Case 6:08-cv-01447-AA Document 91 Filed 09/12/12 Page 1 of 2 DAVID LANDRUM, Oregon State Bar ID Number 955425 Deputy City Attorney Email: david.landru~portlandoregon.gov Offce of City Attorney 1221 SW 4th Avenue, Rm 430 Portland, OR 97204 Telephone: (503) 823-4047 Facsimile: (503) 823-3089 Of Attorneys for Defendants UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION MARLIN ANDERSON, MARY BAILEY, MATTHEW CHASE, JACK GOLDEN, LEO RHODES, and JERRY BAKER, on behalf of themselves and all others similarly 6:08-CV-01447-AA NOTICE OF SETTLEMENT situated, PLAINTIFFS, v. CITY OF PORTLAND; CITY OF PORTLAND POLICE CHIEF MICHAEL REESE, in his individual and official capacity; CITY OF PORTLAND POLICE OFFICER J. HURLEY, in his individual and offcial capacity; CITY OF PORTLAND POLICE OFFICER J. FULITANO, in his individual and offcial capacity; CITY OF PORTLAND POLICE OFFICERS DOES 1 THROUGH 50, DEFENDANTS. IIIIII IIIIII Page 1 - NOTICE OF SETTLEMENT PORTLAND CITY ATTORNEY'S OFFICE 1221 SW 4TH AVENUE, RM 430 PORTLAND, OREGON 97204 (503) 823-4047 Case 6:08-cv-01447-AA Document 91 Filed 09/12/12 Page 2 of 2 Portland notifies the Cour that this action has been Pursuant to ORS 17.095, the City of settled pursuant to the terms of a Release and Hold Harless Agreement, a copy of which is attached hereto. Dated: September 12, 2012. Page 2 - NOTICE OF SETTLEMENT PORTLAND CITY ATTORNEY'S OFFICE 1221 SW 4TH AVENUE, RM 430 PORTLAND, OREGON 97204 (503) 823-4047 Case 6:08-cv-01447-AA Document 91-1 Filed 09/12/12 Page 1 of 7 RELEASE AND HOLD HARLESS AGREEMENT i. FOR THE SOLE CONSIDERATION of the sum of $3,200.00 (three thousand, two hundred dollars) for claimed moneta damages to Marlin Anderson, Mar Bailey, Matthew Chase, Jack Golden, Leo Rhodes and Jerr Baker (hereinafter "the named plaintiffs"), $37,000 in claimed attorneys' fees and costs to the Oregon Law Center, and the non-monetar terms set out below, the undersigned named plaintiffs in United States Distrct Cour for the District of Oregon Case No. 08-1447-AA, hereby release and forever discharge Police Chief Michaél Reese, the City of Portland, its agents, officers, employees, officials, and all other persons, firms, corporations or other entities liable or who might be claimed to be liable from any and all claims for damages and/or injuries from or relating to the events alleged in their complaint. A. Moneta terms of settlement 1. The City agrees to pay $3,200.00 (three thousand, two hundred dollars) for claimed economic damages to the individually-named plaintiffs and any other unnamed beneficiaries designated by Oregon Law Center. 2. The City agrees to pay $37,000.00 (thirt-seven thousand dollars) for claimed attorney fees and costs to Oregon Law Center. payment tò them, an equivalent 3. The named plaintiffs agree that in lieu of . amount to that claimed for attorney fees wil be used by the City of Portland Housing Bureau for the specific and restricted use as rent-assistance fuds in the Housing Bureau's Homeless program or programs, specifically known as "GFPHB." Those fuds are to be contracted in the City's 2012-2013 Adopted Budget. . B. Non-moneta terms of settlement: 1. The City will enforce its camping ordinance (PCC 14A.50.020 or successor) and its erecting temporar strctues ordinance (PCC 14A.50.050 or successor) cityde in accordance with the protocols set forth in Directive 835.20 and in the June 15, 2009 Central Precinct memorandum, with the following modifications: Page 1 - RELEASE AND HOLD HARMLESS AGREEMENT Case 6:08-cv-01447-AA Document 91-1 Filed 09/12/12 Page 2 of 7 a) The defition of "established campsite" in Directive 835.20 will be revised to include "a camp structue such as a hut, lean-to, tent, or other temporar strctue such as cars and/or personal propert". b) Unless an exception as defined in Directive 835.20 applies, officers will provide advance notice before citation and property removal to all campers, includig those with only a bedroll, those who are parially blockig sidewalks, and those camping in cars. If a citation without property removal is to occur, the minimum notice will be a verbal warng with reasonable time to relocate; reasonable time is usually one hour but may be shorter if necessar. Both Directive 835.20 and the June 15,2009 memorandwn will be revised to reflect these rues. c) Directive 835.20 will be revised to reflect the additional notice and storage requirements that apply when camp cleanups are to occur on a State of Oregon right-of-way (see OAR Chapter 734, Division 35, Highway Division). d) All activity by any person or persons in any Portand Parks remains governed by Portland City Code Chapter 20, which may include different rues. 2. When engaged in "Posting/Cleanup of Established Campsites," as defined in PPB Directive 835.20, PPB Offcers will: a) Include in any posted notiçe "This campsite will be cleared no less than 24 hours after and withn seven (7) days of (the date and time the site is posted for cleanup)." However, the 7-day period is not a guarantee that any clean-up wil not take place until seven days have elapsed - clean-up may take place at any time within that seven-day period. b) Keep for storage any item that is reasonably recognzable as belonging to a person and that has apparent use. c) Photograph all confscated propert. Contaiers, including bags and backpacks, will be photographed, and their contents will be inventoried and photographed. d) Create a wrtten list of.all propert confscated showing the location and date of the cleanup, and including a description of each item of propert confscated, including the tye of item, color, any known brand- name, and marks thereon identifyng an owner. e) Photograph the campsite afer all items are collected, to show what is being disposed of instead of confscated and maintaied. Page 2 - RELEASE AND HOLD HARLESS AGREEMENT Case 6:08-cv-01447-AA Document 91-1 Filed 09/12/12 Page 3 of 7 f) Include in any posted notice "All property confscated from this camp will be maintained at Staton Yard, 2929 N. Kerby Avenue, Portland, Oregon for a minmum of 30 days. Property owners may inquire there to attempt to locate confiscated property: (503) 823-1700; 6:30 a.m. - 3:00 p.m. Monday th Friday." 3. The City will train its offcers on these new rules. a) The City wil make these guidelines available to the public, and the City's police offcers wil tell potential campers and outdoor sleepers about these guidelines. II IT is UNDERSTOOD AND AGREED that the payment and promises made under this liabilty. PPB Chief agreement are not to be constred as an admission of Reese and the City of Portland expressly deny liabilty to the plaintiffs or any other person for injuries or damages arising out of the events and/or condition alleged in the aforementioned federal lawsuit. II IT is FURTHER UNDERSTOOD AND AGREED that this agreement releases Chief Reese and the City of Portland, its employees, agents and offcers from any and all claims arising out of the above-described cause of action, and claims against the proceeds of said action liens, Social Security Administration liens, including, but not limited to, medical liens, hospital Medicare liens, workers' compensation liens and all other liens against the above-described causes of action at the time of execution hereof. iv THE UNDERSIGNED AGREE AND WARRNT that all expenses incured to date or which will be incured in the futue, which are related in any way to claims being released herein, have either been paid or will be paid from the proceeds of this settlement and that the plaintiffs will hold Chief Reese and the City of Portland, its agents, employees and officers harless from any claim for any such expense whenever incured and, if any suit is fied agaist them to collect such claim, the plaintiffs will accept the tender of defense of any such claim, Page 3 - RELEASE AND HOLD HARMLESS. AGREEMENT Case 6:08-cv-01447-AA Document 91-1 Filed 09/12/12 Page 4 of 7 defend at their expense and pay any judgment entered therein and agree to compensate the Chief, the Portland for any expense or liabilty incured as a result of the officers, and/or the City of filing of such suit. v THE UNDERSIGNED HEREBY DECLARE that they have read this Release and Hold Harless Agreement and that it is fuly understood and voluntaily accepted for the purpose of making a full and complete settlement and compromise of any and all claims, in whatever legal form or theory the plaintiffs might assert, whether disputed or otherwse, arising out of the events described in their complaint in the United States District Cour for the District of Oregon, entitled: UNITED STATES DISTRICT COURT DISTRICT OF OREGON MARLIN ANDERSON, MARY BAILEY, MATTHEW CHASE, JACK GOLDEN, LEO RHODES, and JERRY BAKER on behalf of themselves and all others similarly situated, PLAINTIFFS, v. CITY OF PORTLAND; CITY OF PORTLAND POLICE CHIEF MICHAEL REESE, in her individual and offcial capacity; CITY OF PORTLAND POLICE OFFICER J. HURLEY, in his individual and offcial capacity; CITY OF PORTLAND POLICE OFFICER J. FULITANO, in his individual and offcial capacity; CITY OF PORTLAND POLICE OFFICERS DOES 1 THROUGH 50, DEFENDANTS. Page 4 - RELEASE AND HOLD HARMLESS AGREEMENT 08-1447 AA Case 6:08-cv-01447-AA Document 91-1 Filed 09/12/12 Page 5 of 7 VI THE UNDERSIGNED EXPRESSL Y AGREE to voluntarly dismiss, forthwith, the action fied on December 12,2008, in the United States District Cour for the District of Oregon, entitled: UNITED STATES DISTRICT COURT DISTRICT OF OREGON MARIN ANDERSON, MARY BAILEY, MATTHEW CHASE, JACK GOLDEN, on behalf 08-1447 AA of themselves and all others similarly situated, PLAINTIFFS, v. CITY OF PORTLAND; CITY OF PORTLAND ROSANNE SIZER, in her POLICE CHIEF individual and official capacity; CITY OF PORTLAND POLICE OFFICER J. HURLEY, in his individual and official capacity; CITY OF PORTLAND POLICE OFFICER J. FULITANO, in his individual and offcial capacity; CITY OF PORTLAND POLICE OFFICERS nOES 1 THROUGH 50, DEFENDANTS. with prejudice and without any award of attorney fees or costs to any pary. VII IT is EXPRESSL Y UNDERSTOOD AND AGREED that this Release and Hold Harless Agreement is intended to, and does, cover not only all known losses and damages, but any fuer losses and damages not now known or anticipated which may later develop or be discovered, including all effects and consequences thereof. Page 5 - RELEASE AND HOLD HALESS AGREEMENT Case 6:08-cv-01447-AA Document 91-1 Filed 09/12/12 Page 6 of 7 VII The paries agree to ask the cour to retain jurisdiction in this matter for a period of 3 years for the purose of enforcing this agreement or resolving any disputes about performance under this agreement. THE TERMS SET FORTH HEREIN are contractual and not a mere recitaL. DATED this i day of 0 ,2012. CMkR~ ~ar~ ~ Anderson, plaintif Ma Bailey, plai ~ ~~2 aD/Ck /) C: Matthew Chase, plaintiff ~MJ hdRM Lwr Jack Golden, plaintiff i :/.v -t Leo Rhodes, plamtiff J~1M Jerry er, Plti i Page 6 - RELEASE AND HOLD HARMLESS AGREEMENT Case 6:08-cv-01447-AA Document 91-1 Filed 09/12/12 Page 7 of 7 REVIEWED AND APPROVED BY: Oregon Law Center ~(1..duJ (\ ~r. Attorney for P tiffs Anderson, Bailey, Chase, Golden, Rhodes and Baker SUBSCRIBED AND SWORN TO BEFORE me ths ~ day of àø+-u6. 2012, by Moniea Gei:ske. C.a V'ol~)"" N ()lrl-w- OFFCIAL SEA SONYA L. BAKER NOTARY PUBLIREGON COMMISSION NO. 43120 MY COMMISSION EXPIRES OCTOBER 16, 2012 ~ , ,~L &1& No Public for Oregon . My commssion expires:/O/IJ?/Z t?-z SIGNATURES FOR DEFENDANTS: David Lan , Deputy City Attorney Attorney for Defendants Reese, Hurley, Fulitano and City of Portland . . SUBSCRIBED ~ ~. ¡ AND SWORN TO BEFORE me ths L day of'Llø1pv 2012, by David Landr. OFFCIA SE SONYA L BAKER NOTARY PUBUC-oREGON COMMISSION NO. 43120 MY COMMISSION EXPIRESOCDBER 16, 2012 £011 l 15ti/w Nota Public for Oregon My commission expires: /tJ//47/U/Z- ~~ :m;,o~ortland l¿ïrA f,- Nick Fish, Commissioner, City of ~R.¿,£~ Portland . Michael Reese, Chief Portland Police Bureau, City of Portland Page 7 - RELEASE AN HOLD HARLESS AGREEMENT