Explanation
Background: This Ordinance authorizes the payment of a settlement in the lawsuit of William Anderson v. City of Columbus, et al., United States District Court Case No. C2-01-791.
Fiscal Impact: Sufficient monies have been set aside by the City to pay the amount of this claim.
Title
To authorize and direct the City Attorney to pay the settlement amount to Plaintiff William Anderson and James McNamara as his counsel, in the case of William Anderson v. City of Columbus, et al., United States District Court Case No. C2-01-791, to authorize the expenditure of the sum of Twenty-three Thousand, Five Hundred Dollars ($23,500.00), and to declare an emergency .
Body
WHEREAS, on March 6, 2001, in the vicinity of North Twentieth Street and Hildreth Avenue, an incident occurred involving Officers Mark DiLello and Brian Beavers, of the Columbus Division of Police, and William Anderson; and
WHEREAS, on that date and at that location, the officers believed an illegal activity was occurring, and Officer DiLello believed he needed to take action to prevent the destruction of evidence; and
WHEREAS, Officer DiLello used the force he believed necessary under the circumstances and detained William Anderson; and
WHEREAS, William Anderson alleges that he suffered injury due to the incident; and
WHEREAS, the officers, unable to find evidence to support an arrest, released William Anderson after a brief time; and
WHEREAS, a settlement in the amount of $23,500 is deemed reasonable, along with a dismissal of the lawsuit brought by William Anderson, and a release of Defendants from any further liability;
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, and that it is immediately necessary to pay this settlement thereby preserving 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 William Anderson v. City of Columbus, et al., United States District Court, Case No. C2 01 791, by the payment of $23,500.00 to James McNamara, counsel for William Anderson, as a reasonable and fair amount in the best interest of the City of Columbus.
Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the City of Columbus, Department of Police, General Fund 010, Department No. 30-03, OCA Code 301382, Object Level One 05, Object Level Three 5539.
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of $23,500.00 to James McNamara, counsel for William Anderson, upon receipt of a voucher and a release approved by the City Attorney.
Section 4. That for reasons stated in the preamble hereto, which is hereby made a part thereof, 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.