IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION transferring $544,155.00 within the 2023 General Fund and authorizing the settlement of the claims of Latasha Wagner and Jarmar Harris, the parents of Marquis Wagner, in the case styled Latasha Wagner et al v. Advanced Correctional et al, No. 2216-CV27410, now pending in Circuit Court of Jackson County, Missouri, for a total payment by the County of $1,200,000.00.
Intro
RESOLUTION NO. 21504, December 11, 2023
INTRODUCED BY DaRon McGee, County Legislator
Body
WHEREAS, Latasha Wagner and Jarmar Harris have filed a lawsuit styled Latasha Wagner et al v. Advanced Correctional et al, No. 2216-CV27410, now pending in the Circuit Court of Jackson County, Missouri, seeking damages for the alleged wrongful death of their son Marquis Wagner; and,
WHEREAS, after a thorough investigation, the County Counselor recommends a settlement in the amount of $1,200,000.00, to be paid by the County to the parents of Marquis Wagner and/or their attorneys of record, the Turner & Sweeny Law Firm of Kansas City, MO, The Popham Law Firm, PC of Kansas City, MO and John Anthony Picerno Law Firm 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, Missouri that the following transfer be and hereby is made:
DEPARTMENT/DIVISION CHARACTER/DESCRIPTION FROM TO
General Fund
Contingency State Mandated 3%
001-8003 56830- Contingency $544,155
General Fund
County Counselor
001-1101 56770- Legal Liability Claims $544,155
and,
BE IT FURTHER RESOLVED by the County Legislature of Jackson County, Missouri, that the County Counselor be and hereby is authorized to settle the claim of Latasha Wagner and Jarmar Harris in the case styled Latasha Wagner et al v. Advanced Correctional et al, No. 2216-CV27410, now pending in the Circuit Court of Jackson County, Missouri, by the total payment of $1,200,000.00, in full, final, and complete release of all of their 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 the amount totaling $1,200,000.00 in full and complete settlement of this claim, payable to the parents of Marquis Wagner, Latasha Wagner and Jarmar Harris and/or the Turner & Sweeny Law Firm of Kansas City, MO, the Popham Law Firm, PC of Kansas City, MO, or John Anthony Picerno Law Firm of Kansas City, MO.
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. 21504 of December 11, 2023, was duly passed on December 11, 2023 by the Jackson County Legislature. The votes thereon were as follows:
Yeas________8__________ Nays_______0__________
Abstaining_____1_________ Absent______0__________
____________________ _______________________________
Date Mary Jo Spino, Clerk of Legislature
Fiscal Note
Funds sufficient for this transfer are available from the source indicated below.
ACCOUNT NUMBER: 001 8003 56830
ACCOUNT TITLE: General Fund
Contingency State Mandated 3%
Contingency
NOT TO EXCEED: $544,155.00
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: 001 1101 56380
ACCOUNT TITLE: General Fund
County Counselor
Legal Liability Claims
NOT TO EXCEED: $544,155.00
ACCOUNT NUMBER: 060 1101 56380
ACCOUNT TITLE: Self Insurance Fund
County Counselor
Legal Liability Claims
NOT TO EXCEED: $655,845.00
_______________________ _______________________________
Date Chief Administrative Officer