HomeMy WebLinkAboutResolutions - 1985.02.14 - 10997Miscellaneous Resolution 85034
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRMAN
RE: BOARD OF COMMISSIONERS - LEGAL SETTLEMENT -
METIVIER V. JOHN R. DI GIOVANNI
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, this case was dismissed with prejudice, but later overturned
by the Court of Appeals as being dismissed without prejudice, this 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 $53,000; and
WHEREAS, Corporation Counsel has been authorized to negotiate a
settlement of the jury verdict; and
WHEREAS, Corporation Counsel has reached a negotiated offer of
$44,000.
NOW THEREFORE BE IT RESOLVED that the Finance Committee finds
$44,000 available in the Provision For Pending Litigation Account for this purpose
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes
the offer of settlement of said suit in the amount of $44,000 provided said offer
is accepted by February 13, 1985 , by the parties, and payment of said amount
from Pending Litigation Account.
BE IT FURTHER RESOLVED that no further offers of settlement shall
be made by the Board of Commissioners in this matter.
Mr. Chairperson, on behalf of the Finance Committee, I move the
adoption of the foregoing resolution,
FINANCE„ COMMITTEE
DONALD F. SLAVIN
858-0554
KARL W. RANDALL
858-0555
/2
bhn R. DiGiovanni
COUNTY OF OAKLAND
DANIEL T. MURPHY, COUNTY ExscurivE
DEPARTMENT OF CORPORATION COUNSEL
JACK C. HAYS JOHN F. ROSS, JR.
DIRECTOR 8580558
858-0557
LINDA E. WASIELEWSR1
GORDON R. WYLLIE 858-0553
858-0555
AUTHORIZATION TO SETTLE
1, John R. DiGiovanni, being fully aware of my legal rights
and remedies, but being desirous of concluding the legal
action involving myself, currently extant in Macomb County,
authorize my attorney and/or Gordon R. Wyllie, Assistant
Corporation Counsel for Oakland County to settle said action
pursuant to the terms of the Oakland County Board of
Commissioners proposed Miscellaneous Resolution pertaining
thereto.
Dated:
February , 1985
1700 NORTH TELEGRAPH ROAD, PONTIAC, MICHIGAN 48053
#85034 February 14, 1985
Moved by Caddell supported by Lanni the resolution be-adopted,
AYES: Moffitt, Nelson, Price, Rewold, Skarritt, Webb, Wilcox, Caddell,
Doyon, Fortino, Gosling, R. Kuhn, Lanni, (13)
NAYS: McConnell, McPherson, Moore, Hassberger, Law, (5)
A sufficient majority not having voted therefor, the resolution failed.
Moved by Moore supported by Doyon the Board reconsider the vote on the resolution.
- AYES: McPherson, Moffitt, Moore, Nelson, Price, Rewold, Skarritt, Webb, Wilcox,
Caddell, Doyon, Gosling, Lanni, McConnell. (14)
NAYS: Hassberger, Richard Kuhn, Law. (3)
'A sufficient majority having voted therefor,'the motion carried.
Vote on resolution:
AYES: Moffitt, Moore, Nelson, Price, Rewold, Skarritt, Webb, Wilcox, Caddell,
Doyon, Fortino, Gosling, Lanni. (13)
NAYS: Hassberger, R. Kuhn, Law, McPherson. (4)
A sufficient majority NOT having voted therefor, the resolution was not adopted.