The City of Portland ordains:
Section 1. The Council finds:
- Patrick Cunningham, through attorney Michael A. Cox, has filed a claim against the City for injuries resulting from a traffic stop by Portland Police on Saturday, February 6, 2021, based on information provided by the Portland Bureau of Emergency Communications.
- The claim 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 claim at this time.
- Risk Management Services recommends the claim be compromised for the total sum of $50,000, 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:
- The Mayor and City Auditor are hereby authorized to draw and deliver a check in the amount of $50,000 made payable to the Trust Account of Michael A. Cox.
- 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 claim; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.
Purpose of Proposed Legislation and Background Information
This Ordinance settles a personal injury claim brought by Patrick Cunningham, resulting from a Portland Police traffic stop in southeast Portland based on information from the Bureau of Emergency Communications.
Financial and Budgetary Impacts
This legislation will have no impact on City revenue.
Total cost to the City to settle the claim is $50,000. 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 tort claim resulting from a traffic stop involving the Portland Bureau of Emergency Communications. 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.