Explanation
This legislation will authorize the City Attorney to reimburse Franklin County for its portion of legal representation costs arising out the case of State ex rel. Mallory v. Public Employment Retirement Fund. This case, commonly referred to as the Mallory 2 appeal, involves the extent to which the City and Franklin County must make OPERS contributions on behalf of certain employees of the Franklin County Public Defender's Office. The City and Franklin County negotiated an agreement whereby the two entities would share legal expenses associated with this case. Franklin County personnel have estimated there is approximately $13,363.20 estimated legal fees remaining to be paid in the Mallory 2 appeal.
Three prior payments in the total amount of $355,798.08 have been authorized:
1016-04 $248,964.45
1477-04 $68,440.22
2110-05 $18,393.41
Title
To authorize the City Attorney to reimburse Franklin County for the City's portion of legal representation costs associated with the case of State ex rel. Mallory v. Public Employment Retirement Fund in the amount of $13,363.20, to authorize the transfer of the $13,363.20 from the Finance and Management citywide account to the City Attorney's Office; to authorize the expenditure of same; and to declare an emergency. ($13,363.20)
Body
WHEREAS, the City of Columbus and Franklin County entered into an agreement to share in the costs of legal representation associated with the case of State ex rel. Mallory v. Public Employment Retirement Fund; and
WHEREAS, Franklin County personnel have estimated there is approximately Thirteen Thousand Three Hundred Sixty-three and 20/100 Dollars ($13,363.20) in legal fees remaining to be paid; and
WHEREAS, it is necessary to reimburse Franklin County in accordance with this agreement; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the City Attorney to pay Franklin County so that such reimbursement can be made without delay, for the 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 he is hereby authorized to reimburse Franklin County in the amount of Thirteen Thousand Three Hundred Sixty-three and 20/100 Dollars ($13,363.20) for the City's portion of legal representation costs associated with the case of State ex rel. Mallory v. Public Employment Retirement Fund.
SECTION 2. That the amount of Thirteen Thousand Three Hundred Sixty-three and 20/100 Dollars ($13,363.20) is hereby transferred as follows:
FROM: Finance and Management Department, department 4501, general fund, fund number 010, organizational cost account 904508, object level three 5501.
TO: City Attorney's Office, department 2401, general fund, fund number 010, organizational cost account 240101, object level three 5539.
SECTION 3. That said funds shall be paid upon order of the City Attorney and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
SECTION 4. 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.