BACKGROUND:
This legislation will authorize the City Attorney to reimburse Franklin County for its portion of legal representation costs arising out the case of State ex rel. Mallory v. Public Employment Retirement Fund. This case involves the extent to which the City and Franklin County must make OPERS contributions on behalf of certain employees of the Franklin County Public Defender's Office. The City and Franklin County negotiated an agreement authorized by City Council Ordinance 782-99 whereby the two entities would share legal expenses associated with this case. The payment authorized by this legislation is a partial payment under that agreement.
This legislation will further authorize the transfer of funds between object levels within the City Attorney's 2009 general fund budget in order to allow said payments.
FISCAL IMPACT:
There is sufficient appropriation within the City Attorney's 2009 general fund budget to allow reimbursement.
The following payments have been previously authorized:
Ordinance 1016-2004 $248,964.45
Ordinance 1477-2004 $ 68,440.22
Ordinance 2110-2005 $ 18,393.41
Ordinance 0327-2007 $ 13,363.20
Ordinance 1411-2007 $ 21,969.16
TOTAL $371,130.44
EMERGENCY
This ordinance is submitted as an emergency so as to expedite payment of this obligation.
Title
To authorize the City Attorney to reimburse Franklin County for the City's portion of legal representation costs associated with the case of State ex rel. Mallory v. Public Employment Retirement Fund in the amount of Fifty Thousand Dollars; to authorize the City Auditor to transfer Fifty thousand Dollars between object levels within the City Attorney's 2009 general fund appropriations; to authorize the City Attorney to expend said funds; and to declare an emergency. ($50,000.00)
Body
WHEREAS, the City of Columbus and Franklin County entered into an agreement authorized by ordinance 782-99 to share in the costs of legal representation associated with the case of State ex rel. Mallory v. Public Employment Retirement Fund; and
WHEREAS, it is necessary to reimburse Franklin County in accordance with this agreement; and
WHEREAS, Franklin County personnel have estimated there will be Fifty Thousand Dollars ($50,000.00) in legal fees to be paid in 2009; and
WHEREAS, sufficient appropriation has been identified within object level one 01 of the City Attorney's general fund appropriations that can be transferred to object level one 05 to facilitate this reimbursement; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the transfer of said funds and to authorize the City Attorney to pay Franklin County so that such reimbursement can be made without delay, for the 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 to reimburse Franklin County for the City's portion of legal representation costs associated with the case of State ex rel. Mallory v. Public Employment Retirement Fund in the amount of Fifty Thousand Dollars ($50,000.00).
SECTION 2. That the City Auditor be and hereby is authorized to transfer the sum of Fifty Thousand Dollars ($50,000.00) within the City Attorney's general fund appropriations, department 24-01, fund 010, organizational code accounting code 240101, from object level one 01, object level three 1000 to object level one 05, object level three 5539.
SECTION 3. That the amount of Fifty Thousand Dollars ($50,000.00) be and hereby is authorized to be expended from the City Attorney's Office, Department 24-01, fund 010, organizational code accounting code 240101, object level three 5539 upon receipt of invoices from Franklin County.
SECTION 4. That said funds shall be paid upon order of the City Attorney and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
SECTION 5. 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 after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.