Common use of Timing and Process Clause in Contracts

Timing and Process. The Department of Justice agrees to defer filing a lawsuit against the City while the Parties seek input from the City’s residents, stakeholders and BPD officers regarding necessary reforms and engage in good-faith negotiations to reach a settlement. This Agreement does not otherwise limit or restrict the Department of Justice’s ability to initiate a civil action under Section 14141, the Safe Streets Act, Title VI, or the ADA or to conduct any investigation or bring any criminal charge, or to seek other enforcement action to protect the rights, privileges, or immunities of individuals that are secured or protected by the Constitution or laws of the United States. Nor does this Agreement waive any defenses that the City or the BPD may have to any civil action initiated by the Department of Justice under Section 14141, the Safe Streets Act, Title VI, or the ADA. The Department of Justice acknowledges that the City and BPD are subject to state law and collective bargaining obligations. While negotiations are pending, the Parties will, with community input, identify qualified candidates who will provide objective, cost-effective, and thorough assessments of compliance with the Consent Decree. The Consent Decree will specify the selection and appointment process for the Independent Monitor. Once the Parties reach a mutual settlement that provides for reform that addresses the Department of Justice’s findings, the proposed Consent Decree will be presented to the City Council. Subsequently, the Parties will seek to have the proposed Consent Decree approved by and entered as a court order by the U.S. District Court for the District of Maryland to ensure that the terms of the settlement are implemented fully and faithfully.