Explanation
Explanation:
The Ordinance authorizes the payment of a settlement including attorney fees in the lawsuit of Douglas R. Parks v. City of Columbus, et al., in the United States District Court for the Southern District of Ohio, Case No. C2-03-489, in the amount of Eighty-Eight Thousand Five Hundred and No/100 Dollars ($88,500.00).
Fiscal Impact:
The 2005 budget includes $1,000,000 for settlements and legal services within Finance's citywide account. After this settlement is paid, $736,500 will remain for these expenses.
Title
To authorize and direct the City Attorney settle the claims of Douglas R. Parks and his attorney for fees in the case of Douglas R. Parks v. City of Columbus, et al., Case No. C2-03-489 in the United States District Court for the Southern District of Ohio, to authorize the transfer of Eighty-Eight Thousand Five Hundred and No/100 Dollars ($88,500.00) within the general fund from the Department of Finance to the Department of Public Safety, Division of Police and to authorize the expenditure of the sum of Eighty-Eight Thousand Five Hundred and No/100 Dollars ($88,500.00) and to declare an emergency.
Body
WHEREAS, Douglas R. Parks wished to proclaim his religious beliefs at the Columbus Arts Festival in 2002; and,
WHEREAS, the Columbus Arts Festival believed that they had the authority to ask Mr. Parks to move to an area outside of the restricted areas for the Columbus Arts Festival; and,
WHEREAS, a Columbus Police Officer working security for the Arts Festival requested that Mr. Parks move to the designated area; and,
WHEREAS, Mr. Parks was advised that he would be arrested if he did not move; and,
WHEREAS, Mr. Parks sued the City of Columbus for a claimed violation of his First Amendment Rights in the United States District Court; and,
WHEREAS, the City of Columbus prevailed in the lawsuit in the United States Court for the Southern District of Ohio; and,
WHEREAS, the United States Court of Appeals for the Sixth Circuit reversed the finding of the lower Court and entered final judgment for Mr. Parks; and,
WHEREAS, the City Attorney has been able to negotiate a settlement including the payment of attorney fees for Mr. Parks and his attorney, Nathan W. Kellum; and,
WHEREAS, the settlement figure is a fair and reasonable sum to resolve this court action; 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 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 Auditor be and hereby is authorized and directed to transfer $88,500 within the general fund, fund no. 010 from the Finance Department, department/division 45-01, object level 1-10, object level 3 - 5501, OCA 904508, to the Department of Public Safety, Division of Police, department/division 30-03, object level 1 - 05, object level 3 - 5569, OCA - 301382.
Section 2. That the City Attorney be and hereby is authorized and directed to settle Case No. C2-03-489 United States District Court For The Southern District of Ohio by the payment of One Thousand Dollars ($1,000.00) to Douglas R. Parks and Eighty-Seven Thousand, Five Hundred Dollars ($87,500.00) to his attorney Nathan W. Kellum.
Section 3. That for the purposes of paying this settlement, there be and hereby is authorized to be expended from the Department of Public Safety, Division of Police, department/division Number 30-03, OCA Code 301382, Object Level 1-05, Object Level 3-5569, Fund No. 010, the sum of Eighty-Eight Thousand, Five Hundred Dollars ($88,500.00).
Section 4. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of Eighty-Eight Thousand, Five Hundred Dollars ($88,500.00), $1,000 payable to Douglas R. Parks, and a warrant upon the City Treasurer in the amount of $87,500.00 payable to Nathan W. Kellum, upon receipt of Release of Claims 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.