Consent 4.
Regular Board of Supervisors Meeting
County Attorney
- Meeting Date:
- 09/09/2014
- Title:
- Approve proposed Settlement Agreement
- Submitted By:
- Sue Blanchard, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
N/A
TITLE
of PRESENTER:
of PRESENTER:
N/A
Docket Number (If applicable):
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve the proposed settlement agreement in Cochise County v. Saint Bernadette Burick and Bernadette Burick Attorney at Law, L.L.C., filed in the Justice Court of the State of Arizona, in and for Cochise County, Precinct 1, Case No. CV2013 0246.
Background:
Cochise County filed a breach of contract action, on December 12, 2013, against Ms. Burick for damages totaling $5,964.00. The breach of contract action was based on Indigent Defense Counsel Agreement, Contract No. 11-02-CAO-01. The action alleged breach of contract because Ms. Burick failed to reimburse the County for an overpayment of funds she received from the County, but did not earn. Ms. Burick offered to settle this matter by paying the County $2,982.00 over a twenty-four (24) month period.
Department's Next Steps (if approved):
Upon approval by the Board, the Cochise County Attorney’s Office will submit a copy of the signed settlement agreement to Ms. Burick and notify the Court and Arbitrator that the matter has been settled and should be dismissed.
Impact of NOT Approving/Alternatives:
Should the Board choose not to approve the settlement agreement, the parties are ordered to participate in an arbitration proceeding on October 6, 2014. This will result in the County’s use of valuable time and resources that could be used on other matters. Furthermore, if Ms. Burick prevails in the action, the County may be ordered to pay her attorney’s fees and costs.
To BOS Staff: Document Disposition/Follow-Up:
Advise County Attorney's Office - Civil Division upon Board's approval.