HomeMy WebLinkAbout2013.11.05_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
RECEIVED
TYPE OF MEETING: Regular
DATE: November 5, 2013
NOV 0 ` 1013 }
TIME: 6:30 P.M.
PLACE: Council Chambers, Old Central Building
City Clerks office
109 N. Birch
Notice and agenda filed in the office of the City Clerk jaandy,posted at ity all at 6:00 p.m. on
Friday, November 1, 2013. f
Sherry Bishop, 'y Clerk
AGENDA
1. Call to Order
Mayor Doug Bonebrake
2. Invocation
Lead Pastor Doug Gregg of Lifepoint Baptist Church
1 Flag Salute
4. Roll Call
5. Presentation of the Character Trait of Initiative
Gary Akin, Character Council Member
6. Presentation by Bailey Elementary First Lego League Team
Liz Swearingen, Bailey Elementary
7. Consideration and appropriate action relating to a request for approval of the Consent
Agenda. All matters listed under "Consent" are considered by the City Council to be routine
and will be enacted by one motion. Any Councilor may, however, remove on item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non-debatable.
A. Approval of Minutes of the October 15, 2013 Regular Meeting
Attachment #7A
B. Approval of Claims
Attachment #7B
8. Consideration and appropriate action relating to items removed from the Consent Agenda
9. Consideration and appropriate action relating to the acceptance of two Sam's Club grants
and budget amendments In the General Fund and the Hotel Tax Fund
Linda Jones
Attachment #9
Staff recommends acceptance of two grants and approval of a budget amendment
increasing the estimated revenues and the appropriation for expenditures by $4,000 in
General Fund Police Services and by $1,000 in the Hotel Tax Fund Strong Neighborhood.
Owasso City Council
November 5, 2013
Page 2
10. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing confidential communications between the City of Owasso and its
attorney, relating to litigation styled Mike Denton v. Dan Yancey, Rodney Ray and the City of
Owasso, 13-CV-709-TCK-TLW; and Smokey Davidson v. City of Owasso, Jarod Mitchell and
Bobby Sordo, 13-CV-658-GFK-TLW; such executive session provided for in O.S. 25, Section
307(6)(4)
Julie Lombardi
11. Consideration and appropriate action relating to Resolution 2013-18, authorizing the City to
provide a legal defense for Officer Jarod Mitchell and Officer Bobby Sordo in the litigation
titled Smokey Davidson v. City of Owasso, Jarod Mitchell and Bobby Sordo, and additionally
to hire Attorney Keith Wilkes to represent the City of Owasso, Officer Jarod Michell and
Officer Bobby Sordo
Julie Lombardi
Attachment #11
Staff recommends approval of Resolution No. 2013-18.
12. Consideration and appropriate action relating to Resolution 2013-19, authorizing the City to
provide a legal defense for former Police Chief Dan Yancey and Former City Manager
Rodney Ray in the litigation titled Mike Denton v. Dan Yancey, Rodney Ray and the City of
Owasso, and additionally to hire Attorney Keith Wilkes to represent the City of Owasso, Dan
Yancey and Rodney Ray
Julie Lombardi
Attachment #12
Staff recommends approval of Resolution No. 2013-19.
13. Report from City Manager
• Monthly Project Status Report
• Youth Sports Report
14. Report from City Attorney
15. Report from City Councilors
16. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
17. Adjournment
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, October 15, 2013
The Owasso City Council met in regular session on Tuesday, October 15, 2013 in the Council
Chambers at Old Central per the Notice of Public Meeting and Agenda filed in the office of the
City Clerk and posted on the City Hall bulletin board at 6:00 p.m. on Friday, October 11, 2013.
1. Call to Order
Mayor Doug Bonebrake called the meeting to order at 6:30 pm.
2. Invocation
The invocation was given to Apostle David Priest of The Rock of Greater Tulsa.
3. Flag Salute
Councilor Brown led the flag salute
4. Roll Call
Mayor - Doug Bonebrake: Present
Vice Mayor - Chris Kelley: Present
Councilor-Charlie Brown: Present
Councilor - Jeri Moberly: Absent
Councilor - Patrick Ross: Absent
Staff
Interim City Manager- Warren Lehr
City Attorney - Julie Lombardi
A quorum was declared present
5. Proclamation of National Community Planning Month
Mayor Bonebrake presented a proclamation declaring October to be National
Community Planning Month in the City of Owasso.
6. Recognition of the Employee of the Quarter
Warren Lehr presented the Employee of the Quarter, Andrew Neyman
Consideration and appropriate action relating to a request for City Council approval of
the Consent Agenda. All matters listed under "Consent" are considered by the City
Council to be routine and will be enacted by one motion. Any Councilor may, however,
remove an item from the Consent Agenda by request. A motion to adopt the Consent
Agenda is non-debatable.
A. Approval of Minutes of the October 1, 2013 Regular Meeting and the October 8,
2013 Work Session
B. Approval of Claims
C. Receipt of the Monthly Budget Status Report
Owasso City Council
October 15, 2013
Page 2
D. Council authorization for the Mayor to execute the following "Agreements for
Urban Engineering Services"
• Ash Grove Cement Terminal: Site, paving, water line, and other utilities
• Mernory Care Facility: Water and sewer lines
• The Harker Group, LLC: Site, paving, and drainage
• Clinch Martial Arts Academy: Site, paving, and drainage
E. Acceptance of Willis Farms Onsite Water and Sanitary Sewer Infrastructure
Mr. Brown requested item B be removed for separate consideration. Mr. Brown moved,
seconded by Dr. Kelley to approve, A, C, D, and E of the Consent Agenda.
Mayor - Doug Bonebrake: Approve
Vice Mayor - Chris Kelley: Approve
Councilor -Charlie Brown: Approve
Motion carried 3-0
8. Consideration and appropriate action relating to items removed from the Consent
Agenda
After discussion, Mr. Brown moved, seconded by Dr. Kelley to approve item B with claims
totaling $282,314.23. Also, included for review were the self-insurance claims report and
the payroll payment report for 10/05/13.
Mayor - Doug Bonebrake: Approve
Vice Mayor - Chris Kelley: Approve
Councilor -Charlie Brown: Approve
Motion carried 3-0
9. Consideration and appropriate action relating to the renewal of excess workers'
compensation coverage
Michele Dempster presented the item recommending authorization for the City
Manager to execute a contract with New York Marine & General/Midlands
Management for Specific Excess Workers' Compensation Insurance in the amount of
$55,276.
After discussion, Mr. Brown moved, seconded by Dr. Kelley to approve renewal of excess
workers' compensation coverage, as recommended.
Mayor -Doug Bonebrake: Approve
Vice Mayor - Chris Kelley: Approve
Councilor -Charlie Brown: Approve
Motion carried 3-0
Owasso City Council
October 15, 2013
Page 3
10. Consideration and appropriate action relating to the renewal of property-casualty
insurance coverage
Michele Dempster presented the item recommending authorization for the City Manger
to execute contracts with Allianz in the amount of $57,287 and with Homeland (One
Beacon) in the amount of $10,600 for property-casualty insurance coverage at a total
cost of $67,887.
After discussion, Dr. Kelley moved, seconded by Mr. Brown to approve the contracts with
Allianz and with Homeland (One Beacon), as recommended.
Mayor - Doug Bonebrake: Approve
Vice Mayor - Chris Kelley: Approve
Councilor -Charlie Brown: Approve
Motion carried 3-0
11. Consideration and appropriate action relating to the acceptance of Three Lakes
Channel Project and authorization for final payment
Earl Farris presented the item recommending acceptance of the contract work and
authorization for final payment to Tri-Star Construction in the amount of $30,051.61
resulting in a final contract amount of $601,032.10.
After discussion, Mr. Brown moved, seconded by Dr. Kelley to accept the Three Lakes
Channel Project and approve final payment of $30,051.61 to Tri-Star Construction, as
recommended.
Mayor - Doug Bonebrake: Approve
Vice Mayor - Chris Kelley: Approve
Councilor - Charlie Brown: Approve
Motion carried 3-0
12. Consideration and appropriate action relating to the purchase of a service truck for
Stormwater/Vegetation Control
Tim Doyle presented the item recommending approval to purchase a service vehicle
from Bill Knight Ford, Tulsa, Oklahoma per state bid for $42,128.
After discussion, Mr. Brown moved, seconded by Dr. Kelley to authorize the purchase, as
recommended.
Mayor - Doug Bonebrake: Approve
Vice Mayor - Chris Kelley: Approve
Councilor - Charlie Brown: Approve
Motion carried 3-0
Owasso City Council
October 15, 2013
Page 4
13. Consideration and appropriate action relating to the purchase of a service truck for the
Street Division
Tim Doyle presented the item recommending approval to purchase a service vehicle
from Bill Knight Ford, Tulsa Oklahoma per state bid for $51,912.
After discussion, Dr. Kelley moved, seconded by Mr. Brown to authorize the purchase, as
recommended.
Mayor -Doug Bonebrake: Approve
Vice Mayor - Chris Kelley: Approve
Councilor-Charlie Brown: Approve
Motion carried 3-0
14. Consideration and appropriate action relating to the purchase of an emergency power
generator
Mark Stuckey presented the item recommending to award a bid and to approve the
purchase of an emergency power generator in the amount of $31,948 from Clifford
Power Systems of Tulsa for Fire Station No. 1.
After discussion, Dr. Kelley moved, seconded by Mr. Brown to authorize the purchase, as
recommended.
Mayor - Doug Bonebrake: Approve
Vice Mayor - Chris Kelley: Approve
Councilor - Charlie Brown: Approve
Motion carried 3-0
is. Consideration and appropriate action relating to roof and siding repairs for Fire Station
No. 1
Mark Stuckey presented the item recommending to award bid to High Point Roofing of
Bixby for replacement and repairs to the siding and roofing in the amount of $29,563.
After discussion, Mr. Brown moved, seconded by Dr. Kelley to authorize the roof
replacement and repairs, as recommended.
Mayor -Doug Bonebrake: Approve
Vice Mayor - Chris Kelley: Approve
Councilor -Charlie Brown: Approve
Motion carried 3-0
Owasso City Council
October 15, 2013
Page 5
16. Consideration and appropriate action relating to the Phase II Owasso Police Multi-Use
Firearms Training Facility Project Construction Bid Award
Scott Chambless presented the item recommending to award bid of a construction
contract to Cherokee Pride Construction in the amount of $56,480 for Phase II of the
Police Multi-Use Firearms Training Facility.
After discussion, Dr. Kelley moved, seconded by Mr. Brown to authorize bid to Cherokee
Pride Construction, as recommended.
Mayor -Doug Bonebrake: Approve
Vice Mayor - Chris Kelley: Approve
Councilor -Charlie Brown: Approve
Motion carried 3-0
17. Report from City Manager
Larry Langford presented the Public Golf Monthly Status Report
Warren Lehr announced the upcoming events:
• Sam's Club Ribbon Cutting - Thursday, October 241h at 8:00 am
• Harvest Fest / Barktober Fest - Saturday, October 26th, 11:00 am - 4:00 pm
• Tulsa Technology Ribbon Cutting -Monday, October 281h at 10:00 am
18. Report from City Attorney
Julie Lombardi provided information regarding a new lawsuit filed against the City of
Owasso, and Police Officers Jarod Mitchell and Bobby Sordo, by Smokey Don Davidson.
Ms. Lombardi advised that a resolution authorizing the City to provide a legal defense for
the two police officers named in the lawsuit will be presented to the City Council at the
first meeting in November. Ms. Lombardi informed the Council that a status report of all
litigation matters would be provided to them electronically the next day.
14. Report from City Councilors
Mayor reported utilization of Rayola Park for Harvest Fest, exciting times, and
appreciation of all efforts.
20. New Business
None
Owasso City Council
October 15, 2013
Page 6
21. Adjournment
Mr. Brown moved, seconded by Dr. Kelley to adjourn the meeting.
Mayor - Doug Bonebrake: Approve
Vice Mayor- Chris Kelley: Approve
Councilor -Charlie Brown: Approve
Motion carried 3-0 and the meeting was adjourned at 7:31 pm.
Doug Bonebrake, Mayor
Lisa Wilson, Minute Clerk
Claims List
11/5/2013
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
GENERAL
TREASURER PETTY CASH
HARVEST FEST REFAWALKER
35.00
TREASURER PETTY CASH
CC REFUNDlXAIYASANG
100.00
TREASURER PETTY CASH
CC REFUNDfLAWLESS
50.00
TREASURER PETTY CASH
CC REFUND/COUCH
50.00
TREASURER PETTY CASH
CC REFUND/YOUTH SERVICES
50.00
TREASURER PETTY CASH
HARVEST FEST REF/PORTUGAL
35.00
TREASURER PETTY CASH
HARVEST FEST REF/BECK
35.00
TREASURER PETTY CASH
CC REFUND/PHILLIPS
50.00
TREASURER PETTY CASH
CC REFUND/BALDEON
50.00
TREASURER PETTY CASH
CC REFUND/PAYNE
50.00
TREASURER PETTY CASH
CC REFUND/GILL
50.00
TREASURER PETTY CASH
CC REFUND/PRESENCE MINIST
100.00
TREASURER PETTY CASH
CC REFUND/MCGAUGHEY
100.00
TREASURER PETTY CASH
LIAB EVID/CAVANAGH
117.00
TREASURER PETTY CASH
CC REFUND/HENDERSON
50.00
TREASURER PETTY CASH
CC REFUND/BRIGGS
50.00
TREASURER PETTY CASH
CC REFUND/CREAGER
50.00
TREASURER PETTY CASH
CHARACTER REIMB/FRONTIER
200.00
TOTAL GENERAL 1,222.00
MUNICIPAL COURT
YOUTH SERVICES OF TULSA
YOUTH SERVICES
3,750.00
ICHARLES N. ROMANS
BAILIFF SERVICES
350.00
TOTAL MUNICIPAL COURT 4,100.00
MANAGERIAL
JPMORGAN CHASE BANK
SAMS-SUPPLIES
50.80
STRATEGIC GOVERNMENT RESOURCES, INC
CITY MANAGER SEARCH PROCE
11,115.71
JPMORGAN CHASE BANK
HOBBY LOBBY-FRAME
57.50
JPMORGAN CHASE BANK
CTR EXEC-BUDGET WORKSHOP
30.00
JPMORGAN CHASE BANK
CITY MGMT-CMAO MEETING
115.00
JPMORGAN CHASE BANK
BAILEY RANCH-EMP APPREC
28.00
TOTAL MANAGERIAL 11,397.01
FINANCE
JPMORGAN CHASE BANK
CONFERENCE EXPENSE
11.94
JPMORGAN CHASE BANK
LODGING EXPENSE-JONES
231.00
JPMORGAN CHASE BANK
OFFICE DEPOT-TONER
16614
TREASURER PETTY CASH
CHECK REORDER
85.50
TOTAL FINANCE 494M
HUMAN RESOURCES
JPMORGAN CHASE BANK
CLAREMORE DAILY-ADVERTISE
148.89
JPMORGAN CHASE BANK
TULSA WORLD-ADVERTISING
2,357.20
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
9.09
MCAFEE & TAFT
LEGAL FEES
1,831.38
MCAFEE & TAFT
LEGAL FEES - DENTON
2,407.57
Page 1
Claims List
11/5/2013
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
HUMAN RESOURCES...
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
28.36
URGENT CARE OF GREEN COUNTRY, P.L.L
PRE-EMPLOYMENT DRUG SCREE
75.00
URGENT CARE OF GREEN COUNTRY, P.L.L
RANDOM DRUG SCREENING
105.00
RICH & CARTMILL, INC
TREASURER'S BOND
450.00
GREENWOOD PERFORMANCE SYSTEMS INC
GOOD TO GREAT FAST TRACK
500.00
NAVEX GLOBAL, INC
SILENT WHISTLE
1,500.00
TOTAL HUMAN RESOURCES 9,412.49
HR- CHARACTER INITIATIVE
JPMORGAN CHASE BANK
ADMIRAL EXP-SUPPLIES 19130
TOTAL HR- CHARACTER INITIATIVE 192.30
GENERAL GOVERNMENT
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
137.45
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
27.49
DRAKE SYSTEMS INC
COPIER USAGE
382.53
AEPIPSO
ELECTRIC USE
5,341.42
CINTAS CORPORATION
CARPET/MAT CLEANING
55.24
TULSA COFFEE SERVICE INC
COFFEE SUPPLIES
65.83
COMMUNITY PUBLISHERS INC
PUBLICATIONS
20.00
RICOH USA, INC.
COPIER SERVICE & SUPPLIES
399.73
AT&T
CONSOLIDATED PHONE BILL
692.67
MCAFEE & TAFT
LEGAL FEES - PALES
5,587.60
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
74.16
MCAFEE & TAFT
LEGAL FEES
2,655.00
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
242.92
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
27.49
TOTAL GENERAL GOVERNMENT 15,709.53
COMMUNITY DEVELOPMENT
JPMORGAN CHASE BANK
HOLIDAY INN-LODGING EXP
192.92
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
4.79
JOHNNY-WAYNE MCKNIGHT
CODE ENFORCEMENT MOWING
150.00
KENNETH LIVINGSTON
CODE ENFORCEMENT MOWING
150.00
INCOG
INCOG 1ST QTR DUES
5,140.75
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
20.69
TOTAL COMMUNITYDEVELOPMENT 5,659.15
ENGINEERING
JPMORGAN CHASE BANK
JAMAR TECH-TRAFFIC CNTR
402.35
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
20.56
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
20.56
UNITED STATES CELLULAR CORPORATION
CELL BILL
62.63
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
20.56
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
54.98
TREASURER PETTY CASH
MILEAGE REIMS/HENDERSON
155.94
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
87.09
Page 2
Claims List
11/5/2013
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
ENGINEERING...
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
11.04
TOTAL ENGINEERING
835.71
INFORMATION TECHNOLOGY
JPMORGAN CHASE BANK
SSNETNORKS-BAR CODE SCNR
45.00
JPMORGAN CHASE BANK
TATE BOYS-PUSH CART REPR
8.48
JPMORGAN CHASE BANK
OFFICE DEPOT-BATTERY
79.99
JPMORGAN CHASE BANK
SHI-MS OFFICE LICENSE
244.00
JPMORGAN CHASE BANK
OFFICE DEPOT-ADAPTER
62.98
JPMORGAN CHASE BANK
3GSTORE-EXTERNAL ANTENNA
42.44
USA MOBILITY WIRELESS, INC
PAGER USE
8.86
TOTAL INFORMATION TECHNOLOGY 491.75
SUPPORT SERVICES
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
17.86
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
7.96
JPMORGAN CHASE BANK
LOCKE-REPAIR PARTS
5.40
JPMORGAN CHASE BANK
LOCKE-BATTERIES
92.19
JPMORGAN CHASE BANK
LOWES-CAR WASH PARTS
9.50
JPMORGAN CHASE BANK
LOWES-FLAG POLE LGT BULB
5.98
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
14.39
JPMORGAN CHASE BANK
LOWES-FLAG POLE LIGHT
19.65
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
39.29
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
17.86
JPMORGAN CHASE BANK
LOCKE-LIGHT BULBS
27.95
JPMORGAN CHASE BANK
INTERSTATE-BATTERY
4.84
JPMORGAN CHASE BANK
HAMBRICK-BOILER SWITCH
170.00
JPMORGAN CHASE BANK
HAMBRICK-LIMIT BOILER
292.00
JPMORGAN CHASE BANK
LOCKE-REPAIR PARTS
49.81
JPMORGAN CHASE BANK
LOWES-LIGHTS
29.21
SPRINT SOLUTIONS, INC.
SPRINT CARDS
79.98
AT&T
CONSOLIDATED PHONE BILL
77.06
JPMORGAN CHASE BANK
LOWES-LIGHT BULBS
27.92
JPMORGAN CHASE BANK
COX-INTERNET SERVICE
69.95
JPMORGAN CHASE BANK
LOWES-LEAK REPAIR
62.74
JPMORGAN CHASE BANK
JOHNSTONE-CAR WASH PARTS
126.05
JPMORGAN CHASE BANK
TULSA CLEANING-WASH PARTS
66.17
TOTAL SUPPORT SERVICES 1,313.76
CEMETERY
JPMORGAN CHASE BANK LOWES-LUMBER
17.71
AEP/PSO ELECTRIC USE
1
36.88
TOTAL CEMETERY
54.591
POLICE SERVICES
AEPiPSO
ELECTRIC USE
2,816.58
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
242.92
Page 3
Claims List
11!5!2013
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
POLICE SERVICES.,.
JPMORGAN CHASE BANK
HILLS PET-SUPPLIES
159.28
JPMORGAN CHASE BANK
WALMART-SUPPLIES
17.31
JA CAPITAL, LLC
COPIER LEASE
100.00
JA CAPITAL, LLC
COPIER LEASE
100.00
JA CAPITAL, LLC
COPIER LEASE
100.00
JA CAPITAL, LLC
COPIER LEASE
100.00
BAILEY MEDICAL CENTER, LLC ATTN: ER
BLOOD DRAW
32.00
JPMORGAN CHASE BANK
THOMSON-SEPT CLEAR ACCESS
168.30
USA MOBILITY WIRELESS, INC
PAGER USE
35.44
JPMORGAN CHASE BANK
LODGING EXPENSE-CHAMBLESS
405.00
JPMORGAN CHASE BANK
TRAVEL EXPENSE-CHAMBLESS
25.88
JPMORGAN CHASE BANK
TRAVEL EXPENSE-CHAMBLESS
5.46
JPMORGAN CHASE BANK
TRAVEL EXPENSE-CHAMBLESS
15.54
JPMORGAN CHASE BANK
TRAVEL EXPENSE-CHAMBLESS
12.20
JPMORGAN CHASE BANK
PHOENIX-FIREARMS SUPPLIES
1,635.52
JPMORGAN CHASE BANK
WATERSTONE-DRY CLEANING
1,156.55
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
14.90
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
10.98
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
82.47
JPMORGAN CHASE BANK
TRAVEL EXPENSE-CHAMBLESS
33.70
TREASURER PETTY CASH
FUEL
85.18
JPMORGAN CHASE BANK
SPECIAL OPS-UNIFORMS
43.96
JPMORGAN CHASE BANK
SPECIAL OPS-UNIFORMS
590.79
JPMORGAN CHASE BANK
SPECIAL OPS-UNIFORMS
92.47
AT&T
CONSOLIDATED PHONE BILL
493.86
JPMORGAN CHASE BANK
TRAVEL EXPENSE-CHAMBLESS
19.98
JPMORGAN CHASE BANK
TRAVEL EXPENSE-CHAMBLESS
10.26
JPMORGAN CHASE BANK
WALMART-HEARING/EYE PROT
67.44
JPMORGAN CHASE BANK
TROPHY & PLAQUE-PLAQUE
76.50
JPMORGAN CHASE BANK
WALMART-JUMP PACK
106.82
JPMORGAN CHASE BANK
SUPERVISOR MTG EXPENSE
3.26
JPMORGAN CHASE BANK
AMAZON-LAW ENFORCMT BOOK
2194
JPMORGAN CHASE BANK
AT YOUR SERVICE-RENTAL
80.32
JPMORGAN CHASE BANK
WALMART-SUPPLIES
15.92
JPMORGAN CHASE BANK
SW SOLUTIONS-SUPPLIES
32.88
JPMORGAN CHASE BANK
SUPERVISOR MTG EXPENSE
76.73
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
12.98
JPMORGAN CHASE BANK
SAFARILAND-SUPPLIES
71.49
TOTAL POLICE SERVICES 9,174.81
POLICE COMMUNICATIONS
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
40.96
JPMORGAN CHASE BANK
AMAZON-SUPPLIES
37.39
JPMORGAN CHASE BANK
SAV ON-REPORTING CARDS
60.00
JPMORGAN CHASE BANK
WALMART-PRISONER BOARD
118.54
Page 4
Claims List
11/5/2013
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
POLICE COMMUNICATIONS...
JPMORGAN CHASE BANK
WALMART-PRISONER BOARD
53.91
JPMORGAN CHASE BANK
PSTC-911 CARES-UNIFORMS
12162
JPMORGAN CHASE BANK
WALMART-SUPPLIES
25.36
JPMORGAN CHASE BANK
WATERSTONE-DRY CLEANING
57.00
JPMORGAN CHASE BANK
PUBLICSAFE-UNIFORMS
12.99
JPMORGAN CHASE BANK
PUBLICSAFE-SUPPLIES
134.87
LANGUAGE LINE SERVICES
SEPT LANGUAGE LINE SVCS
30.86
JPMORGAN CHASE BANK
STITCHART-UNIFORMS
590.00
AEP/PSO
ELECTRIC USE
172.13
TOTAL POLICE COMMUNICATIONS 1,457.63
ANIMAL CONTROL
AEP/PSO
ELECTRIC USE
248.37
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
13.10
JPMORGAN CHASE BANK
GALLS-UNIFORMS
167.93
JPMORGAN CHASE BANK
DELL-PRINTER TONER
87.99
JPMORGAN CHASE BANK
GALLS-UNIFORMS
135.01
JPMORGAN CHASE BANK
HILLS PET-SUPPLIES
96.08
JPMORGAN CHASE BANK
HILLS PET-SUPPLIES
96.08
JPMORGAN CHASE BANK
HOME DEPOT-SUPPLIES
120.64
JPMORGAN CHASE BANK
WATERSTONE-DRY CLEANING
77.85
JPMORGAN CHASE BANK
PETSMART-SUPPLIES
19.64
JPMORGAN CHASE BANK
REASORS-SUPPLIES
20.56
JPMORGAN CHASE BANK
REASORS-SUPPLIES
26.84
JPMORGAN CHASE BANK
HOBBY LOBBY-SUPPLIES
16.21
JPMORGAN CHASE BANK
GALLS-AC UNIFORMS
130.01
JPMORGAN CHASE BANK
TULSA PETS-ADVERTISING
50.00
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
62.49
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
49.35
JPMORGAN CHASE BANK
VORTECH-SUPPLIES
182.56
JPMORGAN CHASE BANK
AUTOZONE-SUP PLIES
42.16
JPMORGAN CHASE BANK
OREILLY-SUPPLIES
3314
AT&T
CONSOLIDATED PHONE BILL
79.21
TOTAL ANIMAL CONTROL 1,755.82
FIRE SERVICES
AT&T
CONSOLIDATED PHONE BILL
416.28
JPMORGAN CHASE BANK
ATWOODS-SUPPLIES
19.90
NORTH AMERICA FIRE EQUIPMENT CO.
UNIFORM CLOTHING
543.39
NORTH AMERICA FIRE EQUIPMENT CO.
UNIFORM CLOTHING
55.63
NORTH AMERICA FIRE EQUIPMENT CO.
UNIFORM CLOTHING
455.40
BIG POPPY'S UNIFORMS & APPAREL
UNIFORMS
1,686.00
WAYNE R. GAYLORD
BUILDING MAINTENANCE
80.00
NORTH AMERICA FIRE EQUIPMENT CO.
UNIFORM CLOTHING
104.23
NORTH AMERICA FIRE EQUIPMENT CO.
UNIFORM CLOTHING
33.00
NORTH AMERICA FIRE EQUIPMENT CO.
UNIFORM CLOTHING
96.00
Page 5
Claims List
11/5/2013
Budget Unit Title
SERVICES...
Vendor Name
AMERICA FIRE EQUIPMENT CO.
AMERICA FIRE EQUIPMENT CO.
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
GAN CHASE BANK
:GAN CHASE BANK
AMERICA FIRE EQUIPMENT CO.
AMERICA FIRE EQUIPMENT CO.
AMERICA FIRE EQUIPMENT CO.
'.GAN CHASE BANK
;GAN CHASE BANK
;GAN CHASE BANK
;GAN CHASE BANK
;GAN CHASE BANK
:GAN CHASE BANK
;GAN CHASE BANK
:GAN CHASE BANK
IGAN CHASE BANK
IGAN CHASE BANK
IGAN CHASE BANK
IGAN CHASE BANK
:GAN CHASE BANK
IGAN CHASE BANK
;GAN CHASE BANK
CLOTHING
CLOTHING
:ONRAD FIRE-VEHICLE PARTS
'.ONRAD FIRE-VEHICLE PARTS
NTERSTATE-BATTERIES
.OWES-STATION SUPPLIES
>REILLY-STATION SUPPLIES
SIGNS-DECAL NAMES
ILLY-M-1 BULBS
;ENET-COPIER SERVICES
ILLY-SUPPLIES
MAIL THIS-SHIPPING COSTS
LOCKE-STATION SUPPLIES
LOCKE-STATION SUPPLIES
DISTRIS-SUPPLIES
4 POL SUPPLY-SUPPLIES
ON-BUSINESS CARDS
.Y-SUPPLIES
?M CLOTHING
2M CLOTHING
2M CLOTHING
ACCURATE FIRE-REP/MAINT
LOCKE-RADIANT HEATER PART
LOCKE-RADIANT HEATER PART
OFFICE DEPOT-SUPPLIES
WALMART-SUPPLIES
HOME DEPOT-SUPPLIES
INTEGRIS-PHYSICAL
TRACTOR SUPPLY-SUPPLIES
OPS-UNIFORM
FIRE-VEHICLE PARTS
NATION SUPPLIES
Amount
2,039.23
96.10
89.50
676.75
198.76
56.65
zs.2o
61.96
50.67
397.50
79.35
5.90
25.37
11.99
48.45
13.00
46.77
102.50
30.00
47.18
7.56
490.54
108.25
720.00
7.22
414.00
15.61
118.79
62.15
3,
29.97
Page 6
Claims List
11/5/2013
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
FIRE SERVICES...
JPMORGAN CHASE BANK
CON FLEET-RECERTIFICATION
650.00
JPMORGAN CHASE BANK
P&K EQUIP-EQUIP REPAIR
6.15
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
77.48
AT&T MOBILITY
WIRELESS SERVICE
47.84
AEPIPSO
ELECTRIC USE
3.938.02
JPMORGAN CHASE BANK
OKIE-EXTRICATION SERVICE
1,500.00
JPMORGAN CHASE BANK
TRACE ANALYTICS-TESTING
310.00
JPMORGAN CHASE BANK
WAYEST-MASK FITTEST
5,719.90
JPMORGAN CHASE BANK
OREILLY-CREDIT FOR BULBS
-19.71
JPMORGAN CHASE BANK
OFFICE DEPOT-RETURN
-3.73
TOTAL FIRE SERVICES 26,805.64
EMERGENCY PREPAREDNES
AEPlPSO
ELECTRIC USE
110.53
JPMORGAN CHASE BANK
LOWES-LIGHT BULBS
9.96
AT&T
CONSOLIDATED PHONE BILL
40.97
TOTAL EMERGENCY PREPAREDNESS 161.46
STREETS
JPMORGAN CHASE BANK
LOWES-SPRAYER
14.97
JPMORGAN CHASE BANK
ATWOODS-GREASE
59.76
JPMORGAN CHASE BANK
HOLDERS-PADLOCKS
70.97
JPMORGAN CHASE BANK
EQUIPMENT ONE-RENTAL
70.00
JPMORGAN CHASE BANK
FASTENAL-CAUTION TAPE
14.81
AEP/P5O
ELECTRIC USE
1,418.54
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
106.23
USA MOBILITY WIRELESS, INC
PAGER USE
48.13
ROADSAFE TRAFFIC SYSTEMS, INC
FY 2012-2013 PAVEMENT STIR
15,482.15
ARROW FENCE
REMOVAL AND REPLACEMENT
5,977.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
36.03
TWIN CITIES READY MIX, INC
CONCRETE
810.00
APAC-OKLAHOMA, INC.
ASPHALT FOR RIR TRACK
840.84
SIGNALTEK INC
SEPT MAINT/OCT RETAINER
3,148.45
JPMORGAN CHASE BANK
DIESEL-PLOW REPAIR
191.21
JPMORGAN CHASE BANK
DIESEL-PLOW REPAIR
664.00
JPMORGAN CHASE BANK
GELLCO-BOOTS/MARTIN
135.00
JPMORGAN CHASE BANK
GELLCO-BOOTSNAUGHAN
116.99
JPMORGAN CHASE BANK
HOME DEPOT-HANGER/ANCHOR
21.56
JPMORGAN CHASE BANK
MAXWELL-SAW BLADE
783.94
JPMORGAN CHASE BANK
P&K EQUIP-FUEL TANK
113.28
JPMORGAN CHASE BANK
ATBATT-TOUGHBOOK BATTERY
179.98
JPMORGAN CHASE BANK
CRC EVANS-18 VOLT BATTERY
90.99
JPMORGAN CHASE BANK
LOCKE-SAW PARTS
12.69
JPMORGAN CHASE BANK
VANCE BRO-TACK
53.55
APAC-OKLAHOMA, INC.
ASPHALT
796.05
TWIN CITIES READY MIX, INC
CONCRETE
910.00
Page 7
Claims List
11/5/2013
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
STREETS...
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
37.98
JPMORGAN CHASE BANK
OREILLY-BELTS
76.02
JPMORGAN CHASE BANK
SHERWIN WMS-TOOL
7.64
JPMORGAN CHASE BANK
FASTENAL-HARD HATS
45.08
JPMORGAN CHASE BANK
EQUIPMENT ONE-PROPANE
15.16
TOTAL STREETS 32,349.00
STORMWATER
TREASURER PETTY CASH
PARKING EXPENSE
4.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
27.93
APAC-OKLAHOMA, INC.
ASPHALT FOR ROAD REPAIR
135.83
JPMORGAN CHASE BANK
ATBATT-TOUGHBOOK BATTERY
269.98
JPMORGAN CHASE BANK
P&K EQUIP-EDGER CLAMP
7.16
JPMORGAN CHASE BANK
P&K EQUIP-MOWER RADIATOR
654.55
SPRINT SOLUTIONS, INC.
SPRINT CARDS
39.99
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
27.93
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
27.93
USA MOBILITY WIRELESS, INC
PAGER USE
51.63
JPMORGAN CHASE BANK
P&K EQUIP-EDGER BLADES
16.73
JPMORGAN CHASE BANK
P&K EQUIP-EDGER
371.49
JPMORGAN CHASE BANK
ATWOODS-WINTER WEAR
94.99
JPMORGAN CHASE BANK
P&K EQUIP-EDGER BLADES
119.50
TOTAL STORMWATER 1,849.64
PARKS
JPMORGAN CHASE BANK
ATWOODS-GLOVES
14.98
AT&T
CONSOLIDATED PHONE BILL
269.57
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
4.75
JPMORGAN CHASE BANK
LOWES-PARTS FOR ELM CRK
1.87
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
47.75
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
132.64
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
7.49
JPMORGAN CHASE BANK
P&K EQUIP-WEEDEATER PARTS
94.54
JPMORGAN CHASE BANK
P&K EQUIP-WEEDEATER PART
37.99
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
7.95
AEP/PSO
ELECTRIC USE
1,452.54
ADT SECURITY SERVICES INC
ALARM SERVICES
63.07
OLEN MASINGALE
MOWING ELM CREEK
630.00
OLEN MASINGALE
MOWING ATOR PARK
195.00
OLEN MASINGALE
MOWING CENTENNIAL PARK
1,950.00
UNIFIRST HOLDINGS LP
UNIFORM FEES
8.95
SAV-ON PRINTING & SIGNS LLC
BUSINESS CARDS
30.00
UNIFIRST HOLDINGS LP
UNIFORMS
8.95
FREDRICK COSTIN JR
MOWING VETERANS PARK
165.00
FREDRICK COSTIN JR
SEPT MOWING SKATE PARK
180.00
FREDRICK COSTIN JR
SEPT MOWING PAYOLA PARK
516.00
Page 8
Claims List
11/512013
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
PARKS...
WASHINGTON CO RURAL WATER DISTRICT
WATER USAGE MCCARTY PARK
362.90
JOSEPH SMITH
PARKS JANITORIAL SERVICES
1,150.00
OLEN MASINGALE
OCT MOWING ELM CREEK
630.00
OLEN MASINGALE
OCT MOWING ATOR PARK
195.00
OLEN MASINGALE
OCT MOWING CENTENNIAL PAR
1,950.00
ROGERS COUNTY RURAL WATER DISTRICT
WATER SERVICES CENTENNIAL
210.65
UNIFIRST HOLDINGS LP
UNIFORMS
8.95
JPMORGAN CHASE BANK
LIBERTY FLAGS-FLAG PARTS
592.00
JPMORGAN CHASE BANK
LOWES-REPAIR SUPPLIES
2.94
JPMORGAN CHASE BANK
SCOREBOARD-SUPPLIES
30.00
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
23.99
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
19.61
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
28.98
JPMORGAN CHASE BANK
LOWES-RESTROOM PARTS
2.97
JPMORGAN CHASE BANK
LOWES-MARKING PAINT
15.52
JPMORGAN CHASE BANK
LOCKE-RESTROOM PARTS
10.60
JPMORGAN CHASE BANK
P&K EQUIP-REPAIR/PARTS
259.05
JPMORGAN CHASE BANK
STEVES-TAP FOR FLAG POLE
34.98
JPMORGAN CHASE BANK
ADVANCE AUTO-TRAILER LOCK
6.49
JPMORGAN CHASE BANK
THOMPSONS-STRAW
98.00
JPMORGAN CHASE BANK
SAVON-PRINTING
145.00
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
59.64
JPMORGAN CHASE BANK
HOBBY LOBBY-PROG STAMPS
5.97
TOTAL PARKS 11,662.28
COMMUNITY CENTER
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
16.40
JPMORGAN CHASE BANK
CROWL-FREEZER REPAIRS
622.00
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
25.08
AEPIPSO
ELECTRIC USE
1,717.15
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
23.04
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
3.67
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
2.13
AT&T
CONSOLIDATED PHONE BILL
180.15
TOTAL COMMUNITY CENTER 2,589.62
HISTORICAL MUSEUM
AT&T
CONSOLIDATED PHONE BILL
24.98
AEPIPSO
ELECTRIC USE
181.60
JPMORGAN CHASE BANK
INTERSTATE-BATTERIES
4.10
TOTAL HISTORICAL MUSEUM 210.68
ECONOMIC DEV
JPMORGAN CHASE BANK
OFFICE DEPOT-PORTFOLIO
18.99
JPMORGAN CHASE BANK
OEDA MEETING EXPENSE
11.17
Page 9
Claims List
11!5/2013
Budget Unit Title Vendor Name Payable Description Payment Amount
TOTAL ECONOMIC DEV 30.16
GRAND TOTAL
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
i INC
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
CHASE BANK
I KOOL-AC REPAIR
-MART-SUPPLIES
SUPPLIES
GLOVER-VEHICLE REPAIR
.ING SERVICES
BOUND TREE-SUPPLIES
BOUND TREE-SUPPLIES
BOUND TREE-SUPPLIES
BOUND TREE-SUPPLIES
BOUND TREE-SUPPLIES
BOUND TREE-SUPPLIES
BOUND TREE-SUPPLIES
MAIL THIS-SHIPPING COSTS
MAIL THIS-SHIPPING
BOUND TREE-SUPPLIES
OFFICE DEPOT-SUPPLIES
138,929.
177.901
275.00
527 61
1,210.46
89.90
115.51
82.73
1
IND GRAND TOTAL
1 COMMUNICATIONS A
IMMMMMOTWo
E911 COMMUNICATIONS
) GRAND TOTAL
TAX - ECON DEV IJP
CHASE BANK
MORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
AEP/PSO
RETAIL ATTRACTIONS, LLC
lSOLIDATED PHONE BILL
AL RADIO-E911 MO FEE
UNIQUE STITCHES-REPAIR
TRAVEL EXPENSE-LEVO
TRAVEL EXPENSE-LEVO
TRAVEL EXPENSE-LEVO
ELECTRIC USE
RETAIL DEVELOPMENT CONTRA
15,802
631
11.8!
Page 10
Claims List
11/5/2013
Budget Unit Title Vendor Name Payable Description Payment Amount
TOTAL HOTEL TAX - ECON DEV 4,195.10
STRONG NEIGHBORHOODS JPMORGAN CHASE BANK KUM & GO-WATER 3.23
JPMORGAN CHASE BANK OWASSO CARES MTG EXP 32.50
JPMORGAN CHASE BANK ILOWES-SUPPLIES 49.70
GRAND TOTAL
USE
(VIAL JIUKMWAICK-J1UK1WWA1CK
10551.558
FUND GRAND TOTAL
1,051.5
AMBULANCE CAPITAL FD
EXCELLANCE, INC
NEW AMBULANCE MODULE
186,128.88
TOTAL AMBULANCE CAPITAL FD
186,128.88
FUND GRAND TOTAL
0V,140'0
PUBLIC SAFETY - POLICE
JPMORGAN CHASE BANK
NEIGHBOR NEWS-BID AD
264.60
TOTAL PUBLIC SAFETY -POLICE
264.60
PUBLIC SAFETY - FIRE
JPMORGAN CHASE BANK
TOTAL RADIO-RADIO SYSTEM
4,999.00
TOTAL PUBLIC SAFETY -FIRE
4,999.00
FUND GRAND TOTAL
5,263.6
CI - FBO BUILDING
JPMORGAN CHASE BANK
LOCKE-LIGHTSIBALLASTS
461.52
JPMORGAN CHASE BANK
1
INTERSTATE-BATTERY
15.95
TOTAL CI - FBO BUILDING
477.47
CI - GARN WID 96TH-106TH
PSA-DEWBERRY-INC
ENGINEERING SERVICES
26,215.00
I
PSA-DEWBERRY INC
ENGINEERING SERVICES
4.770.00
PSA-DEWBERRY INC
ENGINEERING SERVICES
1,704.50
TOTAL CI - GARN WID 96TH-106TH
32,689.50
STREET REHAB FY14
TERRACON CONSULTANTS INC
PAVEMENT ASSESSMENT FY14
7,500.00
TOTAL STREET REHAB FY14
7,500.00
Page 11
Claims List
1 11512 0 1 3
Budget Unit Title
4D GRAND TOTAL
GARAGE
CITY GARAGE
Vendor Name
STEVEN E. ARBUCKLE
UNIFIRST HOLDINGS LP
UNIFIRST HOLDINGS LP
UNIFIRST HOLDINGS LP
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
AEPIPSO
AT&T MOBILITY
JPMORGAN CHASE BANK
AT&T LONG DISTANCE
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
AT&T
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
GRAND TOTAL
S' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT
CITY OF OWASSO IMPREST ACCOUNT
WINDSHIELD REPLACEMENT
UNIFORM RENTAL FEES
UNIFORM RENTAL FEES
UNIFORM RENTAL FEES
FRONTIER INT'L-CORE CREDI
ELECTRIC USE
NIRELESS SERVICE
=RONTIER INT'L-PARTS
-ONG DISTANCE SERVICE
BUMPER TO BUMPER-ROTORS
BOB MOORE-PARTS
JSPS-POSTAGE
UNITED FORD-PARTS RESALE
VNINGFOOT-PD TIRES
CLASSIC CHEV-REPAIR SERV
BUMPER TO BUMPER-BLADES
B&M OIL-PARTS RESALE
HARD HAT-LEATHER GLOVES
BUMPER TO BUMPER-ROTORS
BUMPER TO BUMPER-PLUGS
BUMPER TO BUMPER-SWITCH
FASTENAL-GREASE KIT
SUPPLIES
R COSTS
RESALE
D PHONE BILL
RT RESALE
EQUIP-FUEL CAP
SERVICE-STOCK STEEL
COMP CLAIMS PAYME
COMP CLAIMS PAYME
176.001
31.71
31.71
31.71
55.72
521.41
31.53
437.00
39.48
21.65
583.91
378.33
442.61
797.37
60.00
437.00
15.48
4.50
31.96
88.50
180.00
33.98
170.00
1,540.19
79.20
459.08
1,397.00
96.99
78.30
23.05
10.85
8,763.411
8,763.41
Page 12
Claims List
11/5/2013
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
WORKERS' COMP SELF-INS..
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
32100
CITY OF OWASSO IMPRESTACCOUNT
WORKERS COMP CLAIMS PAYME
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
323.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
323.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
323.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
323.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
359.00
TOTAL WORKERS' COMP SELF-INS 3,164.00
WORKERS' COMP SELF-INS
RICH & CARTMILL, INC
EXCESS WORKERS COMP RENEW
55,276.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
2,056.64
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
366.98
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
2,044.51
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
366.98
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
1,527.44
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
366.98
TOTAL WORKERS' COMP SELF-INS 62,005.53
FUND GRAND TOTAL 65,169.5
GEN LIAB-PROP SELF INS
JEFFREYA. BAXTER
TORT CLAIM
1,100.00
JEFFREY A. BAXTER
TORT CLAIM
1,000.00
RICH & CARTMILL, INC
PROPERTY INSURANCE POLICY
57,287.00
RICH & CARTMILL, INC
EXCESS PROP INS POLICY
10,600.00
TREASURER PETTY CASH
TORT CLAIMIFRANCES STOCK
135.00
WOOD, PUHL & WOOD, P.L.L.C
LEGAL-WILLIAMS V BURKE
7,575.28
WOOD, PUHL & WOOD, P.L.L.C
LEGAL-HUNTLEY
425.50
TOTAL GEN LIAB-PROP SELF INS 78,122.78
FUND GRAND TOTAL 78,122.7
CITY GRAND TOTAL $544,811.49
Page 13
CITY OF OWASSO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 11/5113
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
ADMIN FEES
ADMIN FEES
STOP LOSS FEES
STOP LOSS FEES
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL DEPT TOTAL
AMOUNT
68,094.44
33,933.99
69,799.24
20,408.73
16,135.60
16,361.80
25,642.63
25,178.51
275,554.94
5,260.20
1,674.60
3,558.55
10,493.35
HEALTHCARE SELF INSURANCE FUND TOTAL 286,048.29
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 10/19/13
Department Payroll Expenses Total Expenses
Municipal Court
4,648.80
6,667.16
Managerial
16,871.04
23,399.87
Finance
13,400.42
20,857.70
Human Resources
7,138.83
11,727.03
Community Development
11,893.99
18,054.74
Engineering
17,328.78
25,130.55
Information Systems
12,389.35
17,998.04
Support Services
7,262.35
10,911.90
Police
102,817.97
161,504.32
Central Dispatch
16,236.71
27,718.47
Animal Control
2,544.60
4,003.81
Fire
108,908.14
161,886.00
Emergency Preparedness
1,48723
2,119.49
Streets
6,156.26
10,274.44
Stormwater/ROW Maint.
5,792.19
9,563.27
Park Maintenance
10,474.95
15,527.69
Community-Senior Center
2,525.50
3,729.21
Historical Museum
616.00
691.64
Economic Development
3,126.92
4,076.66
General Fund Total
351,620.03
535,841.99
Garage Fund Total 4,223.59 7,186.35
Ambulance Fund Total 29,792.74 44,419.77
Emergency 911 Fund Total
Stormwater Fund 27 Total
Worker's Compensation Total
Strong Neighborhoods 2,765.31 4,175.21
The City Wit out Limits.
TO:
The Honorable Mayor and City Council
City of Owasso
FROM:
Linda Jones
Finance Director
SUBJECT:
Budget Amendment - Sam'sGrants
DATE:
November 1, 2013
BACKGROUND:
To commemorate the grand opening of the new Sam's Club in Owasso, the Wal-Mart
Foundation awarded several grants from the Sam's Club Giving Program to local groups. Two
City of Owasso departments received grants, the Strong Neighborhood Program and the Police
Department. A memorandum from each of those departments is attached providing
information about the intended use of their grant.
In order to make those grant funds available in the operating budgets of those departments,
staff is requesting Council approval of budget amendments. The amendment would increase
the estimated revenues and increase the appropriation for expenditures in equal amounts. The
amendment would not change the projected fund balance.
RECOMMENDATION:
Staff recommends acceptance of the Sam's Club Giving Program grants and approval of a
budget amendment increasing the estimated revenues and increasing the appropriation for
expenditures:
• By $1,000 in the Hotel Tax Fund, Strong Neighborhood Initiative department: and
• By $4,000 in the General Fund, Police department.
ATTACHMENTS:
Memo dated November 1, 2013: Sam's Club Giving Program - Strong Neighborhood Initiative
Memo dated November 1, 2013: Sam's Club Giving Program - Police Department
OjN Gity Wii loot Limits.
TO:
The Honorable Mayor and City Council
City of Owasso
FROM:
Jerry Fowler
Neighborhood Coordinator
SUBJECT:
Sam's Club Giving Program - Strong Neighborhood Initiative
DATE:
November 1, 2013
BACKGROUND:
In October 2013, the Owasso Strong Neighborhood Initiative (OSNI) applied for grant funding
from the "Sam's Club Giving Program." Due to the Grand Opening of the Sam's Club in
Owasso, the Wal-Mart Foundation was giving away local grants.
The purpose of the grant is to provide additional funds for tools and supplies to be used with
OSNI-Owasso CARES Day of Service.
Sam's Club representatives notified staff that $1,000 has been awarded to the Owasso Strong
Neighborhood Initiative-Owasso CARES.
GRANT FUNDING:
There is no match requirement for the grant award.
REQUEST:
Staff requests acceptance of the Sam's Club Giving Program grant and approval of a budget
amendment increasing the estimated revenues in the Hotel Tax Fund by $1,000 and increasing
the appropriation for expenditures in the Special Projects budget by $1,000.
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Scott Chambless
Chief of Police
SUBJECT: Sam's Club Giving Program - Police Services
DATE: November 1. 2013
BACKGROUND:
In October 2013, the Owasso Police Department applied for grant funding from the "Sam's Club
Giving Program." In conjunction with their grand opening of the Sam's Club in Owasso, the Wal-
Mart Foundation provided grant opportunities to local organizations.
Sam's Club representatives notified staff that $4,000 has been awarded to the Owasso Police
Department. The department intends to utilize these funds to purchase education materials that
focus on youth-related issues.
GRANT FUNDING:
There is no match requirement for the grant award.
REQUEST:
Staff requests acceptance of the Sam's Club Giving Program grant and approval of a budget
amendment increasing the estimated revenues in the General Fund by $4,000 and increasing
the appropriation for expenditures in the Police Services budget by $4,000.
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney
SUBJECT: Authorization to provide a defense and retain an attorney in the litigation styled
as Smokey Davidson v. City of Owasso, Jarod Mitchell and Bobby Sordo, 13-C V-
658-GKF-TLW and proposed Resolution 2013-18
DATE: November 1, 2013
BACKGROUND:
On October 4, 2013, a lawsuit was filed by Smokey Don Davidson against the City of Owasso,
Officer Jarod Mitchell and Officer Bobby Sordo alleging a violation of civil rights arising out of Mr.
Davidson's arrest on or about October 4, 2011, by the Owasso Police Department. Staff has
determined that Officer Mitchell and Officer Sordo were at all times acting appropriately and
within the scope of their employment as police officers employed by the City of Owasso.
Accordingly, the City is required to provide a legal defense for the two named officers in this
litigation. Staff desires to retain Attorney Keith Wilkes with the firm of Newton, O'Connor, Turner &
Ketchum, PC, to represent the City of Owasso and the named officers in this litigation matter.
PROPOSED ACTION:
Approval of proposed Resolution 2013-18 authorizing the City to provide a legal defense for
Officer Jarod Mitchell and Officer Bobby Sordo, and to retain Keith Wilkes to represent the City
of Owasso and the named officers in the above-styled litigation.
RECOMMENDATION:
Staff recommends the City Council authorize providing a defense for Officer Jarod Mitchell and
Officer Bobby Sordo in this matter, and additionally authorize staff to retain Keith Wilkes with the
firm of Newton, O'Connor, Turner & Ketchum, PC, to provide a defense for the City of Owasso
and the named officers in this ligation matter, through approval of proposed Resolution 2013-18
memorializing the same.
ATTACHMENTS:
1. Resolution 2013-18
2. Plaintiff's Complaint filed on October 4, 2013
OWASSO CITY COUNCIL
RESOLUTION NO. 2013-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, AUTHORIZING THE CITY TO PROVIDE A LEGAL DEFENSE FOR
OFFICER JAROD MITCHELL AND OFFICER BOBBY SORDO IN THE
LITIGATION TITLED SMOKEY DAVIDSON v. CITY OF OWASSO JAROD
MITCHELL AND BOBBY SORDO, AND ADDITIONALLY TO HIRE ATTORNEY
KEITH WILKES TO REPRESENT THE CITY OF OWASSO, OFFICER JAROD
MITCHELL AND OFFICER BOBBY SORDO IN THIS LITIGATION MATTER.
WHEREAS: The City of Owasso, Officer Jarod Mitchell and Officer Bobby Sordo
are defendants in the litigation titled Smokey Davidson v. City of Owasso, Jarod
Mitchell and Bobby Sordo, 13-CV-658-GFK-TLW, filed in the United States District
Court for the Northern District of Oklahoma, on October 4, 2013,
WHEREAS: Officer Jarod Mitchell and Officer Bobby Sordo were at all times
acting properly and within the scope of their employment during the events
giving rise to this litigation and the City of Owasso is required to provide a
defense for the named officers in the above-styled litigation, and,
WHEREAS: The City of Owasso wishes to retain Keith Wilkes with the firm of
Newton, O'Connor, Turner & Ketchum, PC, to represent the City of Owasso and
the named officers in this litigation matter.
THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT:
The City of Owasso is authorized to provide a defense for Officer Jarod Mitchell
and Officer Bobby Sordo in the litigation styled as Smokey Davidson v. City of
Owasso, Jarod Mitchell and Bobby Sordo, 13-CV-658-GFK-TLW,
AND, BE IT FURTHER RESOLVED THAT:
The City of Owasso is authorized to retain Keith Wilkes with the firm of Newton,
O'Connor, Turner & Ketchum, PC, to represent the named officers and the City
of Owasso in this litigation matter.
APPROVED AND ADOPTED this 5th day of November, 2013, by the City Council of
the City of Owasso, Oklahoma.
Doug Bonebrake, Mayor
Attest:
Sherry Bishop, City Clerk
Approved As To Form:
Julie T. Lombardi, City Attorney
2
Case 4:13-cv-00658-GKF-TLW Document 2 Filed in USDC NDIOK on 10104113 Page l of ll
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
(1) SMOKEYDAVIDSON,
)
Plaintiff,
}
)
v,
)
(1) CITY OF OWASSO,
}
(2) JAROD MITCHELL,
}
(3) BOBBY SORDO, and
}
}
Defendants.
)
CASE NO.13-CV-658-GKF-TLW
JURY TRIAL DEMANDED
ATTORNEY LIEN CLAIMED
COMPLAINT
COMES NOW, Smokey Davidson ("Plaintiff'), by and through his attorneys of
record, and for his causes of action against the Defendants, alleges and states a follows:
The jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343 to
secure protection of and to redress deprivations of rights secured by the Fourth and
Fourteenth Amendment to the United Stales Constitution as enforced by 42 U.S.C. §
1983, which provides for the protection of all persons in their civil rights and the redress
of deprivation of rights under color of law.
The jurisdiction of this Court is also invoked under 28 U.S.C. § 1331 to
resolve a controversy arising under the Constitution and laws of the United States,
particularly the Fourth Amendment to the United States Constitution and 42 U.S.C. §
1983.
Case 4:13-cv-00658-GKF-TLW Document 2 Filed in USDC ND/OK on 10/04113 Page 2 of 11
3. This Court has supplemental jurisdiction over the state law claims asserted
herein pursuant to 28 U.S.C. § 1367, since the claims form pall of the same case or
controversy arising under the United States Constitution and federal law.
4. Venue is proper under 28 U.S.C. § 1391(b) because a substantial part of
the events or omissions giving rise to Plaintiff's claims occurred in this District.
PARTIES
5. Plaintiff, Smokey Davidson ("Plaintiff'), Is a resident of Tulsa County,
Oklahoma.
6. Defendant, City of Owasso ("City" or "Owasso"), is a municipality
incorporated as a city under the laws of the State of Oklahoma and is located in Tulsa
County and Rogers County, State of Oklahoma. Defendant City is authorized, pursuant
to Oklahoma statutory law and the charter of the City of Owasso, to establish, maintain
and supervise the operations of the Owasso Police Department ("OPD"). The policies,
procedures, customs and actions of Defendant City which are alleged herein were
promulgated, implemented, ratified or otherwise sanctioned under color of the ordinances
of the City of Owasso and the laws of the State of Oklahoma, and therefore constitute
state action within the meaning of the Fourteenth Amendment to the United States
Constitution and 42 U.S.C. § 1983.
7. Defendant, Jared Mitchell ("Mitchell"), was, at all times relevant hereto,
acting under color of state law as an employee of the OPD.
81 Defendant, Bobby Sordo ("Sordo"), was, at all times relevant hereto,
acting under color of state law as an employee of the OPD.
FACTUAL ALLEGATIONS
2
Case 4:13-ev-00658-GKF-TLW Document 2 Filed in USDC ND/OK on 10104113 Page 3 of 11
9. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 8,
as though fully set forth herein,
10. At all times relevant to this Complaint, Laura Pace C'Pace") was employed
as a customer service manager at the Wal-Mart located at 12101 East 96* Street North,
Owasso, Oklahoma, in "fulla County.
11. Pace, with Wal-Mart's knowledge and approval, had a practice of placing
posters around the store to show other Wal-Mart employees the items Wal-Mart sells that
can also be used in the manufacture of methamphetamine.
12. The posters featured photographs of packages of pseudoephedrine under
various brand names, bottles of Drano, plastic tubing, Coleman fuels, and Pyrex dishes
that are sold by Wal-Mart and are all perfectly legal to possess, but can be used in the
manufacture of methamphetamine.
13. If Pace suspected that a customer purchasing such products might use or
manufacture methamphetamine, she would call OPD and advise that the customer had
purchased ingredients used in the manufacture of methamphetamine. Pace would watch
the customers as they exited the store and got into their vehicles so that she could also
report to the OPD what kind of vehicle the customer was driving.
14. At all pertinent times, OPD had a policy or custom and established pattern
of relying on information from Pace to target citizens for pretextual stops for the purpose
of searching their vehicles and arresting them for possession of legal products which
OPD deemed to be methamphetamine "precursors". This is precisely what happened to
Plaintiff in this ease.
Case 4:13-cv-00658-GKF-TLW Document 2 Filed in USDC ND/OK on 10104113 Page 4 of 11
14. Pace frequently, and often mistakenly, accused customers of purchasing
these items with the intent that they be used to manufacture methamphetamine. Yet, the
OPD continued to rely on Pace.
15. On or about October 4, 2011, Plaintiff entered the Wal-Mart at 12101 East
90 Street North, Owasso, Oklahoma, to shop for groceries.
16. Plaintiff purchased a total of twenty (20) items: two (2) boxes of cereal,
trail mix, crackers, (2) jars of peanut butter, lunchmeat, (2) packages of breakfast
sandwiches, bread, (2) bottles of pop, strawberry preserves, milk, batteries, coffee filters,
multipurpose kitchen/bath cleaner, Drano, airline. tubing, and toilet paper.
17. Pace was on duty that night and witnessed Plaintiff purchasing some of the
above-referenced items.
18. Pace, despite the complete and total lack of any evidence, whatsoever, that
Plaintiff was involved in illegal activity, contacted the OPD, accused Plaintiff of
purchasing items with the intent to manufacture methamphetamine, and described
Plaintiff and the car he was driving.
19. Based on that information, the OPD came to the area, identified Plaintiff's
vehicle, began following Plaintiff and ultimately affected a stop of Plaintiff's car.
20. OPD dispatched Officers Mitchell and Sordo to the area. Officer Mitchell
began following Plaintiff's vehicle in his squad car. Mitchell stopped Plaintiff for
speeding, though his true purpose was to arrest Plaintiff for possession of "precursors".
Thus, the stop was pretexual.
4
Case 4:13-ev-00658-GKF-TLW Document 2 Filed in USDC ND/OK on 10104/13 Page 5 of 11
21. Sordo, a K-9 officer, arrived on the scene with Bony, a drug detection dog
owned and trained by OPD. Sordo's purpose was to search Plaintiffs vehicle based on
the information from Pace.
22. Sordo has testified that he "basically allowed the dog to run around the
vehicle and give [Sordo} any kind of alert that there may be any kind of illegal
contraband or drugs or anything inside the vehicle."
23. Sordo has additionally testified that Beny is trained to alert for anything
inside of vehicles.
24. Beny allegedly "alerted" on the driver's side and the passenger side of
Plaintif's vehicle.
25. Based on this alleged "atert", Sordo conducted a warrantless search of the
vehicle. Sordo initiated the search by first "looking on the driver's side of the vehicle and
just kind of looking for any kind of contraband or anything that may have caused my dog
to alert on that vehicle. to confirm his alert."
26. Nonetheless, Sordo found no illegal substances whatsoever in Plaintiff's
vehicle.
27. Rather, Sordo found a few empty boxes of cold medicine of the type that
contains pseudoephedrine. However, Sordo discovered no actual pseudoephedrine, let
alone pseudoephedrine in an amount that violates any Oklahoma law. Further, Sordo did
not find any methamphetamine or any other illegal drug.
28. Still, without any actual evidence of any illegal activity, Sordo continued
to search Plaintiffs vehicle.
5
Case 4:13-cv-00658-GKF-TLW Document 2 Filed in USDC ND/OK on 10/04113 Page 6 of 11
29. Without a warrant or any probable cause, Sordo removed Plaintiffs back
seat. Alter illegally removing the back seat, Sordo found digital scales,
30. Sordo then moved to the closed, locked trunk of the vehicle to continue
the search where he recovered several items inside the Wal-Mart bags.
31. Officer Sordo specifically seized a pack of lithium batteries, cold packs,
coffee filters, a bag of charcoal, Ultra Duster, and a can of Drano. When questioned
during Plaintiffs preliminary hearing as to what items Beny is trained to detect, Offieor
Sordo's response was that he's trained to detect a lot of items. However, Beny is not
trained to detect lithium batteries, coffee filters, Drano, charcoal, or Ultra Duster. When
Officer Sordo was asked if Beny was trained to detect methamphetamine, he answered
yes. When asked if there was any methamphetamine found in this vehicle, officer Sordo
answered no, not to his knowledge. Officer Sordo could give no reasonable explanation
as to why Beny alerted him, While Sordo claims that Beny responded to "Sudafed",
there was no Sudafed found in Plaintiffs vehicle,
32. Based on Sordo's illegal search and the recovery of legal household items
from Plaintiffs car, Mitchell and Sordo arrested Plaintiff for endeavoring to manufacture
methamphetamine and took him to the Owasso lockup.
33. On October 12, 2011, Plaintiff was charged by information with one (1)
felony count of Endeavoring to Manufacture Controlled Drugs - Methamphetamine,
34. On November 13, 2012, Judge Kurt Glassco sustained Plaintiff's motion
to suppress the illegal search, and the endeavoring count was dismissed with costs
assessed to the State.
6
Case 4:13-cv-00658-GKF-TLW Document 2 Filed in USDC NDtOK on 10/04113 Page 7 of 11
35. Plaintiff was incarcerated for more than four (4) months before his felony
charge was dismissed.
36. As a result of Defendants' violations of his constitutional rights, Plaintiff
was wrongfully incarcerated for a prolonged period, lost his business, his home, his
vehicle, and most devastating to him, the custody of his son. He experienced severe
emotional distress, suffered embarrassment, and lost weight.
CLAIMS FOR RELIEF
FIRST CLAIM FOR BELIE' F
Unreasonable Search
37. Plaintiff re-alleges and incorporates by reference paragraphs I through 36,
as though fully set forth herein.
38. Any finding of probable cause based on the alert of a drug detector dog is
contingent on the reliability of the alerting dog.
39. Here, Beny, the drug detector dog, was not reliable as he was improperly
trained to alert as to arn>thing inside of a vehicle.
40. In the case at bar, due to the inadequate training and patent unreliability,
Beny alerted Sordo despite the fact that there was no contraband in Plaintiff's vehicle.
41. Because Beny was inadequately trained, Sordo did not have probable
cause to initiate a warrantless search of Plaintiff's vehicle.
42. In addition, once the search of Plaintiff's vehicle was initiated. Sordo
lacked probable cause to take the next steps of removing the back seat of Plaintiffs
vehicle or to search the trunk.
43. The search of Plaintiffs vehicle was objectively unreasonable.
7
Case 4:13-cv-00658-GKF-TLW Document 2 Filed in USDC ND/OK on 10/04113 Page 8 of 11
44. This unreasonable search violated Plaintiffs Fourth Amendment (made
applicable to States under the Fourteenth Amendment) right to be free from unreasonable
searches.
45. This unreasonable search was a proximate cause of Plaintiffs prolonged
imprisonment, emotional distress, pain and suffering, and the damages as alleged herein.
SECOND CLAIM FOR RE LIE, F
Wrongful Arrest/Seizure
46. Plaintiff re-alleges and incorporates by reference paragraphs I through 45,
as though fully set forth herein.
47. On October 4, 2011, Mitchell and Sordo, under color of State law and as
agents of the City, made a warrantless and unreasonable arrest/seizure of Plaintiff in
violation of the Fourth and Fourteenth Amendments to the Constitution of the United
States.
48. Mitchell and Sordo relied upon faulty information from an unreliable
informant and wholly inadequate evidence to arrest Plaintiff.
49. No contraband was ever found in Plaintiffs possession, and Plaintiff
never expressed any intent to manufacture methamphetamine.
50. The arrest was based on unreasonable suspicion and Plaintiffs possession
of lawful household products. Plaintiffs possession of these household items did not
violate any "precursor" statute, or any other law.
51. This wrongful arrest, was devoid of probable cause as required by the
Fourth Amendment, as applied to the States by the Fourteenth Amendment. This
wrongful arrest violated Plaintiff's Fourth Amendment right to be secure against
Case 4:13-cv-00658-GKF-TLW Document 2 Filed in USDC ND10K on 10104/13 Page 9 of 11
unreasonable seizure, and violated Plaintiffs Fourth Amendment-protected sense of
security and individual dignity.
52. This wrongful arrest was a proximate cause of Plaintiffs prolonged
imprisonment, economic and personal losses, emotional distress, pain and suffering, and
the damages as alleged herein.
THIRD CLAIM FOR RELIEF
Municipal Liability
53. Plaintiff re-alleges and incorporates by reference paragraphs I through 52,
as though fully set forth herein.
54. There is an affirmative link between the deprivation of Plaintiff's
constitutional rights and policies, practices and/or customs which the City promulgated,
created, implemented and/or possessed responsibility for.
55. Such policies, practices and/or customs include, but are not limited to:
a. The failure to adequately train drug detector dogs to be reliably detect only
contraband and illegal substances;
b. Inadequate training of OPD officers as to the methamphetamine precursor
laws and when probable cause exists to search and arrest for possession of
methamphetamine precursors;
c. Inadequate policies and practices as to methrimphetamine precursors and
the laws regarding methamphetamine precursors; and
d. A custom or practice of relying on an unreliable informant (Pace) for the
purpose of making pretexual stops and warrantless searches and arrests
that lack probable cause.
9
Case 4:13-cv-00858-GKF-TLW Document 2 Filed In USDC ND/OK on 10/04113 Page 10 of 11
56. The City knew, had constructive knowledge and/or it was obvious that the
maintenance of the aforementioned policies, practices and/or customs were substantially
likely to result in the violation of citizens' constitutional rights.
57. The City tacitly encouraged, ratified, and/or approved of the
unconstitutional acts and/or omissions alleged herein.
58. As a direct and proximate result of the aforementioned policies, practices
and/or customs Plaintiff suffered prolonged imprisonment, economic and personal losses,
emotional distress, pain and suffering, and the damages as alleged herein.
FOURTH CLAIM TOR RFLIFF
Violation of Article 11 § 30 of the
Constitution of the State of Oldahoma
59. Plaintiff re-alleges and incorporates by reference paragraphs i through 58,
as though fully set forth herein.
60. The Oklahoma Constitution provides that "ft]he right of the people to be
secure in their persons, houses, papers, and effects against unreasonable searches or
seizures shall not be violated." Okla, Const. art. II, § 30
61. Mitchell and Sordo, white acting within the scope of their employment,
violated Plaintiff's right to be free from unreasonable searches or seizures in violation of
Okla. Const. art. 11, § 30
62. The City is vicariously liable for the violations of Plaintiff's rights under
the Oklahoma Constitution.
63. As a direct and proximate result of the violation of Plaintiff's rights under
the Oklahoma Constitution, Plaintiff suffered prolonged imprisonment, economic and
personal losses, emotional distress, pain and suffering, and the damages as alleged herein.
10
Case 4:13-cv-00658-GKF-TLW Document 2 Filed in USDC ND/OK on 10104/13 Page 11 of 11
PUNITIVE DAMAGES
64. Plaintiff re-aileges and incorporates by reference paragraphs I through 63,
as though fully set forth herein.
65. Plaintiff is entitled to punitive damages on his claims as Defendants'
conduct, acts and omissions alleged herein constitute reckless or callous indifference to
Plaintiffs rights.
WHEREFORE, based on the foregoing, Plaintiff prays that this Court grant the
relief sought, including, but not limited to, damages in excess of Seventy-Five Thousand
Dollars ($75,000.00), with interest accruing from date of filing of suit, punitive damages
in excess of Seventy-Five Thousand Dollars ($75,000.00), reasonable attorney fees, and
all other relief deemed appropriate by this Court.
Respectfully submitted by,
SMOLEN, SMOLEN & ROYTMAN, PLLC
Donald E, Smo eu, (OBA #19944)
Laura Lauth (OBA #22619)
Robert M. Blakernore, OBA #18656
701 South Cincinnati Avenue
Tulsa, OK 74119
(918) 585-2667
(918) 585-2669 (Fax)
donalesmolenn_ssrokxom_
Iguralauth{a ssrok.com
bobblakemore@ssrok.com
Attorneys for Plaintiff
11
OT tyWit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney
SUBJECT: Authorization to provide a defense and retain an attorney in the litigation
styled as Mike Denton v. Dan Yancey, Rodney Ray and the City of
Owasso, 13-CV-709-TCK-TLW, and proposed Resolution 2013-19
DATE: November 1, 2013
BACKGROUND:
On October 28, 2013, a lawsuit was filed in the United States District Court for the
Northern District of Oklahoma by former Police Lieutenant Mike Denton against the City
of Owasso, former Police Chief Dan Yancey and former City Manager Rodney Ray
alleging a violation of civil rights arising out of Mr. Denton's November 4, 2011,
termination from the Owasso Police Department. Staff has determined that Mr. Yancey
and Mr. Ray were at all times acting appropriately and within the scope of their
employment with the City of Owasso. Accordingly, the City is required to provide a
legal defense for Mr. Yancey and Mr. Ray in this litigation. Staff desires to retain
Attorney Keith Wilkes with the firm of Newton, O'Connor, Turner & Ketchum, PC, to
represent the City of Owasso, Mr. Yancey and Mr. Ray in this litigation matter.
PROPOSED ACTION:
Approval of proposed Resolution 2013-19 authorizing the City to provide a legal
defense for Dan Yancey and Rodney Ray in this matter, and to retain Keith Wilkes to
represent the City of Owasso, Mr. Yancey and Mr. Ray in the above-styled litigation.
RECOMMENDATION:
Staff recommends the City Council authorize providing a defense for Dan Yancey and
Rodney Ray in this matter, and additionally authorize staff to retain Keith Wilkes with the
firm of Newton, O'Connor, Turner & Ketchum, PC, to provide a defense for the City of
Owasso, Mr. Yancey and Mr. Ray in this ligation matter, through adoption of Resolution
2013-19 memorializing the some.
ATTACHMENTS:
1. Resolution No. 2013-19
2. Plaintiff's Complaint filed on October 28, 2013
OWASSO CITY COUNCIL
RESOLUTION NO. 2013-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, AUTHORIZING THE CITY TO PROVIDE A LEGAL DEFENSE
FOR FORMER POLICE CHIEF DAN YANCEY AND FORMER CITY
MANAGER RODNEY RAY IN THE LITIGATION TITLED MIKE DENTON v.
DAN YANCEY RODNEY RAY AND THE CITY OF OWASSO AND
ADDITIONALLY TO HIRE ATTORNEY KEITH WILKES TO REPRESENT THE
CITY OF OWASSO, DAN YANCEY AND RODNEY RAY IN THIS
LITIGATION MATTER.
WHEREAS: The City of Owasso, former Police Chief Dan Yancey and former City
Manager Rodney Ray are defendants in the litigation styled as Mike Denton v.
Dan Yancey, Rodney Ray and the City of Owasso, 13-CV-709-TCK-TLW, filed in
the United States District Court for the Northern District of Oklahoma, on October
28, 2013,
WHEREAS: Dan Yancey and Rodney Ray were at all times acting properly and
within the scope of their employment during the events giving rise to this
litigation and the City of Owasso is required to provide a defense for them in the
above-styled litigation, and,
WHEREAS: The City of Owasso wishes to retain Keith Wilkes with the firm of
Newton, O'Connor, Turner & Ketchum, PC, to represent the City of Owasso, Dan
Yancey and Rodney Ray in this litigation matter.
THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT:
The City of Owasso is authorized to provide a legal defense for Dan Yancey and
Rodney Ray in the litigation styled as Mike Denton v. Dan Yancey, Rodney Ray
and the City of Owasso, 13-CV-709-TCK-TLW,
AND, BE IT FURTHER RESOLVED THAT:
The City of Owasso is authorized to retain Keith Wilkes with the firm of Newton,
O'Connor, Turner & Ketchum, PC, to represent the City of Owasso, Dan Yancey
and Rodney Ray in this matter.
APPROVED AND ADOPTED this 5th day of November, 2013, by the City Council of
the City of Owasso, Oklahoma,
Doug Bonebrake, Mayor
Attest:
Sherry Bishop, City Clerk
Approved As To Form:
Julie T. Lombardi, City Attorney
2
Case 4:13-cv-00709-TCK-TLW Document 2 Filed in USDC ND/OK on 10/28/13 Page 1 of 6
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
MIKE DENTON,
Plaintiff,
vs.
13-CV-709-TCK-TLW
1) DAN YANCEY, Individually and in his
Official capacity,
2) RODNEY RAY, Individually,
and in his official capacity
and,
3) the CITY OF OWASSO,
Oklahoma, a municipal corporation,
Defendants.
COMPLAINT
COMES NOW the Plaintiff herein by and through his attorney of record James Patrick
Hunt and files this original complaint, stating claims for relief as follows.
L JURISDICTION AND VENUE
1. This in an action arising under the laws of the United States of America, in particular 42
U.S.C. 1983 and 42 U.S.C. 1981.
2. The Plaintiff is a citizen of the United States and a resident of the City of Owasso, Rogers
County, Oklahoma.
3. The Defendant, City of Owasso, is an Oklahoma municipal corporation. The Defendants
Dan Yancey and Rodney Ray are residents of Owasso, Tulsa County, Oklahoma.
Case 4:13-cv-00709-TCK-TLW Document 2 Filed in LISDC ND/OK on 10/28/13 Page 2 of 6
4. Plaintiff seeks a declaration that the Defendants intentionally and unlawfully retaliated
against him for engaging in First Amendment protected activity and seek appropriate injunctive
relief, lost pay, compensatory and punitive damages.
Il. STATEMENT OF FACTS
6. Plaintiff was employed by the City of Owasso Police Department as a police officer.
7. Defendant Dan Yancey at all relevant times was the City of Owasso police chief.
8. Defendant Rodney Ray at all relevant times was the city manager of the City of Owasso.
9. On or about July 29, 2011, Chief Yancey and Owasso Patrolman Jonathon Foyil filed a
complaint against Owasso police officer Mike Denton alleging excessive force and conduct
unbecoming an officer.
10. On or about August 4, 2011, Chief Yancey assigned Captain Greg Sipes of the Broken
Arrow Police Department to conduct the internal administrative investigation on Lieutenant
Denton.
11. After Captain Sipes concluded his investigation, Chief Yancey recommended that
Lieutenant Denton be terminated on or about September 21, 2011. The recommendation for
termination was accepted by then City of Owasso city manager Rodney Ray and Lieutenant
Denton was terminated on or about November 4, 2011.
14. Pursuant to the collective bargaining agreement ("CBA") the FOP Lodge had with the
City of Owasso, FOP Lodge No. 149 filed a grievance asserting that Lieutenant's discharge was
not for just cause as required by the CBA.
15. The City denied the Lodge's grievance. Pursuant to the CBA and applicable Oklahoma
law, the FOP Lodge and the City selected Federal Mediation and Conciliation Service ("FMCS")
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Case 4:13-cv-00709-TCK-TLW Document 2 Filed in USDC ND/OK on 10/28/13 Page 3 of 6
arbitrator Edward B. Valverde to hear the grievance. After that, the parties agreed to arbitrate
the grievance before Mr. Valverde on March 29 and March 30, 2012.
16. The arbitration of the Denton termination grievance began on March 29, 2012 and ended
on March 30, 2012. After the hearing, both the City and the FOP submitted post-hearing briefs
to the arbitrator for review.
17. On or about June 30, 2012, the arbitrator issued an award. The arbitrator ruled that the
City's termination of Denton had been excessive and reduced the discipline to a written
reprimand. The arbitrator ordered the City to reinstate Denton with back pay and benefits.
Though the award is final and binding, at this writing, the City has refused to comply with it.
18. In the collective bargaining agreement between the City of Owasso and the FOP, there is
a provision which prohibits both parties from appealing or otherwise seeking review of the
arbitrator's decision. Specifically, the article states:
Article 13, Section 5: It is specifically and expressly understood that filing a
grievance under this Article which has as its last step, final and binding
arbitration, constitutes an election of remedies and a waiver of any and all
rights by both parties, the Lodge or other representatives of the party, to
litigate or otherwise contest the last answer rendered through the Grievance
Procedure in any court or their appeal forum. (emphasis added)
19. In spite of this provision, then city manager Rodney Ray refused to abide by the
arbitrator's decision. Mr. Ray released select video evidence to the local media placing the
Plaintiff in a bad light. After that, Mr. Ray called a press conference and announced that he
would "appeal" the arbitrator's decision.
20. Thereafter, the City filed a petition to vacate the arbitrator's award in Tulsa County
district court. The District Court vacated the arbitrator's award. The FOP appealed the District
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Case 4:13-cv-00709-TCK-TLW Document 2 Filed in USDC ND/OK on 10/28/13 Page 4 of 6
Court's vacation of the award. That matter has been briefed by the FOP and the City and is
presently assigned to Oklahoma Court of Civil Appeals, Divisions 1 and 3.
21. Prior to the Plaintiff's termination, no police officer at the Owasso Police Department had
been terminated for using excessive force.
22. Prior to the Plaintiff's termination, other police officers at the Owasso Police Department
had used excessive force more severe than that allegedly used by the Plaintiff. Those other
police officers were not terminated, but rather received oral or written reprimands.
23. One of the factors the arbitrator based his decision to reduce the Plaintiff's termination
was the inconsistency of discipline given by the Owasso Police Department.
24. Prior to the Plaintiff's termination, Plaintiff had openly and actively engaged in public
employee union activity protected by the First Amendment. These activities included but are not
limited to Plaintiff's attempt to persuade other union members not to accept collective bargaining
agreement proposals made by City management during negotiations of the contract between the
City of Owasso and FOP Lodge 149.
FIRST CAUSE OF ACTION
FIRST AMENDME NT - RIGHT OF ASSEMBLY
25. Plaintiff readopts and re-alleges each and every allegation contained in paragraphs 1
through 24 as if set forth herein.
26. A substantial motivating factor in Defendants' retaliation against the Plaintiff was his
public employee union activities, which were protected by the First Amendment of the United
States Constitution.
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Case 4:13-cv-00709-TCK-TLW Document 2 Filed in USDC ND/OK on 10/28/13 Page 5 of 6
SECOND CAUSE OF ACTION
FIRST AMENDMENT - SPEECH
27. Plaintiff readopts and re-alleges each and every allegation contained in paragraphs I
through 26.
28. A substantial and motivating factor in Defendants' retaliation against Plaintiff were
statements he made that were protected by the First Amendment Right of Free Speech.
THIRD CAUSE OF ACTION
FOURTEENTH AMENDMENT - DUE PROCESS
29. Plaintiff re-adopts and re-alleges each and every allegation contained in paragraphs 1
through 28.
30. By virtue of the collective bargaining agreement and the Oklahoma Fire and Police
Arbitration Act (FPAA), Plaintiff had a property interest in his employment at the City of
Owasso. By refusing to abide by the arbitrator's ruling and the language of the collective
bargaining agreement, Defendants denied Plaintiffs interest in his continued employment
without due process.
PRAYER FOR RELIEF
Plaintiff has suffered financial losses, humiliation, embarrassment, emotional pain,
mental anguish, injury to his good name, and personal and professional reputation as a result of
the Defendants' unlawful conduct. Plaintiff prays for relief requiring Defendants to compensate
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Case 4:13-cv-00709-TCK-TLW Document 2 Filed in USDC ND/OK on 10/28/13 Page 6 of 6
him for the damages he has suffered as a result of Defendants' illegal and tortuous conduct.
Plaintiff prays for actual, compensatory, and punitive damages against the Defendants.
WHEREFORE, Plaintiff Mike Denton prays for judgment on the foregoing claims and
for all sums due with pre and post judgment interest hereon, all costs and attorney fees associated
with this matter, to and including actual, compensatory and punitive damages against Defendants
Dan Yancey, Rodney Ray and the City of Owasso.
Respectfully submitted,
/s/ James P. Hunt
James Patrick Hunt, OBA # 15559
406 S. Boulder, Ste. 400
Tulsa, OK 74103
Telephone: (918) 497-9159
Fax: (918) 582-6106
jamesphunt@earthlink.net
JURY TRIAL DEMANDED
ATTORNEY'S LIEN CLAIMED
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CONFIDENTIALITY AGREEMENT FOR EXECUTIVE SESSION
This Confidentiality Agreement between the parties signing below establishes
that all information discussed, heard or read in the City Council Executive
Session on November 5, 2013, will not be released, copied, discussed or shared
in any manner with any individual other than City Council members present in
the Executive Session, members of City staff present during the Executive
Session, and other persons authorized by the City Council to be present in the
Executive Session. Breach of this Confidentiality Agreement may result in
personal liability and potential violation of the Oklahoma Open Meeting Act.
I have read the above statement regarding confidentiality and agree to abide
by it to the best of my ability.
Signed on this 5th day of November, 2013
onebrake, Mayor J Lombardi, City Attorney
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Chris Kelley,
Charlie Brown, Councilor
I y1tot/
Jeri berly, Councilor
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Pa rick Ross, Councilor
111 N. Main
(918) 376-1502
P.O. Box 180 City of Owasso FAX (918) 376-1599
Owasso, Oklahoma 74055 A City Of Character www.cityofowasso.com