House Concurrent Resolution 28

(As Adopted by House)

A CONCURRENT RESOLUTION, PURSUANT TO THE REQUEST OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI, ENDORSING THE SETTLEMENT PROPOSAL OF APRIL 23, 2001, IN THE CASE OF AYERS V. MUSGROVE.

WHEREAS, on April 23, 2001, a proposed settlement agreement among the parties in the case of Ayers v. Musgrove (Civil Action No. 4:75CV9-B-D, in the United States District Court for the Northern District of Mississippi) was submitted to the district court for approval in all respects by the court, as required by Rule 23(e) of the Federal Rules of Civil Procedure; and

WHEREAS, on January 2, 2002, Senior Judge Neal B. Biggers issued an order in the case stating that the acceptance or rejection of the proposed settlement by the district court will be ruled on upon the court's receipt of a concurrent resolution adopted by the Legislature advising the court on the record that the Legislature endorses and agrees to fund the proposed settlement according to its terms and wants the court to accept the agreement or, alternatively, that the Legislature prefers the continuation of the court-ordered remedial plan in the case; and

WHEREAS, in prior legislative sessions, the Legislature has demonstrated its ongoing commitment to resolving the Ayers case by the passage of appropriations and bond bills with considerable funding provisions relating to the case; and

WHEREAS, the Legislature deems it to be in the best interests of higher education in the State of Mississippi and of the entire citizenry of the state that a full, complete and final settlement to the Ayers case be accomplished as expeditiously as possible:

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That we do hereby endorse the proposed settlement agreement of April 23, 2001, by the parties to the case in Ayers v. Musgrove (Civil Action No. 4:75CV9-B-D, in the United States District Court for the Northern District of Mississippi) and agree to fund the settlement according to its terms.

BE IT FURTHER RESOLVED, That the Legislature hereby expresses on the record that it is desirous of the district court accepting the proposed settlement agreement.

BE IT FURTHER RESOLVED, That we do hereby declare that if the district court does not enter an order approving the settlement or does not enter the final judgment contemplated by the agreement, or if the court enters the judgment and the judgment is reversed or modified so as to change any of the material terms of the agreement on appeal, then the Legislature's endorsement of the proposed settlement and agreement to fund it, as expressed in this concurrent resolution, shall be rescinded.

BE IT FURTHER RESOLVED, That copies of this resolution be furnished to the United States District Court for the Northern District of Mississippi and the Capitol Press Corps.