IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION approving the settlement by the County Counselor of the claims of L. M., related to alleged negligent acts within the Jackson County Detention Center, for a total payment by the County of $275,000.00.
Intro
RESOLUTION NO. 19363, January 23, 2017
INTRODUCED BY Scott Burnett, 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, L.M. has made a claim against the County for alleged negligent acts within the Jackson County Detention Center; and,
WHEREAS, after a thorough investigation and negotiations, the County Counselor recommends a settlement in the amount of $275,000.00 to be paid by the County to L.M. and/or attorney Steven A. Ediger; 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 claims of L.M., by the total payment of $275,000.00, 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 a check or checks in an amount totaling $275,000.00 in full and complete settlement of this claim, payable to L.M. and/or attorney, Steven A. Ediger, 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:
___________________________ _______________________________
Chief Deputy County Counselor County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution No. 19363 of January 23, 2017, was duly passed on January 23, 2017 by the Jackson County Legislature. The votes thereon were as follows:
Yeas_________6_________ Nays_________0_________
Abstaining______0________ Absent________3________
____________________ _______________________________
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: $275,000.00
_______________________ _______________________________
Date Chief Financial Officer