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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)