RESOLUTION NO. RS2002-1261

A resolution authorizing the employment of special counsel to represent the interests of the Metropolitan Government of Nashville and Davidson County in the pursuit of its legal remedies for the overpayment of Disability Pension Benefits to members of that program who may have underreported their earnings.

Whereas, the Metropolitan Government recently received the results of an audit of the Metropolitan Employees Disability Pension Program; and

Whereas, that audit identified certain members of the Disability Pension Program who may be underreporting their annual outside earnings to the Program, and consequently, receiving an overpayment of disability pension benefits; and

Whereas, it is the duty of the Metropolitan Department of Law to pursue the legal remedies that may be available to the Metropolitan Government for any overpayment of benefits to any former employees who may have underreported their annual outside earnings to the Disability Pension Program; and

Whereas, the Department of Law may have conflicts of interest in representing the Metropolitan Government in its pursuit of such potential legal remedies against certain of the individuals identified; and

Whereas, Section 8.607 of the Metropolitan Charter provides for the employment of special counsel when the interest of the Metropolitan Government requires it; and

Whereas, Quenton I. White, Esquire, has expressed a willingness to represent the Metropolitan Government as special counsel in those matters in which the Department of Law believes it may have a conflict of interest.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. The Metropolitan County Mayor is authorized to employ Quenton I. White, Esquire, as special counsel to represent the Metropolitan Government in the pursuit of its legal remedies for the possible overpayment of Disability Pension Benefits to certain individuals, identified by the Department of Law.

Section 2. Special counsel shall submit a monthly statement to the Director of Law for services rendered and expenses incurred in accordance with the Regulations For The Reimbursement of Fees and Expenses Incurred By Employees Authorized to Retain Private Counsel, which have been promulgated by the Director of Finance, in consultation with the Director of Law.

Section 3. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Craig Jenkins

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	December 3, 2002
Adopted:	December 3, 2002
Approved:	December 9, 2002
By: