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File #: 19851    Version: 0 Name:
Type: Resolution Status: Passed
File created: 4/30/2018 In control: County Legislature
On agenda: 4/30/2018 Final action: 4/30/2018
Title: A RESOLUTION approving the settlement by the County Counselor of the claims of the heirs and/or estate of Richard Degraffenreid related to alleged negligent acts within the Jackson County Detention Center, for a total payment by the County of $150,000.00.
Indexes: SETTLEMENT OF CLAIM
Attachments: 1. 19851adopt.pdf

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

Title

A RESOLUTION approving the settlement by the County Counselor of the claims of the heirs and/or estate of Richard Degraffenreid related to alleged negligent acts within the Jackson County Detention Center, for a total payment by the County of $150,000.00.

 

 

Intro

RESOLUTION NO. 19851, April 30, 2018

 

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, the estate and/or heirs of Richard Degraffenreid have 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 $150,000.00 to be paid by the County to the heirs and/or estate of Richard Degraffenreid, and attorney John Picerno; and,

 

WHEREAS, the proposed settlement will limit the County’s potential 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 the heirs and/or estate of Richard Degraffenreid, by the total payment of $150,000.00, 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 Department of Finance and Purchasing be and hereby is authorized to issue a check or checks in an amount totaling $150,000.00 in full and complete settlement of this claim, payable to the heirs and/or estate of Richard Degraffenreid, and attorney John Picerno, pursuant to the specific direction of the County Counselor regarding specific names of payees and specific amounts.

 

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. 19851 of April 30, 2018, was duly passed on April 30, 2018 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:                                          $150,000.00

 

 

_______________________                                                               _______________________________

Date                                                                                                                                                   Chief Administrative Officer