Explanation
BACKGROUND: This ordinance is submitted to settle the lawsuit of Teresa Barry v. James P. O’Grady, et al., pending before the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:14CV-02693. Ms. Barry is a former employee of the Franklin County Municipal Court. The lawsuit alleges violations of the Equal Protection Clause of the Fourteenth Amendment and retaliation in violation of the First Amendment. Defendants are three Judges of the Court, the Court Administrator and the former Chief of Probation. Ms. Barry claimed she was subjected to a hostile working environment and retaliated against for complaining about the environment.
Defendants were successful in having the majority of the claims and defendants dismissed but two claims remain for trial. After discussions with the clients, it was decided that settlement is in the best interest of the City.
FISCAL IMPACT: Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the General Fund to pay the amount of this claim. A transfer within the General Fund will be necessary. This piece is contingent upon passage of the 2019 general fund operating budget.
EMERGENCY: An emergency is being requested to authorize the immediate payment of this settlement to ensure the City is not required to expend additional funds as a result of any delay.
Title
To authorize and direct the City Attorney to settle the lawsuit case of Teresa Barry v. James P. O’Grady, et al., pending before the United States District Court for the Southern District of Ohio, Eastern Division; to authorize the transfer and expenditure of $140,000.00 in the General Fund for payment of the settlement; and to declare an emergency. ($140,000.00)
Body
WHEREAS, there is a lawsuit captioned Teresa Barry v. James P. O’Grady, et al., pending before the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:14CV-02...
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