File #: O-101-23    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 2/22/2023 In control: Law Department
On agenda: 3/7/2023 Final action: 3/7/2023
Title: Authorizing the settlement of the claims of Carla Stachura in Case No. CI 15-3463 captioned Captain Carla Stachura v. City of Toledo, et al. pending in the Lucas County Court of Common Pleas for the state of Ohio for the sum of $100,000; authorizing the expenditure of $100,000 from the Risk Management Fund; and declaring an emergency.

Label

Stachura

Department of Law

T. Mohler x2408

 

Title

Authorizing the settlement of the claims of Carla Stachura in Case No. CI 15-3463 captioned Captain Carla Stachura v. City of Toledo, et al. pending in the Lucas County Court of Common Pleas for the state of Ohio for the sum of $100,000; authorizing the expenditure of $100,000 from the Risk Management Fund; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

In 2005, Captain Carla Stachura, now retired, brought suit against the City of Toledo and some former leaders of the Department of Fire and Rescue alleging that she was the subject of unlawful discrimination and retaliation. This case has a long history and has been through multiple appeals. The City prevailed at a 2019 jury trial, but an appeal resulted in the case being sent back to the trial court and was set to go to trial in March, 2023.

 

Following a mediation and additional negotiations, a proposed agreement has been reached in the amount of $100,000 to settle all remaining claims without constituting an admission of liability for any violation of state or federal law.

 

Summary

NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:

 

                     SECTION 1.  That payment of $100,000 in settlement of Ms. Stachura’s claims against the defendants in Case No. CI 15-3463 captioned Captain Carla Stachura. v. City of Toledo, et al. pending in the Lucas County Court of Common Pleas for the state of Ohio is approved.

 

                     SECTION 2.  That payment of these claims is contingent upon the execution of the proper releases by the claimant.

 

                     SECTION 3.  That the Director of Finance is authorized to draw a warrant or warrants to Carla Stachura and her attorney, Terry J. Lodge, Esq., in the sum of $100,000 against Account No. 7095-12000-1157001STDSTD upon presentation of the proper vouchers.

 

SECTION 4.  That this Ordinance being an emergency measure shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that this ordinance is necessary for the immediate preservation of the public peace, health, safety and property and for the further reason that this ordinance must be immediately effective in order to implement the settlement in accordance with the conditional agreement of the administration.

 

 

 

 

                     Vote on emergency clause:  yeas _____, nays _____.

 

                     Passed:  _________________, as an emergency measure:  yeas _____, nays _____.

 

 

Attest:  ________________________                                              __________________________________

                            Clerk of Council                                                                           President of Council

 

                     

Approved:  _____________________                                          __________________________________

                                                                                                                                                                                                   Mayor

 

 

                     I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.

 

 

Attest:  ________________________

                    Clerk of Council