Explanation
This Ordinance is submitted to settle the lawsuit known as Walter Wulf, et al. v. City of Columbus, et al., Case No. C2-07-527 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Seventy-Five Thousand and No/100 Dollars ($75,000.00). On May 9, 2006, the plaintiff, Walter Wulf, was bitten by a police deployed canine during the search of a warehouse. Mr. Wulf, as it turns out, was an employee of the warehouse and was authorized to be in the building. He suffered injury to his left arm and back.
With the passage of this legislation and subequent payment of this settlement, along with other smaller claims known at this time, the Division of Police will have used its entire 2008 budget of $225,000 for the settlement of claims. A total of $25,000 is requested to be transferred from the Finance Department's citywide account to the Division of Police to cover small claims settled on its behalf by the City Attorney's Office. Any further large settlements this year will require additional transfers from the citywide account.
Title
To authorize and direct the City Attorney to pay the settlement amount to Law Offices of Daniel R. Mordarski, LLC, counsel for Mr. Wulf, in the case of Walter Wulf, et al. v. City of Columbus, et al., pending in the United States District Court for the Southern District of Ohio, Eastern Division; to authorize the expenditure of the sum of Seventy-Five Thousand and No/100 Dollars; to authorize the City Auditor to transfer $25,000 within the General Fund from the Department of Finance and Management to the Department of Public Safety, Division of Police, and to declare an emergency ($75,000.00).
Body
WHEREAS, on May 4, 2005, the plaintiffs filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 07CVC-05-6102, against the City of Columbus and Officers Carlson, Ward, and Vass and Sgt. Zoretic; the case was subsequently removed to the United States District Court for the Southern District of Ohio, Case No. C2-07-527. The plaintiffs alleged a violation of their rights under the 4th and 14th Amendments and under the laws of the State of Ohio;
WHEREAS, following the evaluation of plaintiffs' 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 lawsuit with prejudice and a release of the City of Columbus and its employees from further liability;
WHEREAS, funds need to be transferred from the Department of Finance and Management's citywide account to the Department of Public Safety, Division of Police, to cover small claims settled by the City Attorney's Office on its behalf for the remainder of the year; and
WHEREAS, by reason of the foregoing, and in order to avoid the possible payment of interest, an emergency exists in the usual daily operation of the City and for further preservation of the public health, peach, 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 Walter Wulf v. City of Columbus, et al., Case No. C2-07-527 in the United States District Court for the Southern District of Ohio, Eastern Division, by the payment of $75,000.00 as a reasonable and fair amount in the best interests of the City of Columbus.
SECTION 2. That the City Auditor be and hereby is authorized and directed to transfer $25,000 within the General Fund, Fund no. 010 from the Department of Finance and Management, Department/Division 45-01, Object level one -10, Object level three - 5501, OCA 904508 to the Department of Public Safety, Division of Police, Department/Division 30-03, Object level one - 05, Object level three - 5539, OCA Code 301382.
SECTION 3. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the City of Columbus, Department of Public Safety, Division of Police, Division Number 30-03, OCA Code 301382, Object Level One 05, Object Level Three 5569, Fund No. 010.
SECTION 4. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney in the amount of $75,000.00 and to make payable to Law Offices of Daniel R. Mordarski, LLC.
SECTION 5. 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 day after passage if the Mayor neither approves nor vetoes the same.