RESOLUTION NO. RS2008-310

A resolution authorizing the Metropolitan Department of Law to compromise and settle The Metropolitan Government of Nashville and Davidson County’s claims against Charles Gary Mallory for not less than $60,800, payable over the course of three years, and directing that this amount be paid into the Benefit Board Pension Plan Fund.

WHEREAS, The Metropolitan Government of Nashville and Davidson County filed suit against Charles Gary Mallory in the Circuit Court for Davidson County, Tennessee, Case No. 04C-1860; and,

WHEREAS, in Case No. 04C-1860, The Metropolitan Government of Nashville and Davidson County alleged that Mr. Mallory, a former disability pensioner, underreported his outside earnings, and thus, received disability pension benefits to which he was not entitled; and,

WHEREAS, Mr. Mallory, while denying any liability, fault, wrongdoing, or misconduct, wishes to reach an amicable resolution of The Metropolitan Government of Nashville and Davidson County’s claims; and,
WHEREAS, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interest of The Metropolitan Government of Nashville and Davidson County.

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

Section 1. The Metropolitan Department of Law is authorized to compromise and settle The Metropolitan Government of Nashville and Davidson County’s claims against Charles Gary Mallory for an amount not less than $60,800, payable over the course of the next three years, which amount shall be paid into the Benefit Board Pension Plan Fund.

Section 2. 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: Erik Cole

LEGISLATIVE HISTORY
Referred:	Budget & Finance Committee
Introduced:	May 20, 2008
Adopted:	May 20, 2008
Approved:	May 29, 2008
By: