Georgia House of Representatives - 1995/1996 Sessions

HR 100 - Clark, William H.; compensate

Page Numbers - 1/ 2

1. Skipper  137th         2. Epps  131st


House Comm: App        /                Senate Comm: App        /               
House Vote: Yeas 150   Nays 0           Senate Vote: Yeas     Nays              
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/23/95  Read 1st Time         3/7/95                             
              1/24/95  Read 2nd Time                                            
              3/6/95   Favorably Reported                                       
              Am       Committee Amend/Sub                                      
                       Unfavorably Reported  3/10/95                            
              3/7/95   Read 3rd Time                                            
              3/7/95   Passed/Adopted                                           
              CA       Comm/Floor Amend/Sub                                     
              ----------------------------------------                          
Immediately Transmitted to the Senate                                           
                                                                                
Code Sections amended:                                                          


HR 100                                             HR 100/CA

      H. R. No. 100 (AM)
      By:  Representatives Skipper of the 137th and Epps of the
      131st


                             A RESOLUTION

  1- 1  Compensating Mr. William H. Clark; and for other purposes.

  1- 2  WHEREAS, in 1985, Mr. William H. Clark became manager of the
  1- 3  golf course at the Roosevelt Warm Springs Institute for
  1- 4  Rehabilitation which is under the jurisdiction of the
  1- 5  Department of Human Resources; and

  1- 6  WHEREAS, such employment was pursuant to a golf course
  1- 7  manager's contract which was renewed annually until Mr.
  1- 8  Clark suffered a stroke on April 29, 1994; and

  1- 9  WHEREAS, during his employment, Mr. Clark was under the
  1-10  impression that he was a state employee entitled to benefits
  1-11  under the state health benefit plan; and

  1-12  WHEREAS, during Mr. Clark's tenure as manager of the golf
  1-13  course at the Warm Springs Institute, the golf course made
  1-14  tremendous economic strides and was placed, possibly for the
  1-15  first time, on a sound financial footing; and

  1-16  WHEREAS, while contracts of employment were signed by Mr.
  1-17  Clark on an annual basis regarding his work at the golf
  1-18  course, Mr. Clark considered those a mere formality and,
  1-19  based upon the good evaluations he was receiving from his
  1-20  superiors, he felt very secure in his position; and

  1-21  WHEREAS, once Mr. Clark suffered his stroke, his position
  1-22  with the golf course was terminated on August 5, 1994; and

  1-23  WHEREAS, in addition to being entitled to commissions, Mr.
  1-24  Clark was placed on an annual salary.  As a result of the
  1-25  salary provision in the employment agreement and as a result
  1-26  of statements by officials at the institute indicating that
  1-27  he would be entitled to a portion of the profits from the
  1-28  rental of golf carts in the future, Mr. Clark believes that
  1-29  he was misled with respect to his employment status; and

  1-30  WHEREAS, Mr. Clark has suffered medical expenses and, as a
  1-31  result of being misled about his employment status and the
  1-32  failure of the Roosevelt Warm Springs Institute for
  1-33  Rehabilitation to renew his contract, Mr. Clark has suffered
  1-34  personal injury loss totaling $6,000.00; and



                             H. R. No. 100
                                 -1- (Index)

                                                   HR 100/CA

  2- 1  WHEREAS, the loss occurred through no fault or negligence on
  2- 2  the part of Mr. Clark, and it is only fitting and proper
  2- 3  that he be compensated for his loss.

  2- 4  NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
  2- 5  GEORGIA that the Department of Human Resources is authorized
  2- 6  and directed to pay the sum of $6,000.00 to Mr. William H.
  2- 7  Clark as compensation as provided above. Said sum shall be
  2- 8  paid from funds appropriated to or available to said
  2- 9  department and shall be in full and complete satisfaction of
  2-10  all claims against the state arising out of said occurrence.





































                             H. R. No. 100
                                 -2- (Index)