Broward County Commission Regular Meeting

MOTION TO ADOPT Resolution No. 2019-117 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, April 16, 2019, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO CLAIMS AGAINST OR ON BEHALF OF BROWARD COUNTY; AMENDING SECTION 1-51.3 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”) TO AUTHORIZE THE COUNTY ADMINISTRATOR TO REJECT CERTAIN SETTLEMENT PROPOSALS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 

(Sponsored by the Board of County Commissioners)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:30 AM)  Approved.  (See Yellow-Sheeted Additional Material, dated March 28, 2019, submitted at the request of the Office of the County Attorney.)

VOTE: 8-0.  Commissioner Sharief was not present.

The proposed Ordinance was prepared by the Office of the County Attorney to expressly authorize the County Administrator to reject certain settlement proposals.

Expressly authorizes the County Administrator to reject certain settlement proposals after consultation with the County Attorney and upon determining that acceptance of the proposal would not serve the County’s best interests.

THE OFFICE OF THE COUNTY ATTORNEY RECOMMENDS APPROVAL OF THE ABOVE MOTION.

The County receives many proposals for settlement. A substantial number of these involve small value claims, including claims alleging property damage. Other settlement proposals contain timing and other terms that might preclude timely consideration by the Board.

The recent amendments to Section 1-51.3 delegated authority to the County Administrator and to this Office to settle certain claims, but did not expressly delegate authority to the County Administrator to reject settlement proposals after consultation with this Office.

If this Code amendment is approved, settlement proposals in amounts exceeding $200,000 would still be required to be presented to the Board unless the terms of the proposals would preclude timely consideration by the Board.

Danielle W. French, Deputy County Attorney, (954) 357-7600