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