Agenda 12/01/2009 Item #16K12
Agenda Item No. 16K12
December 1, 2009
Page 1 of 2
EXECUTIVE SUMMARY
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Recommendation to authorize the County Attorney to reject a settlement offer tendered by
the Plaintiff in the lawsuit captioned Mark Holmes v. Collier County Board of
Commissioners pending in the United States District Court for the Middle District of
Florida, Ft. Myers.
OBJECTIVE: To obtain authorization to reject a settlement offer tendered by Plaintiff, Mark
Holmes, in a lawsuit filed against the Board of County Commissioners pending in the United
States District Court, Ft. Myers, Florida, case number 2:09-CY-381-FTM-99SPC.
CONSIDERATIONS: Mark Holmes, an employee with Collier EMS/Fire, served Collier
County with a summons and complaint on June 9, 2009, alleging a denial of procedural due
process in connection with his reinstatement to employment following a disciplinary hearing
recommending his termination. Mr. Holmes subsequently amended his complaint to add
additional counts alleging a violation of the Florida Whistleblower's Act, F.S. 9 112.3187 and a
violation of the Family and Medical Leave Act, 29 U.S.c. 9 2611(4). This action is pending in
the United States District Court for the Middle District of Florida in Ft. Myers. The County has
a motion to dismiss this action pending before the court.
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On or about October 27, 2009, the County's outside counsel with Allen, Norton & Blue, P.A.,
received a proposal for settlement in the amount of $180,000. That proposal had no back-up
documentation or explanation as to how the figure was specifically calculated. Regardless, it is
the opinion of outside counsel and the County Attorney's office that the Plaintiff has failed to
allege a justiciable and meritorious claim for damages. Further, considering the fact that there
has been no discovery undertaken yet in this case and the County's motion to dismiss has not
been ruled upon by the Court, it is our recommendation that the plaintiffs settlement proposal be
rejected.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this case with
the Risk Management Department and its outside counsel and recommends that the Board of
County Commissioners reject the plaintiffs settlement proposal. This item is legally sufficient
for Board action. - SRT
RECOMMENDATION: Authorize the County Attorney to reject the plaintiffs settlement
proposal pertaining to the lawsuit filed against the Board of County Commissioners by Mark
Holmes, which is pending in the United States District Court for the Middle District of Florida,
Ft. Myers.
PREPARED BY:
Scott R. Teach, Deputy County Attorney
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Agenda Item No. 16K12
December 1, 2009
Page 2 of 2
COLLIER COUNTY
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BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K12
Recommendation to authorize the County Attorney to reject a settlement offer tendered by
the Plaintiff in the lawsuit captioned Mark Holmes v. Collier County Board of Commissioners
pending in the United States District Court for the Middle District of Florida, Ft. Myers.
12/1/20099:00:00 AM
Meeting Date:
Prepared By
Scott R. Teach
Deputy County Attorney
Date
County Attorney
County Attorney
11/20/200910:42:23 AM
Approved By
Scott R. Teach
Deputy County Attorney
Date
Counly Attorney
County Attorney
11/20/200910:48 AM
Approved By
OMS Coordinator
Date
County Attorney
County Attorney
11120/20093:20 PM
Approved By
Jeff Klatzkow
County Attorney
Date
11/23/200911 :43 AM
Approved By
John A. Yonkosky
Director ~ Management and Budget
Date
Office of Management &
Budget
Office of Management & Budget
11/23/200911 :46 AM
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