File #: 21006    Version: 0 Name: William Stewart Settlement
Type: Resolution Status: Passed
File created: 7/11/2022 In control: County Legislature
On agenda: 7/11/2022 Final action: 7/11/2022
Title: A RESOLUTION authorizing the County Counselor to settle the claims of William Stewart, Sr., in the case styled William Stewart, Sr. v. Jackson County, Missouri, et al., now pending in the U.S. District Court for the Western District of Missouri, Case No. 4:21-cv-00735, for a total payment by the County of $13,000.00.
Sponsors: Charlie Franklin
Indexes: COUNTY COUNSELOR, DISTRICT COURT, SETTLEMENT OF CLAIM
Attachments: 1. 21006adopted.pdf

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

Title

A RESOLUTION authorizing the County Counselor to settle the claims of William Stewart, Sr., in the case styled William Stewart, Sr. v. Jackson County, Missouri, et al., now pending in the U.S. District Court for the Western District of Missouri, Case No. 4:21-cv-00735, for a total payment by the County of $13,000.00.

 

 

Intro

RESOLUTION NO. 21006, July 11, 2022

 

INTRODUCED BY Charlie Franklin, County Legislator

 

 

Body

 WHEREAS, William Stewart, Sr., filed a lawsuit styled William Stewart, Sr. v. Jackson County, Missouri, et al., No. 4:21-cv-00735, now pending in the U.S. District Court for the Western District of Missouri, seeking compensation for alleged violations of his constitutional rights while incarcerated in the Jackson County Detention Center; and,

 

WHEREAS, after a thorough investigation and negotiations, the County Counselor recommends a settlement in the amount of $13,000.00 to be paid by the County to William Stewart, Sr., and/or his attorney, Daniel L. Allen; 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 William Stewart, Sr., by the total payment of $13,000.00, 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 $13,000.00 in full and complete settlement of this claim, payable to William Stewart, Sr., and/or his attorney, Daniel L. Allen, 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. 21006 of July 11, 2022, was duly passed on July 11, 2022 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

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                     1101                     56380

ACCOUNT TITLE:                                          Self Insurance Fund

                                                                                    County Counselor

                                                                                    Uninsured Claimants

NOT TO EXCEED:                                          $13,000.00

 

 

_______________________                                                               _______________________________

Date                                                                                                                                                   Chief Administrative Officer