Explanation
To authorize the City Attorney to settle the case of Karl Shaw v. City of Columbus, pending before the United States District Court for the Southern District of Ohio, Eastern Division; to authorize the expenditure of $475,000.00 from the general fund in payment of the settlement; and to declare an emergency.
Background
This ordinance is submitted to settle the lawsuit known as Karl Shaw v. City of Columbus, pending before the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:18-CV-483, in the amount of four hundred seventy five thousand dollars ($475,000.00). Mr. Shaw is a police officer with the Department of Public Safety, Division of Police. Mr. Shaw filed a complaint alleging race discrimination with the United States District Court for the Southern District of Ohio, Eastern Division.
This ordinance authorizes an expenditure of $475,000 from the general fund for this purpose. Specifically, $25,000 attributable to back pay will be paid from the Division of Police’s 2020 general fund budget, with the balance funded from existing BRDI002433.
Fiscal Impact
Funds were not specifically budged for this settlement; however, sufficient monies are available on BRDI002433 and within the Division of Police’s general fund budget to pay the amount of this claim.
Title
To authorize the City Attorney to settle the case of Karl Shaw v. City of Columbus, pending before the United States District Court for the Southern District of Ohio, Eastern Division; to authorize the expenditure of $475,000.00 from the general fund in payment of the settlement; and to declare an emergency.
Body
WHEREAS, Mr. Shaw filed a complaint in the United States District Court for the Southern District of Ohio, Eastern Division alleging that the City intentionally discriminated against him because of his race and retaliated against him when the City failed to allow him to take a position in narcotics; and
WHEREAS, following the evaluation of claims and the risk of continued litigation of the claims against the City of Columbus, a settlement in the amount of four hundred seventy five thousand dollars ($475,000.00) to be paid by the City, was deemed acceptable by the City of Columbus, Department of Public Safety, along with dismissal of the case with prejudice and a release of the City of Columbus and its employees from any further liability; and
WHEREAS, sufficient funds are available on BRDI002433 and within Police’s general fund budget to pay the amount of this claim; 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 this lawsuit, which is in the best interest of the City, and to pay the agreed sum without delay; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Attorney be and is hereby authorized to settle all claims against the City of Columbus, its officers, agents and employees in the lawsuit of Karl Shaw v. City of Columbus, Case No. 2:18-CV-483, pending before the United States District Court for the Southern District of Ohio, Eastern Division, by payment of four hundred seventy five thousand dollars ($475,000.00) as a reasonable and fair amount, and in the best interest of the City of Columbus.
SECTION 2. That the expenditure of up to $450,000.00, or so much thereof as may be needed, pursuant to the action authorized in SECTION 1, is hereby authorized to be expended by the Department of Public Safety, Division of Police from BRDI002433.
SECTION 3. That for the purpose of paying the back pay associated with this settlement, there be and hereby is authorized to be expended by the City of Columbus, from the Department of Public Safety, Division of Police General Fund Budget, the sum of $25,000, or so much thereof as may be needed, per the accounting codes in the attachment to this ordinance.
SECTION 4. That the City Auditor be and is hereby authorized to draw four warrants upon the City Treasurer: 1) for the sum of $25,000, subject to applicable deductions, withholdings, and employer contributions, payable to Karl Shaw for back pay; 2) the sum of $111,974.69 payable within 14 days after Council approval to Karl Shaw as compensation for damages other than wages; 3) the sum of $136,974.69 between January 4 and January 15, 2021 as compensation for damages other than wages to Karl Shaw; and 4) the sum of $201,050.62, payable within 14 days after Council approval to the Gittes Law Firm.
SECTION 5. 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 days after passage if the Mayor neither approves nor vetoes the same.