Explanation
BACKGROUND: This ordinance is submitted to settle the lawsuit known as Rodney Burbridge v. Officer Robert Forsythe, United States District Court Case No. C-2-00-209, in the amount of $50,000.00.
Title
To authorize and direct the City Attorney to settle the lawsuit of Rodney Burbridge v. Officer Robert Forsythe, United States District Court, Case No. C-2-00-209, to authorize the expenditure of $50,000.00, and to declare an emergency.
Body
WHEREAS, on March 20, 1995, at approximately 5:30 PM near the intersection of Fairwood and Livingston Avenues, an incident occurred involving Officer Robert Forsythe, of the Columbus Division of Police, and Rodney Burbridge (a minor at the time); and
WHEREAS, on that date and at that location Rodney Burbridge was a front-seat passenger in an automobile driven by his brother Robert Burbridge, who was intoxicated, and that automobile became involved in a car accident with Columbus Police Sgt. Susan Lowe, who was in her personal car and in plain clothes; and
WHEREAS, subsequent to the accident, Robert Burbridge attempted to flee the accident scene, and became involved in an altercation with Sgt. Lowe, who was attempting to stop him from fleeing; and
WHEREAS, Officer Forsythe and Columbus Police Sgt. John Sullivan, who were also in plain clothes, saw the altercation, feared for the safety of Sgt. Lowe, and came to her assistance; and
WHEREAS, Robert Burbridge placed his car in drive, and attempted to speed away from the scene, during which time the car was driven at Officer Forsythe, who had by that time positioned himself in front of the car to assist Sgt Lowe. The car came at Officer Forsythe, and he believed the car was going to hit him; and
WHEREAS, Officer Forsythe believed his life was in danger and therefore fired his firearm at the driver of the vehicle, Robert Burbridge. However, the bullet as well as shards of glass from the car window hit the passenger, Rodney Burbridge; and
WHEREAS, as a result of the incident and the gunshot Rodney Burbridge was wounded by Officer Forsythe's bullet in the hand, and his eye was punctured by the glass; and
WHEREAS, a settlement in the amount of $50,000.00 with Rodney Burbridge is deemed reasonable, along with a dismissal of the lawsuit by Rodney Burbridge, and a release of Defendants from any further liability; and
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 Rodney Burbridge et al. v. Officer Robert Forsythe, United States District Court, Case No. C-2-00-209, by the payment of $50,000.00 to Rodney Burbridge 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, OAC Code 301382, Object Level (1) 05, Object Level (3) 5535.
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of $50,000.00 to Rodney Burbridge and his attorneys, John A. Yaklevich and Jeffrey Moore, 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.