ORDINANCE No. 177507

* Pay claim of Rhonda Barton. (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  Rhonda Barton has filed a request for a contested case hearing before the Public Employee Retirement System, for loss suffered as a result of her transfer of employment from the City of Portland to CM2 under the state transfer statute, ORS 236.605-236.640.

2.  The claim has been investigated by the Office of the City Attorney. The investigation indicates there is risk the City may be found liable. Therefore, in order to avoid the risk of an adverse ruling from PERS or a court, we feel it is prudent to compromise the claim at this time.

3.  Portland Parks & Recreation recommends the claim be compromised for $7,200, subject to three conditions:

a.  The claimant provides the City with her release in a form to be approved by the City Attorney;

b.  The City receives a check in the amount of $800 from Children’s Museum 2, made payable to Rhonda Barton;

c.  Children’s Museum 2 provides the City with its release in a form to be approved by the City Attorney.

NOW, THEREFORE, the Council directs:

a.  The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $800 made payable to Rhonda Barton.

b.  The Risk Management Division will execute a payment authorization in the amount set forth in sub-paragraph (a) above.

c.  The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $6,400, less withholding, made payable to Rhonda Barton.

d.  Portland Parks & Recreation will execute a payment authorization in the amount set forth in sub-paragraph (c) above.

Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this claim; therefore, this Ordinance shall be in force and effect from and after its passage by the Council.

BACKING SHEET INFORMATION

AGENDA NO. 533-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177507