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Clark and Jane Moeller, et al.,

No. 3:05-CV-334

Bradford County, et al.,

JudgeJamesM. Munley
Magistrate Judge Thomas M. Blewitt



PlaintiffsClarkMoeller, JaneMoeller, JeffreyGonzalez, LauraBlain,and

KrisSchwenke ("Plaintiffs"), Defendant and Bradford County, having agreed to
resolve this dispute in the manner set forth below, tinisCourt orders that:

i. Allcontracts provide payment Bradford that for by County federal, of
state,or localfundsIcollectively, "PublicFunds")to anyotherentity
('%undedEntity") shall containthe followingrestrictions:

a. PublicFundsshallnot be usedto support Religious any Activities

(theterm "Religious Activities" includes religious instruction,
worship, rituals, proselytization, indoctrination, any other and and
religious activity).

b. Public Funds shall not be used to purchasereligiousmaterialsor
pay for the supervisory, administrative, labor, or other costs of

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maintenance,or repair of buildingsthat are used primarily as houses of worshipor primarilyfor Religious

c. The Funded Entity's officers,employees,and volunteers shall not pressure or coerce any beneficiaryof or participantin the program

that is fUnded the PublicFunds("Funded with Program") attend to
or participate in any Religious Activities.

d. if the FundedEntityoffersor engagesin Religious Activities, the

Religious Activities occur must separately timeandspace in from
the FundedProgram, mustbe whollyvoluntary, mustoccurin and a mannerthatprotects program beneficiaries participants and from
any pressure or coercionto take part in the ReligiousActivities. e. The Funded Entity shall keep Public Funds in an accountthat is separate from any accountit uses to supportReligiousActivities,
and shall maintain separate financial records for the account that
contains Public Funds.

f. In admitting beneficiaries participants the FundedProgram, or into and in rendering assistance beneficiaries andparticipants to of in
the Funded Program,the FundedEntity must not discriminate against or amongbeneficiariesor participantsbased on religion, a

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belief,a refusalto express to hold a religiousbelief or or
a refusal to attend or participatein a ReligiousActivity.

2. Tfa statuteor regulation applicable particular to PublicFundsprohibits the recipientof the PublicFundsfromdiscriminating hiringor in
employment based on religion, then the contract between Bradford

County and the FundedEntity must incorporatethat prohibition.

3. Bradford Countyoff~cials employees monitor compliance or shall the of eachreligious, religiously-affiliated, faith-based and FundedEntitywith
paragraphs 1 and(where applicable)2. Such monitoringshall include at
least the following measures:

a. IJnannouncedvisits, occurringat least four times each year, to the
site ofthe Funded Program.

b. Conf~dential interviews, leastfourtimesper year,of at
beneficiariesof and participantsin the FundedProgram. c. Annual reviewsof those financialand accountingrecords maintainedby the FundedEntitythat relate to the Public E;unds. d. Where paragraph2 is applicable,annualreviewsof any
employment-related policies and any advertisements and notices of

employmentopeningsmaintainedor issued by the Funded Entity.

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Preparationof writtenreports documentingeach visit, set of
interviews, and annual review required above.

4. Bradford County shall providenotice and explanationof the
requirements of this Consent Order ("Order") to all its officers and
employees who are involved with the dissemination of Public Funds and to all personnel of Funded Entities who are involved with Funded

Programs. BradfordCounty shall require each person who must receive such notice and explanationto sign a statementthat they have received

the noticeand explanation thattheyunderstand requirements and the of
this Order.

5. Bradford County shall requireeach entity thenceforth,"Zntermediary") that receives Public Funds fiom it and then provides the Public Funds to other entities to complywith the requirementsof paragraphs 1 and 2. BradfordCounty shall itself performthe duties requiredunder paragraphs
3 and 4 with respect to the programs that receive Public Funds from such

intermediaries,unless the Intermediaryis a governmentalbody that
agrees to and does perform those duties.

B. if any BradfordCountytaxpayer,or any other person who has recognized
legal,standing, notifies Bradford County in writing that he or she believes that a Funded Entity is engaging in conduct that is prohibited by

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1 or(whereapplicable) or thatBradford 2, Countyor an Intermediary not complying anyof its dutiesunderthis Order, is with then Bradford Countyshallconduct investigation the complaint an of and shallmakethe resultsof its investigation available the complaining to
party within 60 days of receivingthe complaint.

7. At therequest anyof thePlaintiffs, of Bradford County provide will to the requesting Plaintiff(s)copy eachreport it or an Intermediary a of that
prepares pursuant to paragraphs 3(e) and 6. Any such reports required

undertheseparagraphs be redacted protectfromdisclosure may to information is required be keptconfidential law. that to by 8. BYenteringintothis Order,Bradford County, officials, its its and
employees do not admitthat they have committedany violation of the
law or other wrongdoing.

9. In the eventthatBradford Countyis foundby a courtof competent jurisdiction haveviolated to any`term this Order,Plaintiffs of may
request attorney's fees, costs, and expenses for enforcement of the Order

and for the workundertaken connection Plaintiffs' in with claimsagainst Bradford Countyin this actionpriorto entryof this Order. Forpu~rposes ofadjudicating sucha requestfor fees,costs,andexpenses, Plaintiffs will
be deemed prevailingparties under 42 U.S.C. ~ 1988with respect to both

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enforcement work and said prior work; the Court will determine the amount of the fees, costs, and expenses for both the enforcement work

and the prior work in accordancewith the case law under 42 U.S.C. ~
1988 for awarding fees to prevailing parties. Notwithstanding the foregoing, no violation of this Order that occurs more than two years after the entry of this Order may serve as a basis for a request by Plaintiffs for any fees, costs, or expenses for the work undertaken in connection with Plaintiffs' claims against Bradford County in this action prior to entry of this Order. Furthermore, if Bradford County complies with this Order, Bradford County shall not be required to pay any of the fees, costs, and expenses of Plaintiffs' attorneys in this case. 10.This Court reserves jurisdiction to enforce this Order. In the event that Bradford County fails to comply with this Order, Plaintiffs may file a
motion with this Court seeking enforcement of the Order. 13..This Order is intended to resolve all claims made in this action against

defendant Bradford County by Plaintiffs Clark Moeller, Jane Moeller, Jeff Gonzalez, Laura Blain, and Kris Schwenke. Except as provided

herein, the parties d~ not waive their rights or obligationswith regard to
future claims.

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fulland finalOrderhavingbeenenteredwithrespectto the claimsof
Plaintiffs Clark Moeller,Jane MoeUer, Jeffrey Gonzalez,Laura Blain, and Kris SchwenkeagainstdefendantBradfordCounty,those claims are

dismissed prejudice withoutcostsor attorneys'feeslexceptas with and
may be requiredunder paragraph9) to any party.





Date:~5114rth~07 2~

Date:~j~on~~ ~7t,

for Plaintiffs Clark



for Defendant Bradford

Moel]er,Jane Moeller,Jeffrey
Gonzalez, Laura Blain, and Kris

Michael J. Donohue, Esq.
Kreder, Brooks & Hailstone

Bruce R I(elly (BK 2962) Daniel M. Kuhn (DK 4725) Yue-I-ian Chow (YC 4·393) Amold & Porter LLP 399 Park Avenue New York, NY 10022

1 i j

220 Park Avenue Suite 220 P.O. Box 596 Scranton, PA 18501 Tel: (570) 346-7922 Fax: (570) 346-3715

Tel: (212) 715-1000
Fax: (212)71. 5-1399


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Bvuce.Kelly@aporteu. com / Daniel.Kuhn@aportev. c~m / Yt~eHan Mun~ay R. Gamick (DC 399260) Alexander E. Bennett (DC 000737)
Arnold & Porter LLP

i I

Larry L. Crain Senior Counsel, American Center for Law and Justice Brentwood Law Offices 5214 Maryland Way - Suite 402
Brentwood, TN 37027

555 12thSt., N.W.
Washington, D.C. 20004
Tel: (202) 942-5000
Fax: (202) 942-5999

Tel: f615) 376-2~00
Fax: (615) 345-6009
Email: Icvcrl'P2@brentwoodlaw. com

Murray_GQmick@clporter. com / A lexandev_B~nnet~@ap~rteP: com Ayesha Khan (DC 426836) Richard Katskee (DC 474250) Alex J. Luchenitser (DC 473393) Americans United for Separation of
Church and State


St., NE

Washington, D,C. 20002 Tel: (202) 466-3234 Fax: (202) 466-2587 Email: / kntskee@au. org /
Witold J. Walczak (PA 62976) ACLU ofPennsylvania
313 Atwood Street

Pittsburgh, PA 15213 Tel: (412) 681-7864 Fax: ~412) 681-8707 Email: vM·lalczak@aclupgh.cIrg

Mary Catherine Roper (PA 71107)
ACLU ofPennsylvania
P.O. Box 40008

Philadelphia, PA 19106 Tel: (215) 592-1513

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(215) 592-1343 Email: mropev@aclupa.ovg