorandum of Settlement Agreement resolving the lawsuit, City of Lawrence, Kansas v. Lyndon Mullis and Kathi Mullis and KanMar Management, LLC, Case No. 2016-cv-000443.
Executive Summary:		On November 8, 2016, Plaintiffs City of Lawrence and the Lawrence Human Relations Commission filed a petition in district court alleging that the Defendants, Lyndon Mullis, Kathi Mullis, and KanMar Management, violated Chapter 10 of the Lawrence City Code by engaging in unlawful housing practices. The petition also alleged that defendants violated state and federal laws related to fair housing when they refused to rent a townhome to an individual in 2016 because the individual had an emotional support dog that was recommended to the person by the person’s health care provider. In February 2019, the court set a schedule outlining deadlines for the case. Notably, the court ordered that the parties participate in mediation and make a good faith attempt to settle the case by March 21, 2019.  In the event mediation was unsuccessful, the court set a trial date for August 21-22, 2019. On March 21, 2019, the parties met for mediation in Ottawa, Kansas, at the law offices of the mediator, retired District Judge Thomas Sachse of Franklin County. The court designated Mr. Sachse as a neutral mediator for the case. After several hours of mediation the parties agreed to the terms outlined in the Memorandum of Settlement Agreement, which is subject to the City Commission’s approval. The Agreement contains the following terms: Training The defendants agree to organize and pay for a training seminar to be hosted for the Lawrence community this year that will provide substantive information to landlords, tenants, and the community as a whole on fair housing under federal, state, and local laws. The training will be provided by one of the defendants’ attorneys, Scott P. Moore, who has a significant amount of experience with fair housing laws since his time as Deputy Chief of the Employment Litigation Section of the Civil Rights Division in Washington, D.C. Mr. Moore provides such training to housing providers across the country, and we believe the agreed upon full-day training will greatly benefit our community. The City will be able to review Mr. Moore’s training materials ahead of time to ensure they are substantive and useful. The defendants are required to attend the training in its entirety. The City’s role in the training will be to provide a venue, which can easily be accomplished at no cost to the City at one of its own properties, and to advertise the event. We estimate that such training is worth approximately $5,000 due to its breadth and length, and because of Mr. Moore’s expertise in the area of fair housing. Donation to Independence, Inc. The defendants agree to make a $1,000 donation to Independence, Inc. Independence, Inc. is a local resource that works with people with disabilities and provides support, advocacy, and transportation for those individuals. Independence, Inc. also provides community education and training. We selected Independence Inc. as the recipient of such a donation because a disability was central to this housing discrimination case, and Independence Inc. provides an important service to persons living with disabilities in our community. Miscellaneous Provisions The defendants agree to follow all laws pertaining to fair housing from this point forward and to amend their current lease agreement. The defendants also agree to indicate on all advertising they make to tenants, including on their website, that they are an equal opportunity housing provider. Both parties agree to pay their own attorneys’ fees and to split the cost of the mediator’s fees from the March 21 mediation. This is standard language and is often used in other settlement agreements. Additionally, the parties agree that if either party wishes to make a press release related to this case, the other party must have an opportunity to provide input so that it is a joint press release rather than unilateral. Nothing requires either party to issue such a release, though. The parties are free to answer questions from the media so long as such comments are consistent with the spirit of the settlement agreement. In consideration of the promises to fulfill the obligations set out in the Agreement, and without acknowledging liability, the parties agree to file a joint stipulation dismissing the case.  Staff believes that the terms of the Settlement Agreement satisfy the City’s interest in addressing this housing discrimination claim, and concludes the litigation with tangible benefits for the Lawrence community.
Strategic Plan Critical Success Factor		Effective Governance/Professional Administration Safe, Healthy, and Welcoming Neighborhoods Sound Fiscal Stewardship Collaborative Solutions
Fiscal Impact (Amount/Source):		The City paid its share of the mediator’s fee in the amount of $1,098.  To date, the City paid $43,488 in attorneys fees.
Attachments:		Memorandum of Settlement Agreement

Reviewed By: (for CMO use only)

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