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