Sealed v. Sealed

3. RESOLUTION NO. 176-2014 A RESOLUTION AUTHORIZING THE COUNTY ATTORNEY TO COMPROMISE AND SETTLE THE ACTION INDEX NUMBER: 12-CV-1613/FILE NUMBER: 12X56043, PURSUANT TO COUNTY LAW, THE COUNTY GOVERNMENT LAW OF NASSAU COUNTY AND THE NASSAU COUNTY ADMINISTRATIVE CODE. 393-14(AT) 4. ORDINANCE NO. 114-2014 AN ORDINANCE PROVIDING FOR A CAPITAL EXPENDITURE TO FINANCE THE PAYMENT OF CERTAIN JUDGMENTS OR COMPROMISED OR SETTLED CLAIMS AGAINST THE COUNTY OF NASSAU, AUTHORIZING $311,100.00 OF BONDS OF THE COUNTY OF NASSAU TO FINANCE SAID EXPENDITURE, AND MAKING CERTAIN DETERMINATIONS PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT, THE LOCAL FINANCE LAW OF NEW YORK AND THE COUNTY GOVERNMENT LAW OF NASSAU COUNTY. 394-14(AT) 5. ORDINANCE NO. 115-2014 AN ORDINANCE PROVIDING FOR A CAPITAL EXPENDITURE TO FINANCE THE PAYMENT OF CERTAIN JUDGMENTS OR COMPROMISED OR SETTLED CLAIMS AGAINST THE COUNTY OF NASSAU, AUTHORIZING $1,280,176.59 OF BONDS OF THE COUNTY OF NASSAU TO FINANCE SAID EXPENDITURE, AND MAKING CERTAIN DETERMINATIONS PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT, THE LOCAL FINANCE LAW OF NEW YORK AND THE COUNTY GOVERNMENT LAW OF NASSAU COUNTY. 400-14(AT) 6. ORDINANCE NO. 116-2014 A BOND ORDINANCE PROVIDING FOR A CAPITAL EXPENDITURE TO FINANCE A PROJECT UNDER THE ENVIRONMENTAL PROGRAM ESTABLISHED PURSUANT TO LOCAL LAW 14-2004 OF NASSAU COUNTY, AUTHORIZING $405,600 OF BONDS OF THE COUNTY OF NASSAU TO FINANCE SAID EXPENDITURE, AND MAKING CERTAIN DETERMINATIONS PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT, PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK AND THE COUNTY GOVERNMENT LAW OF NASSAU COUNTY. 30-14(PW) not superseded and it applied to the refund of the special ad valorem levies. The County was ordered to indemnify the Town and garbage districts and to pay $1,247,128.20, the amount of the judgment entered against the Town and its garbage districts. This amount included the principal amount of the refund plus pre-judgment interest on the principal amount. On July 26, 2012 the County paid the Town the full amount of the judgment, $1,247,128.20 (see bond ordinance #195-2011 authorizing payment). However, at the same time, the County argued that it was not obligated to reimburse the Town, under the County Guaranty, for the pre-judgment interest that was included in the $1,247,128.20 judgment. The County also argued that the pre-judgment interest rate of 9% should be decreased since the judgment at hand was against a municipality. These issues between the Town and County were extensively litigated. A final determination was reached by the Court on November 28, 2012 (Justice Adams) that the County was required to reimburse the Town for an additional $339,184.70. This amount represented interest that accrued from the date the $1,247,128.80 judgment against the Town was entered until the Town paid the judgment (which was approximately three (3) years later); the post-judgment interest. The Town then submitted a further judgment against the County for the $339,184.70, plus interest on that sum, that is, interest that accrued from the date that the Town paid the $339,184.70 to New York Telephone. When the Court entered this further judgment against the County in favor of the Town, the Court miscalculated the amount of the interest that had accrued on the $339,184.70 because the Court did not take into account the County’s payment of $1,247,128.20 to the Town on July 26, 2012. The County made a motion to correct the Court’s miscalculation, and the Town and the County stipulated to the correct amount of interest that should have been properly charged to the County based on the Court’s November 28, 2012 decision. When the correct amount of interest is added to the $339,184.70, the total of the further judgment against the County is $532,104.01. This further judgment was entered on June 24, 2014. Confidential Informant v. County of Nassau, et al., Index No. 1816-12 Bond Ordinance # 114-2014 ($311,100 = settlement amt. $305,000 + 2% COI of $6,100) Settlement Resolution # 176-2014; Passed by Nassau County Legislature on September 22, 2014 Plaintiff filed a federal lawsuit claiming civil rights violations when Nassau County failed to protect Plaintiff’s identity when assisting in the prosecution in the murder of an individual. Plaintiff called in an anonymous tip to Nassau County Crime Stoppers regarding a murder that had occurred in Nassau County providing Crime Stoppers with information regarding the individual wanted in connection with a murder, including information regarding the person’s identity and location. Plaintiff testified at the deposition that members of the Nassau County Police Department promised that Plaintiff’s role as the confidential informant would remain anonymous as the individual wanted for the murder (hereinafter “the criminal defendant”) was a member of the street gang. In reliance upon such promises and assurances, Plaintiff coordinated a plan with the NCPD and in an effort to guarantee that there would be no suspicion that Plaintiff had cooperated with the police in connection with the apprehension of the criminal defendant, the police agreed that they would conduct a “faux arrest” of Plaintiff, at the very same time they would arrest the criminal defendant, to create the appearance, from 2 the criminal defendant’s point of view, that Plaintiff played no role in cooperating with the police in facilitating the criminal defendant’s capture. The criminal defendant was tried before Judge James P. McCormack. At trial, upon direct questioning by the Assistant District Attorney, the arresting detective identified Plaintiff as the informant who provided information to the Nassau County Police Department and assisted in facilitating the arrest. At the conclusion of the jury trial, the criminal defendant was convicted and sentenced to thirty years in prison Plaintiff alleges that the County of Nassau has failed to properly train its officers or provide proper supervision to ensure that an individual’s identity as a confidential informant would remain confidential and was not publically disclosed. Plaintiff alleged that as a result of the disclosure, the Plaintiff’s friends and family have become enemies who have flooded their pages on Facebook, a social network website, with threatening comments about Plaintiff. Included among these comments are those indicating that Plaintiff needs “a nice buck fifty across the face”, slang for 150 stitches across the face. Alan Fishman v. County of Nassau, et al., Index No. 10-CV-1105 Bond Ordinance # 150-2014 ($253,384.32 = settlement amt. $248,416.00 + 2% COI of $4,968.32) Settlement Resolution # 213-2014; Passed by Nassau County Legislature on November 17, 2014 This federal lawsuit arises out of the termination of Plaintiff, Alan Fishman, from his employment with the Nassau County Legislature. Plaintiff commenced a lawsuit on July 15, 2010, alleging, in essence, that he was terminated because of his political affiliation and activities with the Democratic Party. On January 10, 2010 the Nassau County Legislature shifted control to a new Republican majority. Commensurate with this shift in power in 2010, Legislator Peter Schmitt became presiding officer of the legislature and William Muller replaced Chumi Diamond as the clerk of the legislature. On February 10, 2010 Mr. Muller terminated Plaintiff. In his complaint plaintiff alleged violations of his 1st and 14th amendments under the federal and state constitution and the NYS Labor law. Plaintiff also made claims for intentional and negligent infliction of emotional distress. Following County’s motion to dismiss and summary judgment motion, only two of plaintiff’s claims remained, i.e. Plaintiff’s 1st amendment claim and plaintiff’s claim under Section 201-d NYS Labor law. Tentative settlement was reached; plaintiff agreed to accept $150,000 in settlement of his claims and $98,416.00 in attorney’s fees. Howard/Sherri Lang v. County of Nassau, et al., Index No. 1816-12 Bond Ordinance # 151-2014 ($459,000 = settlement amt. $450,000 + 2% COI of $9,000) Settlement Resolution # 214-2014; Passed by Nassau County Legislature on November 17, 2014 Plaintiff’s estate filed negligence and wrongful death lawsuit against Nassau County when a Nassau County Police officer struck and killed Ms. Lang when she was crossing the street in Bellmore in 2011. The Police Officer was on duty and was returning to the police precinct at the end of his shift when he hit Ms. Lang. The Police Officer’s license was suspended for six months. Ms. Lang’s estate also sued 3 Det. Aponte - People Direct 1401 vehicle. The vehicle was being operated by a female. There was another male black in the vehicle, sitting in the rear. We pulled the vehicle over. There was probably \I-f about eight of us, including marshals and members of the Nassau County Police Department. We proceeded to pull the vehicle over. The defendant was removed from the vehicle. He was placed under arrest. He was brought over to the van 'm that I was in. I wasn't in there, in the van. At that point I was doing the subject who was sitting in the rear seat. I relinquished control of that second subject to the US Marshals. At that point I walked over to the van. The k. ,9 defendant had been brought over by Detective Sergeant Larson WW and Detective Nardo to that vehicle. He was handcuffed and and I sat to his immediate left. irwm Detective Nardo sat in front of him, in the front passenger sitting in the rear, seat, and Detective Larson Detective?Sergeant Larson drove the vehicle. Now, so we're clear, the other two indiv' als that were in the vehici?e? with the defendant, - were for anything? A Not to my knowledge, no. Kathleen Plaia, Official Court Reporter Det. Aponte People Direct 1402 Okay. In fact, did you know the identity of one of the individuals prior to arriving there? A I knew the identity of both the individuals before I arrived there. How is that? A Through the tip. Okay. Was one of the individuals in the car actually one of the pe0p1e who assisted you in finding - A Yes. That would be the male? A Yes. Now. You got to? at that point, correct? A I didthe courtroom today? A I do. Please identify him by an article of clothing he's wearing. A He's the male black sitting at defense table, wearing a white shirt and black framed glasses. THE COURT: Indicating the defendant. MS. LEWIS: Thank you, your Honor. Detective Aponte, was wearing glasses on the day you found him travelling in the car? Kathleen Plaia, Official Court Reporter Det. Aponte People Cross 1465 with any type of police lights or anything? A No. So it wouldn't have been you? A No. Did you have any marked Chesterfield County Police car assisting to you make a traffic stop? A The marshals vehicles headlights were equipped in that manner. We did use our vehicle as a preventing the vehicle from going forward. So our vehicle was, in fact, used as well. So you kind of blockaded the vehicle from going forward? A .Exactly. . And you indicated that - -, front passenger seat? A Front passenger seat. Okay. And the female or the male the other, female or male, was driving? A The female was driving. You indicated you had to subdue another suspect? A I took another subject from inside the vehicle out and proned him out on the ground. Which one was that? A The subject in the rear of the vehicle, not the defendant. There was two male occupants, the defendant and Kathleen Plaia, Official Court Reporter Det. Aponte - People Cross 1466 another male. I had taken the second male out of the vehicle. Okay. The second male, being the person who actually tipped you off as to where - was? A Correct. Was he driving? A No. Okay. So - he is ultimately handcuffed, correct? A He was. Was he placed on the ground, face-down, handcuffed first? A I believe that took place. I was on the opposite side of the vehicle, but I believe that was taking place, as well. Do you know how long he was there on the ground before he was either picked up or told to get up before he was placed in the van? A A short time, just in the manner of handcuffing him and frisking him. He was lifted and brought to his feet and walked over to the vehicle. And he was cuffed in the rear, meaning, behind his back? A Yes. And he's put in the rear seat of the van? Kathleen Plaia, Official Court Reporter Amendment in the of a Substitution t0 Clerk Item 393-14 This Amendment corrects a typographical error on the Index Number of. the Case enwatni) P. MANGANO County Executive CARNELL FOSKEY County Attorney Staff Summary FOR EXECUTIVE SESSION- ONLY Subject Department Contact/Representative for Leg ?fleeting:?I Settlement Resolution for File No.12X56043flndex No. 12~ Deputy County Attorney Diane C. Petillo 571-6190 Department County Attorney Department Head Name Carnell Foskey, County Attorney?m $2 {gm-'32" - Department Head Signature - Date August a, 2014 Proposed Le islative Action Internal Approvals To Date Approval info Other Date lnit. Approval Date lnit. Approval Assgn Comm Dept. Head ??ff?g?qw Leg. Affairs Rules Comm Budget County Atty. Full Leg Deputy CE. County Exec. :Na ra tive Purpose: Discussion: Becommenda?cion: :Approve settlement resolution. authorize settlement of a civil rights action commenced against Nassau County. [File No. 12X56043/lndex Please see attached confidential settlement documents. :ljroposed settlement amount and impact on funding: The plaintiff has agreed to accept $305,000.00 in full and final settlement ofthis case. EDWARD P. MAN GANO County Executive CARNELL T. FOSKEY County Attorney Inter-Departmental Memo FOR EXECUTIVE SESSION ONLY To: Clerk of the Legislature From: Office of the County Attorney Date: September 11, 2014 Re: RESOLUTION ORIG. DEPT. - Office of the County Attorney A Resolution authorizing the County Attorney to compromise and settle the action Index Number: I File Number: 12X56043, pursuant to the County Law, the County Government law ofNassau County and the Nassau County Administrative Code The above-described document attached hereto is forwarded for your review and approval and subsequent transmittal to the County Legislature for inclusion upon their calendar. CARNELL T. FOSKEY County Attorney Brian Li bert Deputy County Attorney Appeals Opinions Bureau Attachments RESOLUTION NO. ?2014 A RESOLUTION AUTHORIZING THE COUNTY ATTORNEY TO COMPROMISE AND SETTLE THE ACTION INDEX NUMBER: NUMBER: PURSUANT TO THE COUNTY LAW, THE COUNTY GOVERNMENT LAW OF NASSAU COUNTY AND THE NASSAU COUNTY ADMINISTRATIVE CODE Deputy County Attorney APPROVED AS TO WHEREAS, Plaintiff commenced an action against Nassau County (the ?County?) Index Number alleging certain violations of Plaintiff?s rights and the County has agreed to make payment to Plaintiff in the amount of $305,000.00 in full and ?nal settlement, inclusive of attorney?s fees; and the County Attorney has caused an investigation and analysis to be made of the said actions and as a result thereof recommends that they be settled in the amount set forth above; now therefore, be it RESOLVED, that the County Attorney be and is hereby authorized and directed to settle the said actions in the amount as indicated above, provided that a bond ordinance to ?nance such settlement is adopted by this Legislature and any borrowing pursuant to such bond ordinance is approved by the Nassau County Interim Finance Authority, if such approval is required; and be it further RESOLVED, that the County Treasurer be and is hereby authorized to pay a maximum of $305,000.00 by check or checks payable as directed by the County Attorney, said check or checks to be delivered to the County Attorney and thereupon delivered to the attorneys for Plaintiffs upon receipt of a Settlement Agreement and Limited Release; and be it further RESOLVED, that it is hereby determined, pursuant to the provisions of the State Environmental Quality Review Act, 8 section 0-l0.l- et seq. and its implementing regulations, Part 617 of6 N.Y.C.R.R., and section 1611 ofthe County Government Law ofNassau County, that this settlement is a ?Type ll? Action within the meaning of section of6 and, accordingly, is of a class. of actions which do not have a signi?cant effect on the environment; and no further review is required. CARNELL FOSKEY County Attorney P. MANGANO County Executive Inter-Departmental Memo FOR EXECUTIVE SESSION ONLY To: Clerk of the Legislature From: Office of the County Attorney Date: July 25, 2014 Subject: A RESOLUTION AUTHORIZING THE COUNTY ATTORNEY T0 COMPROMISE AND SETTLE THE FOLLOWING: Title of Action/Docket No Amount: John Doe v. The County ofNassan, Nassau minty Police Department, Mifron Apom'e, Ronald Walsh, John Lopiecol?o, Robert Norrie 7'74- (LDW) County Attorney File No. 12X56043 $305,000.00 Name and Address of Plaintiff: John Doe Attorneys for Plaintiff: Ceunpanelli Associates 1757 Merrick Avenue, Suite 204 Merrick, New York 11566 By: Andrew J. Cainpanelli The above described document, attached hereto, is forwarded for your review and approval. CARNELL FOSKEY County Attorney By: Eliseo: GE. a?eti?n Diane C. Petillo Deputy County Attorney Amen dment in the of a Sub stituticn tc- Clerk Item 39-4-14 This Amendment corrects a typographical error on the Index Number of the Case 1! EDWARD P. MANGANO County Executive Staff Summary FOR EXECUTIVE SESSION ONLY CARNELL FOSKEY Co 1111 ty Attorney Purpose: Eiscussion: iProposed settlement amount and impact on funding: Recommendation: fPlease see con?dential settlement documents accompanying the companion settlement resolution. Subject 73epartment ContactfRepresentative for Leg Meeting: Bond Ordinance for File No. 12X56043Hndex No. Deputy County Attorney Diane C. Petillo 571?6190 Department County Attorney Department Head Name Carnell Foskey, County Attorney Department a?Signature Mly?? 0 (/95 Date a . August 6, 2014' Proposed Le islative Action Internal Approvals To Date Approval Info Other Date Init. Approval Date Init. Approval Assgn Comm Dept. Head Leg. Affairs Rules Comm Budget a/ County Atty. Full Leg Deputy CE. County Exec. Narrative grliis bond ordinance provides for a capital expenditure totaling $31 1,100.00 to finance the settlement of a civil rights action, icommenced against Nassau County. [File No. 1.2X56043/Index No. :The plaintiff has agreed to accept $305,000.00 in full and final settlement ofthis case. The proposed bond amount is consists of the settlement amount plus 2% cost of issuance Approve bond ordinance. EDWARD P. MANGANO County Executive CARNELL County Attorney Inter?Departmental Memo . FOR EXECUTIVE SESSION ONLY To: Clerk of the Legislature From: Office of the County Attorney Date: September 11, 2014 Re: ORDINANCE ORIG. DEPT. Office of the County Attorney AN ORDINANCE providing for a capital expenditure to ?nance the payment of certain judgments or compromised or settled claims against the County of Nassau, authorizing $31 1,100.00 of bonds of the County of Nassau to ?nance said expenditure, and making certain determinations pursuant to the State Environmental Quality Review Act, pursuant to the Local F'nance Law of New York and the County Government Law of Nassau County. he abovendescribed document attached hereto is forwarded for your review and approval and subsequent transmittal to the County Legislature for inclusion upon their calendar. CARNELL T. Attor ey Brian. Libert Deputy County Attorney Appeals 85 Opinions Bureau Attachments ORDINANCE NO. 2014 AN ORDINANCE PROVIDING FOR A CAPITAL EXPENDITURE TO FINANCE THE PAYMENT OF CERTAIN JUDGMENTS OR COMPROMISED OR SETTLED CLAIMS AGAINST THE COUNTY OF NASSAU, AUTHORIZING $31 1,100.00 OF BONDS OF THE COUNTY OF NASSAU TO FINANCE SAID EXPENDITURE, AND MAKING CERTAIN DETERMINATIONS PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT, THE LOCAL FINANCE LAW OF NEW YORK AND THE COUNTY GOVERNMENT LAW OF NASSAU COUNTY$221ORDAINED by the County Legislature of the County of Nassau as follows: Section 1. A capital expenditure in the amount of $31 1,100.00 is hereby authorized upon recommendation of the County Executive and by at least a two-thirds vote of the voting strength ofthe County Legislature, which expenditure shall be ?nanced with the proceeds from the issuance of $31 1,100.00 of bonds, fer the payment of certain judgments or compromised or settled claims in the amount of $305,000.00, plus two percent for costs of issuance, as fo1lows: Matter Amount Lindex No. '12-CV~3774fCounty Attorney File No. I2X56043 $305,000.00 2. The County oI?Nassau (the ?County?) shall issue its bonds in the aggregate principal amount of $311,100.00 pursuant to the New York State Local Finance Law (the ?Law?) in order to finance the specific object or purpose or classes of objects or purposes (the ?Purpose?) described in section 1 of this ordinance. 3. The County Legislature hereby determines that the period of probable usefulness of the Purpose for which said bonds authorized pursuant to this ordinance are to be issued, within the limitations of subdivision 33(a) of paragraph a of section 11.00 of the Law (?subdivision is ?ve (5) years, except that, in accordance with subdivision 33(b) and ofparagraph a of Section 11.00 of the Law, if the payment of the Purpose and any combination of the Purpose and any other judgment or judgments, claim or claims, award or awards, or sum or sums, as described in subdivision 33(a), falling due in a single fiscal year, amount to more than one per centum of the average assessed valuation of the County, then the PPU of the Purpose is ten years. if the payment of the Purpose and any combination of the Purpose and any other judgment or judgments, claim or claims, award or awards, or sum or sums, as described in subdivision 33(a), falling due in a single fiscal year, amount to more than two per centum of the average assessed valuation of the County, then the PPU of the Purpose is ?fteen years. 4. The County Legislature has determined and hereby states that the estimated aggregate maximum cost of such Purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $31. 1,100.00. The plan of financing includes $311,100.00 to be raised by the issuance of bonds authorized by this ordinance, and the levy and collection of taxes on all the taxable real property of the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. 5. Each of the bonds authorized by this ordinance and any bond anticipation notes issued in anticipation of the sale of. said bonds shall contain the recital of validity as prescribed by section 52.00 ofthe Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the County, payable as to both principal and interest by general tax upon all the taxable real property within the County subject to applicable statutory limitations. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the County by apprOpriation for the amortization and redemption of said bonds and any notes issued in anticipation thereof to mature in such year and the payment of interest to be due and payable in such year. 6. Subject to the terms and conditions of this ordinance and the Law, and pursuant to the provisions of section 21 .00, section 30.00, section 50.00, sections 5600 through 60.00 and section 63.00 of the Law, the powers and duties of the County Legislature relative to authorizing bond anticipation notes and the renewals thereof, determining whether to issue bonds with substantially level or declining annual debt service, prescribing the terms, form and contents of the bonds herein authorized, bond anticipation notes issued in anticipation of said bonds and the renewals thereof, and any other powers or duties pertaining to or incidental to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds and the renewals thereof, are hereby delegated to the County Treasurer, the chief fiscal officer of the County. 7. The County Treasurer is hereby authorized. to cause such bonds and/or bond anticipation notes to be printed and to do such things as may be necessary to provide for the sale of such bonds andror bond anticipation notes and to employ bond counsel to furnish to the purchaser or purchasers of such obligations an opinion as to their legality. 8. The validity of any County bonds authorized by this ordinance and any County bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: such obligations are authorized for an object or purpose for which the County is not authorized to expend money, or the provisions of law which should. be complied with at the date of the publication of this ordinance, or summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication; or such obligations are authorized in violation of the provisions of the constitution of the State ofNew York. 9. This ordinance shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150?2. Other than as set forth in this ordinance, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. I0. The Clerk of the County Legislature is hereby directed to publish this ordinance in full, or a summary thereof, together with a notice in substantially the form prescribed by section 81.00 of the Law in the official newspaper of the County. 1 It is hereby determined pursuant to the provisions of the State Environmental Quality Review Act, 8 N.Y.E.C.L. section 0101 (at seq. and its implementing regulations, Part 617 of 6 N.Y.C.R.R., and section 16] ofthe County Government Law ofNassau County that the payment of certain judgments, awards, determinations or compromised or settled claims against the County of Nassau is a ?Type 11? Action within the meaning of section of6 N.Y.C.R.R., and, accordingly, is of a class of actions which do not have a significant effect on the environment and no further review is required. A record of such determination shall be maintained in a file, readily accessible to the public, at the office ofthe Clerk of the Legislature. 12. This ordinance shall take effect immediately upon its adoption. EDWARD P. MANGANO County Executive CARNELL FOSKEY County Attorney Intra?Departmental Memo To: Legal Counsel Bureau, Office of the County Attorney - From: Diane C. Petillo, General Litigation Bureau Date: July 25, 2014 Subject: REQUEST, CAPITAL CODE 90480 The following has been either settled or has resulted in a verdict, judgment, or other court-ordered payment. Please prepare a bond ordinance for consideration by the Legislature. Thank you. Title of AetionfDocket No. John Doe v. The County ofNassan, Nassau County Police Department, Mifton Aponte, Ronald Walsh, John Lopiccofo, RobertNardo (LDW) County Attorney File No. 12X56043 $305,000.00 Bond Amount $311,100.00 consisting of the settlement amount plus 2% cost of issuance Name and Address of Plaintiff: John Doe Attorneys for Plaintiff: Campanelli Associates 1757 Merrick Avenue, Suite 204 Merrick, New York; 11566 By: Andrew J. Campanelli Ethane 3326110 Diane C. Petillo Deputy County Attorney 120 1 Full Legislature/9-22-14 2 and make certain determinations 3 the State Environmental 4 the Local Finance Law of New 5 County Government Law of Nassau pursuant Quality Review York, LEGISLATOR DUNNE: 7 LEGISLATOR WALKER: 8 CHAIRWOMAN GONSALVES: Legislator 10 Walker. 11 and 12 nature Dunne, These I'm going of a seconded two to items ask for substitution So need to WALKER: 14 LEGISLATOR SCHAEFER: 15 CHAIRWOMAN GONSALVES: Walker, 17 Schaefer. The 18 typographical 19 the case 20 393 and and error it Clerk 21 seconded amendment on Item to questions 23 (No verbal 24 There 25 by amended of So by the them. moved. Second. Moved by Legislator index the in a number Clerk of Item 394. Any 22 be corrects the applies Moved each LEGISLATOR Legislator moved. amendment for the Legislator 13 16 and Second. by an Act, County. 6 9 to regarding those amendments? favor of the response.) being amendments none, all those 393, 394 signify REGAL REPORTING SERVICE (516) 747-7353 in by 121 1 2 Full saying Legislature/9-22-14 aye. 3 (Aye.) 4 Any opposed? 5 (No verbal 6 Now, for to 7 Who is here 8 9 10 MR. Locurto there from are 11 12 the items as speak on those items, MAY: We have the any response.) County questions CHAIRWOMAN No questions? (No 14 Is 15 (No 16 There favor of 18 saying Lisa Attorney's on the Greg? Office items. GONSALVES: verbal there Anyone? response.) any verbal Items 3 public comment? response.) being none, and as 4 all amended those in signify aye. 19 (Aye.) 20 Any opposed? 21 (No verbal 22 The items 23 Let's 24 Item 11, 25 supplemental if Lucky. 13 17 Ms. amended. to pass move Ordinance the response.) on. 121, an annual unanimously. We're going to ordinance appropriation REGAL REPORTING SERVICE (516) 747-7353 by