Consideration and Approval of Claims Expenses/Litigation Costs:  Settlement Offer to close case between the City of Flagstaff, Roy Taylor and Jane Taylor, Ruth Mitchell, and Kenneth Christopher Mitchell, surviving wife and son of deceased Kenneth Mitchell, Sr.

Authorize settlement between the City of Flagstaff, Roy Taylor and Jane Taylor, Ruth Mitchell, and Kenneth Christopher Mitchell, surviving wife and son of deceased Kenneth Mitchell, Sr.

• Requesting approval of settlement agreement of $225,000 for a full mutual release of all claims resolved by this settlement.  Case # 3:11-cv-08140-FJM will be dismissed with prejudice, all parties to pay their own costs and attorney’s fees.  
• Requesting authorization of City Manager to execute necessary documents to effectuate settlement.

• The City’s self insurance has paid $50,000 in defense costs prior to reaching settlement.  Travelers Insurance on behalf of the City has agreed to pay $225,000 settlement as well as any residual defense and mediation costs.
• City’s self insurance fund paid $50,000 from account # 600-8901-590-2005 in defense costs.

• The City settles claims to effectively govern and appropriate resources.

• On March 8, 2011, Council authorized expenditure of City’s $50,000 self insured retention and to proceed with defense and/or settlement of claim.

On August 25th 2010, Kenneth Mitchell, Sr. was fatally shot by City of Flagstaff police officer Roy Taylor who responded to a domestic violence argument between Mr. Mitchell, Sr. and his son Kenneth Christopher Mitchell who was armed with a loaded shotgun. An internal affairs investigation by the City of Flagstaff and an investigation by the Mohave County Attorney’s office both found the police officer acted reasonably and legally. For financial reasons, the City’s insurer made a settlement offer which was accepted by the plaintiffs. 

• Settlement agreement will be provided to Flagstaff City Council prior to the 11/20/2012 Council meeting.