Agenda 11/13/2018 Item #16K 611/13/2018
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Settlement Agreement in the
amount of $19,000 to settle the lawsuit styled June Preston v. Collier County Board of County
Commissioners, Case No. 2:18-cv-30-FtM-99CM 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 Federal Court.
CONSIDERATIONS: The Plaintiff, June Preston, is a former Collier County Domestic Ani mal
Services (“DAS”) Division employee, who was hired in 1995. Ms. Preston had been counseled and
disciplined on 5 separate matters between May 2016 and May 2017. Between August 14, 2017 and
October 14, 2017, Ms. Preston was in and out on approved FMLA l eave. Approximately two weeks
following her return from FMLA, Ms. Preston was terminated for insubordination.
Ms. Preston responded to the termination by filing a complaint in Federal Court, alleging that Collier
County violated provisions of the Family Medical Leave Act (“FMLA”) including retaliation for having
taken the leave. The County Attorney engaged outside counsel in this matter, and the County timely filed
an Answer denying the allegations.
The parties have completed initial discovery including written discovery. Prior to engaging in Court
Ordered Mediation, the parties agreed to a $19,000 payment by the County, subject to Board approval. If
agreed to by the Board, no other costs or fees would be due, as the Plaintiff’s attorney’s fees would be
paid out of this settlement sum.
The County Attorney and Risk Management Director support this Settlement Agreement and recommend
Board approval. The County Attorney is recommending that the Board accept this settlement for the
following reasons:
1. This case is being handled by outside counsel and due to complexity of the issues this case may
ultimately require a jury trial in federal court, and the County’s attorney’s fees may reach as high
as $250,000.00 for this litigation.
2. If the County does not prevail at the jury trial, then in addition to the legal fees we could expect to
incur, the County would be responsible under federal law for plaintiff’s attorney’s fees, plus
whatever damages may be awarded by the jury.
3. Given the multiple allegations, this case requires extensive resources by County staff and outside
counsel and has the potential to meet or exceed the anticipated legal fees.
4. The $19,000 settlement amount includes the Plaintiff’s attorney’s fees and costs and is considered
nuisance value for an employment claim with multiple allegations of violations of federal and
state law.
FISCAL IMPACT: Funds in the amount of $19,000 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
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11/13/2018
Settlement Agreement in the total amount of $19,000 to end a federal employment lawsuit styled June
Preston v. Collier County Board of County Commissioners, Case No. 2:18-cv-30-FtM-99CM.
Prepared by: Jeffrey A. Klatzkow, County Attorney, and
Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Settlement Agreement and Release-Preston (PDF)
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11/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 7210
Item Summary: Recommendation to approve and authorize the Chairman to sign a Settlement
Agreement in the amount of $19,000 to settle the lawsuit styled June Preston v. Collier County Board of
County Commissioners, Case No. 2:18-cv-30-FtM-99CM now pending in the United States District
Court, Middle District of Florida Fort Myers Division.
Meeting Date: 11/13/2018
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
10/31/2018 2:34 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/31/2018 2:34 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 10/31/2018 2:40 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/05/2018 10:13 AM
County Attorney's Office Emily Pepin CAO Preview Completed 11/05/2018 10:40 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/05/2018 10:42 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/05/2018 11:00 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/05/2018 11:05 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/05/2018 11:14 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM
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Packet Pg. 2121 Attachment: Settlement Agreement and Release-Preston (7210 : Approve Settlement in June Preston v. Collier County, Case No. 2:18-cv-FtM-
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Packet Pg. 2125 Attachment: Settlement Agreement and Release-Preston (7210 : Approve Settlement in June Preston v. Collier County, Case No. 2:18-cv-FtM-