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A RESOLUTION authorizing the County Counselor to settle the case of Fair-Kincaid v. Circuit Court of Jackson County, No. 97-0205-CV-W-3, now pending in the United States District Court for the Western District of Missouri for a total payment of $32,500.00.
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CIRCUIT COURT, DISTRICT COURT
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IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the County Counselor to settle the case of Fair-Kincaid v. Circuit Court of Jackson County, No. 97-0205-CV-W-3, now pending in the United States District Court for the Western District of Missouri for a total payment of $32,500.00.
Intro
RESOLUTION # 12162, April 6, 1998
INTRODUCED BY Victor E. Callahan, County Legislator
Body
WHEREAS, there is now pending in the United States District Court for the Western District of Missouri the case of Fair-Kincaid v. Circuit Court of Jackson County, No. 97-0205-CV-W-3 ; and,
WHEREAS, in this case, Roosevelt Fair-Kincaid, a former employee of the circuit court's Family Court Division, alleges that the circumstances under which his employment with the Family Count was terminated constituted violations of Title VII of the Civil Rights Act of 1964 and of the Family and Medical Leave Act; and,
WHEREAS, after extensive research, investigation, and pretrial discovery and other proceedings, the County Counselor now recommends that the case be settled for the total payment of $32,500.00, representing back pay, compensatory damages, and attorneys' fees; and,
WHEREAS, settlement as recommended 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 County Counselor be and hereby is authorized to settle the case of Fair-Kincaid v. Circuit Court of Jackson County, along the terms outlined; and,
BE IT FURTHER RESOLVED that the County Counselor be and hereby is authorized to execute any documents necessary to effectuate the settlement; and,
BE IT FURTHER RESOLVED that the Director of the Department of Finance be and hereby is authorized to issue checks totalling $32,500.00 in settlement of this case, pursuant to the specific direction 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 #12162 of April 6, 1998 was duly passed on ___________April 6_______________, 1998 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: $32,500.00
Date Director of the Department of Finance