REPORT OF THE LITIGATION SUBCOMMITTEE
OF THE FINANCE COMMITTEE
The
Honorable,
The
Finance Committee of
The
Board of Commissioners
of
Ladies
and Gentlemen,
Your Litigation
Subcommittee of the Finance Committee of the Board of Commissioners met
pursuant to notice on
ATTENDANCE:
Present:
Chairman Silvestri, Vice Chairman Quigley, Commissioners Beavers, Collins, Peraica and Suffredin (6)
Absent: Commissioner Gorman (1)
Also
Present: Patrick
Driscoll – Deputy State’s Attorney, Chief, Civil Actions Bureau; John Ouska – Assistant State’s Attorney and Supervisor, Torts/Civil Rights Section;
Francis J. Catania, R. DiBenedetto and Mary Jo Smerz – Assistant States
Attorneys; Dr. Sergio Rodriguez – Medical Director, Cermak Hospital; Daniel P.
Duffy – Of Counsel, Peterson, Johnson & Murray, S.C.; Steven M. Klaczynski
– Attorney at Law, Hinshaw & Culbertson LLP: Larry Kowalczyk – Attorney at
Law, Querrey & Harrow
|
283410 |
RESOLUTION TO INCREASE THE STATE’S ATTORNEY’S
SETTLEMENT AUTHORITY TO $100,000.00 (PROPOSED RESOLUTION). Submitting a Proposed Resolution sponsored
by Peter N. Silvestri and Mike Quigley, County Commissioners; Co-Sponsored by
President Todd
H. Stroger, William M. Beavers, Jerry Butler, Forrest Claypool, Earlean Collins, John P. Daley, Elizabeth Ann Doody Gorman, Gregg Goslin, Roberto Maldonado, Joseph
Mario Moreno, Joan Patricia Murphy, Anthony J. Peraica, Timothy O. Schneider,
Deborah Sims, Robert Steele and Larry Suffredin County Commissioners. PROPOSED RESOLUTION RESOLUTION
TO INCREASE THE
STATE’S ATTORNEY’S SETTLEMENT AUTHORITY TO $100,000.00 WHEREAS, the Board of
Commissioners of Cook County, pursuant to 55 ILCS 5/1-6003, shall have the
duty “to take and order suitable proper measures for the prosecuting and
defending of all suits to be brought by or against” Cook County; and WHEREAS, the State’s
Attorney of Cook County, pursuant to 55 ILCS 5/3-9005(a)(4), shall have the
duty “to defend all actions and proceedings brought against his county, or
against any county or State officer, in his official capacity, within his
county; and WHEREAS, in the course of
such representation, the State’s Attorney is frequently advised of settlement
offers which provide the opportunity to terminate such litigation to the
mutual satisfaction of the parties; and WHEREAS, on June 21, 1982,
the Board of Commissioners of Cook County adopted Resolution 82-R-242
authorizing the State’s Attorney of Cook County to settle all actions in
which the County may be concerned, provided that “such settlement neither
commits the County to an expenditure in excess of $5,000.00 nor waives an
amount in excess of $5,000.00 due to the County in an action brought on its
behalf”; and WHEREAS, on May 2, 1995,
the Board of Commissioners of Cook County adopted Resolution 95-R-188
increasing the authority provided to the State’s Attorney of Cook County to
$10,000.00 to resolve all actions in which the County may be concerned; and WHEREAS, on WHEREAS, increasing the
State’s Attorney’s authority to $100,000.00 enhances the State’s Attorney’s
ability to resolve litigation in the County’s best interest. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Cook County hereby increase the
authority previously conferred upon the State’s Attorney of Cook County by
Resolution 95-R-188, to an amount which does not exceed $100,000.00. Upon request, the State’s Attorney shall
provide information regarding the basis of such settlements to any
Commissioner. *Referred to the Committee on Finance
Litigation Subcommittee on |
Chairman
Silvestri stated that the issue before the Litigation Subcommittee was whether
to increase the State’s Attorney’s settlement authority from $25,000 to
$100,000. Chairman Silvestri noted that
the City of
Commissioner
Collins stated that she believed that discussion of these cases within the Litigation
Subcommittee is necessary. She further
stated that she would, however, approve raising the settlement authority amount
to $50,000.
Commissioner
Peraica agreed with Commissioner Collins that $50,000 would be appropriate.
Chairman
Silvestri inquired as to how the State’s Attorney’s Office would furnish
information on cases with settlement authority of less than $100,000.
Patrick
Driscoll,
Commissioner
Peraica noted that the items would still come before the Finance Committee for
approval.
Chairman
Silvestri stated that by raising the State’s Attorney’s settlement authority, the
Litigation Subcommittee would be able to concentrate more fully on the more
expensive cases and on attorneys’ fees.
Chairman
Silvestri inquired as to whether the State’s Attorney’s Office needs to obtain
authority to try all cases.
Mr.
Driscoll replied in the affirmative.
Commissioner
Suffredin stated that any settlement that goes to the Finance Committee is not
final until it is voted upon; in cases where the Commissioners have questions,
the case can be deferred to the Litigation Subcommittee.
Commissioner
Collins stated that now is not the time to make this change.
Chairman
Silvestri stated that the Corporation Counsel and the Attorney General have
this much authority.
Mr.
Driscoll agreed that the Corporation Counsel has this authority. He further stated that he was unsure, however,
as to the amount of settlement authority possessed by the Attorney General.
Commissioner
Collins stated that by raising the State’s Attorney’s settlement authority, the
Litigation Subcommittee members would not be able to monitor as closely the
behavior of County employees.
Vice
Chairman Quigley voiced his concern that the County does not learn from its
mistakes. He further stated that, in a
conversation with Dr. Robert R. Simon, Interim Bureau Chief, Cook County Bureau
of Health Services, Dr. Simon concurred that there is a lack of accountability in
Health Services and that the County does not learn from its mistakes. Vice Chairman Quigley listed several factors
that need to be studied: lack of
training, faulty equipment, and lack of follow-up.
Commissioner
Peraica agreed with Vice Chairman Quigley that certain categories of cases repeat,
and that these cases often fall under $100,000.
He further stated that the Subcommittee might not catch such trends if
the settlement authority were raised to $100,000.
Chairman
Silvestri reiterated that these cases would be listed on the informational part
of the agenda.
Commissioners
Peraica and Collins stated that they would approve raising the State’s
Attorney’s settlement authority to $50,000.
Commissioner Suffredin, seconded by
Vice Chairman Quigley, moved to approve the resolution on the agenda (Item
#283410) to increase the State’s Attorney’s settlement authority to $100,000. The motion carried. Commissioners Collins and Peraica voted no.
Commissioner Collins, seconded by Commissioner Peraica, moved to
adjourn. The motion carried unanimously
and the meeting was adjourned.
LITIGATION
SUBCOMMITTEE OF THE FINANCE COMMITTEE
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PETER N. SILVESTRI, CHAIRMAN
ATTEST: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx