City of Columbus - File #: 0382-2011

• File #: 0382-2011
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 2/28/2011
• In control: Public Safety & Judiciary Committee
• On agenda: 4/4/2011
• Final action: 4/7/2011
• Title: To authorize and direct the City Attorney to settle the case of Cynthia Smalls v. The Municipal Civil Service Commission for the City of Columbus, Court of Common Pleas for Franklin County, Ohio; to authorize and direct the City Auditor to pay the settlement amount; and to declare an emergency.

Date	Ver.	Action By	Action	Result
4/7/2011	1	CITY CLERK	Attest
4/6/2011	1	MAYOR	Signed
4/4/2011	1	Columbus City Council	Approved	Pass
4/4/2011	1	COUNCIL PRESIDENT	Signed
3/11/2011	1	Atty Drafter	Sent for Approval
3/11/2011	1	CITY ATTORNEY	Reviewed and Approved
3/11/2011	1	Atty Drafter	Sent to Clerk's Office for Council
3/11/2011	1	Atty Drafter	Sent to Clerk's Office for Council
3/10/2011	1	CITY AUDITOR	Reviewed and Approved
3/9/2011	1	FINANCE DIRECTOR	Reviewed and Approved
3/9/2011	1	Atty Drafter	Sent for Approval
3/9/2011	1	Auditor Reviewer	Reviewed and Approved
3/8/2011	1	Finance Reviewer	Reviewed and Approved
3/8/2011	1	Finance Reviewer	Reviewed and Approved
3/2/2011	1	Atty Drafter	Sent for Approval
3/1/2011	1	SERVICE DIRECTOR	Reviewed and Approved
2/28/2011	1	Atty Drafter	Sent for Approval

Explanation
BACKGROUND: This ordinance is submitted to settle the lawsuit of Cynthia Smalls v. the Municipal Civil Service Commission for the City of Columbus, Case No. 09-CVF01-325, Court of Common Pleas for Franklin County, Ohio for the sum of $37,186.28 (Thirty Seven Thousand One Hundred Eighty Six and 28/100 and other good and valuable consideration. Cynthia Smalls was an employee of the Department of Public Service in 2008 and a member of the Columbus Municipal Association of Government Employees when she was subject to a layoff. The Municipal Civil Service Commission for the City of Columbus enforced a provision contained in the American Federation of State, County and Municipal Employees prohibiting bumping into that bargaining unit by non-bargaining unit employees. As a result Cynthia Smalls was laid off and instituted the herein styled litigation. The Franklin County Court of Appeals determined that the provision of the American Federation of State, County and Municipal Employees collective bargaining agreement prohibiting bumping was invalid. Cynthia Smalls was reinstated to a position within the Department of Public Service on December 20, 2010. This settlement makes Cynthia Smalls whole during the period of her layoff less appropriate setoffs.

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 settle the case of Cynthia Smalls v. The Municipal Civil Service Commission for the City of Columbus, Court of Common Pleas for Franklin County, Ohio; to authorize and direct the City Auditor to pay the settlement amount; and to declare an emergency.

Body
WHEREAS, in 2008 Cynthia Smalls was laid off from her position of employment within the Department of Public Service and was denied bumping rights by the Municipal Civil Service Commission for the City of Columbus p...