Title
To authorize and direct the City Attorney to settle the claim of Anthony Edwards and to authorize the expenditure of the sum of Fifty-seven Thousand Five Hundred Dollars ($57,500.00) in settlement of this claim, and to authorize the City Auditor to transfer Fifty-seven Thousand Five Hundred Dollars ($57,500.00) within the General Fund from the Department of Finance and Management to the Department of Public Safety, Division of Police.
Explanation
This ordinance is submitted to settle the claim of Anthony Edwards against the City of Columbus for having been wrongfully imprisoned for 28 days in the Franklin County Jail. This settlement includes not only Mr. Edwards' damages, but also his attorney fees.
Body
WHEREAS, on July 31, 2007, Columbus police responded to a domestic violence call at 1668 Ashlawn Avenue; and,
WHEREAS, Mrs. Edwards presented the officers with a copy of a Temporary Restraining Order signed by Judge Priesse of the Franklin County Court of Domestic Relations; and,
WHEREAS, the officers believed the Temporary Restraining Order to be a Civil Protective Order; and,
WHEREAS, the violation of a Temporary Restraining Order is contempt of court, but not a criminal offense, as a violation of a Civil Protective Order is; and,
WHEREAS, an arrest warrant for Anthony Edwards was issued; and,
WHEREAS, Mr. Edwards turned himself in to the Franklin County Sheriff on January 23, 2008; and,
WHEREAS, he was incarcerated in the Franklin County Jail for 28 days; and,
WHEREAS, his case was dismissed by the Columbus City Attorney when it was realized that Mr. Edwards had not committed a crime; and,
WHEREAS, Mr. Edwards has submitted a claim for injury and damages as a result of his illegal incarceration; and,
WHEREAS, it is in the best interests of the City of Columbus to settle this claim in the total amount of Fifty-seven Thousand Five Hundred Dollars ($57,500.00) and for further preservation of 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 claim of Anthony Edwards by the payment of Fifty-seven Thousand Five Hundred Dollars ($57,500.00).
SECTION 2. That the City Auditor be, and hereby is, authorized and directed to transfer Fifty-seven Thousand Five Hundred Dollars ($57,500.00) within the General Fund No. 010 from the Department of Finance and Management, Department/Division 45-01, Object level one - 10, Object level three - 5501, OCA 904508 to the Department of Public Safety, Division of Police, Department/Division 30-03, Object level one - 05, Object level three - 5569, OCA Code 301382.
SECTION 3. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the City of Columbus, Department of Public Safety, Division of Police, Division Number 30-03, OCA Code 301382, Object Level one - 05, Object Level three 5569, Fund No. 010.
SECTION 4. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney in the amount of Fifty-seven Thousand Five Hundred Dollars ($57,500.00), payable to Anthony Edwards and his attorneys, DAVID A. GOLDSTEIN COMPANY, LPA.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.