HomeMy WebLinkAboutAgenda 05-24-22; 8-f - Litigation Settlement 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 24, 2022
Action Agenda
Item No. 8-f
SUBJECT: Litigation Settlement
DEPARTMENT: County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
John Roberts, County Attorney, 245-
2318
PURPOSE: To ratify the settlement of case 22 CV 432 as previously authorized by the Board of
Commissioners in closed session.
BACKGROUND: Subsequent to the death of a county employee during the term of employment, the
former county employee's estate requested to be paid the value of the former employee's accrued leave.
The request was denied and the former employee's estate filed the above cited complaint in Orange
County Superior Court seeking full compensation for the value of that leave. Pursuant to negotiations
with the Plaintiff, closed session consideration of the Plaintiff's claims and arguments, and discussions
with the Board's attorney, the Board determined payment of the value of the claim is appropriate.
North Carolina General Statute 143-318.11(a)(3) provides that when the settlement of litigation is
approved or considered in closed session the terms of the settlement will be entered into the minutes of
the public body as soon after the settlement is concluded as is reasonable. The terms are payment of
$102,315.35 to the Plaintiff. In return the Plaintiff dismissed the complaint against Defendant Orange
County and released and waived any and all future claims against Orange County related to the former
employee's employment. The settlement was concluded on May 16, 2022.
FINANCIAL IMPACT: The full payout amount due the plaintiff is $102,315.35.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this
item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact
associated with this item.
RECOMMENDATION(S): The Manager recommends the Board ratify and adopt the settlement on
behalf of Orange County.