IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION approving the settlement for the claim of Brittany Simek v. County of Jackson, Missouri Case No. 4:24-CV-00457-DGK, for a total payment by the County of $250,000.00.
Intro
RESOLUTION NO. 21958, June 30, 2025
INTRODUCED BY DaRon McGee, 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, there was a claim against the County arising from an incident involving a Jackson County Sheriff’s Deputy and Brittany Simek that occurred several years ago, the event sparked a federal court filling involving Jackson County and said Plaintiff regarding practices involving Jackson County employees; and,
WHEREAS, after a thorough investigation, the County Counselor recommends a settlement in the amount of $250,000.00, to be paid by the County to attorneys of record, the Law Offices of David R. Smith of Kansas City, MO and Yonke Law of Kansas City, MO; and,
WHEREAS, the proposed settlement will limit the County’s financial obligation in this matter and is in the best interests 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 claim by the total payment of $250,000.00, in full, final, and complete release of all of its 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 a check in the amount totaling $250,000.00 in full and complete settlement of this claim, payable to the Law Offices of David R. Smith of Kansas City, MO and Yonke Law of Kansas City, MO; and.
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 No. 21958 of June 30, 2025, was duly passed on June 30, 2025 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 1101 56380
ACCOUNT TITLE: Self Insurance Fund
County Counselor
Legal Liability Claims
NOT TO EXCEED: $250,000.00
_______________________ _______________________________
Date Chief Administrative Officer