Explanation
Background:
This Ordinance is submitted to settle all claims related to Brianne Schell’s employment with and separation from the City of Columbus, in the amount of Sixty Thousand Dollars and Zero Cents ($60,000.00). Ms. Schell has alleged sex discrimination and/or retaliation at her place of employment.
Fiscal Impact:
To allow for the transfer of funds from the general fund city wide account and increase appropriations within the Health Special Revenue fund to ensure that funds are available to pay the settlement of all claims with Brianne Schell.
Title
To authorize and direct the City Attorney to settle all claims with Brianne Schell; to authorize the Board of Health to expend Sixty Thousand Dollars and Zero Cents ($60,000.00) in settlement of the claims; to authorize a transfer from the General fund to the Health Special Revenue Fund; to authorize an increase of appropriation within the Health Special Revenue fund to provide for the settlement of all claims with Brianne Schell; and to declare an emergency. (60,000.00)
Body
WHEREAS, Brianne Schell was employed by Columbus Public Health as a Management Analyst II from February 13, 2023 until she resigned from her employment with the City, effective January 3, 2024; and
WHEREAS, after she resigned from her employment, Ms. Schell made certain claims to the City, alleging that she had been subjected to sex discrimination and retaliation 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 Sixty Thousand Dollars and Zero Cents ($60,000.00) which was deemed acceptable by the City of Columbus, Columbus Public Health, along with a release of the City of Columbus and its employees from further liability; and
WHEREAS, settlement of the claims along with 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 Health Special Revenue Fund to cover this settlement; and
WHEREAS, an emergency exists in the usual daily operations of Columbus Public Health 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 potential claims against the City of Columbus, its officers, agents, and employees related to Brianne Schell’s employment with and separation from the City of Columbus by payment of Sixty Thousand Dollars and Zero Cents ($60,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That the City Auditor is hereby authorized to transfer appropriations from the General fund to the Health Special Revenue Fund in the amount of $60,000.00; to increase the Health Special Revenue Fund appropriation to provide for City obligations.
Section 3. That for the purposes of paying this settlement, there be and hereby the Board of Health is authorized to expend from the Health Special Revenue Fund, in the amount of Sixty Thousand Dollars and Zero Cents ($60,000.00).
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 three warrants upon the City Treasurer: 1) for the sum of $20,000.00, subject to applicable deductions, withholdings, and employer contributions, payable to Brianne Schell for back pay; 2) the sum of $20,000.00, payable to Brianne Schell for damages other than wages and 3) the sum of $20,000.00, payable to Marshall, Forman, & Schlein, LLC, counsel for Ms. Schell
Section 5. That for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance is hereby declared to 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.