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

General Business: 9.7

Title: Consideration and Possible Approval of a Settlement.
Petitioner/Presenter: Doug Thornley/Doug Thornley
Recommendation: That the City Council authorize the payment of a settlement in the amount of $70,000.00 to Mr. John Moore, Esq. AND his clients.
Financial Impact: An expenditure of $70,000.00 will be necessary if the City Council approves the settlement.
Total Costs: $70,000.00
Fund: Municipal Self-Insurance    Account: 603260
Program: Police in Muni Ins Fund (050522)
Amount: $70,000.00    Budget Status: Budget Exists
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 claim 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:

Approval of Settlement:

If the City Council decides to approve the settlement offer, the motion should state:

Based upon the advice provided by the city’s attorney, I move to approve the settlement of the litigation brought by Mr. John Moore, Esq. on behalf of his clients, for a total amount of $70,000.

Rejection of Settlement:

Alternatively, the City Council can reject the proposed settlement.  If the City Council decides to reject it, the motion should state:

I move to reject the settlement of the litigation brought by Mr. John Moore, Esq. on behalf of his clients.



Attached Files:
     battershell-settlement-agreement.pdf
Previous Item
Next Item
Return To Meeting