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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). 1 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 1 ��� l� Attest: �;'^�,� ��� - �� ;���� � Lena J. Bonner lerk of �vr�c�iss' ��� ��,� m ��� �,� �� my� • _ � �, Seal: ����,�',� o . ° �'� ���_�� ��' �.a��m��p°` ����� ���:i i:�"a���� �, „�.� �,� .,,. . 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 2