A resolution authorizing and approving the expenditure and payment from the appropriation account designated “liability claims,” the sum of Three Million, Two Hundred and Fifty Thousand Dollars ($3,250,000.00), payable to JAMAL HUNTER c/o RATHOD MOHAMEDBHAI, LLC, in full payment and satisfaction of all claims in Civil Action No. 12-CV-02682-JLK in the Federal District Court for the District of Colorado. (SAFETY & WELLBEING) Settles a claim involving the Denver Sheriff Department. This resolution was approved for filing at the Mayor-Council meeting on 7-22-14.
One nay, one abstention. Council Bill 622 has been placed on final consideration and does pass. Councilman Lopez, will you please put a resolution 647 on the floor for adoption? President, I move that council resolution 647 series of 2014 be adopted. It has been moved and seconded. Comments from members of Council Councilwoman Fox. Thank you, Mr. President. The ordinance that we just approved moved money through a supplemental from one fund to another. In order to facilitate the resolution I'm going to be addressing just so people understand what the relationship was. I will be voting no. This is not the first settlement I have opposed during my time on council. In a few of those cases, I felt the city employees actions could be justified and a settlement never should have been proposed. But I have to tell you, this is not such a case. What happened to Mr. Hunter shouldn't have happened. I'm truly sorry for what he has been through, including pain, suffering and permanent scarring. A second reason I have opposed settlements in the past is that I found the dollar amount to be excessive. This is such a case in my mind. There should be a strong nexus between the dollar amount awarded and the severity of permanent injuries to justify the amount in front of us tonight. Those permanent injuries would have to be catastrophic. The council has been privy to comments the plaintiff himself made. About his own current physical functioning. I'm very pleased for Mr. Hunter, but I do not see damages of $3.25 million. Also, what kind of precedent and incentive to such a windfall settlement set for other potential cases? In the meantime, I fully support the mayor's actions to review this department from top down. The third party reviews called for in the settlement are important too, but I don't believe these reviews are dependent on a multi-million dollar deal. Bottom line I'll be voting against the settlement, but not because a settlement isn't warranted. To me, we're off base on the amount. Thank you, Councilwoman Fox. Councilman Lopez. Thank you, Mr. President. I am going to support this bill and I'm going to support the settlement. We can't have this kind of behavior and this kind of liability in our department, especially from folks who wear a city badge or a city seal. I believe. There is no dollar amount that would make Mr. Hunter whole. I think once you have that trauma, I believe it would stay with you. And. Do I support this? Yes. At the same time, I support the administration, this council on this city, making sure these kind of settlements don't come across our desk again, not because they're expensive, because we shouldn't be voting on them in the first place. There needs to be serious reform. The mayor has said it. This administration has said it. And we look forward to making sure those reforms are in place. I know this has been a tough case. This has been tough for our city attorney. It's been tough for our cities. It's been tough for the sheriff's department. There are a lot of good men and women that still wear a badge in this city. And we should not let this case tarnish that. And that's why I support the settlement. That's why I support moving forward on reform. Finally, we all know on city council, we've all been briefed. We are also stewards of our tax dollars. From what I gather, is that in the best interests of making sure our voters and making sure that as voters at the people and county people sitting in Denver who pay tax dollars know that we're smart with their resources. This could cost us a lot more. Not just socially, not just because of what's allegedly happened. Financial. Mr. President, thank you for allowing me to speak. I support this moving forward. Thank you. Councilman Lopez, Councilwoman Robb. Thank you, Mr. President. And thank you, Councilman Lopez, for your comments. I concur with your comments and Councilwoman Ford, so respect where you came from. But I do want to talk tonight, even though this is a very important issue citywide. On behalf of Council District ten constituents, because when I came into office, we were having a great debate on the location of a future justice center and the residents under really good leadership of the Golden Triangle, even though the Justice Center and the downtown detention center would be their new neighbor, place their faith in justice in both the courts and in our jail system. Councilman Lopez said this had been tough on many people. I think this has really been tough on those people who put their faith in our investment in a state of the art justice center. And so now I, too, am looking forward to expecting and demanding a state of the art jail operation. So, yeah. Thank you, Councilwoman Robert. Councilman Brown. Thank you, Mr. President. We have the city attorney and the office and the chamber this evening. And I would like to ask a basic question that the citizens in my district are asking, and it's very simple. There were deputies obviously named in the lawsuit. Could you bring us up to date on what is happening or will happen to them? Thank you, Councilman Brown. Again, my name is Scott Martinez, the city attorney for Denver. I think this case put a pause button on some of the employment actions regarding those deputies in the case. This this settlement, if it is approved tonight, would settle all claims in regards to the city as well as to those individual offers, officers and deputies. And it would allow the employment matters regarding those individual officers and deputies to move forward. The pause button would be able to we be able to play in terms of holding those continuing those employment actions against those individual officers. And what actions are we looking at? Councilman, as you know, this is this is a personnel matter. So we'll have to let those follow that normal course as those individuals have certain rights and or are our city lost? Some deputies and other incidences have been fired, though, correct? That's correct. Okay. I got to tell you, this isn't harassing for our city. I don't understand how this could happen. Right. Just let me give you one example. In the county jail, there are currently 155 cameras. Surveillance cameras. There are proposed new cameras to be added and that will be another 184. So that total in the county jail will come to 339 cameras. Now, in the detention center, there are 678 cameras. You're being watched. Everyone's being watched. In this citizens are Denver are watching. You cannot do this. It is just incomprehensible to me that this can happen. I'm going to vote for this tonight, but I hope we don't see any more. But I'm afraid we will. Thank you, Mr. President. Thank you, Councilman Brown. Do we have any other comments from members of the council? Seen on this is for resolution 647, Madam Secretary. Oracle. But no can each layman. Lopez i nevett i Ortega abstain. Rob I Sheppard Susman i Brooks Brown, i Mr. President. Hi, Madam Secretary. Please close the vote announced the result. Ten one nay, one abstention. Tonight one nay, one extension. Council Resolution 647 has been adopted. Madam Secretary, we please take the next one. What should be four bills for introduction? 574 and we add three council members call this out, Fats Brooks and Lemon.