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File #: 141169    Version:
Type: Resolution Status: Passed
File created: 11/5/2014 In control: FINANCE & PERSONNEL COMMITTEE
On agenda: Final action: 11/25/2014
Effective date:    
Title: Substitute resolution appropriating $675,000 from the 2014 Common Council Contingent Fund to be expended for costs, claims and other expenditures related to police litigation.
Sponsors: ALD. HAMILTON
Indexes: CONTINGENT FUND, LITIGATION, POLICE DEPARTMENT
Attachments: 1. Contingent Fund Request Form, 2. Fiscal Impact Statement, 3. Hearing Notice List
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
11/25/20141 COMMON COUNCIL ADOPTED

Minutes note: Information will be provided to the full Council as these funds are being drawn down and as the funds spent on claims and litigations against the city, specifically those related to the illegal strip searches.
Pass15:0 Action details Meeting details Not available
11/25/20141 MAYOR SIGNEDFail  Action details Meeting details Not available
11/18/20141 FINANCE & PERSONNEL COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Individuals appearing: Miriam Horwitz, Deputy City Attorney Richard Withers, City Attorney's Office
Pass5:0 Action details Meeting details Video Video
11/14/20141 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
11/14/20140 FINANCE & PERSONNEL COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/14/20140 FINANCE & PERSONNEL COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/14/20140 FINANCE & PERSONNEL COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/5/20140 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
141169
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. HAMILTON
Title
Substitute resolution appropriating $675,000 from the 2014 Common Council Contingent Fund to be expended for costs, claims and other expenditures related to police litigation.
Analysis
This legislation appropriates $675,000 from the 2014 Common Council Contingent Fund for the purpose of meeting financial obligations related to the defense of claims and litigation brought against the City upon allegations of constitutional violations associated with law enforcement activities including claims of unlawful stops and searches.

The legislation appropriates $425,000 to the Damages & Claims Fund Special Purpose Account (SPA) to cover claims and settlements that include settlements in the Venable and Bohannon matters (see Resolution File Numbers 141018 and 141162, respectively).

The legislation further appropriates $210,000 to the Outside Counsel/Expert Witness SPA for expenditures that include continuing services of outside counsel retained in connection with these claims and cases (see Communication File Number 140690).

Finally, the legislation appropriates $40,000 to the Operating Expenditures Account of the City Attorney’s Office to cover the increased and unanticipated expenditures associated with pretrial discovery including costs related to depositions, court-reporting, transcript preparation, copying and exhibit preparation.
Body
Whereas, Exposure of the City to claims, costs and other unanticipated expenditures has increased significantly over the last year as a result of allegations and claims arising from law enforcement activities associated with stop and search incidents; and

Whereas, Police stop and search cases involving as many as 60 or more plaintiffs have contributed to more than a 40% increase in the litigation caseload of the City Attorney’s Office since the beginning of 2013 (File Number 140779); and

Whereas, Outside counsel was retained in August, 2014, to ass...

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