KANSAS ASSOCIATION OF PRIVATE INVESTIGATORS, et al.,
Plaintiffs
v
JOSEPH J. MULVIHILL, et al.,
Defendants
Case No.: CV198-203CC
Division No. 1
This matter came before the Court for hearing on May 4, 2001, on (1) a motion by the Plaintiffs for the appointment of a claims administrator, the approval of a form of notice and otherwise for the implementation of the Court's Findings of Fact, Conclusions of Law, Judgment and Injunction entered on October 25, 1999 (the "Judgment"), (2) a motion by Plaintiffs for Contempt of Court, (3) a motion by Defendants for modification of the Judgment, and (4) an application by Plaintiffs for Attorney's Fees. The parties having been heard on the aforesaid motions, the Court having denied at the hearing the Defendants' motion for modification of the Judgment, and Plaintiffs' counsel having withdrawn Plaintiffs' motion for contempt, it is hereby
ORDERED, that Julie Smith, of Jefferson City, Missouri, is hereby appointed as the "Fund Administrator" with respect to the sum of One Million Nine Hundred Twenty Six Thousand Five Hundred Twelve and 44/100 Dollars ($1,926,512.44) that has heretofore been deposited by the Defendants with the Clerk of the Court and with respect to all additional deposits made pursuant to this Order (collectively, the "Claim Fund"), and the Fund Administrator shall have the authority to direct disbursements from the Claim Fund consistent with the Judgment and this Order and any further Order of the Court; and it is
FURTHER ORDERED, that the Claim Fund be paid over by the Clerk of Court to such depository institution as is directed by the Fund Administrator; and it is
FURTHER ORDERED, that the Fund Administrator is authorized to negotiate the terms of deposit of the Claim Fund with the depository institution, subject to Court Approval; and it is
FURTHER ORDERED, that the Fund Administrator shall be entitled to compensation for her services at the rate of Three Hundred Dollars ($300) per month, and shall be entitled to reimbursement for her reasonable expenses (the "Administrator's Fees"), all of which shall be payable from the Claim Fund; and it is
FURTHER ORDERED, that as soon as is practicable under the circumstances, but in any event no later than August 31, 2001, the Defendants shall file with the court, with a copy to the Plaintiff's counsel and the Fund Administrator, a list compiled from the records of the Kansas City Board of Police Commissioners and the Kansas City Missouri Police Department (the "Records"), setting forth the name of each person who at any time on or after September 29, 1988 held a license to provide private security services issued by the Kansas City Board of Police Commissioners (the "Board"), and stating as to each such person to the extent derivable from the Records (1) the last known address of such person, (2) each payment of license fees made by or on behalf of such person on or after September 29, 1988 and the approximate date(s) of such payments, and (3) such person's employer at the time of each such payment (the "List"). Defendants shall certify that the List is true, correct and complete to the best of the Defendants' knowledge; and it is
FURTHER ORDERED, that the Defendants shall provide to any person or entity that requests a refund pursuant to the Judgment (a "Claim") a written claim form in the form attached hereto as Exhibit A (a "Claim Form"). The Claim Form shall be provided immediately in the case of requests made in person, and within five (5) business days after Defendants' receipt of such request made by telephone or mail; and it is
FURTHER ORDERED, that the form of notice attached hereto as Exhibit B and incorporated herein by reference (the "Notice") and a Claim Form shall be included by the Board with each license renewal application provided by the Board or its agents commencing on the date of this Order and continuing until October 1, 2002; and it is
FURTHER ORDERED, that the notice be conspicuously published in the Kansas City Star by the Board no later than June 10, 2001 and thereafter at least once every other calendar month through and including October, 2002. The Board shall have the right to be reimbursed from the Claim Fund for the cost of such publications in the Kansas City Star (the "Publication Costs"); and it is
FURTHER ORDERED, that the Defendants shall make a determination with respect to each Claim within thirty (30) calendar days after receipt of such Claim Form and shall determine a Claimant's entitlement to a refund pursuant to the Claim based upon the Records and/or such reasonable proof as may be provided by such Claimant; and it is
FURTHER ORDERED, that within ten (10) days after June 15, 2001 and within ten (10) days after the first (1st) and fifteenth (15th) days of each calendar month thereafter through and including January 15, 2003 (such first (1st) and fifteenth (15th) days of each calendar month being a "Report Date"), the Defendants shall provide to the Court, with copies to the Fund Administrator and counsel for Plaintiffs (1) a cumulative list (the "Status Report") showing as of the applicable Report Date (a) the name of each person that has submitted a Claim Form, (b) the amount of such Claim, (c) the date such Claim Form was received by the Defendants, and (d) whether such Claim has been approved or rejected or remains pending, and (2) an application (a "Payment Application") for an order directing the Fund Administrator to pay to the Board from the Claim Fund an amount equal to the aggregate amount of Claims approved by the Defendants since the then immediately preceding Report Date. Each Payment Application shall contain a certification that all approved Claims that were the subject of the then immediately preceding Payment Application have been paid by the Defendants; and it is
FURTHER ORDERED, that the Defendants shall pay each approved Claim within seven (7) days after receipt of the funds therefor from the Fund Administrator; and it is
FURTHER ORDERED, that any Claim rejected by the Defendants shall be subject to review by the Court upon request by the Claimant; and it is
FURTHER ORDERED, that the Defendants shall retain copies of all submitted Claim Forms until at least February 28, 2004, and shall make copies of any or all of the same available to Plaintiffs' counsel if requested from time to time; and it is
FURTHER ORDERED, that the Defendants shall remain obligated to make additional deposits into the Claim Fund from time to time in the event that there are insufficient sums in the Claim Fund to pay approved Claims, the Administrator's Fees, the Publication Costs and (as agreed by Defendants or as ordered by the Court from time to time) the attorney's fees of Plaintiffs' counsel; and it is
FURTHER ORDERED, that any Claim not the subject of a Claim Form postmarked on or before October 31, 2002 shall be barred; and it is
FURTHER ORDERED, that any interest earned on the Claim Fund shall be added to and form a part of the Claim Fund; and it is
FURTHER ORDERED, that as is the case with the Judgment, this Order shall be effective against the current members of the Kansas City Board of Police Commissioners and their respective successors in office, in their official capacities as such, and Tamy Gallagher and her successors in employment as Supervisor of the Private Officer Licensing Section of the Kansas City Missouri Police Department, in their official capacity as such, and it is
FURTHER ORDERED, that by agreement of the parties in disposition of the Plaintiffs' Application for Attorneys' Fees, the attorneys fees of the Plaintiffs in the amount of One Hundred Forth-Six Thousand Seven Hundred Ninety and 75/100 Dollars ($146,790.75) shall be paid out of the Claim Fund by the Fund Administrator to the law firm of Polsinelli, Shalton & Welte immediately upon the Fund Administrator's receipt of the Claim Fund, as payment of Plaintiffs' attorneys' fees incurred through May 4, 2001. Such payment shall be made by wire transfer in accordance with instructions provided to the Fund Administrator by Plaintiffs' counsel. Attorney's fees incurred by Plaintiffs subsequent to May 4, 2001 shall be payable out of the Claim Fund upon either written consent of the Defendants or further Order of this Court.
DATED: June 6, 2001.
For more information, contact the Secretary of the Kansas Association of Private Investigators at:
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John W. Ellis, President;
Kansas Association of Private Investigators