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Storm damage recovery

191227

Emergency Ordinance

*Pay settlement of Matthew Lovato and Stacie Carman personal injury lawsuit for $15,000 involving the Portland Police Bureau

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. Matthew Lovato and Stacie Carman, through attorneys Mariruth Petzing, Kelsey Heilman, and Ed Johnson have filed a lawsuit against the City for injuries/damages resulting from being trespassed from a Motel 6 on N Schmeer Road involving the Portland Police Bureau on February 19, 2021. 
     
  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 $15,000, 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 two checks in the amount of $7,500 made payable to Oregon Law Trust Account.
  2. Risk Management Services will execute a payment authorization in the amount set forth in sub-paragraph (A) above.

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

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

This Ordinance settles a personal injury lawsuit brought by Matthew Lovato and Stacie Carman, for injuries/damages resulting from being trespassed from a Motel 6 on N Schmeer Road.

Financial and Budgetary Impacts

This legislation will have no impact on City revenue.

Total cost to the City to settle the lawsuit is $15,000. The source of funding is the City’s Insurance and Claims Fund. All cost of the settlement is in the current fiscal year. This Ordinance does not amend the budget.

Community Impacts and Community Involvement

This Ordinance settles a lawsuit arising out of the Portland Police Bureau’s involvement in removing plaintiffs’ from a motel. No public involvement or input was sought regarding this Ordinance. The City Attorney’s Office and Risk Management have concluded that it is not appropriate to have public involvement in settlement negotiations regarding tort claims or lawsuits against the City.

No future public involvement is anticipated or necessary. Approval by City Council of this Ordinance will fully settle a tort claim against the City of Portland.

100% Renewable Goal

This legislation will have no impact on City energy use.

Budget Office Financial Impact Analysis

Total cost to the City to settle the lawsuit is $15,000. The source of funding is the City’s Insurance and Claims Fund. All costs of the settlement are in the current fiscal year.   

Agenda Items

258 Consent Agenda in April 5, 2023 Council Agenda

Passed

Item 258 was pulled from the Consent Agenda for discussion.
  • Commissioner Dan Ryan Yea
  • Commissioner Rene Gonzalez Yea
  • Commissioner Mingus Mapps Yea
  • Commissioner Carmen Rubio Yea
  • Mayor Ted Wheeler Yea

Introduced by

Contact

Requested Agenda Type

Consent

Date and Time Information

Requested Council Date