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HomeMy WebLinkAbout2009 11_CM Settlement Ref_Doug Driver_2009.11.10OWASSO CITY COUNCIL RESOLUTION NO. 2009-11 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 NOVEMBER 10, 2009 IN THE LITIGATION STYLED DOUG DRIVER V. DAN YANCEY, SCOTT CHAMBLESS AND MICHAEL DENTON, 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 are parties to litigation currently filed in the United States District Court for the Northern District of Oklahoma captioned as Doug Driver v. Dan Yancey, Scott Chambless and Michael Denton, United States District Court for the Northern District of Oklahoma, Case No. 08-CV-740-GKF-FHM and, WHEREAS: The defendants have been ordered to attend, through an authorized settlement representative, a settlement conference before the Court to occur on the 10t" day of November, 2009, at 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 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 November 10, 2009. APPROVED AND ADOPTED this 3~d day of November, 2"09 b the ity Council of the City of Owasso, Oklahomar_nau) Stephen ataudella, Mayor Attes~Sherry Bish6p, City Cl' ?'QAHOW' App d As T~ m: 104v v Julie Lom ardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: SETTLEMENT CONFERENCE IN DOUG DRIVER V. DAN YANCEY, SCOTT CHAMBLESS AND MICHAEL DENTON, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA, CASE NO.08-CV-740-GKF-FHM DATE: November 3, 2009 BACKGROUND: A legal action was filed against the Dan Yancey, Scott Chambless and Michael Denton in both their official and personal capacities on December 30, 2008 by Doug Driver. This legal action, brought under 42 U.S.C. §1983, arises out of an incident that occurred on August 23, 2008, between Mr. Driver and the Owasso Police Department. CONCLUSION: The Code of Civil Procedure requires attendance at settlement conferences by a person vested with full settlement authority on behalf of any organization named as a defendant in a federal lawsuit. Although a representative cannot be compelled to settle the case, defendants in lawsuits are required 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 scheduling a settlement conference for the plaintiff, defendants and their respective attorneys on November 10, 2009, at 10:00 a.m. in federal court, and has compelled attendance and participation by all the parties. Consequently, it is necessary for the City of Owasso to grant full settlement authority upon a representative to attend the settlement conference on behalf of the City and the three named police officers. The Open Meeting Act, specifically, provides in 25 O.S. §307(B)(4) that discussions between a public body and its attorney concerning a pending action may be held in executive session if public disclosure of the matters to be discussed will seriously impair the public body's ability to prosecute or defend the litigation. The City Attorney and outside counsel retained by the City to conduct its defense believe the necessary matters to be considered and discussed by the City Council fall within the purview of §307(B) (4), and discussion of these matters publicly during a City Council meeting would be seriously impair the ability of the City and the three defendants to conduct a defense. Accordingly, counsel recommends that discussion of the legal issues relating to the pending lawsuit and the settlement conference be conducted in executive session. As further required by the Open Meeting Act, any vote or action taken in connection with this item will occur in the public meeting after the City Council members have returned from executive session. RECOMMENDATION: Staff recommends that the City Council convene an executive session to discuss this lawsuit and the scheduled settlement conference. Staff further recommends that the City Council designate the City Manager, Rodney J. Ray, as the authorized settlement representative for the City of Owasso in the case of Doug Driver v. Dan Yancey, Scott Chambless and Michael Denton, and confer full and final settlement authority upon him for the potential disposition of this case.