Wynetta Massey, City Attorney, presented the Ordinances amending City
Code pertaining to settlement authority and criminal actions. She provided
an overview of settlement authority limits, Ordinance No. 90-53, litigation
settlements since 2020, dollars saved, recommendations, criminal actions,
and next steps.
Councilmember Donelson asked how the settlement amounts from 1990
were determined. Ms. Massey stated she does not have that information.
Councilmember Donelson stated he is comfortable with doubling those
numbers, but what is being proposed seems too large of a jump and
believes that City Council should have the option to defend employees who
were acting in good faith.
Councilmember O’Malley stated it is less about the money and more about
whether City Council gives up its authority.
Councilmember Risley stated he understands the necessity for the City
Attorney to have some latitude for negotiating, but one of the roles of the
Legislative Branch is to provide checks and balances for the
Administrative Branch and he supports an increase equal to doubling the
original amounts but does not support the proposed threshold amounts.
President Helms asked if the City Attorney had the authority, could several
cases have been settled for a lower amount. Erik Lamphere,
Employment/Litigation Division Chief, City Attorney’s Office (CAO),
confirmed there have been a handful of cases where that has occurred
during mediation.
Councilmember Talarico commented that these settlement amounts should
be reviewed more frequently than thirty-five years.
Ms. Massey proposed the general litigation limit amount be increased to
$150,000 for the City Attorney’s settlement authority, $250,000 for the
Claims Review Board (CRB), and Police Use of Force cases be increased
to $100,000 for the City Attorney and $200,000 for the CRB.
Councilmember Henjum asked why these increases are being proposed at
this time. Ms. Massey stated it addresses some of the concerns which
have been expressed, updated settlement limits are long overdue, and she
would like to see the settlement limits adjusted before she retires to make
claim and litigation settlement less uncertain for the City.
Councilmember Donelson recommended the general litigation amount be
$100,000 for the City Attorney’s settlement authority.
Councilmember Henjum requested the settlement amounts data over the
past ten years. Ms. Massey stated they will provide that information from
2020 to present.