Broward County Commission Regular Meeting


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AI-28837 29.       
Meeting Date: 04/16/2019  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO CONSIDER enactment of an 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)

ACTION:  (T-12:24 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.    
Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of March 28, 2019.
What Action Accomplishes
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.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
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.
Source of Additional Information
Danielle W. French, Deputy County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget is attached as Exhibit 2.
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement


    

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