Sparks City Council Meeting 6/22/2015 2:00:00 PM

    Monday, June 22, 2015 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th St., Sparks

Closed Door Sessions: 12.1

Title: Possible Motion to Adjourn to a Closed Door Session to receive information from the City Attorney regarding litigation involving a matter in which the Sparks City Council has supervision and control to settle. (NRS 241.015(B)(2))
Petitioner/Presenter: Doug Thornley/Doug Thornley
Recommendation: I move to adjourn to an attorney client closed door session in order to listen to our attorney’s advice concerning a possible final settlement of a claim against the City.
Financial Impact: An expenditure of $70,000.00 will be necessary if the City Council approves the settlement.
Business Impact (Per NRS 237):
     A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

Possible final resolution of an ongoing litigation.



Background:

In September 2009 a contingent of SPD officers was involved in a traffic incident following tactical training outside of Fernley, Nevada. The City was subsequently sued regarding this incident.

The U.S. District Court granted the City’s Motion for Summary Judgment, but the 9th Circuit Court of Appeals reviewed the case and sent it back to the District Court for Discovery and a possible trial. The City is now faced with retaining multiple expert witnesses as part of the process.

Pursuant to negotiations, and upon the recommendation of the City Attorney, the City Council is now being asked to approve the settlement of the litigation for $70,000.



Analysis:

The City’s cost to try this matter to a jury will far exceed the expense of settlement.



Alternatives:

The City Council could accept or deny the settlement based upon information it receives from the City Attorney during the attorney client session.



Recommended Motion:

I move to adjourn to an attorney client closed door session in order to listen to our attorney’s advice concerning a possible final settlement of this matter.



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