OlhlANCE F{o"

*Pay
claim of Daniel Collins il lhe surn ol $ I 10,000, involving the Police Bureau. (Ordinance)
'I'he
City of Portland ordains:
Secfion l.
'l-he
Council finds:
I. Daniel Collins, through liis attorney, Matthew Mcl{enry, has filed a bodily
injury lawsuit against tlie City for damages suffred in an incident occurring on
December 24,2010. In the lawsuit, claimant makes claim fur civil rights
violations and injury during a Porlland Police Bureau response to a fight inside
a riightclub.
2. l'he claim has been investigated by Iisk Management Services and the City
Attorney's Office. Thc invcstigation indicates there is risk the City may be
l'ound liable. ll'herefore, in order to avoid the risk of an adverse jury
award, we
leel it is prudent to compromise the lawsuit at this time,
3. Risk Management Services and the City Attorney's Of1ce recommend the
lawsuit be compromised fbr the total sum of fl10,000, subject to the claimant
providing the City with a release in a lorm to be approved by the City
Attorney.
NOW,'fI-IEIEFORE, the Council directs:
a. The Mayor and the Auditor are hereby authorized to draw and deliver a check
in the amount of $ I 10,000 rnadc payable to Daniel Collins and Matthew
Mcl{enry.
b. Risk Management Services will execute a payment authorization in the
amount set forth in sub-paragraph (a) above.
Seotion 2. The Council declares that an emergency exists in order to avoid undue ancl costly
delay in settling this lawsuit; therefore, this Ordinance shall be in full force and
eflct 'om and after its passage by the Council.
Passed by the Council,
Ma yor C-'harl ie l-lales
Prepared by John Iluchler
Date
lrrepared:
.lune 19,2014
LaVOi.{NIt GIIFFIN-VAI-ADE
Auditor of the City of Portland
llv
Deputy
Crrv or PonTLAND
OFFICE OF MANAGEMENT AND FINANCE
Charlie Hales, Mayor
Fred Miller, Chief Administrative Oflcer
Bryant Enge, Director, Bureau of Internal Business Services
Kate Wood, Manager
Risk Management
1120 S,W. Fifth Avenue, Rm. 709
Portland, Oregon 97204-1912
(s03) 823-s101
FAX (s03) 823-6120
TTY (s03) 823-6868
DATE: June25,2074
TO: Mayor Charlie Hales
FOR MAYOR'S OFFICE USE
ONLY
Reviewed by Bureau Liaison
FROM: Bryant Enge, Director of Internal Business Services
John Buehler 503-823 -5256
RE:
*Pay
claim of Daniel Collins in the sum of $110,000, involving the Police Bureau
(Ordinance)
1. INTENDED WEDNESDAY FILING DATE: July 16,2014
2. REQUBSTBD COUNCIL AGENDA DATE: July 30,2014
3. CONTACT NAME & NUMBBR: John Buehler,503-823-5256
4. PLACE ON:
_CONSENT
r'_
REGULAR
5. BUDGET IMPACT STATBMENT ATTACHED:
;,-Y
-N -N/A
6. (3) ORTGTNAL COPTES OF CONTRACTS APPROVED AS TO FORM By CITY
ATTORNEY ATTACHED: Yes No
/
N/A
7, BACKGROUND/ANALYSIS
This Ordinance resolves a lawsuit brought by Daniel Collins, through his attorney, Matthew
McHenry of Levine & McHenry,LLC. That lawsuit named as defendants the City of Portland
and four of its police officers. The lawsuit alleged claims for violation of civil rights, and state
law claims for assault, battery, false imprisonment and negligence. The lawsuit sought damages
lor medical expenses and for non-economic ("pain and suffering") damages, and also sought
costs and attorney fees.
The lawsuit arose from an incident on December 24,2010, when Portland Police officers were
called to the Barracuda nightclub in the Old Town area of Portland due to fights that had broken
out inside the nightclub. Plaintiff alleged that he was attempting to leave the club when he was
taken to the ground by the responding officers. He testified in deposition that he was then pinned
against a metal post with his arm under him, and that he was therefore unable to comply with
officers' directions. Although there were factual disputes about exactly what happened inside
the nightclub due to the chaotic scene there, it is undisputed that Mr. Collins was Tasered
An Equal Opportunity Employer
To help ensLtre equal access to programs, services and activities, The Office of Management & Finance will
reasonably modify policies/procedures and provide auxiliary aids/services lo persons with disabilities upon request.
mlrltiple times, anel was struclc by the of leers as they attemrted to arrest hinr and renrerve hinr
fiom the building. I-le was rendered unconscious, and was taken by ambulanoe to OITISU f or
treatment.
'l'hc
City has becn lepresentec in thc litigation by Dcputy City Attomey.lirn Rice. A medirtion
scssion was hclcl on April 28"2014, bclbre IJnitecl States District Cor-lrt Jr"rclge Ann Ail<en, Chief'
.lLrdgc lrr thc Orcgon I)istrict, As a rcsult of'substantial negotiation betwcen thc rcspective
parties,aproposedscttlementagreementwasreached. l'otal tobepaidbytheCityisSill0,000.
'l'his
includes all olaims and clalnages, including costs and attorney fees. The City Attorney's
Ofhce and Risk Management concur thal this is a reasonable settlement in liglrt of the potential
exposlrre for a significantly larger verdict if the case went to trial.
8. IINANCIAL IMI'ACT
Approval of the settlement would result in a payment of'$ I 10,000 fi"om the liability fund.
().
RECOMMTiNDA'ilON/ACTION IBQUESTEI)
Approve settlement ol'Daniel Collins bodily injury lawsuit in the sum of $110,000.
Portlancl, Oregon
Ff N.ANCIAtr- I M PAC'' a nd P [.J tr]L[C f N V(} -VE,MN T' ST,ATM E,N T
For Council Action lte ms
(l)lrvcr orrgrnal to City lJu( flicc. l{ctain
I. Name of-lnitiator'
.lohr-r ISuelrler
2.
'l'elephone
No.
503-823-5256
3. BLrreau/Of{cc/Dept.
OMF/Risk Managemenl
4a.
'l'o
be {iled (healing date):
July 30, 2014
4b. Calendar' (Checl< One)
Regulal Consent 4/-5ths
n l X
5. Date Submitted to
Conrmissioner's ofce
and CBO l3udget
Analyst:
6a. Financial Irrpact Section:
ffi
I;inancial irlpact section conrplctec
6b. Public Involvement Section:
ffi
RuUtic involvenrent section completecl
I
)
Lcgislation Title:
*Pay
clainr ol'Daniel Collins in the surn of I 10,000 involving the Police
IJureau. (Ordinance)
2) Purpose of the Proposcd Legislation:
'l'hisordinanoewillcloseOMlrlliskManagementrileNo.G20ll-0313-01
foratotalol'$110,000.
3) Which area(s) of the city are affected by this Council itcm? (Chcck all that apply-arcas
arc based on fbrmal ncighborhood coalition boundarics)?
ffi
City-wicle/legional
f
Nortlieast
f
Northwest
f
North
I
Cerrtral Northeast
I
Southeast
!
Southwest
I
l]ast
!
Central City
FINANCIAI- IMPACT
4) I.evenue: Will this legislation generate or reduce current or future revcnue coming to
.thc City? If so, by how much? If so, please identify the sourcc.
l'lris lcgislation will have no irrpact on City revenue.
5) Expensc: What are the costs to the City as a result of this legislation? What is the source
of funding for fhe cxpcnse? (Plea"^e include crsts in t.he current.fiscal year as well as costs in
/uture.ye(Irs.
I.f-the aclion is relctted lo a grcrnt or conlract
tlease
include the local contribution
rr ntctlchret1uired. IJthere is u project eslintale, please idenfify the level of confidence.)
CosttotheCityis$110,000, Thesouroeol'lrndingistheCity'shrsuranceandClailnslund.
All costof
thc settlernent is ill 1;lre current fiscal year.
Versitn updued as o./',Iune 5,2013
6) Sfafling Rccuirements;
e
Will any positiors be created, eliminated or re*classificd in thc current ycar as a
result of this le gislation'! (lf neu, positions are crectted please include vthether they witl
be part-[ime,.full-time, limiled term, or perntanent posilions. If the
tosition
is lintited
ternt
tlease
indicate the end of'the term.)
No.
.
Will positions bc created or climinated in.future years as n result of this legislation?
No.
(Complete the
Jbllowing
section only if an umendntent to the ltudget s protosed")
7) Change in Appropriations (lf the uccompanying ordinance antends the budget
tlease
reflect
lhe dollar ctntounl l,o be appropriated by rhis legisl.ation. Include the appropriate cost elentents
lhctl are to be loctdedby accounling. Indicate "new" inlund Center columnif'new center neecJs
tr be crectted. Use addition(tl spuce if needecl.)
ll'rocccd
to Public Involvcment Scction
-
IIIQUIRED as of'July 1,2011
Commitment
Item
Versiott updaed s of .[une 5, 20]3
PUBLIC INVOLVEMENT
8) Was public involvement included in the development of this Council item (e.g.
ordinance, resolution, or report)? Please check the appropriate box below:
n
YES: Please proceed to
Question
#9.
X
NO: Please, explain why below; and proceed to
Question
#10.
This Ordinance settles a tort lawsuit filed against the City of Portland by Daniel Collins. The
City Attorney's Office and Risk Management have concluded that it is not appropriate to have
public involvement in settlement negotiations regarding torl claims or lawsuits against the City.
9) If
"YES,"
please answer the following questions:
a) What impacts are anticipated in the community from this proposed Council
item?
b) Which communify and business groups, under-represented groups,
organizations, external government entities, and other interested parties were
involved in this effort, and when and how were they involved?
c) How did public involvement shape the outcome of this Council item?
d) Who designed and implemented the public involvement related to this Council
item?
e) Primary contact for more information on this public involvement process (name,
titleo phone, email):
10) Is any future public involvement anticipated or necessary for this Council item? Please
describe why or why not.
No luture public involvement is anticipated or necessary. Approval by City Council of this
Ordinance will fully settle a tort lawsuit against the City of Portland.
Bryant Enge, Director, BIBS
Kate Wood, Risk Manager
APPROPRIATION UNIT HEAD (Typed name and signature)
Version updted as of June 5,2013