SETTLEMENT AGREEMENT
In consideration of the covenants that follow and in the interests of resolving the
issues presented in the pending litigation, the parties intend this agreement to serve as
full settlement of the lawsuit between them, Parents United for the District of
Columbia Public Schools, et al. v. Mayor Marion S. Barry, et al., Civ. No. 92-3478.
1. The Chief Executive Officer of the D.C. Public Schools ("CEO") and the
D.C. Financial Responsibility and Management Assistance Authority ("Authority")
will assure that the D.C. Fire Department inspects schools, in accordance with applicable
regulations, and they will assure timely compliance with the fire code.
2. The D.C. Fire Chief will ensure that those inspections are done thoroughly and
conscientiously.
3.
(a) The "stabilization" and "functionality" repairs required by the
DCPS Long Range Facilities Master Plan ("the Plan") require projected
expenditures of $487 million. In FY 1997, DCPS committed and/or spent approximately $50
million on these repairs.
(b) In FY 1998 DCPS will have available at least $80 million of capital money toward
completion of the "stabliization" and "functionality" repairs required
by the Plan.
(c) In FY 1999 and thereafter, DCPS will use all funds available from the disposal of
excess school property toward completion of the "stabilization" and
"functionality" repairs required by the Plan.
(d) Beginning with FY 1999, the Authority agrees to seek from Congress whatever additional
general fund capital budget authority is required to ensure completion of the
"stabilization" and "functionality" repairs within five years from the
date of this agreement. Beginning with FY 1999 the Authority agrees each year to commit a
minimum of 27.5% of the District's general fund long-term financing authority toward
completion of the "stabilization" and "functionality" repairs required
by the Plan.1 In addition, the Authority agrees to seek from
Congress whatever additional funds are required to ensure completion of those repairs
within five years from the date of this agreement.
An exception to the Authority's 27.5% commitment will be permitted, however, in the event
of an emergency affecting health and safety or other unforeseeable exigent circumstances.
However, even in the case of such an emergency or unforeseeable exigent circumstance, the
Authority will seek from Congress any shortfall from the 27.5% commitment.
4. The Authority will appoint an advisor, who shall be unpaid and acceptable to both
DCPS and Parents United for the District of Columbia Public Schools ("Parents
United"). The advisor may be removed by the Authority for malfeasance, after
consultation with the other parties to this agreement. Any successor to the advisor will
be mutually agreed on by the Authority, Parents United, and DCPS. The advisor will:
(a) Review further modification and implementation of the Plan, and review procedures
for implementing the Plan pursuant to generally accepted safety standards.
(b) Have access to all Fire Department inspection reports.
(c) Receive all written reports regularly prepared by DCPS regarding modifications and
implementation of the Plan.
(d) Meet, as necessary, with the CEO or his designee to discuss the Plan and to receive
all of the information the advisor reasonably believes necessary to review further
modification and implementation of the Plan and fire code compliance. The advisor may make
written findings and related recommendations concerning further modifications of the Plan,
and concerning adoption and implementation of generally accepted safety standards.
(e) Consult with and provide such information as he deems necessary to DCPS, to the
Emergency Transitional Education Board of Trustees, District of Columbia Public Schools
(the "Trustees"), to Parents United and their consultants, and to other
appropriate parties concerning suggested further modification and implementation of the
Plan and fire code compliance.
(f) Bring to the attention of the CEO or the Trustees or the Authority any significant
deviations from the Plan.
(g) Make written findings concerning any significant deviations from the Plan that are not
promptly remedied by the CEO or the Trustees, and make those findings available to Parents
United and the public.
(h) The findings and related recommendations of the advisor pertaining to DCPS and the
Plan shall be accepted and implemented unless, upon recommendation of the CEO, a majority
of the DCPS Board of Trustees rejects them for reasons expressed on the public record. The
findings and recommendations of the advisor pertaining to the Authority: itself shall not
be implemented unless approved by the Authority.
5. To the extent permitted by available dollars from the District's capital budget and
from Congress and other sources -- which all parties will use their best efforts to obtain
-- DCPS will perform work under the Plan with all reasonable efforts to accomplish its
completion within five years from the date of this agreement.
6. This agreement is binding and legally enforceable and shall remain in force and
effect until completion of the "stabilization" and "functionality"
repairs required by the Plan (as it may be modified from time to time before completion).
Any action brought against the Authority to enforce this agreement shall be brought in the
United States District Court for the District of Columbia. The Authority acknowledges that
that Court would have jurisdiction over an action to enforce this agreement against the
Authority. All parties expressly waive, and agree not to assert, any and all defenses
based on doctrines of comity, separation of powers, federalism, jurisdiction, and the
Tenth and Eleventh Amendments to the U.S. Constitution. Parents United may not sue for
violations of Sections 1 or 2 of the Agreement unless the advisor finds that there have
been significant breaches of Sections 1 or 2 of the Agreement, and unless these breaches
are not remedied within 30 days of the issuance of such findings.
7. The parties will enter into a stipulation dismissing the above-mentioned lawsuit,
without prejudice, pursuant to Super. Ct. Civ. R. 41 (a)(1)(ii). A copy of the stipulation
of dismissal is attached hereto and made a part hereof.
8. This agreement shall be binding on the parties' successors. In witness whereof the
parties affix their signatures this 4th day of November 1997.
1. General fund
long-term financing authority does not include financing obtained from federal or other
grants and other dedication revenue financing sources. |
