190940

The City of Portland ordains:

Section 1. The Council finds:

1. Dan Buckner, through attorneys Christopher Lundberg and Matt Malmsheimer, has filed a lawsuit against the City alleging public whistleblower retaliation and promissory estoppel involving Portland Fire & Rescue on March 11, 2019. 
    
2. The lawsuit has been investigated by Risk Management Services. The investigation indicates there is risk the City may be found liable.  Therefore, in order to avoid the risk of an adverse jury award, we feel it is prudent to compromise the lawsuit at this time.
    
3. Risk Management Services recommends the lawsuit be compromised for the total sum of $60,000, subject to the claimant providing the City with a release in a form to be approved by the City Attorney. 

NOW, THEREFORE, the Council directs:

1. The Mayor and City Auditor are hereby authorized to draw and deliver a check in the amount of $30,000 made payable to Haglund Kelley, LLP in trust for Dan Buckner.
    
2. The Mayor and City Auditor are hereby authorized to draw and deliver a payroll check for wages from Portland Fire & Rescue in the gross amount of $30,000, less deductions withheld, made payable to Daniel Buckner.
    
3. Risk Management Services will execute the payment authorization in the amount set forth in sub-paragraph (A) above.
    
4. Payroll will execute a payment authorization in the amount set forth in sub-paragraph (B) above.

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