IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION transferring $4,682,356.00 with the 2022 General Fund and authorizing the County Counselor to settle the claims of Douglas Caster, in the case styled Douglas Caster v. Jackson County, Missouri, et al., now pending in the Missouri Court of Appeals, Western District, for a total payment by the County of $5,300,000.00.
Intro
RESOLUTION NO. 21123, December 5, 2022
INTRODUCED BY Charlie Franklin, County Legislator
Body
WHEREAS, Douglas Caster, filed a lawsuit styled Douglas v. Jackson County, Missouri, et al., No. WD85736, now pending in the Missouri Court of Appeals, Western District, after a jury verdict at trial in his favor, seeking compensation for claims arising out of his employment with the Jackson County Sherriff’s Office; and,
WHEREAS, after a thorough investigation and negotiations, the County Counselor recommends a settlement in the amount of $5,300,000.00 to be paid by the County to Douglas Caster, and/or his attorney’s firm, Popham Law Firm, P.C., in two installments, $2,550,000.00 in 2022 and $2,750,000.00 in 2023; 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; and,
WHEREAS, in order to fund the settlement, a transfer is necessary; now therefore,
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the following transfer be and hereby is made:
|
DEPARTMENT/DIVISION |
CHARACTER/DESCRIPTION |
FROM |
TO |
|
General Fund |
|
|
|
|
Contingency - State Mandated 3% |
|
|
|
|
001-8003 |
56830 - Contingency |
$3,983,839 |
|
|
|
|
|
|
|
Prosecuting Attorney |
|
|
|
|
001-4101 |
55010 - Regular Salaries |
$158,622 |
|
|
|
|
|
|
|
Corrections |
|
|
|
|
001-2701 |
55010 - Regular Salaries |
$539,895 |
|
|
|
|
|
|
|
County Counselor |
|
|
|
|
001-1101 |
56380 - Legal Liability Claims |
|
$4,682,356 |
and,
BE IT FURTHER RESOLVED that the County Counselor be and hereby is authorized to settle the claims of Douglas Caster, by the total payment of $5,300,000.00, in two installments, $2,550,000.00 in 2022, and $2,750,000.00 in 2023, 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 $5,300,000.00 in full and complete settlement of this claim, payable to Douglas Caster, and/or his attorney’s firm, Popham Law Firm, P.C., 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. 21123 of December 5, 2022, was duly passed on December 5, 2022 by the Jackson County Legislature. The votes thereon were as follows:
Yeas_______6___________ Nays_______2___________
Abstaining______0________ Absent______1__________
____________________ _______________________________
Date Mary Jo Spino, Clerk of Legislature
Fiscal Note
Funds sufficient for this transfer are available from the sources indicated below.
ACCOUNT NUMBER: 001 8003 56830
ACCOUNT TITLE: General Fund
Contingency - State Mandated 3%
Contingency
NOT TO EXCEED: $3,983,839.00
ACCOUNT NUMBER: 001 4101 55010
ACCOUNT TITLE: General Fund
Prosecuting Attorney
Regular Salaries
NOT TO EXCEED: $158,622.00
ACCOUNT NUMBER: 001 2701 55010
ACCOUNT TITLE: General Fund
Corrections
Regular Salaries
NOT TO EXCEED: $539,895.00
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: 001 1101 56380
ACCOUNT TITLE: General Fund
County Counselor
Legal Liability Claims
NOT TO EXCEED: $4,682,356.00
ACCOUNT NUMBER: 060 1101 56380
ACCOUNT TITLE: Self-Insurance Fund
County Counselor
Legal Liability Claims
NOT TO EXCEED: $617,644.00
_______________________ _______________________________
Date Chief Administrative Officer