Explanation
This Ordinance is submitted to settle the lawsuits known as Laura Studevant v. City of Columbus, Department of Health, Case No. 07-CA-0026 before the Columbus Civil Service Commission, Laura Studevant v. City of Columbus, Department of Health, Charge No. COL71 (35788) 0602208, before the Ohio Civil Rights Commission and Laura Studevant v. City of Columbus Redetermination No. 21565090, before the Ohio Department of Job and Family Services Unemployment Compensation Review Commission, in the amount of Forty-Seven Thousand Five Hundred and No/100 Dollars ($47,500.00). Ms. Studevant is a former employee of the Department of Health. Her employment was terminated on December 18, 2007, for violations of the City's Central Work Rules. Ms. Studevant appealed her termination to the Columbus Civil Service Commission, filed a charge of discrimination with the OCRC asserting she was discriminated against because of her gender and has filed for unemployment.
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 Laura Studevant in the cases of Laura Studevant v. City of Columbus, Department of Health, pending before the Columbus Civil Service Commission, Laura Studevant v. City of Columbus - Department of Public Health, pending before the Ohio Civil Rights Commission and Laura Studevant v. City of Columbus , pending before the Ohio Department of Job and Family Services Unemployment Compensation Review Commission, in the amount of Forty-Seven Thousand Five Hundred and No/100 Dollars ($47,500.00).
Body
WHEREAS, on December 28, 2007, Laura Studevant filed an appeal with the Columbus Civil Service Commission, Case No. 07-CA-0026 against the City of Columbus, Department of Health in which she alleged her termination of employment was improper and violated the City's policy of following progressive discipline; and on June 2, 2008, Laura Studevant filed a charge of discrimination with the Ohio Civil Rights Commission, Charge No. COL71 (35788) 0602208 against the City of Columbus, Department of Health in which she alleged she had been harassed and treated differently than similarly situated male employees because of her gender; and on Decembet 19, 2007, filed a claim for unemployment compensation;
WHEREAS, following the evaluation of Ms. Studevant's claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, the settlement amount was deemed acceptable by the City of Columbus, along with dismissal of the lawsuits with prejudice and a release of the City of Columbus and its employees from further liability; and,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That the City Auditor be and is hereby authorized and directed to transfer $47,500 within the General Fund, Fund 010 from Dept./Div. #45-01 Finance and Management Department; Object Level 1 10; Object Level 3 5501; OCA 904508 to Dept./Div. #50-01, Health Department, Object Level 1 10, Object Level 3 5501; OCA 900068.
Section 2. That the City Auditor be and is hereby authorized and directed to transfer $47,500 from the General Fund, Fund 010 from Dept./Div. #50-01 Health Department; Object Level 1 10; Object Level 3 5501; OCA 900068 to the Health Operating Fund, Fund 250.
Section 3. That the City Auditor be and is hereby authorized and directed to appropriate $7,500 to the Health Department, Health Operating Fund, Fund 250, Object Level 1 05, Object Level 3 5569, OCA 500298 and $40,000 to the Health Department, Health Operating Fund, Fund 250, Object Level 1 01, Object Level 3 1101, OCA 500298.
Section 4. That the City Attorney be and hereby is authorized and directed to settle the lawsuits of Laura Studevant v. City of Columbus, Department of Health, Case No. 07-CA-0026 before the Columbus Civil Service Commission, Laura Studevant v. City of Columbus, Department of Health, Charge No. COL71 (35788) 0602208, before the Ohio Civil Rights Commission and Laura Studevant v. City of Columbus Redetermination No. 21565090, before the Ohio Department of Job and Family Services Unemployment Compensation Review Commission, by the payment of $47,500.00 as a reasonable and fair amount in the best interests of the City of Columbus.
Section 5. That for the purposes of paying this settlement, there be and hereby is authorized to be expended $40,000.00 by the City of Columbus, Department of Health, Division Number 50-01, OCA Code 500298, Object Level One 01, Object Level Three 1101, Fund No. 250 and $7,500.00 by the City of Columbus, Department of Health, Division Number 50-01, OCA Code 500298, Object Level One 05, Object Level Three 5569, Fund No. 250.
Section 6. That the City Auditor be and is hereby authorized to draw two warrants upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney; one in the amount of $40,000.00 and made payable to Laura Studevant and the other in the amount of $7,500.00 and made payable to Robert K. Handelman, counsel for Laura Studevant.
Section 7. That this ordinace shall take effect and be enforce from and after the earliest period allowed by law.