Order 28516 Litigation Attorney Came to be heard this the 9th day of February 2004 with a motion made by Commissioner Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to authorize the County Attorney to retain a litigation attorney on a contingent fee basis up to 40% contingency fee and a $2500.00 expense cap to investigate and pursue claims or other remedies against Employee Benefit Administrators and/or others arising out of payment by Kerr County of health care funds to Employee Benefit Administrators. 4 ~~~i~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: ~ I " ' ~ OFFICE: ~-~'~ ~~~~ r v MEETING DATE: ~~-IU a ~ TIME PREFERRED: ~~~~~~ ''~ SUBJECT: (PLEASE BE SPECIFIC) t 1 ]~ f~ ~ ~~~ ~~ y ~~5 c ~c5 5 ~'~ ~`~~'~~ J'~ ~ L~' o'~'i1 i^`/ ~;?.~7-~~~~,,1-~--o ~~~~'~in~ uT/~,~'r-~Q~v ~rTv~zav~/(s~ ~ sal L~a~i/.~tA~~~/T-~~c- ~~~~~ ~`~~ ~G~~~~/~T ~ ~ EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT:~~~ ~ ~~~ ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Memorandum To: Kerr County Commissioners' Court From: David Motley Date: February 3, 2004 Subject: Commissioners' Court December 9, 2002 payment of $400,000.00 for health care services provided to deceased former employee and possible recoupment of same. Having reviewed substantial documentation, transcripts, and other material in connection with the above-referenced matter and as the elected official responsible for the legal affairs of this county, it is my considered opinion that all or part of the unreimbursed portion of the $400,000.00, or other sums may be recoverable from Employee Benefit Administrators, their agents, employees, underwriters, and others because of their legal responsibility to Kerr County in connection with this transaction. Accordingly, I am requesting Commissioners' Court authorization to retain the services of an experienced litigation attorney or firm of attorneys with experience in insurance matters of this sort to investigate and pursue on behalf of Kerr County any and all claims for reimbursement and/or other remedies which Kerr County may have against Employee Benefit Administrators and others, arising out of any unlawful authorization and payment by Kerr County of health care funds to Employee Benefit Administrators. Such attorney or firm would be retained to represent Kerr County on a "contingent fee" basis with a maximum of forty percent (40 %) of the amount recovered being paid to the attorney(s) for their fee at the time of recovery. Thus, the taxpayers of Kerr County would only incur attorneys' fees if a recovery were obtained. I think it behooves all of us as elected officials to recognize our duty and obligation to follow the law and protect the taxpayers' interests and to recover, if possible, any sums which might be due to the citizens and taxpayers of Kerr County as a result of this transaction from those who may be legally responsible. Special attention to the interests of Kerr County citizens should be paid in this case where Kerr County expended county funds for the personal benefit of a former employee and/or his estate, with no legal obligation to do so. o ~/ -- `~`f .~ ~. ~`; ~ ~_ ~~ PUBLIC PARTICIPATION FORM FOR KERB COUNTY COMMISSIONERS' COURT Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed- Name: ~. Lc~ hrlca e~ J ra-~ ~ .~ Address: ~ ~z ~~~ ~//~s ~- /V Telephone: ~~ 3 ~~ ~ ~J~p ` ~~'S3 Place of Employment: Employment Telephone: ill ,~ Do you represent any particular group or organization? Yes ~ No (~ If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? 2 In general, are you for or against such Agenda Item (or Items)? For ~ Against ~ j? ~ /Y,ld~'G ~ h d~~ ~--~--- Signature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are. ~~ I move that the County Attorney immediately provide all members of Commissioners Court a complete and comprehensive report in writing that includes the following: 1. Any and all "substantial documentation, transcripts and other material" in your possession in connection with the Commissioners Court December 9~' 2002 authorization of payment of $400,000 for health care services for a Ken County employee (deceased) which you have characterized as "unlawful" in your Memorandum dated February 3, 2004. 2. In addition to Employee Benefit Administrators, identify all "others" that you seek to have authority to investigate. 3. Specify details and identify persons involved in any "unlawful authorization and payment by Ken County of health care funds to Employee Benefit Administrators." 4. Identify by name and position any and all individuals interviewed to date by the County Attorney and/or his staff in connection with the above-referenced matter. 5. Provide all citations of law alleged to have been violated, with the names of those believed to have violated same, and date violation is alleged to have occurred. 6. Provide basis upon which you conclude that "Kerr Count~pended coon ~ funds for the personal benefit of a former employee and/or his estate. with no legal obligation to do so." Further in this context, provide your interpretation of line 1 in the "Schedule of Benefits" for Kerr County Employees that guarantees a $1,000,000 Lifetime Maximum Benefit, and explain why this guaranteed benefit for our employees should not apply in this instant case. 7. Provide any and all evidence in your possession that leads you to conclude beyond a reasonable doubt that all of the expenses Ken County covered in December of 2002 was part of the transplant procedure performed on the Kerr County employee prior to his death, thereby rendering these expenses to be not eligible for recovery from Ken County's re-insurance carrier. 8. This report shall be in the hands of each member of this Court not later than Thursday, February 12, 2004.