City of Columbus - File #: 1076-2005

• File #: 1076-2005
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 5/26/2005
• In control: Safety Committee
• On agenda: 6/20/2005
• Final action: 6/23/2005
• Title: To authorize and direct the City Attorney settle the claims of Douglas R. Parks and his attorney for fees in the case of Douglas R. Parks v. City of Columbus, et al., Case No. C2-03-489 in the United States District Court for the Southern District of Ohio, to authorize the transfer of Eighty-Eight Thousand Five Hundred and No/100 Dollars ($88,500.00) within the general fund from the Department of Finance to the Department of Public Safety, Division of Police and to authorize the expenditure of the sum of Eighty-Eight Thousand Five Hundred and No/100 Dollars ($88,500.00) and to declare an emergency.

Date	Ver.	Action By	Action	Result
6/23/2005	1	CITY CLERK	Attest
6/21/2005	1	MAYOR	Signed
6/20/2005	1	Columbus City Council	Approved	Pass
6/20/2005	1	COUNCIL PRESIDENT	Signed
6/15/2005	1	Atty Drafter	Sent for Approval
6/15/2005	1	Auditor Reviewer	Reviewed and Approved
6/15/2005	1	CITY AUDITOR	Reviewed and Approved
6/15/2005	1	Atty Drafter	Sent to Clerk's Office for Council
6/14/2005	1	City Clerk's Office	Sent back for Clarification/Correction
6/9/2005	1	Atty Drafter	Sent to Clerk's Office for Council
6/7/2005	1	Auditor Reviewer	Reviewed and Approved
6/7/2005	1	Atty Drafter	Sent for Approval
6/7/2005	1	CITY ATTORNEY	Reviewed and Approved
6/6/2005	1	Atty Drafter	Sent for Approval
6/2/2005	1	Atty Drafter	Sent for Approval
6/2/2005	1	Auditor Reviewer	Reviewed and Disapproved
6/1/2005	1	Finance Reviewer	Reviewed and Approved
5/26/2005	1	Atty Drafter	Sent for Approval

Explanation
Explanation:
The Ordinance authorizes the payment of a settlement including attorney fees in the lawsuit of Douglas R. Parks v. City of Columbus, et al., in the United States District Court for the Southern District of Ohio, Case No. C2-03-489, in the amount of Eighty-Eight Thousand Five Hundred and No/100 Dollars ($88,500.00).


Fiscal Impact:
The 2005 budget includes $1,000,000 for settlements and legal services within Finance's citywide account. After this settlement is paid, $736,500 will remain for these expenses.
Title
To authorize and direct the City Attorney settle the claims of Douglas R. Parks and his attorney for fees in the case of Douglas R. Parks v. City of Columbus, et al., Case No. C2-03-489 in the United States District Court for the Southern District of Ohio, to authorize the transfer of Eighty-Eight Thousand Five Hundred and No/100 Dollars ($88,500.00) within the general fund from the Department of Finance to the Department of Public Safety, Division of Police and to authorize the expenditure of the sum of Eighty-Eight Thousand Five Hundred and No/100 Dollars ($88,500.00) and to declare an emergency.
Body
WHEREAS, Douglas R. Parks wished to proclaim his religious beliefs at the Columbus Arts Festival in 2002; and,

WHEREAS, the Columbus Arts Festival believed that they had the authority to ask Mr. Parks to move to an area outside of the restricted areas for the Columbus Arts Festival; and,

WHEREAS, a Columbus Police Officer working security for the Arts Festival requested that Mr. Parks move to the designated area; and,

WHEREAS, Mr. Parks was advised that he would be arrested if he did not move; and,

WHEREAS, Mr. Parks sued the City of Columbus for a claimed violation of his First Amendment Rights in the United States District Court; and,

WHEREAS, the City of Columbus prevailed in the lawsuit in the United States Court for the Southern District of Ohio; and,

WHEREAS, the United States Court of Appea...