Explanation
This ordinance authorizes the payment of attorney fees to Hunter, Carnahan & Shoub as legal counsel in the case of Anisah A. Mohamad v. City of Columbus, et al., United States District Court, Southern District of Ohio Case No. C2-01-1085.
Fiscal Impact: Sufficient monies have been set aside by the City to pay the amount of this claim.
Title
To authorize and direct the City Attorney to pay attorney fees to Hunter, Carnahan & Shoub as legal counsel in the case of Anisah A. Mohamad v. City of Columbus, et al., United States District Court Case No. C2-01-1085, to authorize the expenditure of the sum of Sixty Thousand, Three Hundred Eighty-five Dollars and Eighty-eight Cents ($60,385.88) and to declare an emergency.
Body
WHEREAS, Anisah A. Mohamad filed suit against the City of Columbus and former Columbus Police Officer Earl Judd in Case No. C2-01-1085 in the United States District Court, Southern District of Ohio; and
WHEREAS, the City of Columbus claimed that former Officer Judd was engaged in purely personal activities at the time of the incident and was not, therefore, acting in his official capacity as a Columbus Police Officer; and
WHEREAS, since there existed a conflict of interest between former Officer Judd and the City of Columbus, it was necessary to employ counsel to defend the interest of former Officer Judd; and
WHEREAS, the lawsuit has now been dismissed against the City of Columbus and former Officer Judd; and
WHEREAS, the law firm of Hunter, Carnahan & Shoub has now submitted a statement for professional services rendered in the amount of Sixty Thousand, Three Hundred Eighty-five Dollars and Eighty-eight Cents ($60,385.88); and
WHEREAS, by reason of the foregoing, an emergency exists in the usual daily operations of the City of Columbus and it would be in the City's best interest to compromise and settle this matter and for further preservation of the public peace, health, 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 pay the attorney fees in Case No. C2-01-1085, United States District Court, Southern District of Ohio, by the payment of Sixty Thousand, Three Hundred Eighty-five Dollars and Eighty-eight Cents ($60,385.88), to the law firm of Hunter, Carnahan & Shoub, which is a reasonable and fair amount and in the best interest of the City of Columbus.
SECTION 2. That for the purposes of paying this obligation, there be, and hereby is, authorized to be expended by the Department of Safety, Division of Police, General Fund 010, Department No. 30-03 , OAC Code 301382, Object Level One 03 , Object Level three 324 , the sum of Sixty Thousand, Three Hundred Eighty-five Dollars and Eighty-eight Cents ($60,385.88).
SECTION 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of Sixty Thousand, Three Hundred Eighty-five Dollars and Eighty-eight Cents ($60,385.88) payable to the law firm of Hunter, Carnahan and Shoub.
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 immediately after, its passage and approval by the Mayor, or ten days after passage if the mayor neither approves nor vetoes the same.