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File #: 0455-2004    Version: 1
Type: Ordinance Status: Passed
File created: 2/26/2004 In control: Safety Committee
On agenda: 3/29/2004 Final action: 4/1/2004
Title: To authorize and direct the City Attorney to settle the claim of Joseph Courtney, to authorize the expenditure of Fifty Thousand Dollars ($50,000.00) and to declare an emergency.
Explanation
This ordinance is submitted to settle the claim of Joseph Courtney in the amount of Fifty Thousand Dollars ($50,000.00).

Funds are available for this settlement that will cost Fifty Thousand Dollars ($50,000.00).

Title
To authorize and direct the City Attorney to settle the claim of Joseph Courtney, to authorize the expenditure of Fifty Thousand Dollars ($50,000.00) and to declare an emergency.

Body
WHEREAS:
On July 31, 2003, at approximately 4:30 a.m. Joseph Courtney was stopped for an alleged red light violation, and;

WHEREAS:
Joseph Courtney was taken into custody following his failure to display his driver's license, and;

WHEREAS:
Joseph Courtney was maced and received injuries at the time of his arrest, and;

WHEREAS:
The criminal charges against Joseph Courtney were dismissed, and;

WHEREAS:
Joseph Courtney has presented a claim alleging false arrest, excessive force, and malicious prosecution, and;

WHEREAS:
Due to the facts involved in this incident a settlement figure in the amount of Fifty Thousand Dollars ($50,000.00) is a fair and reasonable amount, and;

WHEREAS:
An emergency exists in the usual daily operation of the Department of Public Safety, Division of Police, and it is immediately necessary to pay this claim for the preservation of the public peace, health, 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 the claim of Joseph Courtney by the payment of Fifty Thousand Dollars ($50,000.00), as a reasonable and fair amount and in the best interests of the City of Columbus.

Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the City of Columbus, Department of Safety, Division of Police, General Fund 010, Department No. 30-03, OAC Code 301382, Object Level One 05, Object Level Three 5569, the sum of Fifty ...

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