ORDINANCE No. 181503

*Pay claim of David A. Tracy (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  David A. Tracy, through his attorney, James M. Barrett, has filed a bodily injury lawsuit against the City for damages suffered in an incident in which he claims the Portland Police Bureau used excessive force against him in an incident occurring on January 30, 2005.

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

3.  Risk Management Services recommends the lawsuit be compromised for the total sum of $67,500.00, subject to the claimant providing the City with a 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 $$67,500.00 made payable to David A. Tracy and his attorney, James M. Barrett.

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 2, 2008  

               GARY BLACKMER

               Auditor of the City of Portland

               By /S/Susan Parsons

Mayor Tom Potter

Prepared by John Buehler

Date prepared 11/28/07                  Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1508, 26-2008

ACTION TAKEN:

DEC 19 2007 CONTINUED TO JAN 2 2008 9:30AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 181503