Explanation
BACKGROUND: The case of Estate of Donovan Lewis v. Anderson, et al., Case No. 23CV001021, pending in the Common Pleas Court of Franklin County, OH, was filed on February 16, 2023, and names Columbus Police Officers and the City of Columbus as defendants. Due to a potential conflict of interest, it was necessary for the City Attorney’s office to retain outside counsel to represent the individual officer. The City Attorney’s office entered into a special legal counsel contract with David A. Goldstein, Co., LPA on September 8, 2023. It is now necessary to modify that contract to add funding in order to continue to provide the statutorily required representation.
FISCAL IMPACT: This contract modification will be funded by the Department of Public Safety. The amount of this contract modification is $200,000.00. Funds will be transferred between object classes within the General Fund. There is sufficient budget authority available in the Department of Public Safety's 2024 General Fund Budget to fund the transfer.
EMERGENCY DESIGNATION: Emergency action is requested as funds are needed immediately to ensure these services can continue without interruption.
COMPANY: David A. Goldstein, Co., LPA, vendor 005953
Title
To authorize the City Attorney to modify an existing contract for special legal counsel with David A. Goldstein, Co., LPA, for the case of Estate of Donovan Lewis v. Anderson, et al., Case No. 23CV001021, pending in the Common Pleas Court of Franklin County, OH; to authorize the City Auditor to transfer $200,000.00 between object classes within the General Fund to align budget authority for this expenditure; to authorize the expenditure of $200,000.00 from the General Fund; and to declare an emergency. ($200,000.00)
Body
WHEREAS, due to a conflict of interest, the City Attorney has a need for special legal services with regard to the case of Estate of Donovan Lewis v. Anderson, et al., Case No. 23CV001021, pending in the Common Pleas Court of Franklin County, OH; and
WHEREAS, the City Attorney and David A. Goldstein, Co., LPA entered into a special counsel contract on September 8, 2023 to provide special legal services on behalf of the City Attorney and the Department of Public Safety with regard to matters pertaining to the litigation; and
WHEREAS, this modification will provide for continuation of those services; and
WHEREAS, the Department of Public Safety has determined that additional funds are needed for this modification; and
WHEREAS, the Department of Public Safety has a need to transfer $200,000.00 between object classes within the 2024 General Fund Budget. Funds for this transfer have been identified and are available in Division 3001, Object Class 01 (Personnel); and
WHEREAS, an emergency exists in the usual daily operation of the City Attorney's Office in that it is necessary to authorize the City Attorney to modify the contract with David A. Goldstein, Co., LPA immediately in order to facilitate payment of unpaid legal bills and provide for uninterrupted services in their representation, for the immediate preservation of the public peace, health, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Attorney is hereby authorized and directed to modify the contract entered into on September 8, 2023 with David A. Goldstein, Co., LPA for special legal counsel to provide special legal services to the City Attorney and the Department of Public Safety with regard to the case of Estate of Donovan Lewis v. Anderson, et al., Case No. 23CV001021, pending in the Common Pleas Court of Franklin County, OH.
SECTION 2. That for the purposes stated in Section 1, the amount of two hundred thousand dollars ($200,000.00) or so much thereof as may be necessary, be and is hereby authorized in Fund 1000 General Fund, Object Class 03 Purchased Services per the accounting codes in the attachment to this ordinance.
SECTION 3. That the transfer of $200,000.00 or so much thereof as may be needed, is hereby authorized between object classes within Fund 1000 General Fund per the accounting codes in the attachment to this ordinance.
SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 5. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 6. That for the reasons stated in the preamble hereto which are 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 signature by the Mayor, or within 10 days thereafter if the Mayor neither signs nor vetoes the same.