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HomeMy WebLinkAboutResolutions - 1986.04.17 - 10721MISCELLANEOUS RESOLUTION # 86o8 - April 17, 1986 BY: FINANCE COMMITTEE, DR. C. WILLIAM CADDELL, CHAIRPERSON IN RE: SHERIFF DEPARTMENT-LEGAL SERVICES FINAL SETTLEMENT-JUDY COOKSTON VS. OAKLAND COUNTY, et, al. TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen:. WHEREAS the Police Professional Liability Account (#10100-201-040) has been created to pay the deductable portioP of legal service invoices and insurance claims against the County; and WHEREAS a settlement has been reached in Judy Cookston vs. Oakland County, et. al, which included a $10,000 payment to the plaintiff, the payment being made by the County's carrier, Midland Insurance Company; and WHEREAS the County's policy with Midland contains a $15,000 per loss deductable, thus the insurance carrier has requested reimbursement for the $10,000 payment; and WHEREAS Corporation Counsel approved the settlement and the Insurance and Safety Division has reviewed the insurance policy and finds Midland's claim to be proper. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes payment of $10,000 from the Police Professional Liability Account (#10100-201-040) per the attached request, Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution, FINANCE COMMITTEE YE THE FOR • ING RESOLUT #8606 April 17, 1'2% 17.thday of /— -) • April 19 86- ALLEN County Clerk/Register of Deeds Moved by Caddell supported by Hassberger the resolution be adopted. AYES: McDonald, McPherson, Moffitt, Olsen, Page, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, Holland, Richard Kuhn, Lanni, Law, McConnell. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on April 17, l986: with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this SETTLEMENT AGREEMENT AND RELEAS For the sole consideration of(Ten Thousand/1$1 Dollars, paid to the undersigned, receipt of which i7 hereby acknowledged, and the executory in the second paragraph hereof, the undersigned does, for herself, her heirs, executors, adminstrators, successors, and assigns, hereby acquit, release, and forever discharge the County of Oavland, Kenneth Gay, the Oakland County Sheriff Department, their insurers, and their agents, promise set forth servants, employees, successors, officers, directors, commissioners, and all subsidiary bodies, in both individual and official capacities, of and from any and all claims, demands, actions, causes of action, rights, damages, costs, loss of services, expenses, and compensation whatsoever, which the undersigned may now have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen, bodily - and personal injuries and property damage or any consequences thereof which have resulted, or which may hereafter result in any fashion whatsoever from or during the undersigned's employment by the County of Oakland, and any and all of its subsidiary bodies, and from the termination of same, and from any alleged changes in the terms of said employment, and from any disciplinary actions taken in connection therewith, specifically including by way of illustration and not by way of limitation, any and all claims for employment discrimination, sexual Page 1 harassment, wrongful terminaton, constructive discharge, worker's compensation, breach of contract (whether express or implied), violations of civil rights, defamation, and any and all claims, transactions, events, or occurrences which were embodied, asserted, or could have been asserted in the action styled Judy Cookston vs. Oakland -County, Michigan, a municipal corporation, Oakland County Sheriff's Department, a political subdivision and Sgt. Kenneth Gay, Deputy Oakland County Sheriff, United States District Court, civil action number 85 CV70041DT. In further consideration of the foregoing release, the County of Oakland hereby covenants and agrees that it will respond to any inquiries by prospective future employers of Judy Cookston regarding her employment with the County of Oakland by providing only the dates of her employment and a statement to the effect that she was a satisfactory employee. It is understood and agreed by and between the parties hereto that the injuries and damages claimed •by the undersigned, and the legal liability therefor are disputed and denied, and that this agreement is made for the purpose of compromising and terminating all claims for injuries both known and unknown, and damages of whatsoever kind or nature, including all future developments thereof, in any way growing out of or connected with or which may hereafter in any way grow out of or be connected with the aforesaid acts, transactions, occurrences, and Page 2 further that the payment pursuant hereto is not to be construed as an admission of liability on the part of the parties hereby released, in this or any other action, and that said releasees intend merely to avoid litigation and buy their peace. It is further expressly understood and agreed that in consideration of the foregoing sum, the undersigned, for herself, and for her heirs, executors, administrators, successors, and assigns, does hereby agree to save, hold harmless, indemnify and defend. the County of Oakland, Oakland County Sheriff Department, Kenneth Gay, and their insurers, agents, servants, employees, successors, officers, directors, commissioners and all subsidiary bodies from and against any and all claims, losses, actions, causes of action, or other demands of whatsoever kind or nature which may be asserted against the aforesaid releasees by any person or entity, arising out of or in any manner whatsoever related to the acts, transactions, and •occurrences set forth in the first paragraph hereof, expressly including all costs, expenses, and attorney fees. The undersigned hereby acknowledges that the release set forth in the first paragraph hereof is a general release of all rights of action, and she expressly waives and assumes the risk of any and all claims for damages which exist as of this date, whether known or unknown, including unknown claims for damages which, if known, would Materially Page 3 affect her decision to enter into this release of all claims and indemnification agreement. The undersigned further agrees that her acceptance of payment of the sum specified -herein is a —complete —COMpromise of matters involving disputed issues of law and fact and she assumes the risk that the facts or the law may be othewise than she believes. It is understood by and between the parties hereto that of the entire consideration being paid pursuant to this release, $1.00 of said consideration is for the purpose of compromising the undersigned, Judy Cookston's claims for breach of contract, interference with contractual relations, back pay, future earnings, pension benefits, other fringe benefits, and all economic claims of whatsoever kind or nature. The remaining $9,999.00 of the total consideration is paid for the purpose of compromising the undersigned, Judy Cookston's claims for compensatory and exemplary damages for pain and suffering, emotional distress, humiliation, embarrassment, trauma, physical distress, and mental anguish. It is understood by and between the parties hereto that liability for all such damages is denied, pursuant to the third paragraph hereof. The undersigned declares and represents that no promise, inducement, or agreement not herein expressed has been made to her, and that this release of all claims and indemnification agreement contains the entire agreement between the parties hereto, and that the terms of this Page 4 release are contractual and not a mere recital. It is further agreed by and between the parties hereto that this release of all claims and indemnification agreement shall be -binding upon and 'inure —to—the benefit of the executors, administrators, personal representatives, assigns, and successors in interest of each. The undersigned represents and declares that she has read the foregoing release of all claims and indemnification agreement, and informed herself of its meaning,. with the assistance of her counsel, and that the terms of this release of all claims and indemnification agreement are fully understood and voluntarily accepted by her The undersigned agrees to execute all supplementary documents and to take all supplementary steps to give full force and effect to the basic terms and intent of this release of all claims and indemnification agreement, and to execute any document not, inconsistent with the basic terms of this agreement, specifically including all appropriate stipulations for dismissal with prejudice and without costs of all aspects of the United States District Court civil action more fully described in the first paragraph hereof. IN WITNESS WHEREOF the undersigned has caused the within agreement to be executed this day of , 2.986 . Page 5 By: Marvin R. Smith P31393 Attorney for Plaintiff HATCHETT, DEWALT, HATCHETT & HALL STATE OF MICHIGAN) ) SS COUNTY OF WAYNE ) On this ,241-44 day of (L-'-=,gX"YJ , 1986 before me personally apeared Judy Cookston, known to me to be the person described in the within instrument and who executed the foregoing instrument and acknowledged that she voluntarily executed the same as her own free act and deed and for the sole consideration therein set forth. Notary,Publici// County, Michigan My Commission Expires: VIA/ COUNTY v OAKLAND ./ By: ,2-ts Authorized Representative /JACK C. HAYS, • Oakland County Corporation Counsel Subscribed and sworn 6t6 before me • this 31st day of January , 1986 • • „../ kA (/-4 re-cr,/%' - / Notary Public, ELAINE G. McCRACKEN Oakland County, Michigan . My Commission Expires: 8/8/87 Page 6 - I TYLER & THAYER, P.C. By Michel J. piker P31093 Attokneys r Defendant, County of Oakland, Oakland County Sheriff Department, and Kenneth Gay Page 7