1     
JOINT RESOLUTION APPROVING SWALLOW SETTLEMENT

2     
2019 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jefferson Moss

5     
Senate Sponsor: Jerry W. Stevenson

6     

7     LONG TITLE
8     General Description:
9          This resolution grants the Legislature's approval for the settlement of a lawsuit and
10     other alleged claims against the state.
11     Highlighted Provisions:
12          This resolution:
13          ▸     gives the Legislature's approval to the settlement agreement negotiated by the
14     parties and approved by the governor relating to the case of John E. Swallow v.
15     State of Utah, Case No. 180901476 (Third District Court, State of Utah) and other
16     alleged claims.
17     Special Clauses:
18          None
19     

20     Be it resolved by the Legislature of the state of Utah:
21          WHEREAS, the state of Utah was sued by John E. Swallow ("Swallow"), former
22     attorney general of the state of Utah, in the case of John E. Swallow v. State of Utah, Case No.
23     180901476, in the Third District Court, State of Utah ("Swallow lawsuit");
24          WHEREAS, Swallow has indicated that he believes he has claims that he could assert
25     against the state in addition to the claims he asserted or could have asserted in the Swallow
26     lawsuit;
27          WHEREAS, the parties in the Swallow lawsuit have entered into a final settlement

28     agreement providing for the state to pay Swallow $1,500,000 and under which Swallow
29     releases all claims against the state, including claims asserted or that could have been asserted
30     in the Swallow lawsuit;
31          WHEREAS, pursuant to Utah Code Section 63G-10-302, the governor has approved
32     the settlement agreement;
33          WHEREAS, Utah Code Section 63G-10-303 requires the Legislature to approve a
34     settlement agreement that legally binds the state to take action that might cost government
35     entities more than $1,000,000 to implement; and
36          WHEREAS, the cost of implementing the settlement agreement will exceed
37     $1,000,000:
38          NOW, THEREFORE, BE IT RESOLVED that the Legislature approves the Settlement
39     Agreement in the case of John E. Swallow v. State of Utah, relating to claims that Swallow
40     asserted or could have asserted in the Swallow lawsuit and all other claims Swallow could
41     assert against the state.