Explanation
Background:
This ordinance is submitted to settle the pending lawsuit known as FOP Capital City Lodge No. 9, et al., v. City of Columbus, United States District Court Case No. 22-CV-4290 involving Plaintiffs Bryan Hupp and Steven Steenburgh; and to avoid additional litigation by settling the related claims of Larry Howell and Mike Evans in the amount of three-hundred sixty thousand dollars and zero cents ($360,000.00). All claims arise out of the determination that Hupp, Steenburgh, Howell and Evans (together “Members,” with Members and the City collectively referred to as the “Parties”) were deemed not eligible to participate in the Retirement Incentive Program (“Program”) in accordance with the terms and conditions agreed to by the City of Columbus and the Fraternal Order of Police.
On July 15, 2021, the City of Columbus and the FOP executed a Memorandum of Understanding (“MOU”) setting forth the material terms of the Program as mutually agreed upon by the City of Columbus and the FOP. The Final Program Terms stipulated that the election period to opt into and participate in the Program was from January 31, 2022 to February 6, 2022 and that in order to be eligible to participate, a member could not be under administrative investigation, other than for minor misconduct, or under criminal investigation at any time from January 31, 2022 through the date of the member’s retirement under the Program.
On March 28, 2022, Hupp, Steenburgh, Howell and Evans were determined to be under administrative investigation and deemed ineligible to participate in the Program. As a result, Hupp and Steenburgh filed the lawsuit known as FOP Capital City Lodge No. 9, et al., v. City of Columbus, United States District Court Case No. 22-CV-4290 for breach of contract, alleging the City breached the terms of the Program when it determined that Hupp and Steenburgh were not eligible to participate in the Program. The Parties filed cross motions for summary judgment. The...
Click here for full text