Explanation
Background: This Ordinance authorizes the payment of a settlement in the lawsuit of Robert Woda v. City of Columbus, et al., United States District Court Case No. C2-99-479. During the evening of May 30, 1998, Officer Samuel Sias observed what he believed to be an altercation between Robert Woda and several other people. Woda had a pistol and, as Officer Sias exited his cruiser, Robert Woda began to run. Woda refused or ignored the warnings of Officer Sias to stop. In the entrance to 341 Clarendon Avenue, Officer Sias took Robert Woda to the floor and confiscated the gun and a knife which was concealed in Robert Woda's ankle area. Officer Sias, with assistance from Officer Charles Hill, attempted to control Woda. Woda alleged that the officers used excessive force, which is denied by the officers.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount this claim.
Title
To authorize and direct the City Attorney to pay the settlement amount to James McNamara, counsel for Plaintiff Robert Woda, in the case of Robert Woda v. City of Columbus, et al., United States District Court Case No. C2-99-479, to authorize the expenditure of the sum of One Thousand Seventy-Five Thousand Dollars ($175,000.00), and to declare an emergency.
Body
WHEREAS, a trial was held in the United States District Court in April, 2002, and a decision was rendered by the Court in July, 2003, with the Court finding against the two officers in the amount of $50,000.00, plus plaintiff was entitled to payment of attorney's fees;
WHEREAS, the finding was appealed on behalf of the defendant officers and a cross appeal was filed by the plaintiff;
WHEREAS, while the appeals were pending the parties entered settlement discussions;
WHEREAS, due to the facts and dispute of these claims and the risks and uncertainties associated with the continued litigation, the settlement is a fair and reasonable sum to resolve the Court action;
WHEREAS, by reason of the foregoing, and in order to avoid delay in payment of the settlement and the possible payment of interest, an emergency exists in the usual daily operation of the City and for further preservation of the public health, peace, 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 Robert Woda v. City of Columbus, et al., United States District Court, Case No. C2-99-479, by the payment of $175,000.00 to James McNamara, counsel for Mr. Woda, 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 Safety, Division of Police, Division Number 30-03, OCA Code 301382, Object Level One 05, Object Level Three 5539, Fund No. 010.
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of $175,000.00 to James McNamara upon approval by the City Attorney.
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.