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HomeMy WebLinkAbout2018 09_authorizing settlement authority_Denton vs Chambless_2018.08.07OWASSO CITY COUNCIL RESOLUTION 2018 -09 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 ON NOVEMBER 7, 2018, OR AT SUCH OTHER TIME AS IT MAY BE RESCHEDULED OR CONTINUED, IN THE LITIGATION STYLED, MIKE DENTON V. SCOTT CHAMBLESS ET AL., AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS LITIGATION MATTER TO THE CITY MANAGER OR HIS DESIGNEE. WHEREAS: The City of Owasso and the Chief of Police, Scott Chambless, are parties to litigation styled as Mike Denton v. Scoff Chambless of al., which alleges causes of action for malicious prosecution and civil rights, and, WHEREAS: Scott Chambless and the City of Owasso have been ordered to attend a settlement conference on the 71h day of November, 2018, 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 November 7, 2018, or at such other time as the settlement conference may be rescheduled or continued, 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 7th day of August, 2018, b luncil of the City of Owasso, Oklahoma. Zf y l o Dr. Chris Kelley, Mayor u EST Stevens, City Clerk: ",, APP VED AS TO FORM: CLt 0 / , Juli fornbardi, City Attorney s� RP.ple -REALC acter -REAL Community TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney SUBJECT: Settlement Conference in Mike Denton v. Scott Chambless, et al. Resolution 2018 -09 DATE: August 3, 2018 , BACKGROUND: This is a civil rights and malicious prosecution lawsuit filed by Mike Denton on May 18, 2017, against the Owasso Chief of Police, Scott Chambless, the City of Owasso and two agents of the Oklahoma State Bureau of Investigation. The lawsuit arises out of arrest on or about June 14, 2015, and other related events that occurred subsequent to that date. The Court has ordered the parties to attend a settlement conference on November 7, 2018. The City is not required to settle this matter at the conference, but is required to attend and negotiate in good faith. In addition, the City is required to designate a settlement representative for the conference and to give that representative full and final settlement authority. Staff recommends the City Manager, Warren Lehr, be designated as the City's representative and given full and final settlement authority. PROPOSED ACTION: Approval of proposed Resolution 2018 -09 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 settlement conference. RECOMMENDATION: Staff recommends designating the City Manager, Warren Lehr, as the City's authorized settlement representative for the settlement conference in the litigation styled as Mike Denton v. Scott Chambless et al., and additionally conferring full and final settlement authority upon the City Manager in this matter through approval of proposed Resolution 2018 -09 memorializing the same. ATTACHMENT: Resolution 2018 -09