Explanation
Background:
This Ordinance is submitted to settle any and all claims related to the lawsuit known as Samuel McKenzie v. City of Columbus, pending in the United States District Court for the Southern District of Ohio, Case No. 2:23-cv-2999, in the amount of Forty Thousand Dollars and Zero Cents ($40,000.00). Mr. McKenzie’s claims relate to his employment with the City and claims the City discriminated against him based on his race and retaliated against him for engaging in protected activity. Mr. McKenzie filed a lawsuit in the United States District Court for the Southern District of Ohio alleging the City violated state and federal anti-discrimination and retaliation laws and this settlement is to avoid further litigation of such claims. ($40,000.00)
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 order for the parties to effectuate the settlement of Mr. McKenzie’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 Samuel McKenzie v. City of Columbus, Case No. 2:23-cv-2999, pending in the United States District Court for the Southern District of Ohio; to authorize the expenditure of the sum of Forty Thousand Dollars and Zero Cents ($40,000.00) in settlement of the lawsuit; and to declare an emergency. ($40,000.00)
Body
WHEREAS, Samuel McKenzie is employed by the City of Columbus in the Department of Public Service; and
WHEREAS, Mr. McKenzie filed a lawsuit in the United States District Court for the Southern District of Ohio, Case No. 2:23-cv-2999 alleging the City discriminated against him due to his race by not promoting him, denying him a merit raise, and retaliating against him for filing an EEO complaint; 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 Forty Thousand Dollars and Zero Cents ($40,000.00) 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, 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; and 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 Samuel McKenzie’s employment with the City of Columbus by payment of Forty Thousand Dollars and Zero Cents ($40,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
SECTION 2. That the transfer of $40,000.00, 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 Service per the accounting codes in the attachment to this ordinance.
SECTION 3. That the expenditure of $40,000.00, 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 the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of $40,000.00 payable to both Samuel McKenzie and Kemp, Schaeffer & Rowe, L.P.A. for damages other than wages and for attorney’s fees, 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.