Label
Smart v. City of Toledo
Department of Law
J. Charles x1020
Revised
Title
Authorizing the settlement of claims brought in Smart v. City of Toledo; authorizing the expenditure of $50,000 from the Risk Management Fund; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The City has reached a settlement with Kaylynn Smart, plaintiff in a lawsuit captioned Smart v. City of Toledo, et al, Case No. 3:23-cv-2427 in the U.S. District Court for the Northern District of Ohio, Western Division. In exchange for a full release, the city has agreed to pay $50,000 total to Plaintiff. In her lawsuit, the Plaintiff alleges she was injured by Toledo Police officers during a traffic stop on January 1, 2023.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That that the expenditure of $50,000 is authorized from the Risk Management Fund Account Code 9075-12000-1157001STDSTD for payment in settlement of the claims of Kaylynn Smart in Case No. 3:23-cv-2427 captioned Smart v. City of Toledo, et al. pending in U.S. District Court for the Northern District of Ohio, Western Division.
SECTION 2. That payment of these claims is contingent upon the execution of proper releases by Plaintiff.
SECTION 3. That the Director of Finance is authorized to draw a warrant or warrants in an amount not to exceed $50,000 to Kaylynn Smart and Jeffrey C. Zilba & Associates, LLC, her attorney, against the above Account Code upon presentation of the proper voucher.
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.
Vote on emergency clause: yeas 11, nays 0.
Passed: July 17, 2024, as an emergency measure: yeas 11, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: July 17, 2024
Wade Kapszukiewicz
Mayor