Explanation
Background:
This Ordinance is submitted to settle any and all claims related to the lawsuit known as Vernon Saulsbery v. City of Columbus, pending in the United States District Court for the Southern District of Ohio, Case No. 2:24-cv-1425, in the amount of One Hundred and Twenty Thousand Dollars and Zero Cents ($120,000.00). Mr. Saulsbery’s claims relate to recording taken of Mr. Saulsbery during the course of an administrative investigation while Mr. Saulsbery was employed by the City and claims the City discriminated against Mr. Saulsbery because of his age. Mr. Saulsbery filed a lawsuit in the United States District Court for the Southern District of Ohio alleging the City violated state and federal wiretap laws by recording him and discriminated against Mr. Saulsbery because of his age and this settlement is to avoid further litigation of such claims.
Fiscal Impact:
Funds were not specifically budgeted for this settlement; however, sufficient monies are available within the Street, Construction, Maintenance and Repair Fund, Fund 2265. Supplemental appropriation is necessary.
Emergency action is requested for this ordinance to be effective immediately in order for the parties to effectuate the settlement of Mr. Saulsbery’s claims against the City, which is in the best interest of the City, and to pay the agreed to sum without delay thereby mitigating any potential claim of further liability.
Title
To authorize and direct the City Attorney to settle the lawsuit known as Vernon Saulsbery v. City of Columbus, Case No. 2:24-cv-1425, pending in the United States District Court for the Southern District of Ohio; to appropriate funds within the Street, Construction, Maintenance and Repair Fund; to authorize the expenditure of the sum of One Hundred and Twenty Thousand Dollars and Zero Cents ($120,000.00) in settlement of the lawsuit; and to declare an emergency. ($120,000.00)
Body
WHEREAS, Vernon Saulsbery was employed by the City of Columbus in the Department of Public Service and resigned from his employment with the City on or around March 30, 2023; and
WHEREAS, a recording was taken of Mr. Saulsbery during the course of an administrative investigation while he was employed with the City; and
WHEREAS, Mr. Saulsbery filed a lawsuit in the United States District Court for the Southern District of Ohio, Case No. 2:24-cv-1425 alleging the City violated state and federal wiretap laws by unlawfully recording him and discriminated against him because of his age; and
WHEREAS, following the evaluation of the claims and the risk of continued litigation of the claims against the City, a settlement in the amount of One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00) to be paid by the City was deemed acceptable by the City of Columbus, Department of Public Service, along with a release of the City of Columbus and its employees from any further liability; and
WHEREAS, funds must be appropriated within the Street, Construction, Maintenance, and Repair Fund; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Service in that it is necessary for this ordinance to be effective immediately in order for the parties to effectuate the settlement, which is in the best interest of the City, and to pay the agreed to sum without delay thereby mitigating any potential claim of further liability; 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 Vernon Saulsbery’s employment with and separation from the City of Columbus by payment of One Hundred and Twenty Thousand Dollars and Zero Cents ($120,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That from the unappropriated monies and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ended December 31, 2025, the sum of $90,000.00 is appropriated in Fund 2265 (Street, Construction, Maintenance, and Repair), Dept-Div 5911 (Infrastructure Management), in Object Class 05 (Other Expenditures) per the account codes in the attachment to this ordinance.
Section 3. That the expenditure of $120,000.00, or so much thereof as may be needed, is hereby authorized as follows in the Street, Construction, Maintenance and Repair Fund, object classes 01 and 05 per the accounting codes in the attachment to this ordinance.
Section 4. That 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 Vernon Saulsbery as back wages; 2) the sum of $60,000.00, payable to Vernon Saulsbery for damages other than wages; and 3) the sum of $40,000.00 payable to the Law Offices of Gary A. Reeve, all 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 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.