TO: Mayor and City Council
FROM: Todd Lenzie, Interim Corporate Counsel
SUBJECT:
title
Ordinance Authorizing Approval and Execution of the Class Action Settlement Agreement in Musa et. al. v. City of Joliet, Will County Case 22 LA 334 Consolidated with 22 CH 196
end
BACKGROUND:
This matter concerns a class action complaint in which the Plaintiffs allege that the City of Joliet improperly adjudicated overweight and overlength vehicle violations through its administrative adjudication system rather than through the circuit court process required for certain traffic offenses under state law and the City's own ordinances. The litigation challenges the City's past enforcement practices and raises questions regarding the interaction between Joliet's home rule authority, applicable provisions of the Illinois Vehicle Code, and local ordinances governing reporting and adjudication of traffic offenses.
Following arm's-length settlement negotiations, including pretrial-conference assistance by Judge Lynch, the Parties reached a proposed Class Action Settlement Agreement and Release. The proposed settlement class includes persons against whom the City's administrative adjudication system imposed fines, penalties, other financial sanctions, judgments, or findings of liability for an overlength or overweight violation of a Joliet ordinance on or after January 1, 2017. The agreement states a total settlement value of $2,039,786.79. Of that amount, $1,711,472.73 is to be paid to the Class Settlement Administrator, less any amount paid for class notice and administration, and $328,314.06 consists of cancellation of covered outstanding debt. The remaining cash fund will be used for class notice and administration, pro rata distributions to eligible Class Members who paid covered fines or costs, service awards of up to $5,000 for each Class Representative, and court-approved attorneys' fees of up to 33% of the Net Settlement Fund, plus costs of up to $10,000. The settleme...
Click here for full text