Agenda 09/26/2017 Item #16K 909/26/2017
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Settlement Agreement in the
amount of $3,500 to settle the lawsuit styled Scott Holtrey v. Collier County Board of County
Commissioners, Case No. 2:16-cv-00034 now pending in the United States District Court, Middle
District of Florida Fort Myers Division.
OBJECTIVE: To end a federal employment lawsuit now pending in the Federal Court House in Fort
Myers including a pending Equal Employment Opportunity Commission (“EEOC”) claim for alleged
discrimination under the American with Disabilities (“ADA”).
CONSIDERATIONS: The Plaintiff, Scott Holtrey, is a current Collier County Parks and Recreation
Division employee. Mr. Holtrey alleges that Collier County violated provisions of the Family Medical
Leave Act (“FMLA”) including interference with his right to take FMLA leave and retaliation for having
taken the leave. The County sought to have this case dismissed as the allegations have no merit, however
the Motion to Dismiss the Amended Complaint was denied by the Court. Mr. Holtrey also filed a Notice
with the EEOC alleging that he was discriminated against in violation of the ADA. The EEOC issued a
No Cause determination in this matter, however a plaintiff may still file a lawsuit following the EEOC
finding. Settling this case settles all claims, current or future, including the alleged FMLA and ADA
violations.
The parties attended Court Ordered Mediation on March 23, 2017 and reached impasse. The parties
completed initial discovery including written discovery and depositions. The County filed a Motion for
Summary Judgment again asking the Court to dismiss this case prior to trial. Prior to filing a response to
the County’s Motion, Mr. Holtrey’s attorney contacted the County Attorney’s Office to discuss
settlement. The parties agreed to a $3,500 payment by the County, subject to Board approval. If agreed
to by the Board, no other costs or fees would be due, as plaintiff’s attorney’s fees would be paid out of
this settlement sum.
The County Attorney and Risk Management Director support this Settlement Agreement. The County
Attorney is recommending that the Board accept this settlement for the following reasons:
1. This case would be referred to outside counsel to try this case in federal court, and the attorney’s
fees would start at approximately $50,000 and may reach as high as $75,000.00
2. If the County does not prevail, then in addition to the $50,000-$75,000 in legal fees we expect to
incur, the County would be responsible under Federal law for plaintiff’s legal fees, plus whatever
damages may be awarded by the jury.
FISCAL IMPACT: Funds in the amount of $3,500 will come out of Fund 516, Property and Casualty
Insurance.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached
Settlement Agreement in the total amount of $3,500 to end a federal employment lawsuit.
PREPARED BY: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Settlement Agreement (PDF)
16.K.9
Packet Pg. 3165
09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Doc ID: 3702
Item Summary: Recommendation to approve and authorize the Chairman to sign a Settlement
Agreement in the amount of $3,500 to settle the lawsuit styled Scott Ho ltrey v. Collier County Board of
County Commissioners, Case No. 2:16-cv-00034 now pending in the United States District Court, Middle
District of Florida Fort Myers Division.
Meeting Date: 09/26/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
08/29/2017 9:38 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/29/2017 9:38 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 08/29/2017 9:57 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 08/29/2017 2:03 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2017 2:58 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 08/29/2017 3:03 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/29/2017 3:51 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/30/2017 2:58 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.K.9
Packet Pg. 3166
16.K.9.a
Packet Pg. 3167 Attachment: Settlement Agreement (3702 : Settlement Agreement - $3,500 - Holtrey v. Collier County - 2:16-cv-00034)
16.K.9.a
Packet Pg. 3168 Attachment: Settlement Agreement (3702 : Settlement Agreement - $3,500 - Holtrey v. Collier County - 2:16-cv-00034)
16.K.9.a
Packet Pg. 3169 Attachment: Settlement Agreement (3702 : Settlement Agreement - $3,500 - Holtrey v. Collier County - 2:16-cv-00034)
16.K.9.a
Packet Pg. 3170 Attachment: Settlement Agreement (3702 : Settlement Agreement - $3,500 - Holtrey v. Collier County - 2:16-cv-00034)
16.K.9.a
Packet Pg. 3171 Attachment: Settlement Agreement (3702 : Settlement Agreement - $3,500 - Holtrey v. Collier County - 2:16-cv-00034)