f ) se 2:05-cv-72913-GCS-MKM Document 21 Filed 09/28/2006 Page 1 of 2~

. ease irOS s' 79s g3 5'e~-f\l'kbj) D I Ijllt 0 P'

J-- •, dU4.. 56 i age 1 of re

CLOSED

ORIGINAL

IN THH UNIT~D STATES DISTRICT COURT. FOR THE EASTERN DISTRICT O'F MrCHIGAN

SOUTHERN DIVISION' . .
)

r~:L,,','

: ..~ 1" ••:1

U,S. L:.~·. : .. ', :'~ C~L.~01··{r

. EASTE;·..: ~ ;...GHIGAN

UNITED STATES OF AMERICA,

)

)

PLAINTIFF,

)

)

v.

) CIV'ILAcrroNNo.05-72913

)

CITY OF PONTlAC, MICHIGAN,

) JUDGE G.EORGE QARAM STEEH

)

DEFENDANT,

)

)

AND

)'

)

LoCAL #376 FIRE FIGHTERS UNION,

)

INTERNATIONAl. A,SSOClATION

)

OF FIRE FIGHTERS,

)

)

FRCP 19(A) DEFENDANT. )

~--------~-------------)

CONSENT DECREE This action was brought by the United States against the City of Pontiac, Michigan
vn ("Pontiac") to enforce the provisions ofTitle ofthe Civil Rights Act of 1964~ 42 U.S.C.
§ 2000e ~ ~'j as amended. This Court has jurisdiction ofthe action under 42 U.S.c. § 2pOOe6,28 U.S.C. § 13.43(a)(3) and 28 U.s.C. § 1345.
In its Complaint, the U. nited States.alleges that Pontiac has engaged.in a pattern or

CONSENT DECREE

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practice of discrimination on the basis ofrace a.nd,gender, in violation ofSectio.n 703(a) ofTitle

Vll, 42 U.S.C. § 2000e-2(a). by creating and maintai,ning dual systems for ~ing and promotion

within its Fire Depannent. requiring that one out ofevery three hires or promotions from any eligib~lity list be given to a "minority" candidate, which pontiac has defined to include women.

Since 1984. the coilective bargaining agreements ("CBAs")-eiltered into and maintained by

Pontiac and Local #376, International Association of Fire Fighters (the ~'Union") have contained

provisions requiring such dual hirin~ and prom~tjonal systems. The United States has named the

Union as a defendant pursuantto Fed- R. Civ. P. 19(a).

The CBA in force at the time the United States filed the Complaint ~nitiating this action

cotltainoo the following provisions:

in Dual lists will be established with one list being all candidates

total score order and the second list a special list ofthe minorities,

including women, in total score order. Hiring will be made from

the first list in order ex<;ept that at least one'(l) minority must be

hired of every three (3) hires. In order to achieve this, the second

list will be 'used ifthere is nOl at least one (1) minority for every ,

three (3) hires from the first list. This dual list procedure will be in

effect through the duration of the contract.

'

****
Dual lists will be established with one being in score order for all the candidates and the second list being the minorities, including women, in score order. Promotions are to be made from the first list except that at least one (1) minority will be promoted out of every three (3) promotionals [sic]. The second list will be used to accomplish this ifthe first list does not result in at least one (1)
minority promoted out of every three (3) promotions. The dual list

CONSENT DECREE

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of Case 2:05~cv-72913-GCS-MKM Document 8 Filed 07/12/2006 Page 3 20 '

will be in effect though the duration ofthe contra~t. Pontiac has complied with these and earlier CBA provisions requiring dual hiring and promotional systems, with ~e result that Pontiac has: 1) exclUded qualified applicants from ~mployment in the entry-level firefighter position within the Pontiac Fire Department based on their race and gender; and 2) excluded qualified candidates from promotion into positions covered by the dual promotional system based ~:m their race, and gender.
The United States alleges that by these employment actions Pontiac has violated Title, VII. Pontiac denies that it has violated Title VIT. Nevertheless, the United States and Pontiac~ desiring that this iction be settled by an appropriate Decree, and without the burden and risks of protracted litigation. agree to the jurisdiction ofthis Court over the parties and the subject matter ofthis action. Subject to the Court's approval of this Decree, the parties to the Decree waive bearings and findings offact and conclu~ions of law, and furthet a.gree to the entry of this Decr~ as final and binding between themselves as to all js!).ues raised in the United States~ Complaint in
this case.
to, In resolution ofthis action, the United States and Pontiac hereby AGREE and the
Cowt expressly APPROVES, 'ENTERS and ORDERS, the following: I. DEFINlTlONS AND PARTIES' 1. The parties to this Decree are the United States, by the United States Department of Justice, and the City of Pontiac, Michigan.

CONSENT DECREE

3

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2.' "Backpay" refers to a Illonetary award that represents some or all of the wages that a

claimant would have earned ifthe claimant had been, or had been earlier, hired or promoted.

3. "Claimant" refers to an individual who satisfies the requirements for eligibility for remedial hiring reliefpursuant to P~agrnph 14 ofthis Decroo, or the ~equirements for eligibility

for remedial promotion reliefpuisuant to Paragraph ~ oftms Decree. 4. '~Datc of entry" ofthe Decree refers to the date on which the Court orders entry ofthe

Decree.

5. "Day" or "days" refers to calendar, not business, days.

6. - "Individual relief" refers to any backpay, offer of employment, pr~motion or retroactive
to seniority that a claimant may receive pursuant 'the tenns ofthis Decree.
7. "Remedia'l hiring relief' refers'to indiVidual relief provided to claimants who~ as a. result

ofthe race- and gender·based hiring requirements ofthe CBA then in effect between Pontiac and

the Union. were not hired by the Pontiac Fire Department or were hired later than they otherwise

would have been.

-

-

8. "Remedial promotional relief' refers to individual teliefprovided to claimants who, as a

result of the race- and gender-based promotional rcqui-:ements orthe CBA then in effec~ between

Pontiac and the Union, were not promoted by the Pontiac 'Fire Department or Wefe promoted

later than they -otherwise would have been,

9. "Retroactive seniority' refers to the seniority credit that a daimant would have had' ifthe

CONSEN'(' DECREE

4

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claimant had been hired or promoted on the date on which the claimant would have b~n hired or promoted b~t for the race~ and gender-based hiring requirements of the, CBA then in effect betw~ Pontiac and the Union. All retroactive seniority awarded pursuant to this Decree is seniority for all purposes ~cept for any time-in-service requirements for eligibility for promotion. ' 1O. "T~tle VIT' refers to Title :VU of the Civil Rights Act of 1964, 42 US.C. § 2000e, et mI'j as amended. '
n.' PURfOSES OF THIS DECREE
11. Tho purposes ofthis Decree are to ensure that: (a) Pontiac does not engage in discrimination on the basis ofrace or gender. in violation ofTitle VII, in relation to hirillg or promotions in its Fire Department; and (b) remedial relief,.including, as appropriate, backpay, ~ offer of employment or promotion,' and retroactive seniority, is provided to individuals who were delayed in or denied hire or promotion in the Pont~ac Fire Department as a result pfto the eBA provisions challenged in this lawsuit
Ill. GENERAL INJUNCTIVE RELIEF 12. Pontiac and its employees, sUperviSOrs, agents and all individuals in active concert or participation with it, are enjoined from:

CONSENT DECREE'

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Case 2:05-cv-72913-GCS-MKM Document 8 Filed 07/12/2006 Page 6 of 20

(a) engaging in or agreeing to any act or practice that discriminates on the bMis ,of
race or gender, in violation ofTitle Vn, in relation to wring or promotions ill the
Pontiac Fire Department; and
(b) 'retaliating against, or in any way adversely affecting the terms and conditions of.
employment of, any person because that person has engaged iI,l practices pr~tected under 42 U.S.C. § 2000e-3(a), including, but nQt limited to, cooperating'with the United. States' investigation ofthe Pontiac Fire Department, participating in the
litigation ofthis case, Of seeking or receiving individual reliefpursuant to this
Decree.
13. Pontiac shall not enforce any provision in the CBA currently in effect between Pontiac and the Union that requires that Pontiac use dual hiring or prolllotionallists based on rdCe or gender. Pontiac represents that it has not enforced any such provision since the expiration ofthe hiring and prQmoliariallists res~lting from the 2002 application and testing processes. Any provision in the CBA between Pontiac and the Union that requires that Pontiac use dual hiring or promotional lists based on race or gendt?r is -null and void. IV. INDIVIDUAL, REMEDIAL RELIEF
A. Claimants Eligible fO,r Remedial Hiring Relief 14. Individuals who are eligible, for remedial hiring re~iefund~r this Decree are those who:
(a) sought employment with tJ:le Pontiac Fire Department and were placed on ,a hiring

GONSENT DECREE

6

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eligibility list between January 1. 2002 and the date of entry of this Decree,

inclusive; and

of (b) as a result the, race- and gender-based hiring requirements of the CBA then in

,

'

'

effect between Pontiac and the Union, were not hired by the Pontiac Fire

Department or were hired lat~r than they otherwise would have been. ,

persons 15. Pontiac has represented that the only

who potentially are eligible for remedial

hiring relief under the tenns of this Decree. as described above, are: (a) Justin Parsons, Was hired by the Pontiac Fire Department lat~r than he otherwise

would have been but is no longer employed in the Fire Department; ','

(b) Michael Dougherty, who was hired by the Pontiac Fire Department later than he

otherwise would have been, and is an incumbent firefighter; and

(c) Michael J,. Lewis, Jr.~ who was not hired by the Pontiac Fire Department.

i
!

16. Within sixty (60) days from the date: of entry ofthis Decree, Pontiac shall mail to Michael

I

a Dougherty check made payable to him, in the amoWlt offuur thousand seven hundred dollars

I

I

($4,700',00), less withholding~ appropriate pursuant to Paragraph 32 ofthis' Decree, representing

I

backpay and prejudgment inte~est.

I

17. Pontiac shalt: 1) offer employment i.n the entry-level firefighter position in its Fire'

I

Departnlent to Mj~hael J. Lewis~ Jr. ("Mr. Lewis") before hiring any other individual into that

[

I

position; or 2) no less than sixty (60) days prior to hiring any individual other than Mr. Lewis

CONSENT DECREE

7

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into the entry-level firefighter position, infonn the United States in writing that ;pontiac has detennined that Mr. Lewis currently is not qualified for that positio~ and provide to the United States a written statement of all reason(s) he currently is unqualified and the information and documents (u, backb'1'O~nd inve~tigation reports, criminal history records, driving records; test scores, etc.) on which Pontiac based its detennination. Upon the United States' request, within thirty (30) days after the date on which the United States receives written notice that Pontiac has detennined that Mr. Lewis is not currently qualified. Pontiac shall make available for interview by the United States all individuals involved in any way in evaluating Mr: Lewis' qualifications. 18. If the United States does not agree with a detenninatiou. that Mr. Lewis is current.ly unqualified for the entry-level firefighter position, the United States may, within sixty (60) days after the date on which it receives notice that Pontiac has made that detennination, request that the Court resolve the dispute regarding Mr. Lewis' qualifications pursuant to Paragraph 35 of this Decree. If the United States makes such a request, Pontiac shall not hire any individual other than Mr. Lewis into the entry~level firefighter position until the Court issues an Order allowing the City to hire th~ individual. The Court shall issue s~ch an Order only if it finds: l} that Mr. Lewis currently is unqualified for the entry-level fireijghter position; or ~) . Pontiac has established that it is necessary in the interest ofpublic safety that Pontiac hire another individual prior to the Court's resolution of the parties' dispute regarding Mr. Lewis; qualifications.

CONSENT DECREE

8

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.
Case

2;05-cv~' 72913-'GCS-MKM

Document 8

Flied 0711'2/2006

Page 9 of 20

19, Ifthe Court issues an Order allowing the City to hire the individual because pontiac has
established ,that it is necessary in the interest ofpubHe safety that Pontiac hire ~other individual prior to the Coures r~lution of the parties' dispute regarding Mr. Lewis' qualifications. and the Court .later 4etemlines'that the City has n~t est~blished that Mr. Lewis is unqualified for the entryrlevel firefighter position, Pontiac shall'hire Mr. Lewis into that position ~thin thirty (30)
days 'after the Coun's detemlination. 20. Immediately upon entry' of this Decree, Pontiac shall c~edit Michael Dougherty with
I
retroactive seniority in the entry level firefighter position beginning on'March 1,2004, provided
in that he is employed the Pontiac Fire Department as ofthe date of entry of thi~ Decree.
21. o.n the date o~ which Mr. Lewis is hired into the en~-level firefighterposjtion by
Pontiac, Pontiac: shall c:redit him with retroactive seniority in that position beginning on May 3"
2004. B. Claiinants Eligible for Remediall;'rornotion Relief
22. Pursuant to this D~cree. those individuals who are eligible for remedial promotion relief
under this Decree are those who: (a) ,applied and were qualified for promotion with the Pontiac Fire Department, as defined by the posted promotional lists, between January 1, 2002 and the date of.
entry ofthis Decree, inclusive; and (b) solely as a result of the race~ and gender-based promotion requirements of the

CONSENT DECREe

9

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CBA between Pontiac and the U~ion, were not promoted andlor were delayed in

receiving a promotion. 23. Pontiac has represented that the oniy persons eligible for remedial promotion relief under

this Dccrc'e are: (a) Matthew Wells, whose promotion to Lieutenant was delayed; and (b) Arthur Frantz, who was not promoted to L.ieut~n'ant f!om the 2~2 ptomoti~nal

list. but whom the City has now promoted.

24. Pontiac has represented that Pontiac already has paid Mr.. Frantz the S1lm ofeighteen thousand seven hundred ninety·six dollars;md twelve cents ($18,796.12), less

withholdings appropriate pursuant to Paragraph 32 of this Decree, representing additional wages [\.fr. Frantz would have earned had he been promoted to the position ofFire Lieutenant ~n

November 10, 2003. 25. Within sixty (60) days 'after the date of entry ofthis Oecree, Pontiac ~1 mail to

Matthew Wells a check made payable to him, in the amount ofsevcn thoJisand,:five hundred

dollars ($7,500.00), Jess withholdings appropriate pursuant to Paragraph 32 ofthis Decree,

representing backpay and prejudgment interest.

!

26. Pontiac shall credit each claimant listed below who is employed in ~he Pontiac Fire

Department as of the date of entry ofthis Decree, with retroactive seniority in the position of

Lieutenant as of the, date corresponding to the claimant's name below:

CONSENT DECREE

10

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(a) MatthewWells~ Lieutenant, November 10,2002; and

(b) Arthur Frantz, Lieutenant, November 1,2003.
v. FAIRNESS HEARING ON CONSENT DECREE

27. Upon provisional approval oftbis Decree, the Courtwill set a date for a, fairness hearing

to consider giving its .Gnat approval and to hear any objections filed by individuals affected by

,

"

this Consent Decree. The fairness hearing shall be held no less than sixty (60) days after

provisional approval 6f this Consent Decree. 28. Within ten (10) days after the date of the Court's provisional approval ofthis Decree~ Pontiac shall provide written notice ofthe Court's provisional approval to all claimants listed in

Paragraph 15 and Paragraph 23, above, and to all incumbent swom employees ofthe, Pontiac Fire
Department. Toe notice shall provide a description ofthe re1ief~o be provided under this Decree;
specify the date, ~e and place for the fairness hearin'g" and, describe the procedure for filing
of objections to the Decree. Notice for purposes this paragraph shall be by regular first class mail
to the individual'slast knowt;!- address. An example of such noti~ is attached hereto as Appendix

A.

VL REI.EASE OF CLAIMS

,

'

,29. Within ten (10) days after the date ofentry of this Decree, the United States sha.ll mail to

,

.

each ofthe individuals listed in Paragraphs 16, 17 and 23, above, a release of claims ("Release")

, in the fonn attached to this Decree as Appendix B, along with a c,oPY ofthls D~e.

CONSENT DECREE

11

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30. Any claimant otherwise entitled to individual relief under this Decree shall" to remain eligible for and obtain such reiief, sign the'Release, have it notarized" and return it to Pontiac. Any claimant who does not sign ~d have"his Release fonn notarized and returned to Pontiac within thirty (30) days after the mailing ofthe Release) absent a showing of good cause, shall be deemed to have waived his entitlement to relief under this Decree. The detennination that a claimant has shown good cause shall be within the sole discretion Of the United States. 31. Within forty-five (45) days after entry ofthis Decree, Pontiac shall' provide to the United States and to the Union a copy of each Release form returned to Pontiac by a claimant. VII. WITHHOLOING AND SOCIAL SECURITY CONTRIBUTIONS 32. Pontiac' shall withhold from each lnonetary award the ~mount requiTed to be withheld by applicable Federal and State income tax laws~ and shall paY,the appropriate employer~s contribution to the Social Security fund. 33. Within ten (10) dayS after Pontiac has made the last ofthc payments required by Paragraphs 16 and 25, above, Pontiac shall, so notifY the Union and the United States in writing, and shall provide to the Union and the United States a list indicating the amount paid to each. claimant pursuant to Paragraphs 16 and 25, as well as the amounts withh~ld from each claImant's monetary award, and the amount paid as the employer's contribution to the Social Security fund for each claimant, pursuant to Paragrapb 32, above.

CONSENT DECREE

12

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VIII. CLAIM AGAINST THE UNION NOT WAlVED

34. This Decree is not and shall not be interpreted as a waiver of any claim Pontiac may have

agaiTlst the Union, including, but not limited to, any Claim for contribution or indemnification.

IX. DISPUTE RI!;SOLUTION

35. The parties shall a.ttempt to reSQlve infonnally any dispute that may a:tjse under this

,

'

Decree. .Ifthe parties are u.nable to resolve the dispute expeditiously, any party may move the

Court for a resolution of the disputed issue.

x. REPORTING~ RECORD RETENTION AND COMPLIANCE MONITORlNG

i

36. To the extent that Pontiac is not already lUlder a legal obligation to m~tain such

i

documents throughout the term of this Decree~ and will not otherwise maintain such'docUments

pursuant to routine personnel.fi1e maintenance policies, Pontiac shall retain all of the following

, re~ords (including those in electronic form) during the tenn ofthis Decree:

(a) 'all applications for entry-lc;:vel fire'fighter positions in the Pontiac Fire Department,

as well as all documents related to the evaluation ofapplIcants and selection of

entryulevel firefighters frorn among appli~ants;
(b) all applications ror promotion in the Pontiac Fire Department, as well 'as all
documents related to the evaluation of candidates and s~lection of candidates to be

promoted; ,

(c) all documents relating to written or verbal complaints made by any applicant for

CONSENT DECREE

13

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employment or employee in the Pontiac Fire Department regarding: (i) discrimination in hiring or promotion on the'basis of race or gend~; or (ii) retaliation for complaining of, or participating in any proceedings involving a complaint of, such dis~riminatian; and (d). all documents relating to the payment or award ofindividual reliefto trily claimant under this Decree.
37. The United States may review compliance with this ~ecree at any time. Upon fifteen
(I 5) days written nOlice to Pontiac, without further ?rder of this Court, the United States shall . have th~ right to inspect and copy any documents that are relevant to monitQ:r Pontiac's compliance with this Decreet including, but not limited to, those retained pursuant to Paragrapb 36, above.

XI, JURISDICTION OF TlIE COURT 38. The Court shall retain jurisdiction over th~s Decree for the purpose ofresolving any disputes Or entering any orders that may be appropriate to implement the reliefprovided in the
Decree. 39. ?1ris Decree shall dissolve and this action shali be dismissed without f~her order of the Court at the end of two (2) years from the date oJentry of this Decree or ninety (90) days after Pontiac has fulfilled an of its obliga.tions under Scction TV. of this Decree, whichever o.ccurs later.

XII. GENERAL PROVISIONS 40. The parties shall hear their oWn costs and attorney's fees in this action. except ~at
the parties shall retain the right to seek costs for any matter which, in the future, may arise under

CONSENi DECREE

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this Decree ~[ld require resolution by the Court. 41. Any documents required to be deJivered under this Decree to the United ~tates shall ~e

sent to the attention ot::

Chief, Employment Litigation Sect~on
U.S, Department ofJustice Civil Rights Division Enlployment Litigation Section-PHS 4040
950 Pennsylvania Ave., NW WashingtOn, D.C. 20530

42. Any documents required to be delivered under this Decree to Pontiac shall be sent to the

attention of:
Eric S', Goldsteint Esquire Bigler, Berry, johnston, Sztyldel & Hunt 1301 West Long Lake Road. Suite 250 Troy, Michigan 48098
43. ~Y documents required to be delivered under this Decree to the Union shall be

sent to the attention oi:

Mark L. Heinen
Gregory, Moore, Jeaklej Heinen & Brooks. p.e.
.65 C~dil1ac Square w Suite 3727
Detroit, Michigan 48226

. CONSENT DBCREE

IS

2:05-cv-72913-GCS-MKM Document 21 Filed 09/28/2006 Pag~ 16 of 20 Case 2:05-cv-72913-GCS-MKM Document 8 Filed 07/12/2006 Page 16 of)O

AGREED AND CONSENTEO TO:

For plaintiff United States ofAmerica:

WANJ.KIM

.

Assistant Attomey General

Civil Rights Division

DAVID J. PALMER .Chief,. E~ln~ent Ljti~ation Section . 1../1 CtJ/>J.' Ii..~"t' .~.{.."
r:JOH:N~MC. GrA"DZAIIC,'I.i. i-~--.
Principal Deputy Chief SHARON A.. SEELEY CARL O. WASSERMAN Attomeys' U.S. Department of Justice
Civil Rights Division Employment Litigation Secti.on-PHB 4040 950 Pennsylvania Ave., NW
Washingtol\ D.C. 20530 (202)" 305-80 15 - telephone
(202) 514-1105 - facsimile

.i//Ac7s?-~2 For defeg.dint ~ifl·of:eantia~, Michigan:

Law Offices ofBiglcr. B~rry, Johnston,

Sztykiel & Hunt. PC

.

.

1301 West Long Lake Road, Sllite 250

TroYt Michigan 48098 (248) 641-1.800 ~ telep1:t~ne

.(248) 641-3845 - facsimile

For Rule 19(9) .defendant Local #376 Flr~
Fighters Union, International Association
of Fire Flghters~ .
j'~"
-INEN.ESQ.
Crtegory,11oore, JeakJe; Heinen & Brooks. PC
65 Cadillac Square - Suite 3727 Detroit. Michigan 48226 (3'13) 964~5600 ~ telephone (313) 964-2125 - facsimile

CONSENT DECREE

16

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Case 2:05-cv-72913~GCS-MKM Document 8 Filed 07/12/2006 Page 17 Of 20

APPENDIX A

NonCE OF SETTLEMENT AND FAIRNESS HEARING UD1ted States v. City of Pontiac Michigan. et al. Civil Aotion-No. 05-72913 {B.D. Mich.)

On [insert datel • the United States and the City of Pontiac, Michigan (the "City") executed

~ settlement of a lawsuit filed by the United States in July 2005 in the United State~ District Court for the

Eastern District of Michigan. In the lawsuit, the United $tates alleged that the City has engaged in

employment pra.ctices that discriminate againSt applicants for e~pl()yment and employees within its Fire

Department base9 on race and sex. Specifically, the United States alleged that the City violated Title VII

of the Civil Rights Act of 1964 ("Title VII") by maintaininl:rdual hiring and promotional systems within

the Fire Department that required that one out of every three hires Qr promotions be given to a'

"minority." The United States named 'Local #376 Fire fighters Union, International Association ofHre

Fighters (the "Union") as a party to the lawsuit to insure that complete rtllief could be granted, but'did not

seck relief from the Union.

.

.The City' denies that its hiring or promotional system unlawfully discriminated against applicants or employees on the basis ofrace or sex. However, in the interest ufresolving this mattel't the parties have voluntarily enlered into a "Consent Decree" settling tI:te lawsuit. The tenns ofsettlement include an . agreement by the City that in the future it will not enforce a dual hiring or promotional system based on race or sex and will not unlawfully discriminate on the basis ofraee and sex in connectioIl with hiring or
promotions. In addition, the City has agreed to provide a total of $ 12,200 in monetary relief to two
white males hanned by the City's use ofthc aual hiring and promotional systems. Frior to the execution of the Consent Decree, the City paid $ 18,796.12 to another white males hanned by the City's use of the dual sy.stc:ms. The City also has agreed to make an offer of employment in the entry-level Firefighter job to one of those individuals, Providr;d that he is found to be currently qualified for thejob. If hired, this . individual would be given remedial seniority, based on the date on which he would have been bired absent the dual hiring SY$tem. In addition, under the settlement, the City has agrcc-d to give remedial seniority in the Firefighter position to another individual, and in the Lieutenant position to two individuals, based on the dates on wl}ich each wQuld have been hired/promoted into the relevant position absent the dual hiring and promotional systems. .

The Consent, Decree was entered by Order of the Court provisionally on linsert date) . The
parties now have requested that the Court hold a "Fairness Hearing" io deterinine whether the terms of the Consent Decree are fair, reasonable, equitable and otherwi$e consistent with federal law.

This fairness hearing will be held on [insert date! , at the federal district courthouse located at Unsert specific addressI . You have tbe right to attend this fairness hearing.

In add.tion, you have the right to file with the Court a written objection to any of the terms of the: Consent Decree that you believe are unfair or unlawful. Copies of the Consent Decree are ava.Hable from the City offices lO¢;lted at [insert sgecific address] . Instructions for filing an objection arc
enclosed with this notice. Milking an objection Is voluntary, but if you do not obJect at thiS tlioe,' . I.'
yuu may be prohibited (rom taking any action agaiu$t t~is Con$ent Decree in the future.

se 2:05-cv-72913-GCS-MKM· Document 21 Filed 09/28/2006 Page 18 of 20
: Case 2:05-cv-72913-GCS-MKM Document 8 Filed 07/12/2006 Page 18 of 20

INSTRUCTIONS FOR FILING AN OBJECJ1QN
PRIOR TO IHE FAIRNESS HEARING

1. Ifyou believe the tenns ofthe Consent Decree are unfair, unreasonable or unlawful, you may

object to its final enb'y by the ,Court. Making an objection l$ voluntary, but if you do not

object at this time, you may be prohibited from taking any action against this Consent

Decree in the future, If you decide to object, you must follow the instructions set out on this

page. If you choose to object, the judge will consider yout objection before deciding whether to

approve the terms of the Consent Decre~.

'

2.

All objections must be postmarked by [insert dAtel • Ifyour, objec:tloD is Dot postmarked

by this date, your objectio'o may not be considered and you may be probibited from

,objecting at a .ater time.

3. All objections must be made in writing. Your objection should be made on the attached fonn,
showing,the caption of the casco You must fill out this page, completely. You must include a description of the basis ofyo!.!r objection. Ifyou have retained an attorney to assist you in this' matter, indicate with 'you.r objection the name, address and phone number of your attorney. You
may attach additional pagcs to the caption page/foun if~ecessary.

4. ' You must submit one copy of your objection to 'each of the foll~wing addresses:

1) Clerk of the United States District Court for the Eastern District of Michigan Theodore Levin United States Courthouse
231 W. Lafayette Blvd., 5th Floor
Detroit, Michigan 48226

2) Pontiac Settlement Team Employment Litigation Section Civil Rights Division ' U.S. Department ofJustice PHB, Room 4024 950 Pt:nnsylvania Avenue, NW' Washington, DC 20530

3) City ofPontiac Eric S. Goldstein, Esquire
Bjgler, Berry. JOMstOD, Sztykiel & Hunt 130'1 West Long Lake Road, Suite 250
Troy, Michigan 48098

S. The court will hold the fairness Hearing on (insert dateJ . You may attend this hearing jf you wish. but need not attend in order to'have the Court considel: any written objections you submit.
6. lfyou ha.ve any que$tions concerning the procedure to submit an objection, you may consult with an attomey of your own choosing and at your own expense, or you may call the Employm~nt Litigation Section of the Civil Rights Division of the O<:partment of Justice at 1-800- nnsert dedicated telenhope numberl . If you do call this number. please leave your name. social
security number, telephone number and a time when you can be reached. Your oall will be returned as soon as possible.

2:05-cv-72913-GCS-MKM Document 21 Filed 09/28/2006 Page 19 of.20 Case 2:05-cv-72913-GCS-MKM Document 8 FlIed 07/12/2006 Page 19 of 20

IN THE UNITED STATES DISTRiCT COURT FOR THE EAsrERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

)

UNITHD STA"fES OF AMERICAj

)

)

PLAINTIFF, '

)

v.

)

)

CITY OF PONTIAC, MIClllOAN,

,)

)

DEFENDANT,

)

)

AND

)

)

loCAL #376 FIRE,FIGHTERS UNION,

)

INTERNATIONAL ASSOCIATION

)

"OF FlR,8 FIGHTERS,

)

)

FRep 19(A) DEFENDANT, )
~~-----------------------)

CMLAcnON No. 05-72913,
JUDGE GEORGE CAAAM STEEH

OBJECTION TO THE ENTRY OF THE CONSENT DECREE

I am objecting to the terms ofsettlentent of this case included in the Consent Decree agreed to by the United States and the City ofPonti~"

,Name:

Address;

Telephone: .Basis orm.y _ objection:,_~ _ _ _ _ _~_~_ _ _~-_ _ _ _~-,-_

Are you requesting the opportunity to state your 'objection ~ person at the Fairness Hearing?
_ _Yes _ _No
YOU MAY USE ADDITIONAL PAGES TO EXPLAIN THE BASIS OF YOUR OBJECTION IF NECESSARY. YOU MUST SEND ONE COpy OF YOUR OBJECTION TO THE CLERK OF THE COURT~ ONE COpy TO THE DEPARTMENT OF JUSTICE, AND ONE COPY TO THE CITY AT THE ADDRESSES PltOVIDED IN THE INSTRUCTIONS.

. _ . - - , - - _ .~-----------

...

2:05-cv-72913-GCS-MKM Document 21 Filed 09/28/2006 Page 20 of 20 Case 2:05~cv·72913·GCS-MKM Document 8 Filed 07/12/200'6' P.age 20 of 20

APPENDIXB.
RELEASE
United States y. City ofPontjac. Michigan,' at al.
Civil Action No. 05·72913 (ED. Mich.)

-STATE OF MICHIGAN COUNTYOF ______~______

For and in consideration oflhe reliefoffered t.o me pursuant to the provisions of the .Consent Decree entered in United States v. City of Pontiac. Miohigan. ct at, Civil Ac~ion No: 05-

72913 (E.D. Mich.). on [insert dat(!l, I.

(insert name)

•hereby release and

forever discharge defendant City ofPontiac, Michigan, and its employees, supervisors and agents

.of and from all legal and ~uitable claims and liability arising out of that action or relating to

to defendant City of Pontiac's use ofthe dual hiring and promotional systems alleged by the United
States .in that action be unlawful.

I understand that the relief! have been offered pursuant to the Consent Decree is a

monetmy award in the amount of $ [insert amount) dollars ($

.-.J, ~nus the

appropriate withholdings for federal and state income taxes' [and/or, as appropriate: "[and], if

it is determined that I currently am qualified for tbe position of entry-level firefighter in t~e City of Pontiac's fire department, an offer of employment in that position, with

-retroactive .seniority;'; or"'land] retroactive senIority").

.

This Release constitutes the entire agre~)1Ient.betW'een defendant-City ofPontiac, Michigan and myself.

I acknowledge that a copy of the Consent Decree has been made available to me, and that I h~ve been given an opportunity to consult ~ith and have- this Release and the Con~ent Decree
reviewed by an attorney ormy own choice and at my own expense.

I HAVE READ THIS RELEASE AND UNDERSTAND ITS CONTENTS, AND I EXECUTE TIllS RELEASE OF MY OWN FREE ACl' AND DEED•.'
Signed this _ ._ day o f _ - -_ _ _--->, 2006.

[insert na1.ne]
Subscribed and Swom to before me this _ _ day of _,_~_ _ _ _ _--" 2006.

NOTARY PUBLIC My commission expires:

 
 IN THE UNITED STATES DISTFUCT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA, Plaintiff,
V.
CITY OF PONTIAC, MICHIGAN,

1
) ) Civil Action No. )

Defendant,
1
and

LOCAL #376 FIRE FIGHTERS UNION, 1
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,

FRCP 19(a) Defendant. )

COMPLAINT Plaintiff, United States of America, alleges: 1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. $ 2000e, et seq. (“Title VIP’). 2. This Court has jurisdiction over this action under 42 U.S.C. $ 2000e-6(b),
25 U.S.C. $ 1343(a)(3)and 25 U.S.C. S 1345. 2. Defendant City of Pontiac is a corporate, governmental body and a political subdivision
of the State of Michigan, established pursuant to the laws of the State of Michigan. The City of Pontiac provides fire and rescue services to its citizens through its agency, the Pontiac Fire
Depmmenr: (‘;’PFD”) .

4. The City of Pontiac is a person within the meaning of 42 U.S.C. 2000e(a), and an
employer within the meaning of 42 U.S.C. tj 2000e(b).
5. Defendant Local #376 Fire Fighters Union, International Association of Fire Fighters
(“Local #376”) is a local chapter of the International Association of Fire Fighters, a union of
professional fire fighters and paramedics. Local #376 is a labor organization within the meaning
of 42 U.S.C. 2000e(d). Local #376 is named as aparty pursuant to Federal Rule of Civil
Procedure 19(a).
6. The City of Pontiac and Local #376 have entered into and maintained collective
bargaining agreements (“CBAs”) regarding various aspects of work and terms and conditions of
employment at the PFD. Since 1984, these CBAs have contained a dual system for both hire and
promotion based upon race and sex.
7. The CBA currently in force requires that hiring in the PFD be subject to the following
race and sex-based criteria:
Dual lists will be established with one list being all candidates in total score order and the second list a special list of the minorities, including women, in total score order. Iliring will be made from the first list in order except that at least one (1) minority must be hired of every t h e e (3) hires. In order to achieve this, the second list will be used if there is not at least one (1) minority for every three (3) hires from the first list. This dual list procedure will be in effect through the duration of the contract.
8. The CBA currently in force requires that various promotions in the PFD be subject to the
following race and sex-based criteria:
Dual lists will be estabhhed with one being in score order for all the candidates and the second list being the minorities, including

women, in score order. Promotions are to be made from the first list except that at least one (1) minority will be promoted out of every three (3) promotion&. The second list will be used to accomplish t h s if the first list does not result in at least one (1) minority promoted out of every three (3) promotions. The dual list will be in effect though the duration of the contract.
9. The City of Pontiac, through the PFD,has pursued and continues to pursue policies
and practices that discriminate against appIicants for employment and employees based on race
and sex in violation of Section 703(a) of Title VII,42 U.S.C. $ 2000e-2(a), by explicitly creating
and maintaining a dual system for hire and promotion requiring that one out of every t h e e hires
or promotions be given to a “minority.” As set forth above, the term “minority” includes women
as used in the CBA.
10. The acts, omissions, policies and practices of the City of Pontiac described in paragraphs 6-9, supra, constitute a pattern or practice of: (a) resistance to the full enjoyment by
non-minorities of their rights to equal employment opportunities in the PFD without discrimination based on race; and (b) resistance to the full enjoyment by men of their rights to
equal employment opportunities in the PFD without discrimination based on sex, in violation of
Section 707 of Title VII, 42 U.S.C. S 2000e-6. This pattern or practice is of such a nature and is intended to deny the fir11 exercise of the rights secured by Title VII of the Civil Rights Act of
1964, as amended. Unless enjoined by order of this Court, the City of Pontiac will continue to
pursue policies and practices that are the same as or similar to those alleged in this Complaint.
I 1. All conditions precedent to the filing of suit have been performed or have occurred.

WHEREFORE, the United States prays that this Court issue an Order enjoining the City of Pontiac, its officers, agents, employees, successors and all persons in active concert or participation with it, and Local #376 as appropriate, from engaging in discriminatory employment policies and practices against applicants for employment and employees in the PFD based on race or sex, and specifically from:
(a) basing hiring opportunities in the PFD on dual lists requiring every third hire to be made to a minority;
(b) basing promotion opportunities in the PFD on dual lists requiring every third promotion to be made to a minority;
(c) failing or refiising to award make whole relief to individuals who have suffered loss as a result of the discriminatory policies and practices alleged in this Complaint; and
(d) failing or refusing to take other appropriate nondiscriminatory measures to overcome the effects of the discriminatory practices.
-1-

Plaintiff United States prays for such additional relief as justice may require, including
equitable relief, together with its costs and disbursements in this action.
BRADLEY J. SCHLOZMAN Acting Assistant Attorney General Civil Rights Division
By:
DAVID J. PALMER I[D.C. BarNo. 4175341
Chief Employment Litigation Swtion Civil Rights Division
JOIRT M. GADZICHOWSKI [Wis. BarNo. 10142941 Principal Deputy Chief SHARON A. SEELEY [Ill. Bar No. 061970911 Senior Trial Attorney
CARL D. WASSERMAN [D.C. Bar No. 4590351
Trial Attorney Civil Rights Division U.S. Department of Justice 950 Pennsylvania Ave., NW PHB, Fourth Floor Washington, D.C. 20530 (202) 514-3531 -phone
(202) 514-1005 - fay
Attorneys for Plaintiff United States

For Purposes of Service: Judith E. Levy [Mich. Bar No. P558821 Asst. U.S. Attorney Eastern District of Michigan 211 W. Fort Street, Suite 2001 Detroit, MI 48226
(313)226-9727 - phone (313)226-3271 - fax
Judith.Lev@?usdoig. ov
-6-

 
 Case: 2:05-cv-72913-GCS-MKM As of: 03/20/2019 11:49 AM EDT 1 of 3
CLOSED,STAYED,reassigned
U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:05−cv−72913−GCS−MKM

United States of America v. Pontiac, City of, et al Assigned to: District Judge George Caram Steeh Referred to: Magistrate Judge Mona K. Majzoub Cause: No cause code entered
Plaintiff

Date Filed: 07/26/2005 Date Terminated: 09/28/2006 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Carl D. Wasserman Department of Justice− Civil Rights (Washington) 601 D. Street NW Washington, DC 20530 202−514−3831 Fax: 202−514−1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. Palmer Department of Justice− Civil Rights (Washington) 601 D. Street NW Washington, DC 20530 202−514−3831 Fax: 202−514−1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John M. Gadzichowski Department of Justice− Civil Rights (Washington) 601 D. Street NW Washington, DC 20530 202−514−3831 Fax: 202−514−1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith E. Levy U.S. Attorney's Office 211 W. Fort Street Suite 2001 Detroit, MI 48226 313−226−9100 Email: judith.levy@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sharon Seeley Department of Justice− Civil Rights (Washington) 601 D. Street NW Washington, DC 20530 202−514−3831 Fax: 202−514−1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:05-cv-72913-GCS-MKM As of: 03/20/2019 11:49 AM EDT 2 of 3

V. Defendant Pontiac, City of
Defendant Firefighters Union, Local 376 International Association of Firefighters Objector Rick Mathias

represented by Eric S. Goldstein City of Livonia Department of Law 33000 Civic Center Drive Livonia, MI 48154 734−466−2520 Fax: 734−466−2072 Email: egoldstein@ci.livonia.mi.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/26/2005 08/01/2005 08/08/2005 10/06/2005 12/13/2005 01/09/2006 01/09/2006
06/05/2006 07/12/2006
07/20/2006 08/08/2006

# Docket Text
1 COMPLAINT filed by United States of America against Pontiac, City of, Firefighters Union, Local 376.(DTyle, ) (Entered: 07/26/2005)
2 ORDER REASSIGNING CASE from Judge John Feikens, and Magistrate Judge Wallace Capel to Judge George Caram Steeh and Magistrate Judge Mona K Majzoub. (SSchoe, ) (Entered: 08/03/2005)
3 ATTORNEY APPEARANCE: Eric S. Goldstein appearing on behalf of Pontiac, City of.(DPer, ) (Entered: 08/09/2005)
4 ANSWER to Complaint with Affirmative Defenses by Pontiac, City of.(Goldstein, Eric) (Entered: 10/06/2005)
5 NOTICE TO APPEAR: Scheduling Conference set for 1/9/2006 10:00 AM before Honorable George Caram Steeh. (MBea, ) (Entered: 12/13/2005)
Minute Entry −Scheduling Conference held on 1/9/2006 before Honorable George Caram Steeh. (MBea, ) (Entered: 01/11/2006)
6 SCHEDULING ORDER: Final Pretrial Conference set for 12/4/2006 02:30 PM; Jury Trial set for 12/11/2006 09:00 AM before Honorable George Caram Steeh. Dispositive Motion Cut−off set for 8/25/2006. Signed by Honorable George Caram Steeh. (Refer to image for additional dates)(MBea, ) (Entered: 01/11/2006)
7 STIPULATION AND ORDER STAYING CASE until 7/5/06, by which date the parties will submit either a consent decree or a revised pretrial scheduling order. Signed by Honorable George Caram Steeh. (MBea, ) (Entered: 06/05/2006)
8 MOTION PLAINTIFF UNITED STATES' MOTION FOR PROVISIONAL ENTRY OF CONSENT DECREE AND UNITED STATES' BRIEF IN SUPPORT OF MOTION FOR PROVISIONAL ENTRY OF CONSENT DECREE by United States of America. (Attachments: # 1 Exhibit A − proposed Consent Decree)(Levy, Judith) (Entered: 07/12/2006)
9 ORDER granting 8 Motion for provisional entry of consent decree and setting a Fairness Hearing for 9/28/06 at 2:00 PM.− Signed by Honorable George Caram Steeh. (MBea, ) (Entered: 07/20/2006)
10 OBJECTION to the Entry of the Consent Decree by Rick Mathias. (BSoc, ) (Entered: 08/08/2006)

Case: 2:05-cv-72913-GCS-MKM As of: 03/20/2019 11:49 AM EDT 3 of 3

08/15/2006 08/15/2006 08/15/2006 08/15/2006 08/15/2006 08/15/2006 08/15/2006 08/15/2006 08/15/2006 09/19/2006
09/28/2006
09/28/2006 10/01/2008

11 OBJECTION by Richard Michael Downs to the Entry of the Consent Decree . (SMar, ) (Entered: 08/16/2006)
12 OBJECTION by Captain John Widdis to the Entry of the Consent Decree . (SMar, ) (Entered: 08/16/2006)
13 OBJECTION by Randall Rex Johnson to the Entry of the Consent Decree . (SMar, ) (Entered: 08/16/2006)
14 OBJECTION by David Robert Desrochers to the Entry of the Consent Decree . (SMar, ) (Entered: 08/16/2006)
15 OBJECTION by Roman Prosser to the Entry of the Consent Decree . (SMar, ) (Entered: 08/16/2006)
16 OBJECTION by Arthur Frantz to the Entry of the Consent Decree . (SMar, ) (Entered: 08/16/2006)
17 OBJECTION by John A Rayner to the Entry of the Consent Decree . (SMar, ) (Entered: 08/16/2006)
18 OBJECTION by George E. Hamzik to the Entry of the Consent Decree . (SMar, ) (Entered: 08/16/2006)
19 OBJECTION by Norman Lee to the Entry of the Consent Decree . (SMar, ) (Entered: 08/16/2006)
20 RESPONSE To Objections And In Support Of Final Entry Of Consent Decree by United States of America. (Attachments: # 1 Index of Exhibits # 2 Exhibit Attachment 1 − 1980 Pontiac Fire Dept. Workforce# 3 Exhibit Attachment 2 − 2000 Pontiac Fire Dept.# 4 Exhibit a − Objection form for Jeffrey Colby)(Levy, Judith) (Entered: 09/19/2006)
Minute Entry −Fairness Hearing held on 9/28/2006 Re: 9 Order on Motion for Provisional Entry of Consent Decree before Honorable George Caram Steeh. (Court Reporter Ron DiBartolomeo) (MBea, ) (Entered: 10/02/2006)
21 CONSENT DECREE Signed by Honorable George Caram Steeh. (BSoc, ) (Entered: 10/02/2006)
22 STIPULATED ORDER dissolving decree and dismissing case with prejudice. Signed by District Judge George Caram Steeh. (MBea) (Entered: 10/01/2008)