Explanation
Background: This ordinance is submitted to settle a claim for legal services rendered to a City employee in the lawsuit known as Andrew J. Neuens v. City of Columbus, et al., Case No. C2-99-1384, filed in the United States District Court for the Southern District of Ohio, Eastern Division.
Fiscal Impact: Although not specifically budgeted, funds are available for this settlement in the appropriate account.
Title
To authorize and direct the City Attorney to pay Attorney Robert L. Washburn for legal services rendered in the lawsuit of Andrew J. Neuens v. City of Columbus, et al., Case No. C2-99-1384, United States District Court for the Southern District of Ohio, Eastern Division, to authorize the expenditure of Fifty-six Thousand, Four Hundred Thirty-five Dollars and Forty-three Cents ($56,435.43) and to declare an emergency.
Body
WHEREAS, Andrew J. Neuens sued the City of Columbus and Officer Isaac Bridges in Case No. C2-99-1384, United States District Court for the Southern District of Ohio, Eastern Division and alleged that Officer Bridges violated Mr. Neuens' Constitutional rights in said lawsuit; and
WHEREAS, Officer Bridges was off duty and not performing any service for the City of Columbus at the time of said incident; and
WHEREAS, the City Attorney's Office declined to represent Officer Bridges as a result of his off-duty status at the time of the incident; and
WHEREAS, Officer Bridges employed Robert L. Washburn of the law firm of Cloppert, Latanick, Sauter & Washburn to defend him in said lawsuit; and
WHEREAS, said lawsuit has now been dismissed in favor of all defendants; and
WHEREAS, Robert L. Washburn, Esq., (Supreme Court Registration No. 0012004) has now presented a claim for payment of his legal services rendered; and
WHEREAS, the Ohio Supreme Court has construed the law of Ohio to be that a political subdivision owes a defense to an employee when the complaint or pleadings allege or reasonably imply that the employee was not acting manifestly outside the scope of his employment or official responsibilities: and
WHEREAS, the City Attorney has been able to negotiate a compromise of the claim presented by payment of the amount of Fifty-six Thousand, Four Hundred Thirty-five Dollars and Forty-three Cents ($56,435.43); and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Safety, Division of Police, in that it is immediately necessary to provide funds for the payment of this claim and statement of account to preserve 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 to compromise the claim by the payment of Fifty-six Thousand, Four Hundred Thirty-five Dollars and Forty-three Cents ($56,435.43) for services rendered in the case known as of Andrew J. Neuens v. City of Columbus, et al., Case No. C2-99-1384, United States District Court for the Southern District of Ohio, Eastern Division.
SECTION 2. That, for the purpose of paying this claim there exist funds that are hereby authorized to be paid from the General Fund 010, Division No. 30-03, OCA Code 301382, Object Level One - 05, Object Level Three - 5539, in the total amount of Fifty-six Thousand, Four Hundred Thirty-five Dollars and Forty-three Cents ($56,435.43).
SECTION 3. That the City Auditor be, and hereby is, authorized to draw a warrant in the sum of Fifty-six Thousand, Four Hundred Thirty-five Dollars and Forty-three Cents ($56,435.43), payable to Robert L. Washburn, upon the receipt of a voucher and a release approved by the City Attorney,
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 immediately after its passage and approval by the Mayor, or ten days after passage if the mayor neither approves nor vetoes the same.