HomeMy WebLinkAboutResolutions - 1986.05.08 - 10754A1-)PPOVE0 AS 1" 0 FORM //:::/
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By: Y/APPROVE 1-1-1 FOREGOING RESOLUTION'- / L /
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Cian'101 T. Murpq, County gxecut ,,-;,6
MISCELLANEOUS RESOLUTION # 86122 May 8, 1986
BY: FINANCE COMMITTEE, G. WILLIAM CADDELL, CHAIRPERSON
IN RE: CORPORATION COUNSEL - LEGAL SETTLEMENT - METIVIER VS. JOHN R. DIGIOVANNI
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS,
MR. CHAIRPERSON, LADIES AND GENTLEMEN:
WHEREAS former Commissioner John R. DiGiovanni found it necessary to
defend himself by virtue of his office in a court suit; and
WHEREAS this case was dismissed with prejudice, but later overturned
by the Court of Appeals as being dismissed without prejudice, thus allowing
the plaintiff to refile said claim; and
WHEREAS plaintiff refiled case in the Macomb County Circuit Court; and
WHEREAS a settlement by jury verdict has been reached against Mr. DiGiovanni
in the amount of $35,000 plus interest and taxable costs for an estimated total
of $62,000; and
WHEREAS the County of Oakland has been joined as garnishee/defendant by
the plaintiff; and
WHEREAS the Court took testimony and briefs have been submitted; and
WHEREAS the County could be found liable as garnishee/defendant for
the Judgment, interest and taxable costs; and
WHEREAS Corporation Counsel has been authorized to negotiate a settle-
ment of the jury verdict; and
WHEREAS Corporation Counsel has reached a negotiated offer of $44,000.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes
the offer of settlement of said suit in the amount of $44,000 provided that
releases and dismissals are obtained for the protection of former Commissioner
John R. DiGiovanni and Oakland County.
BE IT FURTHER RESOLVED that the Finance Committee finds $44,000 available
in the Appropriation Reserved for Transfer-Insurance and Surety Bonds Account
for this purpose said funds to be transferred as follows:
909-01-00-9104 Appropriation Reserved for Transfer- ($44,000)
Insurance and Surety Bonds
901-01-00-91u4 uLner county Operations- 44,000
Insurance and Surety Bonds
Mr. Chairperson, on .behalf of the Finance Committee, 1 move the adoption
of the foregoing resolution.
FINANCE COMMITTEE
-0-
tk •._ALLEN *
#86122 May 8, 1986
Moved by Caddell supported by Lanni the resolution be adopted.
AYES: S. Kuhn, Lanni, McConnell, McDonald, Moffitt, Nelson, Pernick, Rewold,
Rowland, Skarritt, Webb, Caddell, Calandro, Doyon, Gosling, Hobart, R. Kuhn. (17)
NAYS: Law, McPherson, Aaron, Hassberger. (4)
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
Miscellaneous Resolution #86122 adopted by the Oakland County Board of
Commissioners at their meeting held on May 8, 1986
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 8th day of ,0( ) 19 86
County Clerk/Register of Deeds