HomeMy WebLinkAbout2015 01_Mike Denton_2015.01.20OWASSO CITY COUNCIL
RESOLUTION NO. 2015 -01
A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
NAMING THE CITY MANAGER OR HIS DESIGNEE AS THE SETTLEMENT REPRESENTATIVE FOR
THE SETTLEMENT CONFERENCE SCHEDULED TO BE HELD ON FEBRUARY 12, 2015, OR AT SUCH
OTHER TIME AS IT MAY BE RESCHEDULED, IN THE LITIGATION STYLED, MIKE DENTON vs. CITY
OF OWASSO ET AL., 13 -CV- 709 - TCK -TLW AND ADDITIONALLY GRANTING FULL AND FINAL
SETTLEMENT AUTHORITY IN THIS LITIGATION MATTER TO THE CITY MANAGER OR HIS
DESIGNEE.
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 Mike Denton v.
City of Owasso et al., United States District Court for the Northern District of Oklahoma,
Case No. 13 -CV- 709 - TCK -TLW, and,
WHEREAS: The Defendant has been ordered to attend a settlement conference by the
Court to occur on the 121h day of February, 2015, 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 City
Manager, Warren Lehr, and additionally designate the 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 City Manager, or his designee if
necessitated, is hereby named as the settlement representative for the City of Owasso
for purposes of the above- described settlement conference on February 12, 2015, or at
such other time as the settlement conference may be rescheduled,
AND, BE IT FURTHER RESOLVED THAT: Warren Lehr, or his designee if necessitated, 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 20th day of January, 2015, by the City Council of the City of
Owasso, Oklahoma.
01"ICGIi. O
Attest: ti F.
Sherry Bishoj5, City
Approved As To Form:
JVfre T. Lombardi, City Attorney
J] - r
aF61 oberly, Mayor '
T out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney and General Counsel
A6'PRoVpD 6,y Ci:JtJs`�9Tw°f`
JAN L U «,,
SUBJECT: Settlement Conference in Mike Denton v. City of Owasso et al 13-CV- 709 -TCK-
TLW
DATE: January 16, 2015
BACKGROUND:
This is an alleged civil rights violation arising from the termination of an employee.
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 Defendants and
their respective attorneys on February 12, 2015, at the federal courthouse, and has compelled
attendance and participation by all parties. Consequently, it 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.
PROPOSED ACTION:
Approval of proposed Resolution 2015 -01 conferring full and final settlement authority upon the
City Manager, or his designee if necessitated, and additionally naming the City Manager or his
designee as the City's representative at the scheduled settlement conference.
RECOMMENDATION:
Staff recommends the City Council designate the City Manager, Warren Lehr, as the City's
authorized settlement representative for the settlement conference in the case of Mike Denton
v. City of Owasso, and additionally confer full and final settlement authority upon the City
Manager in this matter through approval of proposed Resolution 2015 -01 memorializing the
same.
ATTACHMENT:
Resolution 2015 -01