Explanation
This ordinance is being submitted to settle the lawsuit captioned Judy Evergin v. City of Columbus, pending before the United States District Court, Case No. 2:09 CV 1069, in the amount of One Hundred Twenty Thousand Dollars. Ms. Evergin is an employee of the Department of Public Safety, Division of Fire. She was suspended for one hundred and twenty (120) hours on September 8, 2008 for violating the City’s Central Work Rules. Ms. Evergin appealed her suspension to the Civil Service Commission. Following a hearing, the Civil Service Commission found her not guilty on the Central Work Rule violations and rescinded her suspension. Ms. Evergin filed race discrimination claims under Title VII and R.C. 4112.02, 4112.99, retaliation claims under Title VII and R.C. 4112.02(I) as well as a First Amendment retaliation claim under 42 USC § 1983. Upon evaluation of Ms. Evergin’s claims, it is the recommendation of the City Attorney and the Department of Public Safety that it is in the best interests of the City of Columbus to settle this matter for One Hundred Twenty Thousand Dollars ($120,000.00).
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount of this claim. This ordinance is contingent on the passage of the 2013 General Fund Budget.
Emergency Designation: This ordinance is being submitted as an emergency measure in order to expedite the settlement process so that Plaintiff can be paid in a timely manner.
Title
To authorize and direct the City Attorney to settle the case of Judy Evergin v. City of Columbus, pending before the United States District Court for the Southern District of Ohio, Eastern Division; to authorize the expenditure of One Hundred Twenty Thousand Dollars; and to declare an emergency. ($120,000.00)
Body
WHEREAS, the lawsuit captioned Judy Evergin v. City of Columbus, is currently pending before the United States District ...
Click here for full text