File #: 16396    Version: 0 Name: Thor Danielsen v. Jackson County settlement
Type: Resolution Status: Passed
File created: 9/4/2007 In control: County Legislature
On agenda: Final action: 9/4/2007
Title: A RESOLUTION authorizing the settlement of the lawsuit styled Thor Danielsen v. Jackson County no. 0516-CV-33323, now pending in the Circuit Court of Jackson County, and authorizing the Director of the Department of Finance and Purchasing to make total payments in an amount not to exceed $95,962.50.
Sponsors: Dan Tarwater III
Indexes: SETTLEMENT OF CLAIM

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

Title

A RESOLUTION authorizing the settlement of the lawsuit styled Thor Danielsen v. Jackson County no. 0516-CV-33323, now pending in the Circuit Court of Jackson County, and authorizing the Director of the Department of Finance and Purchasing to make total payments in an amount not to exceed $95,962.50.

 

 

Intro

RESOLUTION # 16396,   September 4, 2007

 

INTRODUCED BY Dan Tarwater, County Legislator

 

 

Body

WHEREAS, section 1606.1(3), Jackson County Code, 1984, authorizes the settlement of claims in excess of $5,000.00 upon recommendation of the County Counselor, by Resolution of the Legislature; and,

 

WHEREAS, former county employee Thor Danielsen has made a claim against the County and certain of its officers and employees for alleged employment discrimination in a lawsuit styled Thor Danielsen v. Jackson County, no. 0516-CV-33323, now pending in the Circuit Court of Jackson County; and,

 

WHEREAS, the County Counselor has recommended that the lawsuit be settled for payments totalling $95,962.50; and,

 

WHEREAS, the recommended settlement 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 Legislature hereby does authorize the County Counselor to settle the lawsuit for payments totalling $95,962.50, to Mr. Danielsen, his attorneys Kirk Holman and Anne Schiavone, and mediator Sylvester James, Jr.; and,

 

BE IT FURTHER RESOLVED that the Director of the Department of Finance and Purchasing be and hereby is authorized to make all payments required by this Resolution pursuant to the specific direction of the County Counselor; and,

 

BE IT FURTHER RESOLVED that the County Counselor and any other County officials be and hereby are authorized to execute any and all other documents necessary to give full legal effect to this Resolution.

 

 

Enacted and Approved

Effective Date:  This Resolution shall be effective immediately upon its passage by a majority of the Legislature.

 

APPROVED AS TO FORM:

 

 

______________________________                                            _____________________________

 Chief Deputy County Counselor                                                                County Counselor

 

Certificate of Passage

 

                     I hereby certify that the attached resolution, Resolution #16396 of September  4, 2007,  was duly passed on September 4, 2007 by the Jackson County Legislature.  The votes thereon were as follows:

 

 

                     Yeas _______8__________                     Nays ______0_______

 

                     Abstaining ______0_______                     Absent _____1_______

 

 

______________________                       _____________________________________

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:                     060-5160-6380

     

ACCOUNT TITLE:                                          Self Insurance Fund

                                                                                    Non-Departmental - Self Insurance

                                                                                    Uninsured Claimants

                                                                                    

NOT TO EXCEED:                                          $95,962.50

 

 

 

 

 

________________________                                          __________________________________

Date                                                                                                                              Director of the Department of Finance