190857

The City of Portland ordains:

Section 1. The Council finds:

1. In 2021, Alan Lloyd Kessler filed a lawsuit against the City in Multnomah County Circuit Court case number 21-CV-10638 (“the Lawsuit”), seeking declaratory and injunctive relief related to a request for public records involving the Portland Police Bureau.
    
2. On May 9, 2022, the parties attended mediation as part of the Multnomah County Circuit Court’s requirement that parties attempt to resolve their differences through alternate dispute resolution.  Based upon the evidence and legal positions presented at that mediation, the parties agreed to the terms of a settlement in resolution of this litigation.
    
3. To fully resolve this Lawsuit without further legal proceedings, and to avoid the legal and financial risks of litigation, the Portland Police Bureau and the City Attorney’s Office recommend the payment of $20,000 to Alan Lloyd Kessler.   

NOW, THEREFORE, the Council directs:

1. The Portland Police Bureau and the City Attorney’s Office are hereby authorized to enter into and execute a settlement agreement, in a form substantially similar to Exhibit A attached hereto, to resolve the Lawsuit.
    
2. The Portland Police Bureau is hereby authorized to draw and deliver a check in the amount of $20,000.00 made payable to Alan Lloyd Kessler.
    
3. If the check authorized in Paragraph (a) herein is not tendered by July 1, 2022, the Portland Police Bureau is hereby authorized to add interest at the legal rate set forth in ORS 82.010 to those payments beginning July 2, 2022.

Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this matter; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.