IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the Chair of the Legislature to execute a contract with Donna M. Wilson to provide legal advice to the Legislature in the WitbolsFeugen matter, at a cost to the county not to exceed $5,000.
Intro
RESOLUTION # 14322, September 16, 2002
INTRODUCED BY Ronald E. Finley, County Legislator
Body
WHEREAS, Robert WitbolsFeugen filed a complaint with the Jackson County OHRCC which was not resolved to his satisfaction; and,
WHEREAS, Mr. WitbolsFeugen also filed a lawsuit under the Missouri Open Meetings and Records Act against individual members and the Executive Director of OHRCC; and,
WHEREAS, in the lawsuit, the court found sunshine law violations but did not award attorney's fees; and,
WHEREAS, Mr. WitbolsFeugen did not appeal this judgment and is out of time for any other legal action on this suit; and,
WHEREAS, the Legislature desires to retain independent legal counsel to provide advice on this matter to assist the Legislature in determining whether the Legislature can change the OHRCC decision and provide Mr. WitbolsFeugen with funds to reimburse him for his attorney's fees; and,
WHEREAS, Donna M. Wilson of the law firm of Polsinelli, Shalton, & Welte is capable of providing such advice; and,
WHEREAS, the retention of Ms. Wilson for this purpose is in the best interests of the health, welfare, and safety of the citizens of Jackson County; now therefore,
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the Chair of the Legislature be and hereby is authorized to execute a contract for legal services with Donna M. Wilson, upon such terms and in such form as the County Counselor may approve, at a cost to the County not to exceed $5,000.00; and,
BE IT FURTHER RESOLVED that the Director of the Department of Finance be and hereby is authorized to make all payments including final payment on the contract.
Enacted and Approved
Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
APPROVED AS TO FORM:
____________________________ ______________________________
County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution # 14322 of September 16, 2002 was duly passed on ____________September 23___________________, 2002 by the Jackson County Legislature. The votes thereon were as follows:
Yeas ______5_________ Nays ______1________
Abstaining ____0_______ Absent _____3_______
________________________ _________________________________
Date Mary Jo Spino, Clerk of Legislature
Fiscal Note
There is a balance otherwise unencumbered to the credit of the appropriation to which the expenditure is chargeable and there is a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made each sufficient to provide for the obligation herein authorized.
ACCOUNT NUMBER: 001-0112-6020
ACCOUNT TITLE: Legislature As A Whole
Legal Services
NOT TO EXCEED: $5,000.00
________________________ __________________________________
Date Director of the Department of Finance