Agenda 11/18/2014 Item # 16K311/18/2014 16.K.3.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to pursue an appeal in the case entitled
Penny Phillippi v. Collier County, Case No. 14- 416 -CA.
OBJECTIVE: To appeal an adverse decision by the Trial Court which granted Ms. Phillippi's
Motion for Summary Judgment and awarded severance damages and attorney's fees to Ms.
Phillippi.
CONSIDERATIONS: On September 30, 2014, the Trial Court granted Ms. Phillippi's Motion
for Summary Judgment and awarded Ms. Phillippi severance damages ($42,394.23 plus
prejudgment interest for a total of $45,877.32) and attorney's fees pursuant to Section 448.08,
Fla. Stat. The Court reserved jurisdiction to determine the amount of the attorney's fees
(estimated to be $22,000). The Trial Court's Order is attached together with the Hearing
Transcript of the Court's ruling. It is the position of the County Attorney that the decision is in
error and that as a matter of law Ms. Phillippi is entitled to neither severance damages nor
attorney's fees in that (1) the Board appropriately utilized its Reconsideration Procedure,
rescinded the contract extension that had been awarded, and offered a month -to -month extension
under the tenns of the original agreement; and (2) shortly thereafter, Ms. Phillippi voluntarily
resigned her position with Collier County in a letter dated January 28, 2013 (attached hereto).
The County's deadline to file a Notice of Appeal in this matter is Monday, November 24, 2014
The core issue here is identical to the Chris Curry appeal, which is the validity of the Board's
Reconsideration Ordinance. If Courts are unwilling to recognize and enforce the Board's
exercise of this procedural rule, the Reconsideration Ordinance will need to be substantially
revised, as there would never be certainty in the Board's taking such action.
FISCAL IMPACT: Outside counsel costs are expected to be under $5,000, as the bulk of the
appellate work will be done in- house. There is the possibility that additional attorney's fees
could be awarded if the appeal is unsuccessful.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the County Attorney be directed to pursue an appeal in the case
entitled Penny Phillippi v. Collier County, Case No. 14- 416 -CA.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
Attachments:
(1) Order dated October 27, 2014; (2) Partial Transcript of the Summary Judgment Hearing
dated September 30, 2014; and (3) Ms. Phillippi's Letter of Resignation dated January 28, 2013.
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11/18/2014 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to direct the County Attorney to pursue an appeal in
the case entitled Penny Phillippi v. Collier County, Case No. 14- 416 -CA.
Meeting Date: 11/18/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
11/6/2014 l l: l 1:13 AM
Approved By
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 11/6/2014 4:56: l 6 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngtnt Svs, Office of Management & Budget
Date: 11/7/2014 8:51:06 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/7/2014 11:35:59 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1 1/] 0/2014 10:29:57 AM
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11/18/2014 16.K.3.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIRCUIT CIVIL
PENNY PHILLIPPI,
Plaintiff,
Case No. 2014 CA 416
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COLLIER COUNTY, a political
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ORDER GRANTING PLAINTIFF'S MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE having come before this Honorable Court upon Plaintiff s Motion for Final
Summary Judgment, and the Court having heard arguments of counsel, and being otherwise fully
advised in the premises, it is hereby
ORDERED and ADJUDGED that Plaintiff s Motion for Final Summary Judgment is
GRANTED on the following grounds:
1. The Collier County Board of County Commissioners entered into a written contract with
the plaintiff on November 13, 2012. The Employment Agreement was for three years and
included the right to severance benefits if the county terminated the agreement.
2. The Board of County Commissioners rescinded its written agreement on January 22,
2013. At the same meeting, the Board of County Commissioners offered the Plaintiff a
replacement month-to -month contract.
3. Collier County's contention that it is authorized to execute contracts and then rescind
them through its reconsideration ordinance is without merit. The reconsideration
ordinance does not provide the Collier County immunity for its actions in breaching
written contract.
4. Under the totality of the circumstances, the Court additionally finds that there was not any
type of voluntary resignation.
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11/18/2014 16.K.3.
5. The court finds that the Plaintiff is entitled to attorneys fees pursuant to Florida Statute
448.08 and reserves for determination of the amount to be awarded.
6. As a result of the foregoing, the court grants the Plaintiff's Summary Final Judgment
motion in the amount of $42,394.20 as set forth in said motion, plus prejudgment interest
from January 22, 2013 through October 23, 2014 in the amount of $3,526.28 for a total of
$45,920.48.
d
DONE and ORDERED in Chambers at Collier County, Naples, Florida this yDay of
October, 2014.
s
Hon able J s R. Shenko
Cir h Judge
Copies provided electronically to:
Gregory N. Woods, Esquire (gwoods @lawfn=aples.com)
Colleen Greene, Esquire (colleenegreene @colliergov.net)
Joseph D. Stewart, Esquire 6stewart@jdslegal.com)
Page 2 of 2
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11/18/2014 16.K.3.
IN THE 20TH JUDICIAL CIRCUIT COURT
IN AND FOR COLLIER COUNTY, FLORIDA
CASE NO. 14 -CA -416
PENNY PHILLIPPI,
Plaintiff(s),
V.
COLLIER COUNTY, a political
subdivision of the State of Florida,
Defendant(s).
EXCERPT FROM,
TRANSCRIPT OF PROCEEDINGS
(Ruling of the Court)
DATE TAKEN: September 30, 2014
TIME: 1:30 p.m.
PLACE: Collier County Courthouse
BEFORE: Honorable James Shenko
This cause came on to be heard at the time and
place aforesaid, when and where the following
proceedings were reported by:
Elizabeth M. Brooks, RPR, FPR
Gregory Court Reporting Service, Inc.
2650 Airport Road South
Naples, FL 34112
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APPEARANCES
For the Plaintiff(s): JOSEPH D. STEWART, ESQ.
Joseph D. Stewart, P.A.
2671 Airport Road South
Suite 302
Naples, FL 34112
For the Defendant(s): GREGORY N. WOODS, ESQ.
Woods, Weidenmiller,
Michetti & Rudnick, PL
9045 Strada Stell Court
Suite 400
Naples, FL 34109
GREGORY COURT REPORTING SERVICE
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(The following is an excerpt from the
proceedings:)
THE COURT: The Court is prepared to make a
ruling.
The Court has reviewed all of the submissions
from both counsel, which, frankly, took much more
time to review than the hearing. And I thank you
for that. It helps clarify everything for me.
It does appear that there was a meeting with
the Board of County Commissioners on November 13th,
2012, in which there was a signed contract, which
was referenced by Mr. Stewart in his opening
comments; that the Board then met on January 22nd,
2013. At that time there was a three -to -two vote
to rescind what had previously been a signed
contract and restoring the contract to
month -to- month.
The Court has reviewed the ordinance also --
ordinances also that had been referenced by counsel
for the County, and does not see where that
ordinance actually provides any immunity for their
actions in breaching a signed agreement. And
Mr. Stewart's suggestion is that maybe they ought
not to be signed until they have the second meeting
GREGORY COURT REPORTING SERVICE
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or the 30 days, but there is nothing in there that
seems to provide immunity for the County.
Under the totality of the circumstances in
this case, the Court is additionally not finding
that there was any type of voluntary resignation.
Also in reviewing the case law that was
submitted and the arguments today, the Court does
find that there is an entitlement to attorney's
fees and the Court reserves on an amount.
The Court was provided numerous submissions by
counsel, and the Court notes that under Tab 1, Page
2, heading called Damages, referenced by counsel
for the plaintiff, Mr. Stewart, outlined is the
detailed request for loss of severance pay. The
Court accepts those calculations as accurate. And
the Court recognizes that there may need to be some
slight adjustment for prejudgment interest.
The Court is reserving jurisdiction to hear a
fee hearing at a later date, if necessary, and
respectfully requests that Mr. Stewart prepare a
proposed order consistent with this ruling.
MR. STEWART: Excuse me, Judge.
THE COURT: That you prepare a proposed order.
MR. STEWART: Do you want me to just simply
grant the motion to incorporate Your Honor's
GREGORY COURT REPORTING SERVICE
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rulings in it?
THE COURT: I believe that it should be
granted, but you probably ought to incorporate the
damages outlined that you've given to the Court.
And also indicate the basis, that the Court did not
believe that she ordinance provides immunity for
the County per the reconsideration ordinance.
Thank you. We're adjourned.
(Proceedings adjourned at 11:10 a.m.)
GREGORY COURT REPORTING SERVICE
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CERTIFICATE OF REPORTER
STATE OF FLORIDA
COUNTY OF COLLIER
I, Elizabeth M. Brooks, Registered
Professional Reporter, Florida Professional Reporter, do
hereby certify that I was authorized to and did report
the foregoing proceedings, and that the transcript is a
true and correct record of my stenographic notes.
DATED this 3rd day of October, 2014, at
Naples, Collier County, Florida.
Elizabeth M. Brooks
Registered Professional Reporter
Florida Professional Reporter
GREGORY COURT REPORTING SERVICE
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CRA Governing Board
Commissioner
Donna Fiala
Chairwoman
Commissioner
Tom Henning
Commissioner
Tint Nance
Commissioner
Fred W. Coyle
Commissioner
Georgia Hiller
CRA Advisory Board
Michael "Mike" Facundo
Chairman
Edward "Ski" Olesky
Jeffrey Randall
Robert Haiman
Fx- officio
Julio Estremcra
Carrie Williams
Dan Rosario
Crislina Perez
Floyd Crc%vs
James Wall
Bvu Deyo
CRA Staff
Penny Phill ippi
Executive Director
239.252.2310
Bradley Muckel
Project Manager
239.252.5549
Christie Betancourt
Administrative Assistant
239.252.2313
Marie Capita
Manager
fBDC
239169.9629
James sanvihts
Project Manager
MSTU
239.867.4121
11/18/2014 16.K.3.
Collier County Community Redevelopment Agency
IMMOKALEE CRA,
The Place to Call Home !
January 28, 2013
The Honorable Donna Fiala
Chairwoman
Collier County Community Redevelopment Agency
3299 Tamiami Trail East
Naples, FL 34112
Dear Ms. Fiala:
I am writing to notify you that I am resigning from my position as Executive Director
of the Collier County Community Redevelopment Agency in Immolcalee. My last day
of employment will be February 8, 2013.
Although my departure is bitter sweet, I am grateful for having had the opportunity to
serve as Director of this fine agency and to have served within this community. I also
appreciate your professional guidance and support and wish you and the CRA the best
of success in your fiiture endeavors.
Very sincerely,
Penny Ph9lippi
Executive Director
Collier County
Community Redevelopment Agency - Immolcalee
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