01-29-85 Parks Comm Minutes3:00 P. M. January 29, 1985
PARKS RECREATION & AIRPORT COMMITTEE
The Committee met in the Conference Room at City Hall. In attendance were Chairman
Springer, Committee members Nystul and Manning, Councilman Palmer, Mayor McDowell, City
. Attorney Neier, Attorney Dan Johns: PeeWee Baseball; Lillian Topp: Girls Softball
Association; Duane Morris, American Legion Baseball and Roger Hopkins, DIL.
Capes Litigation
Chairman Springer opened the meeting, stating that because he was unsure of the agenda,
he would ask C. A. Neier to proceed. -
Neier stated that he requested the committee meeting and invited baseball people be-
cause the Human Rights Commission made its ruling recently regarding Lisa Capes vs
The City of Kalispell. All of our exceptions have been overruled by HRC and they
have ordered the City to pay $750 as damages for not allowing Lisa to play PeeWee base-
ball. The Commission has alsoordered the City to cease entering into agreements or
arrangements with the Kalispell PeeWee Baseball Association whereby the association is
allowed to use city fields so long as the association discriminates on the basis of
sex. They ordered us to cease using any of our facilities in a manner which sanctions
unlawful discrimination, and ordered the City to evaluate its programs to root out in-
stances of discrimination and to implement certain policies to end that discrimination.
City Attorney Neier advised that the City has 30 days from receipt of the ruling, which
would be approximately February 18th, in which to appeal. The charging party is en-
titled to apply to district court for attorney fees. He stated that before he can go
any further he must have a committee recommendation for Council to appeal or not appeal.
Neier says that we have made every exception and made every motion to -dismiss -and have
answered every a111egation of the complainant in all stages of this procedure, and
states that procedurally, we are alright. If we do not win the appeal, the spectre of
having to pay damages, attorney fees and etc. is obvious.
Neier introduced guests and gave them an opportunity for input to the committee. Dan
Johns will meet with the PeeWee Board and report on this at the City Council meeting
on February 4.
At this point, the City Attorney closed the meeting as it -would no longer be back-
ground on the case but attorney -client matters.
Chairman Springer suggested that the recommendation be made to Council to call for a
closed session during or following the regular City Council meeting on February 4.
Discussion of the tree ordinance was deferred until the next, as yet unscheduled,
committee meeting.
The meeting adjourned at 4:00 P. M.
MS
•