Explanation
BACKGROUND: This Ordinance is submitted to settle the lawsuit known as Susan Parsley v. City of Columbus, Case No. 2:05-cv-229 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of one hundred forty thousand dollars ($140,000.00). Ms. Stover is a former employee of the City. Ms. Stover's employment was terminated on December 27, 2004 for being absent without leave after the City determined she was not eligible for Family and Medical Leave Act (FMLA) leave. This determination was erroneous. In her lawsuit against the City, Ms. Stover claims the City willfully interfered with her rights under the FMLA when it failed to designate her leave as FMLA leave resulting in her termination of employment. Ms. Stover also claimed the City failed to accommodate her disability and discriminated and retaliated against her in violation of Ohio Revised Code Chapter 4112.
FISCAL IMPACT: Funds have not been specifically budgeted for this settlement but are available in the appropriate amount.
Title
To authorize and direct the City Attorney to settle the claims brought by Susan Stover (formerly Susan Parsley) against the City of Columbus in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:05-cv-229, to authorize the City Auditor to transfer $140,000.00 within the general fund from the Department of Finance and Management to the Department of Public Safety, Division of Police, to authorize the expenditure of the sum of One Hundred Forty Thousand and 00/100 Dollars ($140,000.00) in settlement of this lawsuit, and to declare an emergency. ($140,000.00)
Body
WHEREAS, on March 14, 2005, Susan Stover (formerly Susan Parsley) filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:05-cv-229 against the City of Columbus, in which she claimed violations of her rights under the Family Medical Leave Act (FMLA) and violations of state law;
WHEREAS, following the evaluation of Plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, the settlement amount was deemed acceptable by the City of Columbus, along with dismissal of the lawsuit with prejudice and a release of the City of Columbus and its employees from any further liability; and,
WHEREAS, sufficient funds are available within the Finance Department's citywide account to cover this settlement; and,
WHEREAS, by reason of the foregoing, and in order to avoid the possible payment of interest, an emergency exists in the usual daily operation of the City 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 all claims against the City of Columbus, its officers, agents, and employees pending in the case known as Susan Parsley v. City of Columbus, Case No. 2:05-cv-229, in the United States District Court for the Southern District of Ohio, Eastern Division, by payment of the total of $140,000.00 as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That the City Auditor be and hereby is authorized and directed to transfer $140,000.00 within the general fund, 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, as follows:
object level one object level three OCA Amount
01 1128 300806 $10,000.00
03 3324 300806 58,825.53
05 5569 300806 71,174.47
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, as follows:
object level one object level three OCA Amount
01 1128 300806 $10,000.00
03 3324 300806 58,825.53
05 5569 300806 71,174.47
Section 4. That the City Auditor be and is hereby authorized to draw warrants upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney payable in the following manner: $10,000 representing income loss subject to all withholding and deductions to Susan Stover, Plaintiff; $71,174.47 to Susan Stover, Plaintiff; and 58,825.53 to Mike Moore, counsel for Plaintiff.
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 day after passage if the Mayor neither approves nor vetoes the same.