HomeMy WebLinkAboutAUTHORIZING THE SETTLEMENT OF ALL CLAIMS RELATED TO WILLIAM L DOCHER V AUGUSTA GA �soLU�rioN
RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS
RELATED TO WILLIAM L. DOCHER V. AUGUSTA, GEORGIA,
RICHMOND COUNTY SUPERIOR COURT CIVIL ACTION 2008-RCCV-
45 IN THE AGGREGATE AMOUNT OF TWO THOUSAND TWO
HUNDRED FIFTY DOLLARS ($2,250.00); AUTHORiZING THE
COUNTY ADMINISTRATOR TO DISBURSE THE AMOUNT OF TWO
THOUSAND TWO HUNDRED FIFTY DOLLARS ($2,250.00); WAIVING
AUGUSTA, GEORGIA CODE OF ORDINANCES SECTIONS IN
CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER
PURPOSES.
WHEREAS, On or about January 7, 2008, Plaintiff William L. Docher ("Plaintiff') filed
his Complaint for Declaratory and Injunctive Relief in Richmond County Superior Court Civil
Action 2008-RCCV-45, alleged a violation of the Georgia's Open Records Act, O.C.G.A. § 50-
18-70 et seq., and sought reasonable attorney's fees and other litigation expenses; and
WHEREAS, the government of Augusta, Georgia, and its officers, employees, and agents
deny any violation of O.C.G.A. § 50-18-70 et seq. or other law as alleged by Plaintiff or
otherwise and contend that Plaintiffs Complaint was filed without substantial justification; and
WHEREAS, The parties engaged in discovery and filed cross motions for summary
judgment which remain pending before the Court; and
WHEREAS, on or about September 29, 2010, the Court appointed a Special Master to
said civil action pursuant to Ur►iform Superior Court Rule 46(Gx2); and
WHEREAS, Plaintiff has agreed to settle all claims against Augusta, Georgia for the sum
of Two Thousand Two Hundred Fifty Dollars ($2,254.00); and
WHEREAS, It is in the best interests of Augusta, Georgia to resolve this matter and pay
the amount of Two Thousand Two Hundred Fifly Dollars ($2,250.00) to Claimant to settle ail
claims of Plaintiff against Augusta, Georgia, arising out of the alleged facts; and
WHEREAS, Augusta, Georgia acknowledges that the payment set forth herein does not
constitute any admission of liability on the part of Augusta, Georgia, its a�cers, employees and
agents, and liability is expressly denied;
NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia Commission,
Section 1: The Augusta, Georgia Commission will settle the claims of William L.
Docher for the sum of Two Thousand Two Hundred Fifty Dollars
($2,250.00).
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Settlement Resolution
Page 2 of 2
Section 2: The County Administrator is authorized to pay a total sum of Two
Thousand Two Hundred Fifty Dollars ($2,250.00) to William L. Docher at
the direction of the Commission and payment shall be in the form of a
check payable to "WILLIAM L. DOCHER."
Section 3 : To the extent that any section of the AUGUSTA, GA . CODE ls lIl COAfl1Ct
herewith, that subsection is waived for this instance only.
Adopted this � o�day of O c T n��/� , 2011.
C.Q- ��4' .
f��� David S. Copenhaver
�� As its Mayor
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Attest: �;'^�,�
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Lena J. Bonner lerk of �vr�c�iss' ��� ��,�
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Seal: ����,�',� o . ° �'�
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CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
fore i� R soludon was duly adopted by the Augusta, Georgia Commission
on . , 2011 and that such Resolution has not been modified or rescinded as
of the date he f and the undersigned further certifies that attached hereto is a true copy of the
Resolution which was approved and adopted in the foregoing meeting(s).
Lena J. Bonne C erk of Commission
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