IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the County Counselor to settle employment related claims of Daniel Miller, for a total payment by the County of $70,000.00.
Intro
RESOLUTION #17017, September 28, 2009
INTRODUCED BY Scott Burnett, County Legislator
Body
WHEREAS, Daniel Miller has filed a Charge of Discrimination currently pending before the Missouri Commission on Human Rights, Charge No. E-04/09-34914, and the U.S. Equal Employment Opportunity Commission, Charge No. 28E-2009-00979C; and,
WHEREAS, after a thorough investigation and negotiations, the County Counselor and special counsel recommend a mutual settlement, whereunder Daniel Miller will resign his employment with the County and withdraw his MCHR complaint and his EEOC complaint, and the County will pay the amount of $70,000.00 in full resolution of all claims, issues, and costs, to Daniel Miller and the Law Offices of Mark A. Jess, L.L.C., counsel for Daniel Miller; and,
WHEREAS, the proposed settlement is in the best interest of the health, safety and welfare of the citizens of Jackson County; 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 claims of Daniel Miller by the total payment of $70,000.00, in full, final and complete release of all of the claims against the County and all of its employees, officers, agents and servants as to any damages incurred; and,
BE IT FURTHER RESOLVED that the County Counselor be and hereby is authorized to execute any and all documents necessary to effect this settlement; and,
BE IT FURTHER RESOLVED that the Director of Finance and Purchasing be and hereby is authorized to issue checks in an amount totaling $70,000.00, in full and complete settlement of this claim, pursuant to the specific direction of the County Counselor.
Enacted and Approved
Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
APPROVED AS TO FORM:
________________________________ _______________________________
Deputy/Assistant County Counselor County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution #17017 of September 28, 2009, was duly passed on September 28, 2009 by the Jackson County Legislature. The votes thereon were as follows:
Yeas __________9__________ Nays ________0___________
Abstaining ______0________ Absent _______0__________
_______________________ ________________________________
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 56380
ACCOUNT TITLE: Self Insurance Fund
Non-Departmental
Uninsured Claimants
NOT TO EXCEED: $70,000.00
_______________________ _________________________________
Date Director of Finance and Purchasing