Explanation
BACKGROUND: This ordinance is submitted to settle the lawsuit known as James Starr v. Daniel Bolt, et al., United States District Court, Southern District of Ohio, Eastern Division, Case No. C2-04-802 in the amount of $40,000.00.
FISCAL IMPACT: Funds were not specifically budgeted for this settlement; however, sufficient monies are available within Finance's citywide account for this purpose.
Title
To authorize and direct the City Attorney to settle the lawsuit of James Starr v. Daniel Bolt, et al., United States District Court, Southern District of Ohio, Eastern Division, Case No. C2-04-802, to authorize the transfer of Forty Thousand Dollars ($40,000.00) within the general fund from the Department of Finance to the Department of Public Safety, Division of Police, to authorize expenditure of the sum of Forty Thousand Dollars ($40,000.00), and to declare an emergency.
Body
WHEREAS, James Starr was arrested on December 31, 2003, by two Columbus Police Officers at a restaurant at 1770 Hilliard-Rome Road, in Columbus for disorderly conduct, assault on a police officer, and resisting arrest; and
WHEREAS, those charges were dismissed, because of technical problems with how the charges were filed; and
WHEREAS, it is in the best interests of the City to settle this case for a total of $40,000.00; and
WHEREAS, sufficient funds are available within the Finance Department's citywide account to cover this settlement; and,
WHEREAS, by reason of the foregoing an emergency exists in the usual daily operations of the City and it would be to the City's best interest to compromise and settle this matter at the earliest possible date 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 lawsuit of James Starr v. Daniel Bolt, et al., United States District Court, Southern District of Ohio, Eastern Division, Case No. C2-04-802, by the payment of $40,000.00, as a reasonable and fair amount in the best interests of the City of Columbus.
Section 2. That the City Attorney be and hereby is authorized and directed to transfer $40,000 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, Division of Police, department/division 30-03, object level 1-05, object level 3-5539, OCA 301382.
Section 3. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the Department of Public Safety, Division of Police, Division No. 30-03, OCA Code 301382, Object Level One 05, Object Level Three 5539, and Fund No. 010 the sum of $40,000.00.
Section 4. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of $40,000.00 payable to James Starr and his attorney, Fred Gittes, upon receipt of a voucher and a release approved by the City Attorney.
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.