Explanation
This ordinance authorizes the payment of attorney fees to Robert R. Byard as legal counsel in the case of Melissa Weems v. City of Columbus, et al., United States District Court, Southern District of Ohio Case No. C2-05-0087 and United States Court of Appeals for the Sixth Circuit Case No. 06-4385.
Fiscal Impact: Sufficient money has been set aside by the City to pay the amount of this claim.
Title
To authorize and direct the City Attorney to pay attorney fees to Robert R. Byard as legal counsel in the case of Melissa Weems v. City of Columbus, et al., United States District Court, Southern District of Ohio Case No. C2-05-0087 and United States Court of Appeals for the Sixth Circuit Case No. 06-4385, to authorize the expenditure of the sum of Forty-seven Thousand, Eight Hundred Eighty-one Dollars and Sixty-two Cents ($47,881.62) and to declare an emergency. ($47,881.62)
Body
WHEREAS: Melissa Weems filed suit against Sergeant R. Kelly Hamilton and the City of Columbus in No. C2-05-0087 in the United States District Court, Southern District of Ohio; and,
WHEREAS: Many of the claims alleged by Officer Melissa Weems appeared to have occurred outside the scope of employment; and,
WHEREAS: It would be a conflict of interest for the City Attorney to represent the City of Columbus and Sgt. Hamilton if, in fact, Plaintiff's allegations were proven to be true; and,
WHEREAS: The City Attorney employed the services of Robert R. Byard of the law firm of HUNTER, CARNAHAN, SHOUB & BYARD to defend Sgt. R. Kelly Hamilton; and,
WHEREAS: The matter has now been successfully concluded in the United States Court of Appeals for the Sixth Circuit with no finding of fault against Sgt. R. Kelly Hamilton; and,
WHEREAS: Robert R. Byard has submitted a statement for professional services rendered in the amount of Forty-seven Thousand, Eight Hundred Eighty-one Dollars and Sixty-two Cents ($47,881.62); and,
WHEREAS: By reason of the foregoing an emergency exists in the usual daily operations of the City and it would be to the City's best interests to compromise and settle this matter and for further preservation of the public health, peace, property, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City Attorney be, and hereby is, authorized and directed to pay the attorney fees in United States District Court, Southern District of Ohio Case No. C2-05-0087 and United States Court of Appeals for the Sixth Circuit Case No. 06-4385 by the payment of Forty-seven Thousand, Eight Hundred Eighty-one Dollars and Sixty-two Cents ($47,881.62) to attorney Robert R. Byard, which is a reasonable and fair amount and in the best interests of the City of Columbus.
Section 2. That, for the purposes of paying this settlement, there be, and hereby is, authorized to be expended by the Department of Public Safety, Division of Police, Fund 010, Dept./Div. 3003, Object Level (01), 03, Object Level (03), 3324, OCA Code 301382, the sum of Forty-seven Thousand, Eight Hundred Eighty-one Dollars and Sixty-two Cents ($47,881.62).
Section 3. That the City Auditor be, and hereby is, authorized to draw a warrant upon the City treasury in the sum of Forty-seven Thousand, Eight Hundred Eighty-one Dollars and Sixty-two Cents ($47,881.62), payable to Robert R. Byard, Attorney.
Section 4. That for the reasons stated hereto which are hereby made a part herein, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force after passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.