HomeMy WebLinkAbout2009 05_CM Settlement Rep_Jeanette Franger_2009.05.05OWASSO CITY COUNCIL
RESOLUTION NO. 2009-OS
A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE
SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE
TO BE HELD ON JUNE 11, 2009, IN THE LITIGATION STYLED JEANETTE
RUTH FRANGER V TRACY ALLEN TOWNSEND, H.D. PITT AND THE CITY
OF OWASSO, AND ADDITIONALLY GRANTING FULL AND FINAL
SETTLEMENT AUTHORITY IN THIS ACTION TO THE CITY MANAGER
FOR PURPOSES OF THE SETTLEMENT CONFERENCE.
WHEREAS: The above-named City of Owasso police officers and the City of Owasso are
parties to litigation currently filed in the United States District Court for the Northern District of
Oklahoma captioned as Jeanette Ruth Framer v Tracy Allen Townsend, H.D. Pitt and the City of
Owasso, CIV-08-0763; and,
WHEREAS: The defendants have been ordered to attend, through an authorized settlement
representative, asettlement conference before the Court to occur on the l lth day of June 2009, in
the United States Courthouse in Tulsa, Oklahoma; and,
WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the
City Manager for purposes of 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: Rodney J. Ray, in his capacity as City Manager, is hereby
designated as the settlement representative of the City of Owasso for purposes of the above-
described settlement conference,
AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray, in his capacity as City
Manager, is hereby vested with full and final settlement authority on behalf of the City of
Owasso for purposes of the settlement conference to be held on June 11, 2009.
APPROVED AND ADOPTED this 5th day of May, 2009, by the City Council of the City of
Owasso, Oklahoma.
,~.~ d F p~
~~ ~~
r~, 's.G ' Mayor
f" OFFICTAL
Attest: SEAL
P
Sherry Bis , Clty Clerk
Approved As To Form:
"~ a~ oG~
lie T. Lombardi, City Attorney
APPROVED BY COUNCIL
MAY 0 ~ ~uu9
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: SETTLEMENT CONFERENCE IN JEANETTE RUTH FRANGER V.
TRACY TOWNSEND, H.D. PITT AND THE CITY OF OWASSO, CIV-08-
0763
DATE: May 5, 2009
BACKGROUND:
The Plaintiff s cause of action arose from her arrest on October 19, 2007. On that day, a City of
Owasso Animal Control Officer responded to a complaint at 8405 N. 128`" East Avenue in
reference to dogs that were at large while chasing and biting children. Ms. Franger was located
at that residence sitting in her vehicle. The Animal Control Officer explained to Ms. Franger that
her dogs were unleashed and at large, and presented a threat to children. Additionally, the
Animal Control Officer informed Ms. Franger that the number of dogs at the residence exceeded
the number of dogs allowed in the City of Owasso Code of Ordinances. Ms. Franger was asked
for, and refused to provide, proof of rabies vaccination certificates for the animals, and also
refused to provide her driver's license when asked.
The Animal Control Officer requested back-up assistance from the Owasso Police Department,
and Officers Tracy Townsend and H.D. Pitt arrived on the scene. The Animal Control Officer
wrote Ms. Franger a citation for not having proof of the dogs' rabies vaccinations. The Animal
Control Officer then explained the citation to Ms. Franger and requested that she sign the citation
The Animal Control Officer also explained to Ms. Franger that her signature was merely a
promise to appear in court and not an admission of guilt. Ms. Franger refused to sign the
citation. Ultimately, Officers Townsend and Pitt removed Ms. Franger from her vehicle and
placed her under arrest for resisting arrest and resisting a public official.
CONCLUSION:
The Federal Rules of Civil Procedure require attendance at settlement conferences by a person
with full settlement authority for any organization named as a defendant in the lawsuit.
Although a representative cannot be compelled to settle the case, defendants in federal lawsuits
are required to confer full settlement authority upon a representative to be used at the
representative's discretion during the settlement conference. In this case, given that the Court
has issued an order scheduling a settlement conference on June 11, 2009, and has compelled
attendance and participation by the parties, it is necessary for the City of Owasso to vest a
representative with full settlement authority to attend the settlement conference on the City's
behalf.
RECOMMENDATION:
The staff recommends City Council approval of Resolution No. 2009-OS designating the City
Manager, Rodney J. Ray, as the authorized settlement representative for the City of Owasso in
the case of Jeanette Ruth Franger v. Tracy Townsend, H.D. Pitt and the City of Owasso; and,
confers full and final settlement authority upon him for the potential disposition of this case.
ATTACHMENT:
Resolution No. 2009-OS
2