Explanation
This Ordinance is submitted to settle the lawsuit known as Jennifer Otero v. David Wood, et al., Case No. C2-02-478 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00). During the evening of April 21, 2001, the plaintiff, Jennifer Otero, was allegedly struck with a wooden baton round as the police attempted to clear a large, unruly crowd that had congregated on Norwich Avenue in the campus area. The plaintiff suffered an injury to her head, for which she continues to receive medical treatment and there are indications of a possible long-term effect. The plaintiff claims a violation of her rights under the Fourth Amendment.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however, sufficient monies are available within Finance's citywide account for this purpose. The 2004 budget included $1,080,000 in the citywide account for claims and settlements. Two settlements have been paid to date totaling $423,694.54. After this settlement is paid, only $406,035.46 of the orginal appropriation for claims and settelments will remain.
Title
To authorize and direct the City Attorney to pay the settlement amount to Jennifer Otero and Charles Bendig, counsel for plaintiff, in the case of Jennifer Otero v. David Wood, et al., United States District Court Case No. C2-02-478, to authorize the transfer of $250,000 within the general fund from the Department of Finance to the Department of Public Safety, Division of Police, and to authorize expenditure of the sum of Two Hundred Fifty Thousand Dollars ($250,000.00).
Body
WHEREAS, on April 12, 2002, the plaintiff filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-02-478, against the City of Columbus and members of the Columbus Division of Police in which she claimed a violation of her Fourth Amendment right to be free from the use of excessive force;
WHEREAS, following investigation and evaluation of plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter during a settlement conference which was ordered, and presided over, by the United States District Court Judge. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation, the settlement amount was deemed acceptable by the City of Columbus, along with the dismissal of the lawsuit with prejudice and a release of the City of Columbus and its employees from further liability;
WHEREAS, sufficient funds are available within the Finance Department's citywide account to cover this settlement; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That the City Auditor be and is hereby authorized and directed to transfer $250,000 within the general fund, fund no. 010 from the Finance Department, department/division 45-01, object level 1 - 10, object level 3 - 5501, oca 904508 to the Department of Public Safety, Divison of Police, department/division 30-03, object level 1 -05, object level 3 - 5539, oca 300301.
Section 2. That the City Attorney be and hereby is authorized and directed to settle the lawsuit of Jennifer Otero v. David Wood, et al., United States District Court Case No. C2-02-478, by the payment of $250,000.00 to Jennifer Otero and Charles Bendig, counsel for Ms. Otero, as a reasonable and fair amount in the best interests of the City of Columbus.
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 300301, Object Level One 05, Object Level Three 5539, 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 $250,000.00 payable to Jennifer Otero and Charles Bendig, counsel for Jennifer Otero.
Section 5. That for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance shall take effect and be in force from and after the earliest period allowed by law.