Explanation
Background:
This Ordinance is submitted to settle the lawsuit captioned Sierra Simmons v. City of Columbus, et al., United States District Court Case No. 2:24-cv-1550, in the amount of Two Hundred and Ten Thousand Dollars and No Cents ($210,000).
The lawsuit was brought by Plaintiff Sierra Simmons against the City of Columbus and police officers Chase Rogers and Randall Beam. The lawsuit arises out of the April 3, 2023 detention and arrest of Simmons. On or about April 3, 2023, Simmons arrived at 390 Chittenden Avenue in Columbus, Ohio to look for her children. Columbus police, including Rogers and Beam, were already at the residence responding to a reported stabbing. Upon her arrival Simmons approached the house, an active crime scene, and walked onto the porch. Officers informed Simmons of the existence of the crime scene and gave her orders to leave the area. Simmons eventually walked down the porch steps and back onto the pathway connecting the sidewalk and the porch, with the assistance of Rogers. Because Simmons was still on the property and had not left the crime scene, Rogers made the decision to detain her for misconduct at an emergency. Rogers, with the assistance of Beam, used a level 1 grounding technique and successfully handcuffed Simmons while she was on the ground. Simmons suffered a facial injury as a result of the takedown. In her lawsuit, Simmons alleges excessive force during her arrest and physical injuries as a result. This ordinance would allow settlement and resolution of all claims relating to the April 3, 2023 arrest.
Fiscal Impact:
This ordinance authorizes the settlement of a lawsuit captioned Sierra Simmons v. City of Columbus, et al., United States District Court Case No. 2:24-cv-1550; 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 captioned Sierra Simmons v. City of Columbus, et al., United States District Court Case No. 2:24-cv-1550; to authorize the expenditure of the sum of two hundred and ten thousand dollars and no cents ($210,000.00) in settlement of the lawsuit; to authorize the transfer of $210,000.00 within the General Fund; and to declare an emergency. ($210,000.00)
Body
WHEREAS, Sierra Simmons alleges that her constitutional rights were violated on or about April 3, 2023 when Columbus police officers allegedly used excessive force to detain her without legal right to do so, in violation of her Fourth and Fourteenth Amendment rights; and
WHEREAS, a settlement in the amount of Two Hundred and Ten Thousand Dollars and No Cents ($210,000.00), to be paid by the City and to include attorneys’ fees and court costs, was deemed to be acceptable in exchange for a release from Simmons of any claims against the City of Columbus and any of its employees, agents, officials, including Columbus police officers Randall Beam and Chase Rogers; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Safety, Division of Police, in that it is necessary for this ordinance to be effective immediately in order for the parties to effectuate the settlement of these claims in accordance with the terms of the settlement agreement, which is in the best interest of the City, and to pay the agreed to sum without delay; 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, including Columbus Police Officers Chase Rogers and Randall Beam, by payment of the sum of Two Hundred and Ten Thousand Dollars and No Cents ($210,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That the transfer of $210,000.00, or so much thereof as may be needed, is hereby authorized between object classes within the General Fund from the Department of Finance’s Citywide account to the Department of Public Safety per the account codes in the attachment to this ordinance:
Section 3. That the expenditure of $210,000.00, or so much thereof as may be needed, is hereby authorized as follows in the General Fund object class 05 per the accounting codes in the attachment to this ordinance:
Section 4. That, upon receipt of an invoice and a release approved by the City Attorney, the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of one hundred sixteen thousand three hundred twenty-seven dollars and ninety-seven cents ($116,327.97) made payable to Simmons.
Section 5. That, upon receipt of an invoice and a release approved by the City Attorney, the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of ninety-three thousand six hundred seventy-two dollars and three cents ($93,672.03) made payable to Simmons and the Gittes Law Group.
Section 6. That for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance is hereby declared to an emergency measure and shall take effect and be in force after passage and approval by the Mayor, or 10 days after passage if the Mayor neither vetoes nor approves the same.