File #: 23-409    Version: 1
Type: Action Item Status: Passed
In control: City Council
On agenda: 11/13/2023 Final action: 11/13/2023
Title: Claim Settlement Authorization Ward(s): All Wards Councilor(s): All Councilors Neighborhood(s): All Neighborhoods Result Area(s): Good Governance
Related files:

TO:                      Mayor and City Council

THROUGH:                      Keith Stahley, City Manager

FROM:                      Krishna Namburi, Deputy City Manager and Enterprise Services Director

                                          

SUBJECT:

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Claim Settlement Authorization

 

Ward(s): All Wards

Councilor(s): All Councilors

Neighborhood(s):  All Neighborhoods

Result Area(s): Good Governance

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SUMMARY:

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The matter of Jose Carmona-Perez v. City of Salem, et al, is pending before the Federal Court in Portland.  The matter involves the arrest made by the City of Salem Police Department of Mr. Carmona-Perez, who claimed damages related to injuries sustained during his arrest. Through court supervised mediation conducted on October 13, 2023, the City has agreed to resolve all claims associated with the matter for a payment to Mr. Carmona-Perez not to exceed $95,000.00.

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ISSUE:

 

Shall the City Council authorize the City Manager to resolve civil litigation brought by Jose Carmona-Perez with a payment not to exceed $95,000.00 and other terms and conditions.

 

 

RECOMMENDATION:

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Authorize the City Manager to resolve civil litigation brought by Jose Carmona-Perez with a payment not to exceed $95,000.00 and other terms and conditions.

 

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FACTS AND FINDINGS:

 

The terms of the settlement constitute a full and final settlement of this civil litigation. The Enterprise Services Director and the Risk Manager recommend the City Council authorize the City Manager to settle this matter and issue payment.

 

BACKGROUND:

 

This will be a global settlement, which disposes of all remaining claims and includes a release of all potential claims.

 

This settlement is in exchange for the City paying an amount not to exceed $95,000.00.

 

                     Michelle Teed 

                     Risk Manager

 

Attachments:

None.