Explanation
This Ordinance is submitted to settle the lawsuit known as Steve Sloan v. City of Columbus, Case No. C2-05-949 in the United States District Court, Southern District of Ohio, Eastern Division, and, to settle Grievance 244-2004 filed by AFSCME Local 1632 for and on behalf of Steve Sloan in the total amount of One Hundred Thirty Thousand Dollars and Zero Cents ($130,000.00) of which Sixty Five Thousand Dollars and Zero Cents ($65,000.00) is to be paid to the plaintiff, Steve Sloan and his attorney, Daniel Klos; and, Sixty Five Thousand Dollars and Zero Cents ($65,000.00) is to be paid to the Ohio Public Employees Retirement System to the credit of Steve Sloan. The cases filed for or on behalf of Steve Sloan assert that the City of Columbus has violated federal and state law as well as the provisions of a collective bargaining agreement in terminating his employment with the City of Columbus. The City of Columbus has denied any liability in the action terminating the employment of Steve Sloan.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount of this claim. Companion legislation will cause an appropriate transfer of funds between accounts.
Title
To authorize and direct the City Attorney to settle the lawsuit of Steve Sloan v. City of Columbus, United States District Court, Southern District of Ohio, Eastern Division, Case No. C2-05-949, to authorize the expenditure of One Hundred Thirty Thousand Dollars and Zero Cents ($130,000.00), and to declare an emergency. ($130,000.00) (AMENDED BY ORD. 2226-2006 PASSED 12/11/2006)
Body
WHEREAS, on October 18, 2005, the plaintiff Steve Sloan filed a lawsuit in the United States District Court, Southern District of Ohio, Eastern Division, and,
WHEREAS, AFSCME Local 1632 has filed a grievance for or on behalf of Steve Sloan, and,
WHEREAS, Following the evaluation of plaintiffs' claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, the settlement amount was deemed acceptable by the City of Columbus, along with dismissal of the lawsuit and grievance with prejudice and a release of the City of Columbus and its employees from further liability; and,
WHEREAS, by reason of the foregoing, and in order to avoid the possible payment of interest, an emergency exists in the usual daily operation of the City and for further preservation of the public health, peach, 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 settle the lawsuit of Steve Sloan v. City of Columbus, United States District Court, Southern District of Ohio, Eastern Division and AFSCME Grievance 244-2004 by the payment of the total of $130,000.00 as a reasonable and fair amount 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 City of Columbus, Department of Public Service, Transportation Division, Division Number 59-09, OCA Code 599161, Object Level One 05, Minor Object 5531, the sum of $130,000.
Section 3. That the City Auditor be and is hereby authorized to draw warrants upon the City Treasurer upon receipt of a voucher and releases approved by the City Attorney in the total amount of $130,000.00, of which $65,000.00 is payable to Daniel Klos, counsel for plaintiff Steve Sloan and Steve Sloan; and the remaining $65,000.00 is payable to the Ohio Public Employees Retirement System to credit the account of Steve Sloan.
Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten day after passage if the Mayor neither approves nor vetoes the same.