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CONSIDERATION OF A RECOMMENDATION FROM THE CITY ATTORNEY THAT THE CITY COUNCIL APPROVE A SETTLEMENT IN THE AMOUNT OF $60,000 FOR THE OKLAHOMA ASSOCIATION OF BROADCASTERS, INC. VS. THE CITY OF NORMAN, OKLAHOMA, AND THE NORMAN POLICE DEPARTMENT, CLEVELAND COUNTY COURT CASE CJ-2014-1360, AND OKLAHOMA ASSOCIATION OF BROADCASTERS VS. RHONDA HALL AND CITY OF NORMAN, CLEVELAND COUNTY COURT CASE CJ-2016-750.
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BACKGROUND: These cases were brought by the Oklahoma Association of Broadcasters, Inc. (OAB) seeking access to a surveillance video seized by the Norman Police Department from Picklemans Gourmet Café. The district court dismissed Case No. CJ-2014-1360 and the Court of Civil Appeals unanimously affirmed the district court’s ruling. The Oklahoma Supreme Court granted OAB’s petition for certiorari and reversed the district court’s decision and awarded OAB costs and attorney fees.
OAB has offered to resolve the attorney fee issue in CJ-2014-1360 and dismiss CJ-2016-750 for $60,000. Because this matter involves pending litigation, the merits of this settlement offer were discussed during an executive session on January 23, 2018.
RECOMMENDATION: It is believed the proposed settlement is fair, reasonable and in the best interest of the City. It is recommended the settlement of this matter be approved by City Council and that this office be directed to reduce the settlement amount to judgment in accordance with 51 O.S. §159, and 62 O.S. §362. The settlement amount will then be placed on the property tax rolls for collection over the next three years. This procedure will minimize the impact of the settlement on the general fund.