ORDINANCE No. 180721

*Pay claim of Dontae Marks. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  Dontae Marks, through Steven Sherlag, attorney, has filed a lawsuit against the City for damages suffered in an incident involving Portland Police Bureau on May 3, 2006.

2.  The claim has been investigated by Risk Management Services. Investigation indicates there is a risk the City may be found liable. Therefore, in order to avoid the risk of a large jury award, we feel it is prudent to compromise the lawsuit at this time.

3.  Risk Management and the City Attorney’s office recommend the lawsuit be compromised for $60,000.00, subject to the claimant providing the City with a release in a form to be approved by the City Attorney. This amount includes the plaintiff’s attorney’s fees.

NOW, THEREFORE, the Council directs:

 a.  The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $60,000.00 made payable to Dontae Marks and Steven Sherlag. Total claim settlement is $60,000.00.

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

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

Passed by the Council,  JANUARY 10, 2007

Mayor Tom Potter              GARY BLACKMER

Becky Chiao              Auditor of the City of Portland

bc          By    /s/Susan Parsons

December 22, 2006

               Deputy

BACKING SHEET INFORMATION

AGENDA NO. 35-2007

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 180721