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    3-15-2022 - 2022 Miller Settlement Authorization and Appropriation - BSO - $175000.00 - 3-8-22

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    Claire
    This document summarizes a proposed ordinance authorizing the settlement of a lawsuit against the Bibb County Sheriff's Office for $175,000. It lists the legislative sponsors and describes that a deputy was involved in a motor vehicle collision, which was the subject of a lawsuit filed by Angela Pollard. The ordinance approves transferring $175,000 from county funds to pay the settlement amount agreed upon by the parties to resolve all claims in the litigation.

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    3-15-2022 - 2022 Miller Settlement Authorization and Appropriation - BSO - $175000.00 - 3-8-22

    Uploaded by

    Claire
    3K views8 pages
    This document summarizes a proposed ordinance authorizing the settlement of a lawsuit against the Bibb County Sheriff's Office for $175,000. It lists the legislative sponsors and describes that a deputy was involved in a motor vehicle collision, which was the subject of a lawsuit filed by Angela Pollard. The ordinance approves transferring $175,000 from county funds to pay the settlement amount agreed upon by the parties to resolve all claims in the litigation.

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    Settlement Authorization and Appropriation

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    This document summarizes a proposed ordinance authorizing the settlement of a lawsuit against the Bibb County Sheriff's Office for $175,000. It lists the legislative sponsors and describes that a deputy was involved in a motor vehicle collision, which was the subject of a lawsuit filed by Angela Pollard. The ordinance approves transferring $175,000 from county funds to pay the settlement amount agreed upon by the parties to resolve all claims in the litigation.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    3K views8 pages

    3-15-2022 - 2022 Miller Settlement Authorization and Appropriation - BSO - $175000.00 - 3-8-22

    Uploaded by

    Claire
    This document summarizes a proposed ordinance authorizing the settlement of a lawsuit against the Bibb County Sheriff's Office for $175,000. It lists the legislative sponsors and describes that a deputy was involved in a motor vehicle collision, which was the subject of a lawsuit filed by Angela Pollard. The ordinance approves transferring $175,000 from county funds to pay the settlement amount agreed upon by the parties to resolve all claims in the litigation.

    Copyright:

    © All Rights Reserved
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    of 8

    LEGISLATIVE SPONSORS


    □ MAYOR LESTER M. MILLER □ MAYOR PRO TEMPORE SETH CLARK
    □ COMMISSIONER VALERIE WYNN □ COMMISSIONER PAUL BRONSON
    □ COMMISSIONER ELAINE LUCAS □ COMMISSIONER MALLORY C. JONES, III
    □ COMMISSIONER RAYMOND WILDER □ COMMISSIONER BILL HOWELL
    □ COMMISSIONER VIRGIL WATKINS, JR. □ COMMISSIONER AL TILLMAN

    AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION AUTHORIZING


    SETTLEMENT IN THE TOTAL AMOUNT OF $175,000.00 FOR ANY AND ALL CLAIMS,
    DEMANDS, OR DAMAGES AGAINST THE BIBB COUNTY SHERIFF’S OFFICE ARISING
    OUT OF OR IN ANY WAY CONNECTED TO ANGELA POLLARD V. MIN HA AND
    SHERIFF DAVID DAVIS AND APPROPRIATING $175,000.00 FROM THE GENERAL FUND
    BALANCE TO PROVIDE FUNDS FOR THE PAYMENT OF SETTLEMENT AGREEMENT;
    AND FOR OTHER LAWFUL PURPOSES.

    WHEREAS, on June 15, 2021, the Macon-Bibb County Commission (the “Commission”) did by
    ordinance adopt the FY 2022 Budget, said ordinance having become effective on July 1, 2021; and

    WHEREAS, various budget amendments may become necessary to conduct the affairs of Macon-
    Bibb County and to implement the policies of the governing body; and

    WHEREAS, Deputy Min Ha of the Bibb County Sheriff’s Office was involved in a motor vehicle
    collision with Angela Pollard on or about May 2, 2018, on Mercer University Drive; and

    WHEREAS, Angela Pollard filed a civil lawsuit in Bibb County State Court, against Min Ha and
    the Bibb County Sheriff’s Office related to the collision; and

    WHEREAS, the Plaintiff and the Bibb County Sheriff’s Office have reached a settlement
    agreement whereby, the Sheriff’s Office will pay $175,000.00 to Angela Pollard and all claims brought
    in the suit shall be dismissed with prejudice, as shown in the attached Exhibit "A" and Exhibit "B",
    incorporated herein by reference; and

    WHEREAS, the Bibb County Sheriff’s Office requires a supplemental budget appropriation to
    the General Fund Balance to effectuate the payment described herein;

    1
    NOW, THEREFORE, BE IT ORDAINED by the Macon-Bibb County Commission, and it is
    hereby so ordained by the authority of the same as follows:

    Section 1.

    The Commission approves this supplemental appropriation for the transfer of $175,000.00 from
    the Fund Balance for the payment of the settlement amount agreed upon by the parties in the aforementioned
    litigation.

    Section 2.

    The Commission hereby declares that the foregoing preamble and whereas provisions set forth
    hereinabove constitute, and shall be considered to be, substantive provisions of this Ordinance and are
    hereby incorporated by reference into this provision.

    Section 3.

    In the event scrivener’s errors shall be discovered in this Ordinance or in the Exhibits hereto after
    the adoption hereof, the Commission hereby authorizes and directs that each such scrivener’s error shall be
    corrected in all multiple counterparts of this Ordinance.

    Section 4.

    Except as specifically provided herein, any and all ordinances or resolutions or parts of ordinances
    or resolutions in conflict with this Ordinance shall be and the same hereby are repealed.

    Section 5.

    In the event that this Ordinance or part thereof is found by any court of competent jurisdiction to
    be substantively more appropriately denominated an act of resolution by the Macon-Bibb County
    Commission, it is the intent of this Commission that this Ordinance or such portion thereof shall be
    considered to have been adopted as a resolution of the Macon-Bibb County Commission. Where any law
    bearing on the subject matter of this Ordinance calls for the taking of any legislative action by the governing
    authority of Macon-Bibb County, and such law specifies for such action to be taken by resolution or by
    ordinance, it is the intent of this Commission that this Ordinance satisfy such requirement, and that this
    Ordinance be construed accordingly.

    Section 6.

    This Ordinance shall become effective immediately upon its approval by the Mayor or upon its
    adoption into law without such approval. Pursuant to Section 14 of the Charter, the Mayor may also
    disapprove or reduce any item or items of appropriation with respect to this Ordinance, and the item or

    2
    items disapproved shall not become law unless subsequently passed into law over the Mayor’s veto by the
    affirmative vote of six (6) members of the Macon-Bibb County Commission.

    SO ORDERED AND ORDAINED this _______ day of _________________, 2022.

    ___________________________________________
    LESTER M. MILLER, MAYOR

    ATTEST: ___________________________________________
    JANICE S. ROSS, CLERK OF COMMISSION
    (SEAL)

    Q:\ORD MACON-BIBB\2022 Miller Settlement Authorization and Appropriation - BSO - $175,000.00 - 3-8-22.docx

    3
    EXHIBIT A
    IN THE STATE COURT OF BIBB COUNTY
    STATE OF GEORGIA

    ANGELA POLLARD, *
    *
    Plaintiff, *
    *
    VS. * CIVIL ACTION NO. 19-SCCV-090498
    *
    MIN HA and SHERIFF *
    DAVID DAVIS, *
    *
    Defendants. *
    DISMISSAL WITH PREJUDICE

    COMES NOW ANGELA POLLARD, Plaintiff in the above-captioned action

    which has been settled between the parties, and, by and through her counsel of

    record, hereby dismisses with prejudice the complaint against Defendants, thereby

    dismissing with prejudice all claims asserted in this action or which could have been

    asserted in this action.

    This the _______ day of _________________, 2022.

    REZA SEDGHI
    Georgia Bar No.634077
    Attorney for Plaintiff

    2870 Vineville Avenue


    Macon, Georgia 31204
    Tel: 478-741-3770
    [email protected]
    EXHIBIT B
    RELEASE

    KNOW ALL MEN BY THESE PRESENTS, that ANGELA POLLARD, for and

    in consideration of the sum of One Hundred Seventy Five Thousand Dollars

    ($175,000.00) to the undersigned in hand paid, the receipt and sufficiency of which is

    hereby acknowledged, for herself, her heirs, executors, administrators, and assigns,

    does hereby release, acquit, and forever discharge MIN HA, SHERIFF DAVID

    DAVIS, MACON-BIBB COUNTY GEORGIA, their employees, heirs, executors,

    administrators, representatives, successors, and assigns, from any and all claims,

    demands, rights, actions and causes of action of whatever kind and nature arising from

    an automobile accident having occurred on or about May 2, 2018 on Mercer University

    Drive at its intersection with Columbus Road in Bibb County, Georgia.

    The undersigned, attests that she is above the age of majority and is not laboring

    under any disability at this time which would prevent her from entering into the within

    Release. The undersigned further states that she understands that said payment is in

    settlement and compromise, and made to terminate any further controversy respecting

    all claims that the undersigned has heretofore asserted or might hereafter assert on

    account of the above-described accident.

    The undersigned further states that she will be responsible for any outstanding

    medical bills, including any hospital bills and liens, and subrogation claims by any

    group insurance carrier or worker’s compensation carrier, and that she will indemnify

    and hold harmless all of the parties released hereby from any such expenses, liens or

    Page 1 of 2
    claims.

    The undersigned states that this Release has been carefully read and that she has

    had an opportunity to consult with an attorney or anyone else of her choosing regarding

    its contents, and the undersigned states that she fully understands the terms of this

    Release and voluntarily accepts the consideration and terms herein for the purpose of

    making a full and final settlement as outlined above for any claims of any nature

    whatsoever by her due to the above-described accident. The undersigned further states

    that she has not been unduly influenced in making this settlement by any of the parties

    or representatives of the parties hereby released, or by anyone else.

    This Release specifically includes, but is not limited to, the claims made by the

    undersigned in the case entitled Angela Pollard v. Min Ha and Sheriff David Davis,

    State Court of Bibb County, Civil Action No. 19-SCCV-090498.

    This contract contains the entire agreement between the parties and no

    representations, warranties, inducements or promises not included herein shall be

    binding upon any party hereto.

    Witness her hand and seal this the day of _______________, 2022.

    ANGELA POLLARD

    Sworn to and subscribed before me


    this the day of _____________, 2022.

    Notary Public
    Page 2 of 2

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