WHEREAS, on April 22, 2015, Judge Hilton M. Fuller entered an order in the case Darr v. Columbus (SU-14-CV-3437) finding that in accordance with the parties’ understanding of O.C.G.A.§ 45-9-21(e), the attorney’s fees and expenses incurred by Sheriff Darr during the litigation would be paid by the governing authority of Columbus Consolidated Government(CCG), and the order further specifically provided, over the objections of the Defendants in said litigation, that the fees were not to be paid out of the funds appropriated to the Sheriff’s budget;
WHEREAS, the Defendants do not contest that O.C.G.A. §45-9-21(e) provides that the fees incurred by the Sheriff are to be paid from public funds, but they do contest the finding that the Court has authority to dictate which funds, and from which accounts, of the governing authority said fees must be paid;
WHEREAS, CCG contends said matters have been duly raised by the Defendants and preserved for appeal;
WHEREAS, on August 28, 2015, Judge Fuller ordered that CCG pursuant to OCGA §45-9-21(e) pay $232,816.69 which represented all of the Sheriff’s attorneys’ fees and expenses which had been billed through August 15, 2015, and the Order as later amended requires payment by September 25,2015;
WHEREAS the counsel for plaintiff has stipulated that $232, 810.69 was actually owed, and that $207,613.85 of said fees and expenses were incurred in CCG FY2015 and $25,196.84 were incurred in the CCG FY2016;
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:
This Council hereby authorizes the Finance Director to make payment in following amounts to the law firms designated below as ordered by Judge Hilton M. Fuller in the case of Darr v. Columbus (SU-14-CV-3437) in full accord and satisfaction of all fees and expenses due through August 15, 2015:
W.Kerry Howell, LLC $1,275.00
Walker, Hulbert, Gray and Moore, LLP $23,921.84
While preserving all objections and rights of appeal, this Council directs the Finance Director to make this payment from Department 590, Miscellaneous, of the General Fund (0101-590-3000-6310) and not from the Sheriff’s budget, such funds having been made available by an Operating Budget Amendment for FY16 passed on today’s date.
Introduced at a regular meeting of the Council of Columbus, Georgia held on the 22nd day of September, 2015, and adopted at said meeting by the affirmative vote of ______ members of Council.
Councilor Allen voting_____________.
Councilor Baker voting_____________.
Councilor Barnes voting____________.
Councilor Buck voting______________.
Councilor Davis voting_____________.
Councilor Henderson voting_________.
Councilor Huff voting______________.
Councilor Pugh voting______________.
Councilor Thomas voting____________.
Councilor Woodson voting___________.
TINY B. WASHINGTON TERESA PIKE TOMLINSON