Pay settlement of $175,000 to resolve a claim for attorney fees in Duncan, et al. v City of Portland involving Code Sections 14A.50.020 and 14A.50.025
The City of Portland ordains:
Section 1.The Council finds:
- James Duncan, et al., through attorney Edward Johnson with Oregon Law Center, filed a claim against the City for attorney fees resulting from litigation to challenge Portland City Code 14A.50.020 and PCC 14A.50.025, which codifies regulations adopted by City Ordinance 191311 passed on June 1, 2023.
- The claim has been investigated by the City Attorney’s Office and 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 court award, it is prudent to compromise the claim at this time.
- City Attorney and Risk Management Services recommend the claim for their attorney fees be compromised for the total sum of $175,000, subject to the claimant(s) providing the City with a release in a form to be approved by the City Attorney.
NOW, THEREFORE, the Council directs:
- The Mayor and Auditor are hereby authorized to draw and deliver a check in the amount of $175,000 made payable to Oregon Law Center.
- Risk Management Services will execute a payment authorization in the amount set forth in sub-paragraph (A) above.
Official Record (Efiles)
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 as amended by Council
Auditor of the City of Portland
Simone Rede
Impact Statement
Purpose of Proposed Legislation and Background Information
This Ordinance settles a claim for attorney fees brought by James Duncan et al, resulting from litigation to challenge a City ordinance.
Financial and Budgetary Impacts
This legislation will have no impact on City revenue.
Total cost to the City to settle the claim is $175,000. 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 claim for attorney fees arising out of a lawsuit challenging Portland City Code 14A.50.020 and PCC 14A.50.025. 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 for attorney fees against the City of Portland.
100% Renewable Goal
This legislation will have no impact on City energy use.
Financial and Budget Analysis
Total cost to the City to settle the claim is $175,000. The source of funding is the City’s Insurance and Claims Fund. All cost of the settlement is in the current fiscal year.