City of Columbus - File #: 1430-2009

• File #: 1430-2009
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 10/20/2009
• In control: Judiciary And Court Administration Committee
• On agenda: 11/16/2009
• Final action: 11/17/2009
• Title: To authorize and direct the City Attorney to pay a settlement to Daniel Ferguson and his attorney, Fred Gittes, on behalf of the Department of Public Safety, Division of Police, to authorize the expenditure of $55,000 from the General Fund; and to declare an emergency. ($55,000)

Date	Ver.	Action By	Action	Result
11/17/2009	1	ACTING MAYOR	Signed
11/17/2009	1	CITY CLERK	Attest
11/16/2009	1	Columbus City Council	Approved	Pass
11/16/2009	1	COUNCIL PRESIDENT	Signed
10/26/2009	1	Auditor Reviewer	Reviewed and Approved
10/26/2009	1	CITY AUDITOR	Reviewed and Approved
10/26/2009	1	Atty Drafter	Sent for Approval
10/26/2009	1	CITY ATTORNEY	Reviewed and Approved
10/26/2009	1	Atty Drafter	Sent to Clerk's Office for Council
10/23/2009	1	Finance Reviewer	Reviewed and Approved
10/23/2009	1	Finance Reviewer	Reviewed and Approved
10/23/2009	1	FINANCE DIRECTOR	Reviewed and Approved
10/23/2009	1	Atty Drafter	Sent for Approval
10/21/2009	1	SAFETY DIRECTOR	Reviewed and Approved
10/20/2009	1	Atty Drafter	Sent for Approval
10/20/2009	1	Finance Reviewer	Sent for Approval
10/20/2009	1	Safety Reviewer	Reviewed and Approved

Explanation
This ordinance is submitted to settle the claim of Daniel Ferguson for the total amount of Fifty-five Thousand Dollars ($55,000.00).

At approximately 1:00 a.m. on October 5, 2008, Officer Keith O'Connor stopped Mr. Ferguson's vehicle for pulling away from the curb without signaling. Mr. Ferguson alleges malicious prosecution and excessive force.

Fiscal impact: Funds were not specifically budgeted for this settlement; however, sufficient monies are available within the Division of Police's General Fund appropriation for this purpose.

Emergency Designation: Emergency legislation is requested so that this claim can be settled as soon as possible.


Title
To authorize and direct the City Attorney to pay a settlement to Daniel Ferguson and his attorney, Fred Gittes, on behalf of the Department of Public Safety, Division of Police, to authorize the expenditure of $55,000 from the General Fund; and to declare an emergency. ($55,000)

Body
WHEREAS, on October 5, 2008, Officer Keith O'Connor observed Mr. Ferguson pulling away from the curb in the general vicinity of Sycamore Street and South High Street at approximately 1:00 a.m. without using his turn signal; and

WHEREAS, Officer O'Connor then stopped Mr. Ferguson for this traffic violation; and

WHEREAS, during the course of this traffic stop, Officer O'Connor arrested Mr. Ferguson for obstructing official business, resisting arrest, changing course without safety, and OVI; and

WHEREAS, Mr. Ferguson was injured during the course of the arrest; and

WHEREAS, all of the charges against Mr. Ferguson were ultimately dismissed; and

WHEREAS, Mr. Ferguson submitted a claim to the City Attorney's Office prior to initiating a lawsuit; and

WHEREAS, the City Attorney conducted an investigation and evaluated Mr. Ferguson's claims and the parties were able to reach a settlement in the total amount of Fifty-five Thousand Dollars ($55,000.00) to resolve all claims, including attorney ...