City of Columbus - File #: 1431-2009

• File #: 1431-2009
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 10/20/2009
• In control: Judiciary And Court Administration Committee
• On agenda: 11/16/2009
• Final action: 11/17/2009
• Title: To authorize and direct the City Attorney to settle the claim of Michael J. Kelly on behalf of the Department of Public Safety, Division of Police, to authorize the expenditure of $30,000.00 from the General Fund; and to declare an emergency. ($30,000.00)

Date	Ver.	Action By	Action	Result
11/17/2009	1	ACTING MAYOR	Signed
11/17/2009	1	CITY CLERK	Attest
11/16/2009	1	Columbus City Council	Approved	Pass
11/16/2009	1	COUNCIL PRESIDENT	Signed
10/26/2009	1	Auditor Reviewer	Reviewed and Approved
10/26/2009	1	CITY AUDITOR	Reviewed and Approved
10/26/2009	1	Atty Drafter	Sent for Approval
10/26/2009	1	CITY ATTORNEY	Reviewed and Approved
10/26/2009	1	Atty Drafter	Sent to Clerk's Office for Council
10/23/2009	1	Finance Reviewer	Reviewed and Approved
10/23/2009	1	Finance Reviewer	Reviewed and Approved
10/23/2009	1	FINANCE DIRECTOR	Reviewed and Approved
10/23/2009	1	FINANCE DIRECTOR	Reviewed and Approved
10/23/2009	1	Atty Drafter	Sent for Approval
10/21/2009	1	SAFETY DIRECTOR	Reviewed and Approved
10/20/2009	1	Atty Drafter	Sent for Approval
10/20/2009	1	Finance Reviewer	Sent for Approval
10/20/2009	1	Safety Reviewer	Reviewed and Approved

Explanation

Background: This ordinance is submitted to settle the claim known as Michael J. Kelly and to authorize the expenditure of the sum of Thirty Thousand Dollars ($30,000.00) in settlement of this claim.

Fiscal Impact: Funds were not specifically budgeted for this settlement; however, sufficient monies are available within the Division of Police's General Fund appropriation for this purpose.

Emergency Designation: Emergency legislation is requested to settle this claim as quickly as possible.
Title

To authorize and direct the City Attorney to settle the claim of Michael J. Kelly on behalf of the Department of Public Safety, Division of Police, to authorize the expenditure of $30,000.00 from the General Fund; and to declare an emergency. ($30,000.00)

Body

WHEREAS, on June 16, 2009, Michael J. Kelly submitted a claim to the City of Columbus arising out of an arrest that occurred on March 28, 2008; and

WHEREAS, on March 28, 2008, Michael J. Kelly was observing a cage fighting event at the Hoop Sport and Fitness facility located at 4185 East Fifth Avenue, Columbus, OH; and

WHEREAS, Columbus police officer, Michael McWhorter, was working special duty at that event; and

WHEREAS, a confrontation occurred between Michael J. Kelly and Officer McWhorter; and

WHEREAS, Michael J. Kelly was arrested for disorderly conduct and criminal trespass; and

WHEREAS, the charges against Michael J. Kelly were later dismissed; and

WHEREAS, Michael J. Kelly asserts that during the arrest process, his shoulder was injured, requiring arthroscopic surgery; and

WHEREAS, Michael J. Kelly incurred medical bills in a total amount of $16,162.88; and

WHEREAS, it is in the best interest of the City of Columbus to settle this claim in the total amount of Thirty Thousand Dollars ($30,000.00); and

WHEREAS, by reason of the foregoing an emergency exits in the usual operations of the City and it would be in the City's best interest to compro...