Explanation
Background:
This Ordinance is submitted to settle the pre-litigation matter brought by Luis Escobedo Villanueva for the amount of Seventy-Five Thousand Dollars and No Cents ($75,000).
The pre-litigation matter was brought through counsel by Luis Escobedo Villanueva who, on September 16, 2024, was detained in a traffic stop, arrested on warrant for someone else, spent two and half days in jail, and had felony charges filed against him based on the warrant for someone else. On September 16, 2024, Columbus police officers responded to a report of 50-60 vehicles doing burnouts in a parking lot. Villanueva was stopped for an equipment violation. Officers ran Villanueva’s information through the computer systems and a warrant alert populated. Records technicians reached out to the issuing agency in Indiana and the warrant was confirmed. Subsequently, Villanueva was arrested on the warrant, taken through ID and booked into jail.
To initiate the extradition to Indiana, a Columbus detective filed a criminal complaint for Fugitive from Justice, a felony charge. The detective also requested a high bond. Villanueva was able to post bond on September 19 and the felony charge was dismissed by prosecutors on September 25.
The warrant from Indiana was for a man with the same first name and same date of birth. However, the wanted man had a different surname, lived in Indiana, was shorter, and weighed less. This ordinance would allow settlement and resolution of all claims relating to the September 16, 2024 arrest.
Fiscal Impact:
This ordinance authorizes the settlement of a pre-litigation matter. Funds were not specifically budgeted for this settlement; however, sufficient monies are available within the Department of Finance’s Citywide Account for this purpose.
Emergency action is requested for this ordinance to be effective immediately in order for the parties to effectuate the settlement of the pre-litigation matter brought by Luis Escobedo Villanueva, which is the best interest of the City, and to pay the agreed to sum without delay thereby mitigating any potential claim of further liability.
Title
To authorize and direct the City Attorney to settle the claims of Luis Escobedo Villanueva; to authorize the expenditure of the sum of Seventy-Five Thousand and No Cents ($75,000.00) in settlement of the matter; and to declare an emergency. ($75,000.00)
Body
WHEREAS, Luis Escobedo Villanueva alleges that his constitutional rights were violated on or about September 16, 2024, when Columbus police officers arrested him on a warrant for another person and then initiated felony charges against him; and
WHEREAS, a settlement in the amount of Seventy-Five Thousand Dollars and No Cents ($75,000.00), to be paid by the City and to include attorneys’ fees and court costs, was deemed to be acceptable in exchange for a release from Villanueva of any claims against the City of Columbus and any of its employees, agents, officials; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Safety, Division of Police, in that it is necessary for this ordinance to be effective immediately in order for the parties to effectuate the settlement of these claims in accordance with the terms of the settlement agreement, which is in the best interest of the City, and to pay the agreed to sum without delay; 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 all claims against the City of Columbus, its officers, agents, and employees, by payment of the sum of Seventy-Five Thousand Dollars and No Cents ($75,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
SECTION 2. That the transfer of $75,000.00, or so much thereof as may be needed, is hereby authorized between object classes within the General Fund from the Department of Finance's Citywide account to the Department of Public Safety per the account codes in the attachment to this ordinance:
SECTION 3. That the expenditure of $75,000.00, or so much thereof as may be needed, is hereby authorized as follows in the General Fund object class 05 per the accounting codes in the attachment to this ordinance:
SECTION 4. That, upon receipt of a voucher and a release approved by the City Attorney, the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of fifty thousand dollars and no cents ($50,000.00) made payable to Luis Villanueva.
SECTION 5. That, upon receipt of a voucher and a release approved by the City Attorney, the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of twenty-five thousand dollars and no cents ($25,000.00) made payable to Marshall, Forman and Schlein LLC.
SECTION 6. That for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance is hereby declared to an emergency measure and shall take effect and be in force after passage and approval by the Mayor, or 10 days after passage if the Mayor neither vetoes nor approves the same.