Explanation
BACKGROUND: This ordinance is submitted to settle the lawsuit known as Robert Beck, Executor of the Estate of Goldie M. Beck, Deceased v. City of Columbus, Franklin County Court of Common Pleas, Case No. 05CVA-02-1400 in the amount of $100,000.00.
FISCAL IMPACT: Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the appropriate account to pay the amount of this settlement that will cost $100,000.00.
Title
To authorize and direct the City Attorney to settle the lawsuit of Robert Beck, Executor of the Estate of Goldie M. Beck, Deceased v. City of Columbus, Franklin County Court of Common Pleas, Case No. 05CVA-02-1400, to authorize the City Auditor to transfer $100,000.00 within the general fund from the Department of Finance and Management to the Department of Public Safety, Division of Fire, to authorize the expenditure of the sum of One Hundred Thousand and No/100 Dollars ($100,000.00), payable as specified in Section 3, and to declare an emergency.
Body
WHEREAS, on May 27, 2000, Columbus paramedics were sent to the home of Goldie M. Beck, who complained of intermittent chest pain and refused transportation to a hospital; and
WHEREAS, the paramedics did not follow the requirements of the Division of Fire's General Transport Policy, and Mrs. Beck died from a heart attack soon after the paramedics left her home; and
WHEREAS, it is in the best interests of the City to settle this case for a total of $100,000.00; and
WHEREAS, sufficient funds are available within the Finance Department's citywide account to cover this settlement; 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 in a timely manner 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 Robert Beck, Executor of the Estate of Goldie M. Beck, Deceased v. City of Columbus, Franklin County Court of Common Pleas, Case No. 05CVA-02-1400, by the payment of $100,000.00, 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 $100,000.00 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 Fire, department/division 30-04, object level one - 05, Object Level Three - 5533, OCA 301481.
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 Fire, Division Number 30-04, OCA Code 301481, Object Level One 05, Object Level Three 5533, Fund No. 010, $100,000.00.
Section 4. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of $100,000.00 payable to Robert Beck, Executor of Goldie M. Beck and his attorney, Jason A. Blue, upon receipt of a voucher and a release approved by the City Attorney.
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 days after passage if the Mayor neither approves nor vetoes the same.