Agenda 06/13/2017 Item #16K106/13/2017
EXECUTIVE SUMMARY
Recommendation for the Board to approve and authorize the Chair to execute the Settlement
Agreement in the civil rights lawsuit styled Dion Jackson (“Uber-G”) vs. City of Naples and County
of Collier, et al., Case No. 2:15-cv-666-FtM-99cm, now pending in the U.S. Middle District Court of
Florida. (Fiscal Impact $11,000)
OBJECTIVE: Recommendation to approve the proposed settlement in the lawsuit filed by Dion
Jackson for the total sum of $11,000 and authorize the Chair to execute the Settlement Agreement.
CONSIDERATIONS: This lawsuit was served on the County and individual Defendants on February 7,
2017. The suit alleged claims for relief resulting from the alleged unlawful detention of Plaintiff Dion
Jackson, an Uber driver, by County Code Enforcement Investigators on June 27, 2015, for violating the
County’s former Vehicle for Hire Ordinance. The lawsuit named the following as Defendants: (1) The
City of Naples and County of Collier; (2) Commissioner Donna Fiala; (3) Commissioner Penny Taylor;
(4) Commissioner Tom Henning (former); (5) Commissioner Georgia A. Hiller (former); (6)
Commissioner Tim Nance (former); (7) Jeff Wright (former Code Enforcement Director); (8) Amy
Lyberg (current Human Resources Director); (9) Jeff Letourneau (current Code Enforcement Manager);
(10) Eric Short (current Code Enforcement Supervisor); (11) Patrick Baldwin (former Code Enforcement
employee); (12) Jonathan Musse (current Code Enforcement Investigator); (13) John Connetta (current
Code Enforcement Specialist); and (14) Jason Bridwell (current Code Enforcement Supervisor).
Collier County Resolution No. 95-632 sets forth the Board’s policy regarding providing a defense and
paying legal expenses of County Commissioners, employees and advisory board members who are sued
individually in lawsuits. Pursuant to this resolution, the Board authorized retention of outside counsel at
the February 28, 2017 Board meeting (Item 16-K-14). Robert Shearman of Henderson, Franklin, Starnes
& Holt, P.A., was subsequently retained to represent the named County defendants.
On June 6, 2017, to minimize defense costs, the County Attorney conducted an early mediation wherein
the attached settlement was reached for $11,000. It is the opinion of the County Attorney that (1)
although there is no material liability arising out of this case, the defendant is representing himself, and
Courts are reluctant to grant early dismissals in such cases; (2) litigation costs in successfully defending
this case through a likely trial would be substantial; (3) this settlement will not establish any precedent, as
the Code Enforcement actions that led to this were unusual (though fully lawful) and the underlying
ordinance sought to be enforced was repealed for wholly unrelated reasons; accordingly, (4) this
settlement is in the best interests of the Collier County taxpayers.
The Risk Management Department participated in the mediation and recommends approval of the
proposed Settlement Agreement.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty Insurance fund
and the total fiscal impact will be $11,000.
RECOMMENDATION: For the Board of County Commissioners to accept the proposed settlement
reached in the lawsuit styled Dion Jackson (“Uber-G”) vs. City of Naples and County of Collier, et al.,
Case No. 2:15-cv-666-FtM-99cm, now pending in the U.S. Middle District Court of Florida, and
authorize the Chair to execute the Settlement Agreement.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
16.K.1
Packet Pg. 1220
06/13/2017
ATTACHMENT(S)
1. Proposed Settlement Agreement - Uber (PDF)
16.K.1
Packet Pg. 1221
06/13/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 3330
Item Summary: Recommendation for the Board to approve and authorize the Chair to execute the
Settlement Agreement in the civil rights lawsuit styled Dion Jackson (“Uber-G”) vs. City of Naples and
County of Collier, et al., Case No. 2:15-cv-666-FtM-99cm, now pending in the U.S. Middle District
Court of Florida. (Fiscal Impact $11,000)
Meeting Date: 06/13/2017
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
06/07/2017 9:58 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/07/2017 9:58 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/07/2017 10:04 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 06/07/2017 10:08 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/07/2017 1:11 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/07/2017 2:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/13/2017 9:00 AM
16.K.1
Packet Pg. 1222
16.K.1.a
Packet Pg. 1223 Attachment: Proposed Settlement Agreement - Uber (3330 : Settlement Agreement re: “Uber-G”)
16.K.1.a
Packet Pg. 1224 Attachment: Proposed Settlement Agreement - Uber (3330 : Settlement Agreement re: “Uber-G”)
16.K.1.a
Packet Pg. 1225 Attachment: Proposed Settlement Agreement - Uber (3330 : Settlement Agreement re: “Uber-G”)
16.K.1.a
Packet Pg. 1226 Attachment: Proposed Settlement Agreement - Uber (3330 : Settlement Agreement re: “Uber-G”)