HomeMy WebLinkAboutResolutions - 1983.11.02 - 11706November 3, 198
MISCELLANEOUS RESOLUTION 83306
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: PAYMENT OF PUNITIVE DAMAGES ASSESSED AGAINST CERTAIN SHERIFF DEPUTIES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, ladies and Gentlemen:
WHEREAS three (3) Oakland County Sheriff Deputies were defendants in a
lawsuit for damages for false arrest and false imprisonment; and
WHEREAS final judgement awarded to the plaintiffs against the defendants
granted August 12, 1982 totaled $165,000; $135,000 assessed against the
defendants as actual damages paid from the County's insurance carrier and
$30,000 or $10,000 per deputy for individual punitive damages which has not
been paid to the plaintiffs; and
WHEREAS the County Executive has reviewed the judgement award and recommends
said funds be paid by the County and that the County immediately pursue collection
of said award from its insurance carrier under the law enforcement liability
coverage policy; and
WHEREAS the unpaid judgement amount totals $10,000 per deputy plus $4,000 in
interest or a total of $14,000 per deputy or $42,000 if payment is received on or
before December 1, 1983.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes pay-
ment in the amount of $42,000 which represents payment of individual punitive
damages as a result of judgement against said Sheriff Deputies.
BE IT FURTHER RESOLVED that the Board of Commissioners directs the Department
of Central Services through its Division of Insurance and Safety to pursue collec-
tion of said judgement through the County's insurance carrier, National Sheriff
Association-Police Professional Liability Section-who provides the County with
Police Professional Liability.
BE IT FURTHER RESOLVED that the Board of Commissioners directs the Office of
Corporation Counsel to prepare the necessary documents to immediately proceed
with any legal action against the National Sheriff Association upon denial of
said claim.
BE IT FURTHER RESOLVED that pursuant to Rule XI-C of this Board, the Finance
Committee finds $42,000 available in the Law Enforcement Liability Reserve and
directs the Corporation Counsel to settle said issue with the defendants of this
case with a settlement of $42,000 payable according to said judgement.
let 1. Murphy'Cditty Exu7 Date
BE IT FURTHER RESOLVED that as a condition precedent to the payment
of the $42,000.00, Deputies William R. Wiles, Douglas J. Lindsay and Michael
Odette shall grant to the County of Oakland subrogation of their rights and
shall execute such documents as are necessary.
BE IT FURTHER RESOLVED that the Office of Corporation Counsel report
back to the Finance Committee upon any further action necessary against the
County insurance carrier.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption
of the foregoing resolution.
FINANCE COMMITTEE
I HERE/0 APPROVE THE FOREG21NG IESOLUTION
3rd day o Novem er 19 83
0. ALLEN
#83306 November 3, 1983
Moved by Page supported by Richard Kuhn the resolution be adopted.
AYES: Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson,
Page, Perinoff, Pernick, Price, Rewold, Wilcox, Aaron, Calandro, Doyon, Foley, Fortino,
Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn. (24)
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
Miscellaneous Resolution #83306 adopted by the Oakland County Board of Commissioners
at their meeting held on November 3, 1983
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
County Clerk/Register of Deeds