Gallup pays out on discrimination complaints

Copyright © 2009
Gallup Independent
By Bill Donovan
Staff writer

GALLUP — It has been five years since Gallup agreed to settle a U.S. Department of Justice lawsuit that accused city officials of discriminating against some people — mostly Native Americans — who had applied for positions within the city back in the 1990s and early 2000s.

But efforts are now almost concluded that will — once and for all — settle the final cases and close the files on the matter with the city paying out $9,000 to six complainants.

It was in November 2004 that Department of Justice officials told the city that they were looking into complaints from Native Americans that the city had unfairly refused to consider them for city positions.

In an effort to avoid a costly lawsuit, city officials at that time agreed to settle any claims and appropriated more than $200,000 to handle the cases.

Dozens of people submitted claims and the Justice Department whittled the number to just over 30 cases. The city made payments and agreed to offer these individuals jobs if they opened up.

Only a handful of people ended up getting jobs with the city. Most, like former County Manager Irvin Harrison, settled for money. Harrison had been rejected for the city’s economic development director and when it opened up again, he was offered it. At that time, however, he had a higher-paying position with the Public Regulatory Commission and turned it down.

City Attorney R. David Pederson said last week that the number of people who were still in line for city jobs had dwindled to just six and the council had agreed to try and get these settled by providing each person $1,500.

A couple of people took the offer immediately and the city began talking to the others.

In a couple of cases, the individuals had better paying positions now than what they had applied for. One was in college and said he could use the settlement money to help pay for his college expenses.

There were a couple of individuals who at first stalled, hoping to get more money, but finally agreed when Pederson explained that the city was not going any higher.

By last week, all but one of the individuals had agreed to settle and Pederson said he was meeting with that individual on Friday with the expectation that he too would agree to a settlement.

On Monday, City Manager Gerald Herrera said that the last person had agreed and the city was in the process of informing Justice Department officials of the situation to get their approval for the final settlements.