191679

The City of Portland ordains:

Section 1.  The Council finds:

1. In July of 2020, Michael Kessler ("Kessler") submitted a public records request for text messages to and from the Mayor. Kessler proceeded to make an additional 24 substantially similar requests over the next 28 months. The City provided responsive records, archived in the City's text message retention system, Smarsh, and text messages archived during the Enterprise Mobility Management (EMM) enrollment process.
    
2. On December 3, 2022, Kessler filed a lawsuit alleging, among other things, that the City unduly delayed a complete response to his requests.
    
3. It is in the City's best interest to resolve the lawsuit prior to trial.
    
4. Resolution of the lawsuit prior to trial constitutes a compromise of disputed claims and is not an admission of liability.
    
5. The parties agreed, subject to Council approval, to resolve the lawsuit on the following terms:
    
   1. The City shall reimburse Kessler for the fees paid to the City for the requested records, his costs in initiating a lawsuit against the City, and an additional sum of $5,000.00, for a total amount of $6,893.00.
       
   2. The City shall pay Kessler reasonable attorney fees as ordered by the court, in an amount not to exceed $160,000.00.
       
6. The City Attorney’s Office recommends the payment of $166,893.00 as a compromise from the full demand to resolve the matter without further legal proceedings.

NOW, THEREFORE, the Council directs:

1. The City Attorney’s Office is hereby authorized to enter into and execute a settlement agreement, in a form substantially similar to Exhibit A attached hereto, as well as payment of the monies and implementation of other terms referenced therein.
2. The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $6,893.00, plus the court-ordered attorney fees, for a total amount not to exceed $166,893.00, made payable to Alan Kessler. Council authorizes payment of these amounts from the Legal Priorities Reserve Fund.

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.