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HomeMy WebLinkAboutResolutions - 1985.02.14 - 10996MISCELLANEOUS RESOLUTION # 85033 BY FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRMAN IN RE: BOARD OF COMMISSIONERS-LEGAL FEES-METIVIER V. JOHN R. DIGIOVANNI TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, 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 Act No. 508 of the Public Acts of 1978 requires that the Board of Commissioners shall employ an attorney to represent Elected County Officers in court in cases which involve an official act or duty of the County Official; 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 $53,000; and WHEREAS to date $9,692 has been appropriated for legal fees in said case consistent with the attached schedule; and WHEREAS final legal fees in the amount of $8,376.80 have been submitted to the County; and WHEREAS Corporation Counsel finds the attorney fees charged to be reasonable for services rendered and recommends payment in the amount of $8,376.80. NOW THEREFORE BE IT RESOLVED that the Finance Committee finds $8,377 available in the 1985 Contingency Account for this purpose. BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $8,377, as the final billing, from the 1985 Contingency Account and transfers said amount to the Board of Commissioners Budget as follows: 909-01-00-9900 Contingency $(8,377) 511-02-00-3456 Legal Expense 8,377 -0- Mr. Chairman, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE DATE 3/9/81 12/8/83 TOTAL Resolution No. 81004 83350 Appropriation $5,887.70 3,803.50 $9,691.20 SCHEDULE METIVIER V. JOHN R. DiGIOVANNI SCHEDULE OF LEGAL FEES #85033 February 14, 1985 Moved by Caddell supported by Lanni the resolution be adopted, AYES: Law, McConnell, Moffitt, Moore, Nelson, Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Doyon, Fortino, Gosling, Hassberger, R. Kuhn, Lanni. (17) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 85033 adopted by the Oakland County Board of Commissioners at their meeting held on February 14, 1985 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 14th day of Fe. uarY 985 ALL Counfry Clerk/Register of Deeds this