File #: O-580-19    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 11/26/2019 In control: Law Department
On agenda: 12/10/2019 Final action: 12/10/2019
Title: Authorizing the mayor and the Director of Law to enter into any necessary agreements with the law firm of Spengler Nathanson to provide legal representation on behalf of the City of Toledo to defend certain allegations pending before the Ohio Civil Rights Commission and any subsequent litigation that may arise; authorizing an expenditure in an amount not to exceed $285,000 from the Risk Management Fund; and declaring an emergency.
Attachments: 1. Audio: Agenda Review 12/3/2019

Label

Firefighter Claims

Department of Law

Dale R. Emch (x2384)

(Revised)

 

Title

Authorizing the mayor and the Director of Law to enter into any necessary agreements with the law firm of Spengler Nathanson to provide legal representation on behalf of the City of Toledo to defend certain allegations pending before the Ohio Civil Rights Commission and any subsequent litigation that may arise; authorizing an expenditure in an amount not to exceed $285,000 from the Risk Management Fund; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

Toledo Fire and Rescue Department firefighters Karen Marquardt, Sally Glombowski, and Kari Gonzalez have pending actions before the Ohio Civil Rights Commission. The City of Toledo will defend these claims through the administrative process and any subsequent litigation. The law firm of Spengler Nathanson has particular expertise in employment matters of this nature. Further, it is necessary to retain outside counsel due to the anticipated length of the litigation and its resource-consuming nature.

 

Summary

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

 

                     SECTION 1.  That the mayor and Director of Law are authorized to enter into any necessary agreements with the law firm of Spengler Nathanson to provide legal services and litigation expenses regarding the claims alleged to the Ohio Civil Rights Commission by Toledo Fire and Rescue Department firefighters Karen Marquardt, Sally Glombowski, and Kari Gonzalez, as well as any subsequent litigation that may arise.

 

SECTION 2.  That an expenditure in an amount not to exceed $285,000 is authorized from the Risk Management Fund, Account Code 7095-12000-1157001STDSTD, for the purpose listed in Section 1. 

 

                     SECTION 3.  That the Director of Finance is authorized to draw his warrant or warrants against the above mentioned account code 7095-12000-1157001STDSTD in an amount not to exceed $285,000 in payment of the authorized obligations upon presentation of proper voucher or vouchers. 

 

                     SECTION 4.  That this Ordinance, being an emergency measure, shall take effect and be in force from and after its passage.  The reason for the emergency lies in the fact that this ordinance is necessary for the immediate preservation of public peace, health, safety and property and for further reason that this ordinance must immediately be effective so the City may promptly pay obligations incurred in the defense of the aforementioned claims.

 

Vote on emergency clause:  yeas 12 nays 0

Passed:  December 10, 2019, 2019, as an emergency measure:  yeas 12, nays 0.

 

Attest:                                          

Gerald E. Dendinger                                          Matt Cherry

Clerk of Council                                          President of Council

 

Approved:                                                               December 11, 2019

Wade Kapszukiewicz

                                                                                    Mayor