City of Columbus - File #: 0284-2011

• File #: 0284-2011
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 2/10/2011
• In control: Public Safety & Judiciary Committee
• On agenda: 2/28/2011
• Final action: 3/2/2011
• Title: To authorize and direct the City Attorney to pay the settlement amount to Howard M. Chrysler in the case of Howard M. Chrysler v. City of Columbus, Department of Public Utilities, pending before the United States District Court, Case No. 2:10 CV 400; and Howard M. Chrysler v. City of Columbus, et al., pending before the Court of Common Pleas, Case No. 10 CV 016932, in the amount of seventy-two thousand Dollars ($72,000.00) and declare an emergency.

Date	Ver.	Action By	Action	Result
3/2/2011	1	MAYOR	Signed
3/2/2011	1	CITY CLERK	Attest
2/28/2011	1	Columbus City Council	Approved	Pass
2/28/2011	1	COUNCIL PRESIDENT	Signed
2/18/2011	1	CITY ATTORNEY	Reviewed and Approved
2/18/2011	1	Atty Drafter	Sent to Clerk's Office for Council
2/17/2011	1	Finance Reviewer	Reviewed and Approved
2/17/2011	1	FINANCE DIRECTOR	Reviewed and Approved
2/17/2011	1	Atty Drafter	Sent for Approval
2/17/2011	1	CITY AUDITOR	Reviewed and Approved
2/17/2011	1	CITY AUDITOR	Reviewed and Approved
2/17/2011	1	Utilities Drafter	Sent for Approval
2/16/2011	1	Finance Reviewer	Reviewed and Approved
2/16/2011	1	Finance Reviewer	Reviewed and Approved
2/15/2011	1	Atty Drafter	Sent for Approval
2/15/2011	1	Utilities Drafter	Sent for Approval
2/15/2011	1	Utilities Reviewer	Sent for Approval
2/15/2011	1	UTILITIES DIRECTOR	Reviewed and Approved
2/15/2011	1	Utilities Drafter	Sent for Approval
2/14/2011	1	Utilities Drafter	Sent for Approval
2/14/2011	1	Utilities Reviewer	Reviewed and Approved
2/14/2011	1	Atty Drafter	Sent for Approval
2/10/2011	1	Atty Drafter	Sent for Approval

Explanation

Background
This ordinance is submitted to settle the lawsuits known as Howard M. Chrysler v. City of Columbus, Department of Public Utilities, pending before the United States District Court, Case No. 2:10 CV 400; and Howard M. Chrysler v. City of Columbus, et al., pending before the Court of Common Pleas, Case No. 10 CV 016932, in the amount of seventy-two thousand and No/100 Dollars ($72,000.00). Mr. Chrysler is a former employee of the Department of Public Utilities. His employment was terminated on December 7, 2009, for violating the City's Central Work Rules. Mr. Chrysler challenged his termination and filed an interference claim in the United States District Court under the Family and Medical Leave Act and an unemployment compensation appeal with the Court of Common Pleas.


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.

Title

To authorize and direct the City Attorney to pay the settlement amount to Howard M. Chrysler in the case of Howard M. Chrysler v. City of Columbus, Department of Public Utilities, pending before the United States District Court, Case No. 2:10 CV 400; and Howard M. Chrysler v. City of Columbus, et al., pending before the Court of Common Pleas, Case No. 10 CV 016932, in the amount of seventy-two thousand Dollars ($72,000.00) and declare an emergency.


Body

WHEREAS, on December 7, 2009, Mr. Chrysler was terminated from his employment because he was absent without leave for five consecutive working days in violation of the City's Central Work Rules; and

WHEREAS, Mr. Chrysler filed a complaint in the United States Direct Court alleging the City interfered with his rights under the Family and Medical Leave Act when it denied him leave, and terminated him for taking leave despite having timely turned in the required medical certification substantiating his need for leave...