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Label:
Resolution
Repeal authorization of City Attorney to appeal the judgment in Kelly Jones as Personal Representative for the Estate of Michael Townsend v. City of Portland (Repeal Resolution 37674; Circuit Court of the State of Oregon for the County of Multnomah Case 22CV05575)
Referred
WHEREAS, on September 4, 2024, the City Council adopted Resolution 37674 authorizing the City Attorney to appeal from the trial court’s judgment in Kelly Jones as Personal Representative for the Estate of Michael Townsend v. City of Portland, Circuit Court of the State of Oregon for the County of Multnomah Case No. 22CV05575 (“Townsend Case”).
WHEREAS, the case involves the use of deadly force by Portland police that led to the death of Michael Townsend on June 24, 2021.
WHEREAS, the trial court’s judgment was in favor of the plaintiff in the amount of $1,030,661.00, and that verdict is accruing post-judgment interest at the rate of 9% per annum while on appeal.
WHEREAS, the issues on appeal comprise the jury instructions provided by the trial court to the jury, including the trial court’s decision not to instruct the jury on an affirmative defense offered by the City and the trial court’s interpretation of ORS 161.242 concerning the justification of the use of deadly force by a police officer.
WHEREAS, the vote on Resolution 37674 was split 3-2 in favor of the appeal.
WHEREAS, the City Code allows the City Attorney to pursue an appeal “on direction by resolution of the Council or upon written approval of the Mayor.” PCC 3.10.020.I.1.
WHEREAS, the current City Council may reevaluate the previous Council’s decision to authorize the appeal in this case.
WHEREAS, this City Council finds that the appeal was improvidently authorized by the previous Council and that the appeal should be dismissed by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED, the City Attorney’s authority granted by the previous Council to pursue an appeal in the Townsend Case is hereby repealed, and the authority granted to the City Attorney by Resolution 37674 is no longer in effect as of the date this resolution is adopted by Council.
BE IT FURTHER RESOLVED, this Council no longer supports the appeal in the Townsend Case, and if the appeal is to be continued it must be authorized by the Mayor in writing as provided by City Code.
BE IT FURTHER RESOLVED, this Council urges the Mayor to decline to authorize the continued appeal in the Townsend Case, and this Council urges the Mayor to direct the City Attorney to immediately dismiss the appeal.
Official record (Efiles)
Impact Statement
Purpose of proposed legislation and background information
Resolution repeals City Attorney authority to pursue appeal of a judgment by the Circuit Court of the State of Oregon for the County of Multnomah. The appeal addresses the application of Oregon’s laws regarding the use of deadly force.
Financial and budgetary impacts
During the pendency of the appeal, interest is accruing on the judgment at a rate of 9% per annum under ORS 82.010. Dismissing this appeal would cause the judgment to be paid without further accruing interest during the appeal.
Economic and real estate development impacts
Not applicable.
Community impacts and community involvement
This resolution involves direction from the Council to the City Attorney’s Office, based on privileged attorney-client communications, so there was no public outreach or input.
100% renewable goal
Not applicable.
Financial and budget analysis
Analysis provided by City Budget Office
This ordinance withdraws the City's appeal of Circuit Court of the State of Oregon for the County of Multnomah Case 22CV05575 in which the City was ordered to pay $1,030,661 to the plaintiff. This settlement would come out of the City's Insurance & Claims Operating Fund and would be amortized in outyears by the Police Bureau via subrogation. Per ORS 82.010(2)(b) simple interest on the original settlement at an annual 9% interest totals $92,760 in the first year. Prorated monthly interest since the August 12, 2024 judgment would total approximately $54,110 through March, though the final total will be calculated by the Risk Bureau on the date the payment is made based on pro-rated simple interest. Additionally, there was a supplemental judgment for costs and disbursements of $5,514.47 that was entered on November 21, 2024 that interest would accrue on as well. The withdrawal of the appeal would also increase City Attorney Office capacity as this work is being done with the bureaus’ existing resources.
Document history
Document number: 2025-149
President's referral: Community and Public Safety Committee (January 15, 2025 - March 30, 2026)