Explanation
BACKGROUND: This ordinance is submitted to settle the lawsuit known as Mark Cramblit, et al. v. City of Columbus, et al., United States District Court, Southern District of Ohio, Eastern Division, Case No. C2-05-301 in the amount of $150,000.00.
FISCAL IMPACT: Funds are available for this settlement that will cost $150,000.00.
Title
To authorize and direct the City Attorney to settle the lawsuit of Mark Cramblit, et al. v. City of Columbus, et al., United States District Court, Southern District of Ohio, Eastern Division, Case No. C2-05-301, to authorize the expenditure of $150,000.00, and to declare an emergency.
Body
WHEREAS, the City of Columbus has had a Mandatory Comprehensive Physical Examinations program that was developed in an effort to provide a safe work place for employees who were exposed to pathogens; and
WHEREAS, the City disciplined Mark Cramblit, Robert Paul Askins, Carl Glick, and Tim Ferguson for refusal to submit to such physical examinations; and
WHEREAS, it is in the best interests of the City to settle this case for $150,000.00; and
WHEREAS, by reason of the foregoing an emergency exists in the usual daily operations of the City and it would be to the City's best interest to compromise and settle this matter 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 Mark Cramblit, et al. v. City of Columbus, et al., United States District Court, Southern District of Ohio, Eastern Division, Case No. C2-05-301, by the payment of $150,000.00 as a reasonable and fair amount in the best interests of the City of Columbus and by the execution of any and all documents necessary to effectuate this settlement.
Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the Department of Pubic Utilities, Division of Sewerage and Drainage, Fund 650, Division No. 60-05, OCA Code 605006, Object Level One 01, Object Level Three 1101, the sum of $5,833.12 plus benefits and costs, Object Level One 03, Object Level Three 3324, the sum of $104,166.88, Object Level One 05, Object Level Three 5569, the sum of $40,000.00.
Section 3. That the City Auditor is authorized and directed to draw warrants upon the City Treasurer, upon receipt of vouchers and releases approved by the City Attorney, as follows:
Amount Payee Classification
$10,000.00 Mark Cramblit personal injuries
$10,000.00 Robert Paul Askins personal injuries
$10,000.00 Carl Glick personal injuries
$10,000.00 Tim Ferguson personal injuries
$ 2,421.60 plus all employment related costs/benefits Mark Cramblit retroactive wages
$ 1,243.52 plus all employment related costs/benefits Robert Paul Askins retroactive wages
$ 2,168.00 plus all employment related costs/benefits Carl Glick retroactive wages
$58,083.44 Mike Moore attorney fees/expenses
$46,083.44 Jami Oliver attorney fees/expenses
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 days after passage if the Mayor neither approves nor vetoes the same.