passed ordinance 2025-222

*Pay settlement of the estate of M.A. (a minor) wrongful death and related claims resulting from a drowning at Montavilla Community Center for $1,660,400 involving Portland Parks & Recreation

parks recreation
budget finance
claim settlement

Department: Risk Management
Introduced by: Mayor Keith Wilson
Status: Passed

Impact statement

Purpose & background

This Ordinance settles a wrongful death claim brought by the Estate M.A, resulting from a drowning at a City swimming pool on property in southeast Portland.

Financial impacts

This legislation will have no impact on City revenue. Total cost to the City to settle the Claim is $1,660,400. The source of funding is the City’s Insurance and Claims Fund. All cost of the settlement is in the current fiscal year. This Ordinance does not amend the budget

Economic impacts

Not applicable.

Community impacts

This Ordinance settles a tort claim resulting from a drowning at a City swimming pool involving Portland Parks & Recreation. No public involvement or input was sought regarding this Ordinance. The City Attorney’s Office and Risk Management have concluded that it is not appropriate to have public involvement in settlement negotiations regarding tort claims or lawsuits against the City. No future public involvement is anticipated or necessary. Approval by City Council of this Ordinance will fully settle a tort claim against the City of Portland.

▸ Full text (the legislation as adopted)

The City of Portland ordains. Section 1. The Council finds: On or about August 28th, 2023, the Estate of M.A. and M.A.’s surviving siblings K.A and A.S.A, through attorney Hala J. Gores, provided timely tort claim notice to the City of Portland of damages arising from the alleged wrongful death of M.A. and related tort claims involving Portland Parks & Recreation. The claims have been investigated by Risk Management Services, Portland Parks & Recreation, and the City Attorney’s Office. The investigation indicates there is risk the City may be found liable. The City of Portland, through Risk Management Services, Portland Parks & Recreation and the City Attorney’s Office, participated in mediation with the claimants and their attorneys on January 8th, 2025. The parties reached a mutually agreeable settlement of the claims for the sum total payable by the City of $1,660,400.00. The settlement is contingent on the approval of this Ordinance by City Council. The City Attorney’s Office, Risk Management Services, and Portland Parks & Recreation recommend the claim be compromised for the total sum of $1,660,400, subject to the claimants providing the City with releases in a form to be approved by the City Attorney. NOW, THEREFORE, the Council directs: The City Administrator is authorized to settle the claim in the amount of $1,560,400 made payable to Hala J. Gores Lawyer Trust Account FBO the Estate of M.A. and a second check in the amount of $100,000 for the benefit of M.A.’s surviving siblings and made payable to MetLife Assignment Company, Inc or such other entity as may be designated by the lawfully appointed conservator for M.A.s surviving siblings and approved by the City Attorney. Risk Management Services will execute a payment authorization in the amounts set forth in sub-paragraph (A) above. Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this wrongful death claim; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

12 yea 0 nay