Explanation
BACKGROUND: This ordinance is submitted to settle the lawsuit of Brenda Williams v. the City of Columbus, Case No. 2:10-cv-1155 in the United States District Court for the Southern District of Ohio, Eastern Division. Brenda Williams alleged that the City of Columbus was a joint employer of the Franklin County Municipal Court and that she was sexually harassed when working as a Spanish interpreter. Ms. Williams alleged that she was forced to work in a hostile work environment and, further, that she was retaliated against and ultimately terminated from her employment, for which she claimed to have suffered damages.
The City vigorously contested that Brenda Williams was never an employee of the City of Columbus. However, the United States District Court overruled the Motion of the City of Columbus for Summary Judgment. A settlement conference was conducted by the Court in which an agreement was reached to resolve the matter in the total amount of One Hundred and Fifty Thousand Dollars ($150,000.00) for all claims including attorney fees.
FISCAL IMPACT: Funds were not specifically budgeted for the settlement and this ordinance is contingent upon passage of Ordinance No. 2623-2012.
Title
To authorize and direct the City Attorney to settle the lawsuit of Brenda Williams v. the City of Columbus, pending in the United States District Court for the Southern District of Ohio, Eastern Division; to authorize the expenditure of One Hundred and Fifty Thousand Dollars; and to declare an emergency. ($150,000.00)
Body
WHEREAS, the City of Columbus was named as the defendant in the lawsuit of Brenda Williams v. the City of Columbus, Case No. 2:10-cv-1155, in the United States District Court for the Southern District of Ohio, Eastern Division, and;
WHEREAS, the parties have agreed to settle the lawsuit in the amount of One Hundred and Fifty Thousand Dollars ($150,000.00) in full settlement of Ms. Williams' claims, including any attorney fees, and;
WHEREAS, an emergency exists in the usual daily operation of the City Attorney's Office in that it is immediately necessary to authorize payment of this settlement to ensure that the City is not required to expend additional funds as a result of any 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 to settle the lawsuit of Brenda Williams by the payment of One Hundred and Fifty Thousand Dollars ($150,000.00).
Section 2. That for the purpose of paying this settlement there be and hereby is authorized to be paid by the City of Columbus from Fund 010, Dept. 25, Div. 25-01, OCA 250191, Obj. Level 1- 05, Obj. Level 3- 5573 in the sum of One Hundred and Fifty Thousand Dollars ($150,000.00).
Section 3. 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 4. That the City Auditor be and hereby is authorized to draw two warrants as follows upon the City Treasury upon receipt of a voucher and release approved by the City Attorney:
$100,000.00 Payable to: Brenda Williams
$ 50,000.00 Payable to: John C. Camillus
Law Offices of John C. Camillus, LLC
PO Box 141410
Columbus, OH 43215
Section 5. That for the reasons stated in the preamble hereto, which is 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 days after passage if the Mayor neither approves nor vetoes the same.