Wednesday, December 18, 2002

Text of the judge's order

Here is the text of U.S. District Court Judge Susan J. Dlott's order issued Tuesday on the appointment of a monitor to oversee Cincinnati police reforms:

The parties to the Collaborative Agreement and to the Memorandum of Agreement report that they have reached an agreement on the selection of a monitor for both agreements. Specifically, they have unanimously agreed to accept the bid submitted by Saul Green and PSComm. Pursuant to that agreement among all the parties, the Court hereby appoints Saul Green as Monitor for the Collaborative Agreement and the Memorandum of Agreement. The tenure and responsibilities of the Monitor are set forth in the two agreements.

The parties and Mr. Green have agreed to consider the budget submitted by Mr. Green and PSComm dated June 10, 2002, as a "project-based bid.'' On the first day of each quarter, the City will place the pro-rated bid amount in an escrow account established by the Court. Mr. Green will draw the pro-rated bid amount on a monthly or quarterly basis. At the end of each quarter, Mr. Green shall submit to all parties quarterly statements reflecting the actual fees, costs and expenses he incurred during the quarter. Twice annually, the parties and Mr. Green shall reconcile the bid amount against the quarterly statements reflecting the actual fees, cost and expenses billed. The parties to both agreements will be promptly notified on the date each payment is made and the amount of each payment.

If the parties amend the agreements or otherwise agree to seek an increase in the scope of services requested of Mr. Green and the monitoring team, a revised project based budget will be filed with the Court reflecting the modifications and payments will still proceed as described in this order.

Unforeseen circumstances may require changes to the original cost estimate. In addition, changes to the original cost estimate may be required based on the progress of the parties in complying with the two agreements and the amount of technical assistance the parties require from the Monitor. The parties will agree, in a timely fashion, to such reasonable modifications to the original cost estimated when such modifications are needed to carry out the Monitor's responsibilities under the two agreements. Consistent with paragraphs 96 of the Memorandum of Agreement and 94 of the Collaborative Agreement, the Court shall resolve any disputes over modifications to the original cost estimate.

The Monitor shall take reasonable measures to limit expenses. The Monitor shall keep to Federal General Services Administration guidelines providing maximum expenses for meals and lodging. Reasonable expenses will be reimbursed to the extent they are in accordance with the bid dated June 10, 2002 (including any modifications to that bid).

The due date for the first monitor report under paragraphs 102 and 107 of the Collaborative Agreement shall be adjusted on agreement of the parties after they have met with the monitor on that issue.

It is so ordered.

Susan J. Dlott

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