File #: 19807    Version: 0 Name: tfr Legal Counsel class action Detention Center
Type: Resolution Status: Passed
File created: 3/29/2018 In control: Finance and Audit Committee
On agenda: 4/2/2018 Final action: 4/9/2018
Title: A RESOLUTION transferring $148,000.00 within the 2018 General Fund and $52,000.00 within the 2018 Health Fund to cover the cost of outside legal counsel to represent the County and individual defendants in pending class action litigation relating to the Jackson County Detention Center.
Sponsors: Dennis Waits
Indexes: GENERAL FUND, HEALTH FUND, TRANSFERRING
Attachments: 1. 19807bu.pdf, 2. 19807adopt.pdf
Related files: 5062

                     IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

 

Title

A RESOLUTION transferring $148,000.00 within the 2018 General Fund and $52,000.00 within the 2018 Health Fund to cover the cost of outside legal counsel to represent the County and individual defendants in pending class action litigation relating to the Jackson County Detention Center.

 

 

Intro

RESOLUTION NO. 19807, April 2, 2018

 

INTRODUCED BY Dennis Waits, County Legislator

 

Body

 WHEREAS, the County Counselor’s Office desires to retain expert outside legal counsel to represent the County and individual defendants in pending class action litigation relating to the Jackson County Detention Center; and,

 

WHEREAS, a transfer is needed to place the funds for this service in the proper spending accounts; and,

 

WHEREAS, by Ordinance 5062, dated December 6, 2017, the Legislature did establish certain Reserve Accounts for certain budget lines within the 2018 County budget; and,

 

WHEREAS, certain funds appropriated in such Reserve Accounts within the 2018  General and Health Funds are needed to provide funds necessary retain expert outside counsel; and,

 

WHEREAS, there are numerous disputes between the County Executive and the Legislature regarding the validity of Ordinance 5062, relating to its construction and interpretation, and multiple related issues; and,

 

WHEREAS, the Chief Administrative Officer has recommended the adoption of this Resolution, without waiving any previous position taken in reliance upon the memorandum of the County Counselor dated December 22, 2017, regarding Ordinance 5062, and without waiving any position taken in reliance upon other legal memorandums provided by the Office of the County Counselor; and,

 

WHEREAS, the Legislature recognizes that funds identified as Reserve Funds in the adopted 2018 budget within the General and Health Funds are needed to provide funds necessary to retain outside counsel; and,

 

WHEREAS, the Chief Administrative Officer has requested that the funds identified in this Resolution be made available for such use by the County Counselor’s Office within the 2018 budget; and,

 

WHEREAS the Legislature agrees that funds described in this Resolution should be made available for such use by posting to certain budget line items in the General and Health Funds  budget; now therefore,

 

BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the following transfers or equivalent documentation/identification, to accomplish posting of the funds in the budget management system so that the funds are available for immediate use and expenditure within the 2018 budget, be and hereby are authorized:

 

DEPARTMENT/DIVISION                                          CHARACTER/DESCRIPTION                      FROM                      TO 

General Fund

Reserve

001-8006                                                                                    56835 - Reserve - Operating                     $148,000

Non-Departmental

001-5101                                                                                    56020 -- Legal Services                                                                     $148,000

 

Health Fund

Reserve

002-8006                                                                                           56835 - Reserve- Operating        $52,000

Non-Departmental                                                               

002-5102                                                                                    56020 - Legal Services                                                                     $52,000

 

 

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. 19807 of April 2, 2018, was duly passed on Appril 9, 2018 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

Funds sufficient for the above-described transfer or equivalent documentation and/or identification to accomplish posting of the funds in the Jackson County Budget management system so that the funds are available for immediate use and expenditure are available in the source indicated below.

 

ACCOUNT NUMBER:                     001                     8006                     56835

ACCOUNT TITLE:                                          General Fund

                                                                                    Reserve

                                                                                    Reserve - Operating                                                               

NOT TO EXCEED:                                          $148,000.00

 

ACCOUNT NUMBER:                     002                     8006                     56835

ACCOUNT TITLE:                                          Health Fund

                                                                                    Reserve

                                                                                    Reserve - Operating                                                               

NOT TO EXCEED:                                          $52,000.00

 

 

 

 

________________________                                          _________________________________

Date                                                                                                                              Chief Administrative Officer