RESOLUTION NO. RS2003-1550

A resolution accepting $65,000 in compromise and settlement of the Metropolitan Government's claim against Aegis Laboratories, Inc.

WHEREAS, a former Fire Department employee was terminated from employment with the Metropolitan Government on September 2, 1998 after a drug test performed by Aegis Laboratories, Inc. revealed that the employee tested positive for marijuana; and

WHEREAS, the employee appealed his termination and the Metropolitan Government was ordered to reinstate his employment with the Metropolitan Government with back pay and benefits after the Administrative Law Judge found that the drug test was improperly performed; and

WHEREAS, Aegis Laboratories, Inc. contracted to indemnify the Metropolitan Government for damages the Metropolitan Government incurs from the drug testing; and

WHEREAS, Aegis Laboratories, Inc. has agreed to pay the Metropolitan Government for damages the Metropolitan Government incurred from the negligent drug test result and order to reinstate the employee; and

WHEREAS, After investigation, the Department of Law believes that the settlement listed in Section 1 is fair and reasonable, and recommends that the claim be compromised and settled in the amount of $65,000 and that these funds be deposited into the appropriate fund and account as determined by the Department of Finance.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That the Metropolitan Department of Law is authorized to accept the amount of $65,000 in compromise and settlement of its claim against Aegis Laboratories, Inc., said amount to reimburse the Metropolitan Government for the benefits paid to the employee as a result of the Order to reinstate the employee; and

SECTION 2. That 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:	July 15, 2003
Adopted:	July 15, 2003
Approved:	July 17, 2003
By: