IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the County Counselor to settle the claim of James A. Barnard in the case of Barnard v. Jackson County, Missouri, No. 90-0988-CV-W-6, now pending in the United States District Court for the Western District of Missouri, for the total payment of $20,000.00.
Intro
RESOLUTION # 11211, March 11, 1996
INTRODUCED BY James D. Tindall, County Legislator
Body
WHEREAS, the case of James A. Barnard v. Jackson County, Missouri, No. 90-0988-CV- W-6, now pending in the United States District Court for the Western District of Missouri; and,
WHEREAS, in that case, Mr. Barnard, the County's former Legislative Auditor, alleges that his discharge by the County violated certain of his constitutional rights; and,
WHEREAS, after extensive litigation and recent settlement negotiations, the County Counselor now advises that Mr. Barnard's claims against the County and the individual defendants in this action can be settled for the total payment of $20,000.00, without admitting any wrongdoing, which would allow the County to avoid liability for additional fees of the private attorneys it has retained in this case, as well as other litigation expenses; and,
WHEREAS, it is in the best interest of the health, welfare, and safety of the citizens of Jackson County that this case be settled as outlined by the County Counselor; now therefore,
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the County Counselor be, and hereby is, authorized to settle the case of James A. Barnard v. Jackson County, No. 90-0988-CV-W-6, United States District Court for the Western District of Missouri, for a total payment not to exceed $20,000.00; and,
BE IT FURTHER RESOLVED that the Manager of the Division of Finance is authorized to issue his check in settlement of these charges, in an amount not to exceed $20,000.00, pursuant to the specific directions of the County Counselor.
Attorney
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 #11211 of March 11, 1996 was duly passed on __________March 11________________, 1996 by the Jackson County Legislature. The votes thereon were as follows:
Yeas ________8_________ Nays _______0______
Abstaining ______0_______ Absent ______1_______
______________________ ____________________________________
Date Mary Jo Brogoto, Clerk of Legislature
Fiscal Note
Funds sufficient for this expenditure are available from the source indicated below.
ACCOUNT NUMBER: 060 800 5160 6380
ACCOUNT TITLE: Self Insurance Fund
Self Insurance
Uninsured Claims
NOT TO EXCEED: $20,000.00
Date Manager, Division of Finance