ORDINANCE No

"
*Pay claim of Clifford Richardson in the sum of $35,000 involving the Portland Police Bureau. (Ordinance)
The City of Portland ordains:

Section 1. The Council finds:

l.

Clifford Richardson, through his attorney, Kevin Cathcart, has filed a bodily injury lawsuit against the City for damages suffered in an incident occurring on March 29,2010. In the lawsuit, claimant makes claim for use of force involving the Portland Police Bureau.
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 lawsuit at this time.

2.

3.

Risk Management Services recommends the lawsuit be compromised for the total sum of $35,000.00, 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:

a. b.
Section

The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $35,000.00 made payable to Clifford Richardson and his attorney Kevin Cathcart.

Risk Management Services will execute a payment authorization in the amount set forth in sub-paragraph (a) above.

2.

The Council declares that anemergency exists in order to avoid undue and costly delay in settling this lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council,

Mayor Charlie Hales Prepared by Randy Stenquist Date prepared: April 23,2013

LaVONNB GRIFFIN-VALADE Auditor of the City of Portland By
Deputy

Office of Management and Finance Risk Management Services
Charlie Hales, Mayor Kate Wood, Risk Manager 1120 S.W. Fifth Avenue, Room 709 . Portland, OR972O4-1,9I2 Phone: 503-823-5101 . Fax: 503-823-6120 lvww. Portla ndon i ne. com
I

DATB: TO:

April29,2013
FOR MAYOR'S OFFICE USE ONLY

Mayor Charlie I"lales
Randy Stenquist 503-823-6000

Reviewed by Burcau Liaison

FIIOM: IllÙ:

*Pay Claim of Cliff'ord Richardson in the sum of $35,000, involving thc Portland Police Iìurcau (Ordinancc) l. INTENDED WtrDNtrSDAY FILING DATE: May 16,2013 2. REQUBSTBD COUNCIL AGIINDA DATE: M.ay 22,2013 3. CONTACT NAME & NUMIIBR: lìandy Stcnquist, 503-823-6000 4. PLACE ON: CONSDNT ,/ IIEGULAII 5. ÈUDGBT IMP,,\CT STATEMENT ATTACHED: / _Y 6. (3) ORIGINAL COPIES OF CONTIìACTS APPrìOVED AS TO F'OIÌM lly CrTy ATTOIINBY ATTACIIED: Yes No / N/A -N -N/A

7.

I}ACKGIìOUND/ANALYSIS

In March 20l0 Clifford Richardson was a participant in an anti-police protest and march in the streets downtown. There was a strong police presence, including the use of the police bike squad to manage and control the movement of protestors. Several hours into the non-permitted march, a line of off,icers formed a'picket line' with their bikes to keep protestors from moving into the street. Mr. Richardson was at the ûont of the line of protestors, just off the sidewalk. At one point I{ichardson pushed at an officer, and officers moved in to take hirn into custody. During the struggle that ensued, I{ichardson's upper body was struck by a police officer's knee, and as a result his head and face struck the pavement. A TV news carneraman captured much of this on videotape. Richardson was transported to OHSU for his facial injuries.
Richardson was charged with a number of olfenses, and was later acquitted of all charges at his crimiual trial. Richardson's attorney then filed acivil lawsuit, seeking $15,000 lorpast and f¡ture medical bills plus Íì500,000 in general damages. A trial was scheduled to begin April22, 2013. In March, the Police Bureau, Iìisk Management and the City Attorney's Ofhce met and agreed to try to reach a reasonable pre-trial settlement with Richardson's attorney. After signilicant negotiations, Richardson has agreed to accept $35,000 to dismiss his lawsuit. Approval of this settlement will avoid the cost and expense of a trial, and a jury award that could potentially be signifi cantly larger.

8. FINANCIAL IMI'ACT
Approval of the settlement would result in a payment of $35,000.00 Iì'om the liability fund.

ITECOMMENDATION/ACTION REQUESTEI) Approve settlement of Clifford Ilichardson bodily injury lawsuit in the surn of Sì35,000.00.
Please notify the City of Portland no less than five (5) business days prior to events for ADA accommodation

9.

at 503-823-u'o''

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1-800-73s-2s00

Portland, Oregon

FINAI{CIAL IMPACT and PUBLIC INVOLVEMENT STATEMENT
For Council Action Items
)elivcl oligin¿rl to Financia
anninp lJrvision. llctain
c<

L

Name of lnitiator

2. 'l-elephone No
503-tì23-6000

3. IlLrreauiOffi celDept.
OMÌr/Risl< Management

Iìandy Stenquist
4a. 'lo be filed (hearing
date):

4b. Calendar' (Checl< One)
Regular Consent 4/5ths

May 16,2013
6a. Financial lmpact Section:

xnn
X

Submitted to Colnmissioner's office and lìPD Budget Analyst

5. l)ate

6b. Public Involvement Section:

I

Financial impact section completed

puUtic involvement section completecl

Lcgislation Title: *Pay clainr ol'Clifford Richardson in the llureau. (Ordinance)

l)

surn o1'$35,000 involving Police

2) Purpose of the Proposcd Lcgislation: 'lhis ordinance will close OMF Rish Management FileNo. G2010-0459-01 fol

a total

of $35,000.

3) Which ârea(s) of the city are affected by this Council item? (Check all that apply-areas are bascd on formal neighborhood coalition boundaries)? ffi City-wide/Regional n Northeast f, Northwest I North I Central Northeast I Southeast n Southwest I l]as1 I Central City

FINANCIAL IMPACT
4) Iìcvenue: Will this lcgislation gcnerate or rcducc current or f'uture revenuc coming to the Cify? If so, by how much? If so, plcase idcntify the source. This legislation will have no irnpact on City revenue.

5) llxpensc: What are the costs to the City as a rcsult of this lcgislation? What is thc source of f'unding fi¡r the expcnsc? (Please include costs in the current,fiscal year os v,ell ct.ç costs in future ))e(trs. I.f the crction is relaled to a granl or contracl pleose include the local contribution or malch required. Il'there is a pro.ject estimate, please identi.f! the le,yel of con/idence.)
Cost to the City is $35,000. 'lhe source o1'firnding is the City's Insuratrce and Claims Fund. the settlement is in the current lìscal year.

All

oost

of

Versiott updated as of May 19,2011

6) Staffi ng lÌequirements:

.

Will any positions be created, eliminatcd or re-classifÏed in the current year

as a

result of this legislation? (lf'nev, posilions are ueated please include whether they will be part-linte,.full-time, limiled term, or permanenl posilions. If the position is limiÍed term please indicate the end of the ternt.)
No.

.

Will positions be created or eliminatedinfuture yeflrs as a result of this legislation?
No.

(Complete the follotuing section only d an amendment to tlte budget is proposed.)

7) Changc in Aprtropriations (lf'the accompdnying ordinance amends the budgel please re.flect the dollar antounl to be appropriated by this legislalion. Include the appropriaÍe cost elentents lhal are to be loctded by accotrnling. Indicate "net4," in liund Cenler columnf'nev, center needs lo be crealed. Use additional space if needed.)

F'und

Fund Centcr

Commitment Item

Functional Area

f,'undecl

Grant

Sponsored

Amount

Prouram

Prosram

[Proceed to Public Involvcment Section

-

REQUIRBD as of July 1,2011ì

Versiott updated os of May 19, 201I

PUBLIC INVOLVIìMBNT
8) Was public involvcment includcd in the development of this Council item (e.g. ordinance, rcsolution, or report)? Pleasc chcck the appropriate box bclow: ! YBS: Please proceed to Question #9. f NO: Please, explain why below; and proceed to Question #10, This Ordinanoe settles atort lawsuit filed againsttlie City of Portland by Clifford Richardson. The City Attorney's Office and Risk Management have concluded that it is not applopriate to have public involvement in settlement negotiations regarding tort claims or lawsuits against the City.

9)

If '.YES,"

pleasc ans\rycr the fbllowing questions:

a) What impacts are anticipated in the community from this proposed Council itcm?

b) Which community and business groups, under-rcpresented groups, organizations, cxternal governmcnt entities, and other intcrcstcd parties were involved in this efïort, and when and how wcre they involved?
c) How did public involvement shape the outcome of this Council item?

d) Who designed and implcmented thc public involvemcnt related to this Council itcm?
c) Primary contact lbr more inl'ormation on this public involvement process (namc, title, phone, email):
10) Is any future public involvemcnt anticipatcd or necessary for this Council itcm? Please describc why or why not.

No future public involvement is anticipated or necessary. Approval by City Council ol'this Ordinance will fully settle a tort lawsuit against tlie City of Portland.

Iìryant Enge, Director, BIBS I(a1e Wood, Iìisk Manager

APPIìOPRIA'|ION UNIl" IJEAD (Typed name and signarure)

Version updated as of May 19,2011

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