Explanation
Background:
This Ordinance is submitted to settle the claims of Lonnie Henry (“Henry”) and K.G. (collectively, “Claimants”) in the amount of one million dollars and zero cents ($1,000,000.00). Henry is K.G’s father. Claimants allege that on October 12, 2023, Columbus Police Officers Jacob Jernigan and Colby Scott improperly removed 7-year-old K.G. from Henry’s care and gave him to his mother, Shadasia Gillyard, who did not have legal custody of him (the “Incident”). Claimants allege that Shadasia Gillyard failed to return K.G. to Henry, his custodial parent, for seven months. Claimants allege that Officers Jernigan and Scott recklessly subjected K.G. to months of danger and deprived both K.G. and Henry of their constitutional rights under the Fourth and Fourteenth Amendments. K.G. alleges constitutional injuries, actual physical bodily injuries, as well as mental anguish and emotional distress resulting from the actual physical injuries sustained due to the actions of the Columbus Police Officers. Henry alleges constitutional injuries, as well as mental anguish and emotional distress, including, without limitation, mental anguish and emotional distress resulting from another person’s bodily injury.
Fiscal Impact:
Funds were not specifically budgeted for this settlement; however, sufficient monies are available within the Department of Finance’s Citywide Account for this purpose.
Emergency action is requested for this ordinance to be effective immediately in accordance with the terms of the settlement of this claim, which is in the best interest of the City, and to pay the agreed to sum without delay.
Title
To authorize and direct the City Attorney to settle the claims of Lonnie Henry and K.G., a minor; to authorize the expenditure of the sum of one million dollars and zero cents ($1,000,000.00) in settlement of these claims; to authorize the transfer of $1,000,000.00 within the General Fund; and to declare an emergency. ($1,000,000.00)
Body
WHEREAS, Claimants allege that on October 12, 2023, Columbus Police Officers Jacob Jernigan and Colby Scott improperly removed 7-year-old K.G. from the care of his custodial parent, Lonnie Henry, and gave him to his mother, Shadasia Gillyard, who did not have legal custody of him (the “Incident”); and
WHEREAS, following the evaluation of the claims and the risk of continued litigation, a settlement in the amount of one million dollars and zero cents ($1,000,000.00) to be paid by the City of Columbus, was deemed acceptable by the City of Columbus, Department of Public Safety, in exchange for a release from Claimants of any claims or potential claims against the City of Columbus and any of its employees, agents, officials, including Jacob Jernigan and Colby Scott; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Safety, Division of Police, in that it is necessary for this ordinance to be effective immediately in order for the parties to effectuate the settlement of this lawsuit in accordance with terms of the agreement, which is in the best interest of the City, and to pay the agreed to sum without delay; 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 claims against the City of Columbus, its officers, agents, and employees, including Jacob Jernigan and Colby Scott arising out of the Incident, by payment of one million dollars and zero cents ($1,000,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That the transfer of $1,000,000.00, or so much thereof as may be needed, is hereby authorized between object classes within the General Fund from the Department of Finance’s Citywide account to the Department of Public Safety per the accounting codes in the attachment to this ordinance:
Section 3. That the expenditure of $1,000,000.00, or so much thereof as may be needed, is hereby authorized as follows in the General Fund, object class 05 per the accounting codes in the attachment to this ordinance:
Section 4. That, upon the receipt of a voucher and a release approved by the City Attorney, the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of one million dollars and zero cents ($1,000,000.00) payable as follows:
A. $450,000.00 payable to Cooper & Elliott, LLC IOLTA fbo Lonnie Henry. This settlement check will be delivered to Claimants’ counsel Barton R. Keyes of Cooper & Elliott, LLC.
B. $360,000.00 payable to Athene Qualified Assignment Corporation for a structured settlement annuity to fund the Periodic Payments fbo K.G This check shall be delivered to CW Settlements, 9040 Currier Road, Plain City, OH 43064.
C. $190,000.00 payable to Cooper & Elliott LLC IOLTA fbo K.G. This settlement check will be delivered to Claimants’ counsel Barton R. Keyes of Cooper & Elliott, LLC.
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.