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File #: 1077-2007    Version: 1
Type: Ordinance Status: Passed
File created: 6/25/2007 In control: Judiciary And Court Administration Committee
On agenda: 7/9/2007 Final action: 7/11/2007
Title: To authorize and direct the City Attorney to pay attorney fees to Robert R. Byard as legal counsel in the case of Melissa Weems v. City of Columbus, et al., United States District Court, Southern District of Ohio Case No. C2-05-0087 and United States Court of Appeals for the Sixth Circuit Case No. 06-4385, to authorize the expenditure of the sum of Forty-seven Thousand, Eight Hundred Eighty-one Dollars and Sixty-two Cents ($47,881.62) and to declare an emergency. ($47,881.62)
Explanation
This ordinance authorizes the payment of attorney fees to Robert R. Byard as legal counsel in the case of Melissa Weems v. City of Columbus, et al., United States District Court, Southern District of Ohio Case No. C2-05-0087 and United States Court of Appeals for the Sixth Circuit Case No. 06-4385.

Fiscal Impact: Sufficient money has been set aside by the City to pay the amount of this claim.

Title
To authorize and direct the City Attorney to pay attorney fees to Robert R. Byard as legal counsel in the case of Melissa Weems v. City of Columbus, et al., United States District Court, Southern District of Ohio Case No. C2-05-0087 and United States Court of Appeals for the Sixth Circuit Case No. 06-4385, to authorize the expenditure of the sum of Forty-seven Thousand, Eight Hundred Eighty-one Dollars and Sixty-two Cents ($47,881.62) and to declare an emergency. ($47,881.62)

Body
WHEREAS: Melissa Weems filed suit against Sergeant R. Kelly Hamilton and the City of Columbus in No. C2-05-0087 in the United States District Court, Southern District of Ohio; and,

WHEREAS: Many of the claims alleged by Officer Melissa Weems appeared to have occurred outside the scope of employment; and,

WHEREAS: It would be a conflict of interest for the City Attorney to represent the City of Columbus and Sgt. Hamilton if, in fact, Plaintiff's allegations were proven to be true; and,

WHEREAS: The City Attorney employed the services of Robert R. Byard of the law firm of HUNTER, CARNAHAN, SHOUB & BYARD to defend Sgt. R. Kelly Hamilton; and,

WHEREAS: The matter has now been successfully concluded in the United States Court of Appeals for the Sixth Circuit with no finding of fault against Sgt. R. Kelly Hamilton; and,

WHEREAS: Robert R. Byard has submitted a statement for professional services rendered in the amount of Forty-seven Thousand, Eight Hundred Eighty-one Dollars and Sixty-two Cents ($47,881.62); and,

WHEREAS: By reason of the f...

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