Explanation
BACKGROUND: On the night of July 23, 2023, Columbus Firefighter Tyler Conners was driving Engine 5 northbound on Interstate 270 near Hamilton Road. Lt. Timothy Boyd (now the rank of Captain) was the ranking officer in Engine 5 that night. It was dark and had been raining, making the pavement wet.
Engine 5 was called off of an emergency run, and Firefighter Conners began slowing and merging from the far-right lane of the interstate highway to the far left to make a left turn into an emergency vehicle turnaround in order to head south back to the fire station. Firefighter Conners informed Capt. Boyd that he intended to use the turnaround, and Capt. Boyd did not disagree with that choice. Unknown to Firefighter Conners, a sedan was also merging to the left as Engine 5 did, seeking to pass Engine 5 on the left.
While Engine 5 was mostly in Lane 1 (the left-most lane), continuing to slow down, and beginning to turn into the turnaround, the sedan, also in Lane 1, attempted to pass Engine 5 to the left. The sedan drove onto the shoulder and collided with Engine 5 in the left median near the entrance to the turnaround. The sedan continued northbound and came to a stop in the median; Engine 5 came to a stop at the point of collision, with the back corner of the fire engine still partially in Lane 1. A pickup truck driven by Mr. Timothy Wiggins (age 63), also in Lane 1, then collided with the rear of Engine 5. Mr. Wiggins was killed by that impact.
A wrongful death lawsuit brought by the Estate of Mr. Wiggins is tentatively settled. This settlement is pending approval by the Franklin County Probate Court and thereafter by the Columbus City Council. Specifically, the settlement is in the amount of $750,000.00.
Patricia Gerlach-Hesson was the passenger of the pickup truck who was later transported to a hospital with non-life-threatening injuries. A personal injury lawsuit was brought by her against the City of Columbus. The settlement of this lawsuit is pending before City Council in the amount of $191,000.00.
It must also be noted that the cost of repair to the damaged Engine 5 is in the amount of $190,824.16.
The criminal investigation by the Gahanna Police Department found that Firefighter Conners, as the driver of the engine, was at fault for the crash.
On October 27, 2023, Firefighter Conners was criminally arraigned and charged under RC 2903.06(A)(3)(a) for Vehicular Homicide. Moreover, he was cited by the Gahanna Police Department under R.C. 4511.22 for slow speed and RC 4511.33(A)(1) for lane straddling.
On April 29, 2024, Firefighter Conners pled no contest to vehicular manslaughter and was sentenced. Specifically, he was sentenced to 90 days in jail but suspended, $500.00 fine plus other court costs, driver’s license suspension (with limited driving privileges) for 730 days, and probation for two years.
On May 6, 2024, just one week after the court disposition in which Firefighter Conners was criminally sentenced after pleading to the criminal charges, the Division of Fire’s Fleet Accident Review Committee unanimously found no violation of any policy by Firefighter Conners nor anyone else.
On July 18, 2024, Chief Happ held the disciplinary hearing for Firefighter Conners. The Fire Chief issued no discipline nor remedial drivers training. Rather, Chief Happ held that “This was an unfortunate situation that has been resolved in the court system and the case is considered closed for the Columbus Division of Fire.” It must also be noted that no driving policy changes were considered or implemented.
No disciplinary hearing was ever conducted for Capt. Boyd.
The Department of Public Safety has determined that an independent investigation into these events is needed and desires to enter into contract with Barnes & Thornburg LLP for their services.
SUPPLIER: Barnes & Thornburg LLP | D365 Vendor #007009 | Expires: (registration pending)| Barnes & Thornburg LLP does not hold MBE/FBE status.
The contractor is not debarred according to the Excluded Party Listing System of the Federal Government or prohibited from being awarded a contract according to the Auditor of State Unresolved Findings for Recovery Certified Search.
FISCAL IMPACT: $60,000.00 is available within the General Fund for this purpose.
Emergency Designation: Emergency legislation is requested in order to expedite execution of the agreement and ensure the continued operational readiness and public trust in the Division of Fire and the Department of Public Safety.
Bid Waiver: The firm of Barnes & Thornburg LLP was selected for this contract due to their unique background and expertise. It was not practical to bid this contract.
Title
To authorize the Director of the Department of Public Safety to enter into an agreement with Barnes & Thornburg LLP to conduct an independent investigation into the Fire Engine 5 crash, including the internal Capital Fleet Accident Review Committee process and administrative disciplinary response; to waive the competitive bidding provisions of Columbus City Code; to authorize the expenditure of $60,000.00 from the General Fund; and to declare an emergency. ($60,000.00)
Body
WHEREAS, the Division of Fire has a need for an independent investigation into the Fire Engine 5 crash, including the internal review and subsequent administrative disciplinary response; and
WHEREAS, the Director of the Department of Public Safety seeks authorization from City Council to enter into an agreement with Barnes & Thornburg LLP to conduct such an independent investigation; and
WHEREAS, due to Barnes and Thornburg LLP's unique experience and expertise, it is in the City's best interest to waive the competitive bidding provisions of Columbus City Code; and
WHEREAS, it is necessary to authorize the expenditure of $60,000.00, or so much thereof as may be needed, for this contract; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Safety and Division of Fire in that it is immediately necessary to authorize the Director to enter into an agreement with Barnes & Thornburg LLP to maintain their operational integrity, public trust, and accountability in the aftermath of a fatal vehicular incident involving a fire department vehicle and the internal response that followed, all for the immediate preservation of the public health, peace, property, safety and welfare; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Safety is hereby authorized to enter into an agreement with Barnes & Thornburg LLP to provide investigatory services related to the Fire Engine 5 incident, including the internal Fleet Accident Review Committee and administrative disciplinary response for the Division of Fire.
SECTION 2. That due to Barnes & Thornburg LLP's unique experience and expertise, it is in the City's best interest to waive the competitive bidding provisions of Columbus City Code, Chapter 329.
SECTION 3. That the expenditure of up to $60,000.00, or so much as thereof as may be needed, be and is hereby authorized from the General Fund to pay Barnes & Thornburg LLP per the accounting codes in the attachment to this legislation. Compensation will be provided at a blended rate of $350.00 per hour.
SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 5. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 6. That for the reasons stated in the preamble hereto, which is hereby made a part thereof, 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 days after passage if the Mayor neither approves nor vetoes the same.