Agenda 08/22/2023 Item #16K 1 (Settlement agreement - Joseph Frantz v. BCC)08/22/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in the amount
of $22,500 to settle the lawsuit styled Joseph Frantz v. Collier County Board of County Commissioners, Case
No. 2:22-cv-300 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 American with Disabilities
(“ADA”) discrimination.
CONSIDERATIONS: The Plaintiff, Joseph Frantz, is a former Superintendent of the Collier County Road
Maintenance Division. Mr. Frantz 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.
Plaintiff is seeking lost wages and benefits, reinstatement, and attorneys’ fees and costs. Settling this case settles all
claims, current or future, including the alleged FMLA violations.
The parties completed initial discovery including written discovery and the County’s deposition of the Plaintiff, Mr.
Frantz. Prior to Court-ordered mediation, Mr. Frantz’ attorney contacted the County Attorney’s outside counsel to
discuss settlement to save the cost of mediation and future litigation and to negotiate an early settlement. The
parties agreed to a $22,500 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 as reasonable. The
County Attorney is recommending that the Board accept this settlement for the following reasons:
1. This proposed settlement is lower than the expected cost to prepare and file a Motion for Summ ary
Judgment and proceed with further litigation up to and including trial. Attorney’s fees for a federal jury
trial would start at approximately $75,000 and potentially exceed $100,000.
2. If the County does not prevail, then in addition to the legal fees that the County expects 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 $22,500 will come out of Fund 5016, Property and Casualty
Insurance.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approves and authorizes the Chairman to execute the attached
Settlement Agreement in the total amount of $22,500 to end a federal employment lawsuit.
PREPARED BY: Colleen M. Greene, Managing Assistant County Attorney
Michael Quigley, Division Director
ATTACHMENT(S)
1. Frantz- Collier County - Settlement Agreement (final) (PDF)
16.K.1
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08/22/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 26210
Item Summary: Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in
the amount of $22,500 to settle the lawsuit styled Joseph Frantz v. Collier County Board of County Commissioners,
Case No. 2:22-cv-300 now pending in the United States District Court, Middle District of Florida Fort Myers
Division.
Meeting Date: 08/22/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
07/25/2023 3:10 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/25/2023 3:10 PM
Approved By:
Review:
Risk Management Michael Quigley Additional Reviewer Completed 08/15/2023 11:55 AM
County Attorney's Office Colleen Greene Level 2 County Attorney Review Completed 08/15/2023 2:14 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/15/2023 2:30 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2023 2:40 PM
Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 08/16/2023 8:44 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/16/2023 2:38 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/22/2023 9:00 AM
16.K.1
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Page 1 of 4
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSEPH FRANTZ, CIVIL ACTION
Case No. 2:22-cv-300-JES-
NPM
Plaintiff,
v.
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS,
Defendant.
SETTLEMENT AGREEMENT AND RELEASE
THIS AGREEMENT is entered into by and between JOSEPH FRANTZ, his
successors in interest, heirs, and assigns (hereinafter “FRANTZ”) and the COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS, its board members, officers,
agents, and employees, past, present, and future (hereinafter the “COUNTY”) as of
the date of the COUNTY signature on the signature page herein.
WHEREAS, FRANTZ filed a civil action as styled above against the COUNTY,
pending in the United States District Court, Middle District of Florida, Fort Myers
Division, alleging claims under the Family and Medical Leave Act (“FMLA”); and
WHEREAS, the COUNTY specifically denies any and all liability, violations of
law, and alleged wrongdoing; and
WHEREAS, the parties wish to avoid the costs of litigation and resolve all
disputes and disagreements between them amicably;
WHEREAS, FRANTZ and his attorney agree and covenant to fully comply with
all applicable Medicare laws, liens, and Set-Asides, specifically including Section 42
USC §1395y; and
WHEREAS, FRANTZ agrees to be responsible for any tax consequences or
liabilities, if any, as a result of this Settlement Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, FRANTZ and the COUNTY, for
themselves, their successors, and assigns, hereby agree as follows:
DocuSign Envelope ID: D49345B1-DBE5-4059-A05F-BE18F57EBF1B
16.K.1.a
Packet Pg. 1055 Attachment: Frantz- Collier County - Settlement Agreement (final) (26210 : Approve and authorize the Chairman to execute a Settlement
Page 2 of 4
1. The parties adopt and incorporate the foregoing recitals, sometimes
referred to as “Whereas Clauses”, by reference into this Settlement Agreement and
Release.
2. Payments: The COUNTY shall pay to FRANTZ the following within
thirty (30) days after the COUNTY’S approval and execution of this Agreement. The
COUNTY shall pay FRANTZ, through his attorney, the gross sum of TWENTY TWO
THOUSAND FIVE HUNDRED DOLLARS and 00/100 ($22,500), which sum is to be
paid in two separate checks as follows:
(a) The gross sum of Thirteen Thousand Five Hundred Dollars
($13,500.00) of the Settlement Proceeds paid hereunder constitute wage items and
are therefore subject to wage withholdings, including FICA and FUTA. This amount,
net of the required taxes/withholdings, shall be made payable to “Joseph Frantz” and
reported on IRS Form W2.
(b) The remaining sum of Nine Thousand Dollars ($9,000.00) of the
Settlement Proceeds paid hereunder constitute attorney’s fees and/or costs. This
amount shall be made by check payable to “YEDL, P.A”., for which a 1099 shall issue.
3. Within five (5) days of receipt of the Settlement Proceeds, FRANTZ
agrees to file a Notice of Dismissal, With Prejudice, of the lawsuit, and/or file any
other documents required by the Court, or the Federal Rules of Procedure, or the
Middle District Local Rules, to dismiss the lawsuit.
4. Conditions Precedent: FRANTZ’S execution of the Settlement
Agreement and Release, delivery of it to the COUNTY, and approval and execution
by the COUNTY are conditions precedent to the obligation of the COUNTY to make
the payments to FRANTZ.
5. Release: FRANTZ hereby covenants not to sue, and fully releases and
discharges the COUNTY with respect to and from any and all claims, wages,
demands, rights, liens, agreements, contracts, actions, suits, obligations, debts,
damages, judgments of whatever kind or nature in law, equity or otherwise, whether
now known or unknown, arising out of or in any way connected with FRANTZ’S
employment with or separation from employment with the COUNTY.
6. Specific Release: Without limiting the generality of the foregoing, this
Release also specifically pertains to any claim (state, federal, statutory,
administrative, or common law) under Title VII of the Civil Rights Act of 1964 as
amended; the Age Discrimination in Employment Act, as amended; Older Workers'
Benefit Protection Act; Florida Civil Rights Act of 1992 (F.S. §760.01-760.11 and
§509.092) as amended; Americans With Disabilities Act of 1990 (ADA); The
Americans With Disabilities Act Amendments Act of 2008 (ADAAA), as amended; the
Family and Medical Leave Act of 1993 (FMLA); The Fair Labor Standards Act
DocuSign Envelope ID: D49345B1-DBE5-4059-A05F-BE18F57EBF1B
16.K.1.a
Packet Pg. 1056 Attachment: Frantz- Collier County - Settlement Agreement (final) (26210 : Approve and authorize the Chairman to execute a Settlement
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(FLSA); the Employee Retirement Income Security Act of 1974; The Reconstruction
Era Civil Rights Act, 42 U.S.C. § 1983; any common law or statutory wrongful
discharge or retaliatory discharge theory; any claim for breach of contract (express or
implied); any claim for breach of any covenant of good faith and fair dealing (express
or implied); or any claim for severance pay, bonus, sick leave, straight time, overtime,
holiday pay, life insurance, health or medical insurance, or any other fringe benefit.
7. References: The COUNTY agrees that if presented with a request for a
job reference relating to FRANTZ it shall provide dates of employment, rates of pay,
and positions held. However, FRANTZ understands and agrees that under the
Florida Public Records Law, Chapter 119, Florida Statutes, the COUNTY may be
required to, upon request by any third party, disclose documents pertaining to him
and/or his employment with the COUNTY, including this Agreement, as the
COUNTY will comply with all federal, state, and local laws requiring disclosure of
public records.
8. Future Applications. FRANTZ hereby waives any right to apply or
reapply for employment with the COUNTY and agrees that such application would
be a breach of this Agreement and that the COUNTY may disregard any such
application. Any refusal by the COUNTY to hire or rehire FRANTZ may not be the
basis of any lawsuit or administrative proceeding; nor may it be used as evidence of
or constitute a violation of any federal, state, or local law or regulation, or breach of
contract or any obligation imposed under common law.
9. Entire Agreement: This Settlement Agreement and Release constitutes
the complete agreement and understanding regarding FRANTZ’S settlement with
the COUNTY. No statement, representation, warranty, or covenant has been made
by either party with respect to the subject matter hereof except as expressly set forth
herein. This Settlement Agreement and Release may be amended or waived if, and
only if, such amendment or waiver is in writing and signed by the parties to this
Settlement Agreement and Release. It is not and shall not be interpreted or
construed as an admission or indication that the COUNTY has engaged in any
wrongful or unlawful conduct of any kind, and the COUNTY specifically denies any
such conduct.
10. Severability: If any provision herein is deemed to be unenforceable
under applicable law, such provision shall be severed from the Settlement Agreement
and Release to the extent possible, consistent with the intent and purposes of the
Settlement Agreement and Release and the remaining provisions shall be given full
force and effect.
SIGNATURE PAGE TO FOLLOW
DocuSign Envelope ID: D49345B1-DBE5-4059-A05F-BE18F57EBF1B
16.K.1.a
Packet Pg. 1057 Attachment: Frantz- Collier County - Settlement Agreement (final) (26210 : Approve and authorize the Chairman to execute a Settlement
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IN WITNESS WHEREOF, FRANTZ and the COUNTY have signed and sealed this
Agreement and Release as set forth below:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:______________________________ Date:_________
Rick LoCastro, Chairman
Approved as to form and legality:
By:_________________________ Date:_________
Colleen M. Greene
Assistant County Attorney
JOSEPH FRANTZ
By: ______________________________ Date:_________
Benjamin Yormak, Esq.
Attorney for Plaintiff
By: ______________________________ Date:_________
Joseph Frantz, Plaintiff
DocuSign Envelope ID: D49345B1-DBE5-4059-A05F-BE18F57EBF1B
8/10/2023
8/10/2023
16.K.1.a
Packet Pg. 1058 Attachment: Frantz- Collier County - Settlement Agreement (final) (26210 : Approve and authorize the Chairman to execute a Settlement