ORDINANCE No. 178984

*Pay claim of Loraine Fischer (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:  

1.  Loraine Fischer, through her attorney, has filed civil rights claims against the City for alleged damages suffered during the course and scope of her employment, as well as several other tort claims. These claims are denied and pending litigation.

2.  Loraine Fischer has also filed one Workers’ Compensation claim against the City, which was denied and is currently pending litigation, and an earlier claim that was accepted.

3.  The Risk Management Division has investigated these claims. Investigation indicates there is a risk the City may be found liable on one or more of the aforementioned claims. Therefore, in order to avoid the risk of a jury award, and/or a reversal of the denied Workers Compensation claim, additional payments on the accepted claim and protracted legal proceedings with Ms. Fischer for years to come, it is prudent to compromise the claims at this time.

4.  A settlement was reached in mediation to compromise Ms. Fischer’s claims for a total $150,000, subject to her ending her employment with the City and signing a release of all claims and settlement documents on the Workers’ Compensation claims 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 $44,326.86 for attorney’s fees and costs made payable to Loraine Fischer’s attorney Daniel Snyder.

b.  The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $3,000 less usual withholding, taxes, and deductions, plus an additional check in the amount of $72,673.14 payable to Loraine Fischer.

c.  The Mayor and Auditor are hereby authorized to draw and deliver checks totaling $30,000 to Loraine Fischer and her attorney Daniel Snyder as required by Oregon Workers’ Compensation Law for settlement of the Workers’ Compensation Claims.

d.  Upon receipt of all signed settlement agreements, the Risk Management Division will execute payment authorizations in the amount set forth in sub-paragraphs (a)(b) and (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.

Passed by the Council, December 22, 2004    GARY BLACKMER

Mayor Vera Katz            Auditor of the City of Portland      

Prepared by Becky Chiao          By /S/ Susan Parsons

December 14, 2004              Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1484-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178984