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If you believe that you were subjected to unlawful political discrimination in connection with hiring, promotion, overtime or any other aspect of employment with the Cook County Recorder of Deeds ("Recorder") prior to September 14, 2010 but after May 25, 2005, you may submit a completed and notarized Pre-SRO Claim Form and Release (Form 1) to the Recorder Compliance Administrator that must be received by the RCA or postmarked by a U.S. Post Office by April 8, 2011 to be considered for possible money damages. 

 

Signed and notarized claims should be sent to:

Cardelle Spangler

Recorder Compliance Administrator

69 W. Washington St., Suite 840

Chicago, IL  60602

 

Do You Have a Claim?

 

If you have ever applied for a job, had a job, or currently have a job with the Recorder, or are a registered voter and candidate for public office, and you believe that you were a victim of unlawful political discrimination in connection with any employment decision by the Recorder that occurred prior to September 14, 2010, you may be eligible to receive a monetary award under settlement agreement in Shakman, et al. v. Democratic Organization of Cook County, et al. No. 69 C 2145.

 

"Employment decision" includes, but is not limited to, any decision involving hiring, firing, promotion, job assignment, transfer, disciplinary action and overtime.

 

"Unlawful political discrimination" means the making of any employment decision by the Recorder because of any political reason or factor such as an individual's political affiliation, political support or activity, political financial contributions, promises of such political support, activity or financial contributions, or political sponsorship or recommendations.

 

If you believe that you were a victim of unlawful discrimination in connection with any employment decision by the Recorder, you may submit a Pre-SRO Claim Form and Release.

 

Under federal law, certain limitations periods apply to claims that a person was the victim of unlawful political discrimination.  These limitation periods can be extended under certain circumstances.  If you either submit a Pre-SRO Claim Form and Release to the Recorder Compliance Administrator or file a federal lawsuit based on events that occurred before May 25, 2005, you must show one of the following to justify extending the limitations period:

 

1.  Facts showing why you could not have discovered your claim before May 25, 2005;

 

2.  Facts that would support a claim for fraudulent concealment; or

 

3.  Facts that would support a claim for equitable tolling of the limitations period.

 

SRO Claims based on alleged political discrimination may be subject to a statute of limitations.  To facilitate negotiations, the parties agreed that the running of any statutory time limitation periods were stayed and tolled as of May 25, 2007.  The tolling applies to all legal or equitable time-based defenses and doctrines for violations of federal and state law, and court orders entered in this case based on claims of political discrimination in connection with any term or aspect of governmental employment with the Recorder or defenses thereto.  The tolling will be lifted at Final Approval but will not affect any claims which may have expired between the date of Final Approval and the date of Opt-Out Form.  Class members who elect to pursue a remedy outside of the SRO should act quickly to protect whatever rights they may have.

 

If you have already released any claim(s) against the Cook County Recorder of Deeds for alleged violations that occurred prior to September 14, 2010, through either litigation or settlement, then you are not eligible for relief through this process for any released claim.

 

If your claim involves alleged unlawful political discrimination that took place after September 14, 2010, do not use this Claim Form.  Please consult the Post-SRO Claim Complaint Procedures and Section V of the SRO for further information about your rights under the SRO for violations occurring after final approval of the SRO.

 

Relief under the Claim Process is limited to monetary awards.  No injunctive relief, such as reinstatement or promotion, is available through the Claim Process.  Such injunctive relief may be available through a legal action filed in a court of law.  If you would like to pursue injunctive relief, you must submit an Opt-Out Form to the Recorder's Compliance Administrator before April 8, 2011.

 

Instructions for Completing the Claim Form

 

If you would like to submit a claim and be considered for a monetary award, you must complete AND notarize the Pre-SRO Claim Form and Release (Form 1).  The Recorder's Compliance Administrator will deny your claim if you do not submit and notarize this form.

 

You should include in the Pre-SRO Claim Form and Release as much detail as possible showing the evidence supporting your claim that you were subject to unlawful political discrimination in connection with any aspect of employment with the Recorder.

 

If you submit Pre-SRO Claim Form and Release, you must attach any supporting documentation in your possession.  This includes documentation supporting any damages claim.  If you do not have any documents in your possession, your Pre-SRO Claim will still be evaluated on its merits.  The Recorder Compliance Administrator may request additional documents or details regarding your claims if necessary.

 

You may only submit one Pre-SRO Claim Form and Release, but you may allege facts supporting more than one claim on your Pre-SRO Claim Form and Release.  The Recorder Compliance Administrator will evaluate all of the claims included in the SRO Claim Form.

 

This document should not be construed as legal advice.  The Recorder Compliance Administrator is not able to provide legal advice about whether you should remain a member of the class or about whether you have an SRO Claim.  If you are considering submitting a Pre-SRO Claim Form, you may consult with a lawyer of your choosing at your own expense.

 

Class Counsel in the Shakman Case (that is, the lawyers who represent the named plaintiffs and classes of plaintiffs in this case) are not able to provide you with legal advice about claims if you wish to file a claim.  If you wish to file a Claim, you may consult with a lawyer of your choice, at your own expense, about whether to file a Claim or whether to "Opt-Out" of the settlement procedures described in this document and, by doing so, retain your right to file a lawsuit or pursue whatever rights you may have.

 

Class Counsel recommend that you send your completed Pre-SRO Claim Form and Release to the Recorder Compliance Administrator via certified mail, return receipt requested, and keep a copy of the Form and a copy of any documents you send with this Form.

 

Claim Review Process

  

The Recorder Compliance Administrator and her staff will review timely Pre-SRO Claim Forms and Releases to determine whether you are entitled to a damage award.  As part of the review, the Recorder Compliance Administrator may request additional information from you to help identify valid claims and eliminate those that are invalid.  During the claims review process, you must provide any information and documents reasonably requested by the Recorder Compliance Administrator.

  

Within 90 days of April 8, 2011, the Claim Deadline (the "Claim Review Period"), the Recorder Compliance Administrator, in her sole discretion and after consideration of all of the evidence, will determine whether you are eligible for recovery and, if so, will assign a monetary award to you based on the relevant information presented to the Recorder Compliance Administrator.  You should provide all evidence, information, and documents known to you in as much detail as possible in your SRO Claim Forms to assist the Recorder Compliance Administrator in assessing claims.

  

If the Recorder Compliance Administrator needs additional time beyond 90 days to evaluate the merits of a claim, the Recorder Compliance Administrator will inform you of the need for additional time and the date by which the review will be completed.

  

The Recorder Compliance Administrator will notify you of the decision with respect to your claim by sending a Notice of Determination to you by 90 days following the Claim Deadline.  The Notice of Determination will inform you whether you are entitled to a damage award and, if so, the amount of the award.

  

The Recorder Compliance Administrator's decision is final and not subject to appeal.

  

Within 30 days following the Recorder Compliance Administrator's determination of all claims, the Recorder Compliance Administrator shall provide the State's Attorney's Office-Civil Actions Bureau with a list of claimants eligible for an award, each claimant's last known mailing address, social security number, and the amount of each award.

  

Upon receipt of the Recorder Compliance Administrator's list of claimants and awards, Cook County shall process for payment the awards and tender to the RCA for disbursement the checks payable to each Claimant who has received an award in the amount of the award.  The RCA will send those checks to each Claimant who has received an award at her or his last known mailing address.

 

If you submit a Pre-SRO Claim Form and Release, you thereby agree to have your claim for damages resulting from alleged political discrimination in connection with employment with the Recorder decided by the Recorder Compliance Administrator and agree to waive your right to file your own lawsuit and to have your claims decided by a court.

 

Submitting a Pre-SRO complaint Form does not guarantee you any relief.

  

 

Important Dates:

 

September 14, 2010

 

 

Court Hearing for Final Approval of the Supplemental Relief Order for the Cook County Recorder of Deeds

April 8, 2011

 

Opt-Out Deadline (The "Opt-Out Deadline" is the date by which a person who believes she or he has a claim against the Recorder for political discrimination must inform the Court in the Shakman Case in writing that she or he elects to be excluded from the settlement and claims procedure described in this document.)

 

April 8, 2011 Pre-SRO Claim Form and Release Deadline

 

July 7, 2011

 

Recorder Compliance Administrator Sends Notice of Determination to Claimants

 

 

Please read the document for a complete explanation of: the types of claims that can be filed, instructions for completing the Pre-SRO Claim Form and Release, and an overview of the Pre-SRO Claims Process.

 

Please be sure to include as much detail in your Pre-SRO Claim Form and Release as possible and attach any relevant documents that may support your claim.  Please also note that this is not the proper place to file claims of discrimination related to age, gender, nationality, race, religion, sexual-preference, or other non-political bases.

 

If you would like to Opt-Out of the Pre-SRO Claims Process and file a separate lawsuit under a theory of relief other than a violation of the Recorder's Consent Decree, you must do so by filling out the Opt-Out Form.  By filling out this form and submitting it to the Recorder Compliance Administrator, you are then free to file suit to pursue any claim for political discrimination other than one alleging a violation of the Recorder's Consent Decree.  Note that unless a Class Member opts out of the SRO in the manner described above, his or her rights regarding any claim of political discrimination from May 25, 2005 through September 14, 2010 shall be governed solely by the Pre-SRO Claims Procedures described above and in the forms on this website.

 

Need Assistance?

 

If you need assistance in preparing your claim, you may either:

 

1. Call the RCA at (312) 603-8821 with any questions;

 

2. Retain your own counsel; or

 

3. Contact the University of Chicago Law School where volunteers are available to assist you on a pro bono basis.  Their resources are limited, however, so they may not be able to help everyone who contacts them.

 

Please contact:

 

Randall Schmidt

University of Chicago

Mandel Legal Clinic

6020 University Avenue

Chicago, Illinois 60637

(773) 702-9611

 

 

Submitting an SRO Claim Form does not guarantee a monetary award. 

 

 


Disclaimer: The content of this website should not be construed as legal advice.
The Compliance Administrator is not able to provide legal advice about whether an individual should remain a member of the class or about whether an individual has a claim.
Any individual considering submitting a claim may consult with a lawyer of her or his choice.
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