Explanation
Background:
This Ordinance is submitted to settle the lawsuit captioned Anita Davis v. City of Columbus, Tenth Appellate District Case No. 25AP-633, as well as any potential claims Ms. Davis has or may have as of the date the settlement agreement is fully executed, in the amount of Thirty Thousand Dollars and No Cents ($30,000.00). Ms. Davis is a former employee of the Columbus Recreation and Parks Department. Ms. Davis has alleged race discrimination, race harassment, retaliation and/or intentional infliction of emotional distress at her place of employment.
Fiscal Impact:
This ordinance authorizes the settlement of the lawsuit captioned Anita Davis v. City of Columbus, Tenth Appellate District Case No. 25AP-633; Funds were not specifically budgeted for this settlement; however, sufficient monies are available within the Columbus Recreation and Parks Department Operating Fund for this purpose.
Emergency action is requested for this ordinance to be effective immediately in order for the parties to effectuate the settlement of lawsuit captioned Anita Davis v. City of Columbus, Tenth Appellate District Case No. 25AP-633, 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 lawsuit captioned Anita Davis v. City of Columbus, Tenth Appellate District Case No. 25AP-633; to authorize the expenditure of Thirty Thousand Dollars and No Cents ($30,000.00) in settlement of the litigation; to authorize the transfer of said funds from the Citywide Account into the Columbus Recreation and Parks Department Operating Fund; and to declare an emergency. ($30,000.00)
Body
WHEREAS, Anita Davis is a former employee of the City of Columbus, Recreation and Parks Department as a Public Relations Specialist; and
WHEREAS, Ms. Davis filed an appeal with the Ohio Court of Appeals, Tenth Appellate District, pending as Case No. 25AP-633, on appeal from Franklin County Court of Common Pleas Case No. 23-cv-07344, alleging claims for race discrimination, race harassment, retaliation and/or intentional infliction of emotional distress at her place of employment; and
WHEREAS, following the evaluation of the claims and the risk of potential litigation of the claims against the City, the parties reached an agreement to settle this matter in the amount of Thirty Thousand Dollars and No Cents ($30,000.00) which was deemed acceptable by the City of Columbus, Recreation and Parks Department; and
WHEREAS, settlement of the charges along with dismissal with prejudice and a release of the City of Columbus and its employees from further liability is in the best interests of the City of Columbus; and
WHEREAS, sufficient funds are available within the Citywide Account, which will be transferred into the Columbus Recreation and Parks Department Operating Fund to cover this settlement; and
WHEREAS, an emergency exists in the usual daily operations of the Columbus Recreation and Parks Department 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 past and present officers, agents, employees and officers, specifically including individually-named co-Defendants, as set forth in the applicable settlement agreement, including all claims alleged or that could have been alleged in litigation relating to the matter pending before the Ohio Court of Appeals by payment of Thirty Thousand Dollars and No Cents ($30,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That the transfer and appropriation of $30,000.00, 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 Columbus Recreation and Parks Department’s Operating Fund per the account codes in the attachment to this ordinance.
Section 3. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the City of Columbus, from the Columbus Recreation and Parks Department’s Operating Fund, in the amount of Thirty Thousand Dollars and No Cents ($30,000.00).
Section 4. That upon receipt of an invoice and a release approved by the City Attorney, the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the amount of Fifteen Thousand Dollars and No Cents ($15,000.00) payable to Anita Davis and Olsheski Law Co., LPA, with the remaining settlement amount to be paid through Columbus Recreation and Parks Department as, and subject to applicable withholdings to, wages.
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.