MIDDLE DISTRICT OF FLORIDA
UNITED STATES OF AMERICA,
Civil Action No. 3:0 0-CV 1165-J-25A
AUTHORITY and CITY OF
______________________________CONSENT ORDER INTRODUCTION
The United States initiated this action on October 17, 2000, pursuant to Section 814 of the Fair Housing Act, 42 U.S.C. § 3614. The United States alleges that the defendants have engaged in a pattern and practice of discrimination on the basis of race by constructing public housing solely in predominantly black neighborhoods and by refusing to construct public housing in predominantly white neighborhoods in Duval County, Florida.
Defendant Jacksonville Housing Authority ("JHA") is a public housing authority established by the City of Jacksonville in 1995. Defendant City of Jacksonville ("City" is a municipality of the State of Florida. Between 1970 and 1995, the City Council functioned as the public housing authority for the City, with the day-to-day operations being run first by the City's Department of Housing and Urban Renewal and then by the City's Department of Housing and Urban Development (JHUD).
The United States acknowledges that:
- Since its first Board meeting as an independent authority in January 1995, the JHA has earned thirteen Best Practices awards and a score of 94.5% for management efficiency from the United States Department of Housing and Urban Development (HUD).
- From June, 1993 to the present, the JHA has improved the physical condition of its public housing by renovating 1325 existing public housing units. In addition, in 1999 the JHA completed construction of the Oaks at Durkeeville redevelopment project which includes two hundred (200) new public housing rental units and twenty-eight (28) single family homes. The Oaks at Durkeeville development also includes a senior living center, commercial and retail space, a day care center, and the Emmett Reed Community Center.
- In December 1998, the JHA entered into a Memorandum of Understanding with HUD committing to use $3.5 million for the development of a minimum of sixty (60) new family public housing units.
However, while acknowledging the recent efforts the JHA has made to improve the physical conditions of its public housing units and the general administration and financial health of the JHA, the United States contends that were this case to proceed to trial, it would present evidence as follows:
- In 1988, the City decided to demolish an aging 654-unit public housing development called Blodgett Homes and to build new public housing and site-based Section 8 rental units as replacements. Blodgett Homes was located in a neighborhood with a greater than 95% black population based on the 1990 Census. Among other things, the Blodgett Replacement Plan required approximately 241 units of public housing to be constructed in predominantly white neighborhoods. Since 1988, the Defendants have failed to construct any public housing in predominantly white neighborhoods.
- In 1993, the City preliminarily decided to purchase privately-owned land in a predominantly white neighborhood on the west side of Jacksonville for the construction of sixty (60) units of public housing. In response to public opposition from white neighbors to the proposed development, first the City, and then the JHA, refused to build the west side public housing and sited the units instead in a predominantly black neighborhood.
- In 1994, the City amended its zoning code to require that all lands used for public housing be zoned "Public Buildings and Facilities-1." One of the primary purposes of this ordinance was for the City to retain control of the location of future public housing that might be constructed by the newly created JHA, including the Blodgett replacement units. The United States acknowledges that after the filing of a complaint with HUD, the City repealed the ordinance in 1999.
- During all relevant time periods, approximately ninety (90) percent of the residents of Jacksonville public housing were black and the waiting list for Jacksonville public housing was approximately eighty (80) percent black. The Defendants were aware that the overwhelming majority of Jacksonville public housing residents and applicants were black. The Defendants have taken actions which have resulted in preventing African Americans from moving into publicly owned housing in predominantly white areas of the City.
The United States contends that the foregoing would support a finding by the Court that the Defendants have engaged in a pattern and practice of discrimination on the basis of race in violation of the Fair Housing Act, 42 U.S.C. § 3601 et. seq. The Defendants dispute the United States' contentions and expressly deny that they violated the Fair Housing Act. In particular, Defendants contend that they would present evidence at trial which would establish that there were neutral, valid environmental risk reasons why the west side site for the sixty units of public housing was not purchased. Defendants also would offer evidence to show that great strides have been taken by both the City and JHA to improve the residential conditions and choices of African Americans throughout Duval County since JHA was formed, including, but not limited to, the formation and implementation of the Mayor's Neighborhood Intensive Care program, the revitalization of LaVilla and the Gateway areas of Jacksonville, creative financing opportunities for construction of affordable housing throughout Duval County with funding assistance from the Duval County Housing Finance Authority, educational programs for and recruitment of private landlords to increase opportunities available to Section 8 voucher program recipients, and other comparable measures.
The Defendants and the United States desire to avoid costly and protracted litigation and agree that the claims against the Defendants should be resolved without an evidentiary hearing. Therefore, Defendants and the United States have waived a hearing and the entry of findings of fact and conclusions of law and have agreed to the entry of this Consent Order regarding claims against the Defendants.
IT IS HEREBY AGREED AND ORDERED as follows:
- The following terms when used in this Consent Decree, in addition to the terms defined elsewhere in this Decree, shall have the following meanings:
- "Jacksonville Housing Authority" or "JHA" refers to the Jacksonville Housing Authority and its elected or appointed officials, officers, employees, and agents.
- "City of Jacksonville" or "the City" refers to the City of Jacksonville and its elected or appointed officials, officers, employees, and agents.
- "Defendants" refers to the Jacksonville Housing Authority and the City of Jacksonville.
- "USA" or "United States" refers to the United States Department of Justice.
- "HUD" refers to the United States Department of Housing and Urban Development.
- "HUD Complainants" refers to those individuals who filed Complaints 04-95-0169-8, 04-97-0428-8, 04-97-0420-8, and 04-97-0426-8 with HUD.
- "Effective Date of the Consent Decree" refers to the date the Court gives final approval to and enters this Consent Decree.
- "Public Housing" refers to housing units owned by and fully subsidized through the JHA that are made available to low income individuals and families and are not specifically reserved for elderly persons.
- "JHA or City subsidized dwelling" refers to any dwelling owned by or subsidized through the JHA or the City, including, but not limited to public housing.
- "Northwest Jacksonville" refers to the area bounded by the Trout River to the North, the St. John's River to the East, Coastline Drive continuing into Gilmore Street continuing into I-10/Highway 8 to the South, and Route 295 to the West.
- The parties stipulate and the Court finds that the Court has personal jurisdiction over the JHA and the City of Jacksonville for purposes of this Civil Action, and subject matter jurisdiction over the claims in this Civil Action pursuant to 28 U.S.C. §§ 1331, 1345, and 42 U.S.C. 3614(a).
- The provisions of this Consent Decree apply to the JHA, the City, and their employees, agents and any and all persons or entities acting pursuant to an intended contractual relationship with the JHA or the City.
- The Consent Decree shall remain in effect for a period of seven (7) years from the effective date of the Consent Decree, or until the provisions of paragraph 9 of the Decree have been fully implemented, whichever is later.
- The Court shall retain jurisdiction over this Action for the duration of this Consent Decree for the purpose of enforcing any of its provisions and terms.
- The parties and their attorneys agree to work cooperatively with one another and in good faith and to use their best efforts to seek the Court's approval of this Consent Decree, to resolve informally any differences regarding interpretation of and compliance with this Consent Decree prior to bringing such matters to the Court for resolution, and to effectuate the purposes of this Consent Decree.
- The parties shall have the right to seek from the Court relevant modifications of the Consent Decree to ensure that its purposes are fully satisfied, provided that any request for modification has been preceded by good faith negotiations between the parties. The parties may agree to reasonable modifications of the deadlines established by this Decree without Court approval. The party requesting a modification shall provide the other party with a written statement of the reasons for its request, including the party's inability to comply with deadlines due to acts or omissions by nonparties.
- The Defendants shall not:
- Deny or otherwise make unavailable a JHA or City subsidized dwelling because of race or color;
- Discriminate in the terms, conditions or privileges of the sale or rental of a JHA or City subsidized dwelling, or in the provision of services or facilities in connection therewith, because of race or color;
- Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right protected by the Fair Housing Act; or
- Segregate, confine, or concentrate subsidized dwellings in any particular census tract, neighborhood, or area in Duval County, including, but not limited to Northwest Jacksonville.
- Defendants agree to create 225 new rental units of public housing in Duval County to supplement those already existing in the County. The public housing units created by Defendants pursuant to this Decree shall be located only in census tracts or portions of census tracts as set forth below:
- Census tracts in which public housing may be created:
1.99, 8, 21, 22, 23, 24, 25, 101.01, 101.02, 101.03, 102.01, 102.02, 103.01, 104, 105, 106, 118, 119.02, 120, 122, 123, 124, 126.01, 128, 129, 130, 131, 133, 134.01, 134.02, 135.01, 135.22, 137.21, 137.22, 137.98, 138.99, 140, 141.01, 141.02, 143.11, 143.12, 143.21, 143.22, 143.23, 144.01, 144.02, 145, 146.01, 147, 148, 149.01, 149.02, 150.01, 151, 152, 153, 156, 158.01, 159.21, 159.22, 160, 161, 162, 165, 166.02, 167.11, 167.12, 167.21, 167.22, 167.23, 168.01, 168.02, 168.03, 168.04, 169.98; and
- Census tracts in which public housing may be created only within certain designated portions of the census tract as described in Attachment A to this Consent Decree.
- Census tracts in which public housing may be created:
- Amendments to List of Permissible Locations. The designations of census tracts or portions of census tracts in which public housing may be created pursuant to this Decree may be modified only in the following manner:
Upon publication by the United States Census Bureau of demographic data from the 2000 Census, the United States may provide Defendants with a proposed Census Tract Modification Statement which takes into account demographic changes in census tracts in Duval County occurring between 1990 and 2000. Within forty-five (45) days of receipt of the Statement, Defendants shall notify the United States of any objection(s) they may have to any of the proposed modifications. Following receipt and consideration of the Statement, the United States will provide defendants with a final Census Tract Modification Statement. Upon receipt by Defendants of the final Statement, any of the 225 public housing units required by this Decree that have not yet been designated by site in the Compliance Plan or in reports required by Section IX, shall be created in conformance with the final Statement.
- Creation and Dispersal of New Housing Units.
Defendants may create public housing units to satisfy their obligations under this Decree in one of three ways:
- Defendants may construct public housing units, provided that they do not construct more than sixty (60) units at any one site; or
- Defendants may purchase existing housing units that are not currently subsidized through the JHA or the City and convert them into public housing rental units, provided that:
- not more than 25% of the housing units purchased at any one site or complex are converted into public housing; and
- units at an existing site or complex that are converted to public housing are dispersed throughout the site or complex.
- Defendants may enter into leases with a minimum term of forty (40) years for units at multi-family rental developments constructed after the effective date of this decree provided that:
- Defendants shall not lease more than 25% of the total units at each development, not to exceed 100 actual units per development;
- such units shall be dispersed throughout the development; and
- the entry into such leases complies with all applicable HUD requirements.
- Defendants may seek financial assistance from HUD or other sources in order to help fund development of the 225 public housing units required under this Decree. However, Defendants shall be required to comply with the obligations set forth in this Decree regardless of whether or not HUD or any other source provides monies specifically designated for this purpose.
- In arranging for occupancy of the newly created public housing units, including units to be developed at 7844 Gregory Drive as described in Paragraph 19 below, Defendants shall give priority to tenants who are already residing in JHA public housing at the time the new units become available. Current JHA public housing tenants shall not be required to move from existing public housing to one of the newly created units, but the JHA shall offer them the opportunity to do so if they so choose prior to offering newly created units to persons on the JHA public housing waiting list.
- No later than one hundred twenty (120) days after the effective date of the Consent Decree, Defendants shall provide to the United States for approval a plan for compliance with their obligations under Section IV of this Decree. In the Compliance Plan, Defendants shall specifically describe the steps they will take to create one-half (1/2) of the total number of public housing rental units required by this Decree, including a projected timetable for creation of the units. The timetable may be modified by the parties to this Consent Decree for good cause and upon written agreement. The timetable shall incorporate the following goals:
- By 24 months after the effective date of this Decree, Defendants shall have created and have ready for occupancy one-third (1/3) of the public housing units they are required to create pursuant to the Decree;
- By 48 months after the effective date of this Decree, Defendants shall have created and have ready for occupancy a total of two-thirds (2/3) of the public housing units they are required to create pursuant to the Decree; and
- By 72 months after the effective date of this Decree, Defendants shall have created and have ready for occupancy all of the required 225 public housing units they are required to create pursuant to the Decree.
- The Compliance Plan shall identify specific sites for no fewer than one half (1/2) of the 225 public housing units Defendants are creating pursuant to this Decree. For these sites, Defendants shall state in the Compliance Plan the following information:
- the census tract number;
- the street address of each proposed site;
- whether the site is privately or publicly owned, and if publicly owned, the identity of the owner;
- whether the public housing units shall be newly created units or pre-existing units converted to public housing;
- the total number of units to be constructed, purchased, or leased at each site;
- the approximate number of units to be created as public housing; and
- whether and how the proposed site is accessible by public transportation, as described in paragraph 25 below.
- In the Compliance Plan, Defendants also shall describe with specificity how they plan to finance the creation of the public housing units for which sites are identified in the Plan, the steps that are needed to construct, purchase, or lease the units, and the projected dates when said units shall be ready for occupancy.
- Defendants shall set forth in the Compliance Plan the procedures they will employ to ensure that the newly created public housing units are offered first to individuals and families who are already residing in JHA public housing units at the time the new units are ready for occupancy. They shall describe the manner in which these tenants will be notified of the availability of the new units, what information will be provided to these tenants about the new units, how these tenants are to communicate their interest in the new units to the JHA, and how the new units shall be allocated as they become available among existing public housing tenants who wish to move.
- Inclusion of Units Referenced in Defendants' MOU with HUD. The United States acknowledges that on December 28, 1998, the JHA signed a Memorandum of Understanding (MOU) with HUD, in which the JHA agreed to develop a minimum of 60 family public housing units in an area or areas that are not areas of minority concentration. The MOU is attached to this Decree as Attachment B. Provided that the JHA complies with the MOU and develops the units, that the units are developed within the time frame established by this Decree, and that the location of each of these units is within the census tracts specified above in Paragraph 9, these 60 units shall count toward the total of 225 units Defendants are required to develop under this Decree.
- Inclusion of Units on Gregory Drive. Defendants have recently purchased property located at 7844 Gregory Drive in Jacksonville and have indicated that they intend to convert a portion of the existing rental units to public housing rental units. Defendants may include their proposal to convert these units in the Compliance Plan, and provided that these units are developed within the time frame established by this Decree and in compliance with Paragraph 11b above, these units shall count toward the 225 units Defendants are required to create under this Decree.
- Approval of Compliance Plan by the United States. If the United States does not object to the Defendants' proposed Compliance Plan within forty-five (45) days of receipt of the Plan, the JHA shall immediately begin to implement the Plan. If the United States objects to any provision of the Plan, the parties shall confer and seek to reach agreement regarding the terms of the Plan and Defendants shall resubmit the modified Plan to the United States for final approval.
- Defendants shall establish a Section 8 Mobility Counseling Program which shall be operated by or under the direction of either of the Defendants. The Program shall provide outreach and affirmative marketing, housing counseling services, and financial assistance to current Section 8 voucher holders residing in Northwest Jacksonville. Eligibility for the Program shall be limited to tenants who have maintained a Section 8 voucher for at least one year and who are interested in moving to areas within Duval County that are outside of Northwest Jacksonville.
- Within ninety (90) days of the effective date of this Decree, Defendants shall submit to the United States for approval a proposed Section 8 Mobility Counseling Program Plan. The Plan shall specifically describe the following:
- Which Defendant shall have responsibility for oversight of the Section 8 Mobility Program;
- The name of the entity that will provide the services identified in paragraph 24;
- The number of staff, job titles and job descriptions for the program, including a full-time program director and sufficient outreach, counseling and administrative staff to perform the program activities required by this Decree;
- The location and physical plan for the office space to be utilized by the Program;
- Each outreach, affirmative marketing and housing counseling activity and service to be offered by the Program consistent with Paragraph 24 below;
- A projected annual budget and proposed timetable for development and implementation of the Program; and
- Annual numerical goals for provision of program services.
- For each census tract outside of Northwest Jacksonville, the JHA will indicate by census tract number 1) each tract for which it will adopt a 110% payment standard, and 2) each tract for which it will request designation by HUD as a rent exception area for no less than 110% and no more than 120% of the fair market rent. For those tracts for which the JHA intends to request a rent exception area designation, the JHA will indicate when it will 1) provide HUD with a rental market survey in compliance with HUD regulations, 2) provide a copy of the survey to the United States, and 3) request rent exception area designations from HUD.
- If the United States does not object to the Plan within forty five (45) business days of its submission, Defendants shall immediately begin to implement the Plan. If the United States objects to any provision of the proposed Plan, the parties shall confer and seek to reach agreement regarding the Plan and the Defendants shall resubmit the modified Plan to the United States for final approval.
- Section 8 Mobility Counseling Program Services. The Section 8 Mobility Counseling Program shall include the following components:
- Outreach and affirmative marketing efforts to provide information to current Section 8 voucher holders living in Northwest Jacksonville regarding:
- the services offered by the Section 8 Mobility Counseling Program, and
- the amenities and benefits of different communities and neighborhoods within Duval County that are outside of Northwest Jacksonville, including schools, child care, social services, religious organizations, and employment assistance.
Such efforts shall include, but not be limited to, A) developing and distributing written information, such as a brochure, describing the services offered by the Section 8 Mobility Counseling Program, B) developing and distributing community profiles describing the amenities and services offered by different areas and neighborhoods within Duval County and outside of Northwest Jacksonville, and C) providing program participants--either individually or in groups--with transportation to particular communities in which they may wish to live, as well as guides who will accompany them and assist them in becoming familiar with those communities, including available amenities and services.
- Tenant housing counseling services, including, but not limited to:
- Providing apartment guides that include the addresses and telephone numbers of multi-family and other rental units located within Duval County that are outside of Northwest Jacksonville;
- Providing housing search assistance that facilitates a tenant's ability to locate a suitable rental unit and move, including, A) information about apartment search techniques, anti-discrimination and landlord/tenant laws, and financial assistance offered by the Section 8 Mobility Counseling Program pursuant to Subsection d of this Paragraph and B) transportation to view and apply to rent available rental units.
- Efforts to encourage landlords owning rental property in Duval County and outside of Northwest Jacksonville to participate in the Section 8 program. These efforts shall include production and distribution of written materials that explain the Section 8 program and the Section 8 Mobility Counseling Program to new landlords; local advertisements; presentations to landlords, real estate and owner associations, businesses, and community organizations; and other methods of attracting such landlords.
- Financial assistance for tenants to help pay for security deposits, moving expenses, and other costs necessary for moving to a new rental unit. Within thirty (30) days of approval of the Section 8 Mobility Counseling Program Plan, the Defendants shall establish a fund with a minimum of $60,000 for the purpose of providing said financial assistance. No household participating in the Program shall receive more than $2,500.
- Follow-up services for tenants once they have rented a unit, including, but not limited to, providing information about local amenities and services, and offering counseling and mediation services to help resolve disputes that may arise with a new landlord.
- Fair housing counseling services and appropriate referrals to the Jacksonville Area Legal Aid for tenants who believe they may have encountered discrimination during their apartment search; and
- Utilization of rental payment standards at 110% and area exception rents up to 120% in census tracts outside of Northwest Jacksonville.
- Outreach and affirmative marketing efforts to provide information to current Section 8 voucher holders living in Northwest Jacksonville regarding:
- Defendants shall ensure that all public housing units created pursuant to this Decree are accessible by public transportation. For purposes of this Decree "accessible by public transportation" shall mean there is a bus stop within one-quarter of a mile from the entrance to the complex or development that is serviced by at least one bus route at least four (4) times per day.
- For each new site identified in the Compliance Plan (as described in Section V above,) Defendants shall provide the United States with the following information:
- the location of the closest bus stop;
- which bus route(s) provide(s)service to that stop;
- schedule information for all routes that service that stop, including the days of the week and times the stop is serviced and by which routes.
- For purposes of the Section 8 Mobility Program, Defendants shall also provide to the United States information on the accessibility by public transportation of all privately owned multifamily housing developments with more than 30 rental units within Duval County but outside of Northwest Jacksonville. Defendants shall make good faith efforts to work with the Jacksonville Transportation Authority to ensure that within one (1) year from the effective date of this Decree, no less than 75% of these units are accessible by public transportation.
- The Defendants shall implement a fair housing training program for those elected or appointed officials, officers, and employees listed on Attachment C to this Decree. The primary purpose of this training is to educate those persons with respect to the requirements of this Consent Decree and the federal Fair Housing Act.
- The Defendants, at their own expense, shall enter into a contract within sixty (60) days of the effective date of this Decree with a qualified non-profit fair housing organization that shall develop and conduct a training program. Within twenty (20) days of the effective date of this Decree, Defendants shall submit the name of the organization proposed to design and develop the training program to the United States for approval. If the United States does not object to the proposed organization within ten (10) days of receiving the submission, Defendants shall proceed to arrange for design and development of a training program by the organization.
- Within ninety (90) days of the effective date of the Consent Decree, a representative of the organization selected to develop the training program shall conduct an in-person training session for persons identified in Attachment C. Each year thereafter, at least one time per calendar year, an in-person training session conducted by a representative of the outside organization shall be repeated for any and all individuals referenced in Attachment C who have not yet attended a training session conducted by a representative of the outside organization. Each person who attends a training session conducted by the outside organization shall sign a form attesting to the fact that he or she completed the training and to the date on which it was completed.
- In interim periods between the training sessions conducted by a representative of the outside organization, the Office of General Counsel shall conduct training sessions based on the design and materials developed by the outside organization. Such trainings shall be conducted for persons referenced in Attachment C who have not yet attended a training session conducted by either the outside organization or the Office of General Counsel. Defendants shall distribute to these persons written materials prepared by the outside organization. Prior to conducting the first session, the Office of General Counsel shall provide the United States with an outline of the training sessions it will conduct. Defendants shall cause each person newly hired or assigned to the positions identified in Attachment C to attend a training session within thirty (30) days of each such person's commencement date. Each person who attends a training session conducted by the Office of General Counsel shall sign a form attesting to the fact that he or she completed the training and to the date on which it was completed.
- In addition to those persons referenced in Attachment C, training shall also be conducted for members of the Board of Directors of the Jacksonville Housing Authority. Training for members of the JHA Board of Directors shall be conducted by the Office of General Counsel at the offices of the individual members of the Board, at the offices of the Jacksonville Housing Authority, or at the location where the Board conducts its regular Board meetings . Such training sessions shall take place within ninety (90) days of the effective date of the Consent Decree for current members of the Board, and within thirty (30) days of the commencement date of new members who join the Board during the term of this Decree. Prior to conducting the first training session for any member of the Board, the Office of General Counsel shall provide the United States with an outline of the training sessions it will conduct for the members of the Board. Each time the Office of General Counsel conducts a training session for a member of the Board, the Office of General Counsel shall sign a certification indicating which Board member was trained and the date and location of the training session. In lieu of individual sessions conducted by the Office of General Counsel, Board members may, at their discretion, choose to participate in a training session conducted pursuant to paragraph 30 of this Decree.
- Pursuant to Paragraph 38 of this Decree, all training certification forms referenced in paragraphs 30, 31, and 32 shall be maintained by Defendants for the duration of the Decree and made available upon request for inspection by the United States.
- The Defendants shall prepare quarterly reports that detail all specific actions they have taken to fulfill their obligations under Sections IV, VI, VII, and VIII of this Consent Decree. Defendants shall submit the reports to the United States no later than April 15th, July 15th, October 15th, and January 15th for each preceding quarter throughout the term of the Decree. The first quarterly report shall be due on the first of these four dates that follows the effective date of the Decree.
- In the quarterly reports submitted to the United States, Defendants shall notify the United States of the number of households that have occupied any of the new public housing units, and the prior address of each such household.
- In the quarterly reports submitted to the United States, Defendants shall notify the United States of any affordable non-public housing units that have been newly created in Duval County with funding from the City of Jacksonville or the JHA, or with a subsidy from the Duval County Housing Finance Authority, in the preceding quarter. For purposes of this Decree, "affordable" units shall mean units which households earning less than 80% of the median income can rent without spending more than 30% of their household income on rent. Defendants shall indicate the number and location of all units created, and the number of bedrooms in each unit.
- Within six (6) months after the effective date of the Decree, the parties shall meet to discuss Defendants' progress in complying with the provisions of this Decree. Thereafter, the parties shall hold such meetings on a quarterly basis for the duration of the Decree.
- Throughout the term of this Decree, Defendants shall maintain all records relating to implementation of all provisions of this Decree. The United States shall have the opportunity to inspect and copy any such records after giving reasonable notice to Defendants.
- At the third meeting of the parties pursuant to paragraph 37 of this Decree, or not later than one year after the effective date of this Decree, the Parties shall discuss the Defendants' overall progress in meeting their obligations under the Decree since the date it was entered by the Court. The parties hereby agree that if, at that time, all parties do not concur that Defendants are meeting their obligations under the Decree in a satisfactory and timely manner, Defendants shall consent to the appointment of an Independent Monitor by the Court.
- If a determination is made to request appointment of an Independent Monitor, the parties shall jointly designate an individual to serve as the Monitor. No later than sixty (60) days after the parties' third meeting (pursuant to Paragraph 36 of this Decree), Defendants shall submit to the United States the name and resume of two or more persons it proposes to serve as Independent Monitor. Within 30 days of receiving the names and resumes, the United States shall notify Defendants if it has any objection to the proposed individual(s). The United States may, at its discretion and expense, interview the persons proposed by Defendants.
- The parties shall make a good faith effort to identify a mutually acceptable individual to serve as Independent Monitor and to resolve any disputes regarding appointment of a monitor before bringing the matter to the Court for resolution. Once an individual has been selected, the parties shall submit the individual's name to the Court and request the Court's approval.
- The Independent Monitor shall report to the United States and the Court. The Monitor shall be responsible for monitoring Defendants' compliance with all aspects of the Consent Decree for the remainder of the Decree's duration, in particular Sections IV and VI. The Monitor shall attend quarterly meetings and assume responsibility for preparing, with cooperation from the defendants, the quarterly reports to the United States, which shall also be submitted to the Court. The salary, fees, and expenses incurred by the Independent Monitor shall be borne by the Defendants.
- The Defendants shall pay a total of $380,750.00 to the HUD Complainants as monetary relief. Within thirty (30) days of the effective date of the Decree, Defendants shall deliver to the United States a separate check made payable to each HUD Complainant for his or her respective share of the monetary relief as agreed upon by the parties. Each HUD Complainant shall receive his or her check only after the HUD Complainant has signed a Release of Claims regarding the JHA and the City. An example of such a release is attached to this Decree as Attachment D.
THE PARTIES CONSENT TO THE ENTRY OF THIS CONSENT DECREE AS INDICATED BY THE SIGNATURES OF COUNSEL BELOW:
FOR PLAINTIFF UNITED STATES:
BILL LANN LEE
Assistant Attorney General
DIANE L. HOUK
CATHERINE A. BENDOR
Housing and Civil Enforcement Section
Civil Rights Division
Department of Justice
P.O. Box 65998
Washington, D.C. 20035
Telephone: (202) 514-4305
Facsimile: (202) 514-1116
DONNA A. BUVELLA
United States Attorney
RALPH J. LEE
Assistant United States Attorney
Id. No. USA004
P.O. Box 600
Jacksonville, FL 32201
Telephone: (904) 232-3509
Facsimile: (904) 232-2620
FOR DEFENDANT CITY OF JACKSONVILLE:
City of Jacksonville
JOHN A. DELANEY
LINNIE C. WILLIAMS
FOR DEFENDANT JACKSONVILLE HOUSING AUTHORITY:
JACKSONVILLE HOUSING AUTHORITY
RONNIE A. FERGUSON
In compliance with the Ordinance Code of the City of Jacksonville, I do certify that there will be an unexpended, unencumbered and unimpounded balance in the appropriation sufficient to cover the foregoing contract and provision has been made for the payment of the monies provided therein to be paid.
Director of Administration and Finance
Office of General Counsel
ORDERED this _______ day of _______________, 2000.
United States District Court Judge > >