Opinion
Case No. C-1-99-3170
October 10, 2002
ORDER
On April 12, 2002, the plaintiffs, the City of Cincinnati, and the Fraternal Order of Police entered into an agreement to resolve the issues raised by the proposed amended complaint in the case of Tychimba v. City of Cincinnati, No. 1-99-317 (the "Collaborative Agreement" or "CA"). That same day, the United States Department of Justice and the City of Cincinnati signed an agreement addressing various policing issues involving the Cincinnati Police Department (the "Memorandum of Agreement" or "MOA"). Both the Collaborative Agreement and the Memorandum of Agreement call for the plaintiffs, the City of Cincinnati, the Fraternal Order of Police, and the United States Department of Justice (collectively, "the parties") to agree on a monitor for those agreements within 150 days of the execution of the Memorandum of Agreement. (CA ¶ 91; MOA ¶ 92.) If the parties fail to agree on a monitor within the allotted time, the agreements require them each to submit to the Court "two names of persons with law enforcement experience, along with resumes or curriculum vitae and cost proposals." (CA ¶ 92; MOA ¶ 93.) The Court is then authorized to appoint the Monitor from among the names of qualified persons submitted. ( Id.)
After discussions with the parties, the Court determined that they would be unable to agree on a monitor before the deadline specified in the agreement and twice continued by the Court. ( See does. #93, 94.) Consequently, the Court asked each party to submit the names and application materials of those individuals best qualified for the position. The Court has carefully considered the materials submitted by the parties and hereby ORDERS that Alan Kalmanoff, Ph.D. of the Institute for Law and Policy Planning be appointed the Monitor of the Collaborative Agreement and the Memorandum of Agreement.
This Order shall be effective nunc pro tunc as of October 10, 2002.