HomeMy WebLinkAbout2013 16_Darnaby_2013.10.01OWASSO CITY COUNCIL
RESOLUTION NO. 2013-16
A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, DESIGNATING THE INTERIM CITY MANAGER
AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT
CONFERENCE SCHEDULED TO BE HELD ON OCTOBER 2, 2013, IN THE
LITIGATION STYLED LARISSA DARNABY v. CITY OF OWASSO,, AND
ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN
THIS LITIGATION MATTER TO THE INTERIM CITY MANAGER.
WHEREAS: The City of Owasso is a Defendant in litigation currently filed in the
United States District Court for the Northern District of Oklahoma captioned as
Larissa Darnaby v. City of Owasso, United States District Court for the Northern
District of Oklahoma, Case No. 12-CV-059-GKF-TLW, and,
WHEREAS: The Defendant has been ordered to attend a settlement conference
by the Court to occur on the 2nd day of October, 2013, at the United States
Courthouse in Tulsa, Oklahoma, and to bring an authorized representative
possessing full and final settlement authority to be used at his or her discretion
during the settlement conference, and,
WHEREAS: The City of Owasso wishes to vest full and final settlement authority in
the Interim City Manager, Warren Lehr, and additionally designate the Interim
City Manager as the City's representative for the settlement conference.
THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT: Warren Lehr, in his capacity as Interim City Manager, is hereby
designated as the settlement representative for the City of Owasso for purposes
of the above-described settlement conference,
AND, BE IT FURTHER RESOLVED THAT: Warren Lehr is hereby vested with full and
final settlement authority on behalf of the City of Owasso in the above-styled
litigation matter.
APPROVED AND ADOPTED this 1 st day of October, 2013, by the City Council of
the City of Owasso, Oklahoma.
Be a e, ayor
Tl,e City Wit out Li snits.
TO: The honorable Mayor and City Council
City of Owasso
APPO~~ fr
2013
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Resolution 2013-16
Settlement Conference in Larissa Darnaby v. The City of Owasso
DATE: September 27, 2013
BACKGROUND:
This is an employment law action in which the Plaintiff claims she was unlawfully terminated by
the City o€ Owasso. Specifically, the Plaintiff contends that her termination violated The
Americans with Disabilities Act, the Family Medical Leave Act and Title Vil of the Civil Rights Act
of 1964 (alleging gender-based discrimination). Plaintiff additionally alleges that she was
subjected to a hostile work environment, that emotional distress was intentionally inflicted upon
her and that she incurred retaliation when she made complaints regarding her work
environment.
The Federal Code of Civil Procedure requires attendance at a settlement conference by a
person vested with full settlement authority on behalf of any organization or entity named as a
party in a federal lawsuit. Although a representative cannot be compelled to settle a case, all
parties are required by the Court to confer full settlement authority upon a representative to be
used at the representative's discretion during the settlement conference.
The Court has issued an order in this case scheduling a settlement conference for the Plaintiff,
the Defendant and their respective attorneys on October 2, 2013, at the federal courthouse,
and has compelled attendance and participation by all parties. Consequently, if is necessary
for the City of Owasso to designate a representative to attend the settlement conference on
behalf of the City and to additionally confer full and final settlement authority in this litigation
upon that representative,
RECOMMENDATION:
Staff recommends the City Council designate the Interim City Manager, Warren Lehr, as the
City`s authorized settlement representative for the settlement conference in the case of Larissa
Darnaby v. City of Owasso, and additionally confer full and final settlement authority upon the
Interim City Manager in this matter through approval of proposed Resolution 2013-16
memorializing the same.
ATTAC HM ENT:
Resolution 2013-16