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Agenda 11/13/2018 Item #16K 611/13/2018 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a Settlement Agreement in the amount of $19,000 to settle the lawsuit styled June Preston v. Collier County Board of County Commissioners, Case No. 2:18-cv-30-FtM-99CM 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 Federal Court. CONSIDERATIONS: The Plaintiff, June Preston, is a former Collier County Domestic Ani mal Services (“DAS”) Division employee, who was hired in 1995. Ms. Preston had been counseled and disciplined on 5 separate matters between May 2016 and May 2017. Between August 14, 2017 and October 14, 2017, Ms. Preston was in and out on approved FMLA l eave. Approximately two weeks following her return from FMLA, Ms. Preston was terminated for insubordination. Ms. Preston responded to the termination by filing a complaint in Federal Court, alleging that Collier County violated provisions of the Family Medical Leave Act (“FMLA”) including retaliation for having taken the leave. The County Attorney engaged outside counsel in this matter, and the County timely filed an Answer denying the allegations. The parties have completed initial discovery including written discovery. Prior to engaging in Court Ordered Mediation, the parties agreed to a $19,000 payment by the County, subject to Board approval. If agreed to by the Board, no other costs or fees would be due, as the Plaintiff’s attorney’s fees would be paid out of this settlement sum. The County Attorney and Risk Management Director support this Settlement Agreement and recommend Board approval. The County Attorney is recommending that the Board accept this settlement for the following reasons: 1. This case is being handled by outside counsel and due to complexity of the issues this case may ultimately require a jury trial in federal court, and the County’s attorney’s fees may reach as high as $250,000.00 for this litigation. 2. If the County does not prevail at the jury trial, then in addition to the legal fees we could expect to incur, the County would be responsible under federal law for plaintiff’s attorney’s fees, plus whatever damages may be awarded by the jury. 3. Given the multiple allegations, this case requires extensive resources by County staff and outside counsel and has the potential to meet or exceed the anticipated legal fees. 4. The $19,000 settlement amount includes the Plaintiff’s attorney’s fees and costs and is considered nuisance value for an employment claim with multiple allegations of violations of federal and state law. FISCAL IMPACT: Funds in the amount of $19,000 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 16.K.6 Packet Pg. 2118 11/13/2018 Settlement Agreement in the total amount of $19,000 to end a federal employment lawsuit styled June Preston v. Collier County Board of County Commissioners, Case No. 2:18-cv-30-FtM-99CM. Prepared by: Jeffrey A. Klatzkow, County Attorney, and Colleen M. Greene, Assistant County Attorney ATTACHMENT(S) 1. Settlement Agreement and Release-Preston (PDF) 16.K.6 Packet Pg. 2119 11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.6 Doc ID: 7210 Item Summary: Recommendation to approve and authorize the Chairman to sign a Settlement Agreement in the amount of $19,000 to settle the lawsuit styled June Preston v. Collier County Board of County Commissioners, Case No. 2:18-cv-30-FtM-99CM now pending in the United States District Court, Middle District of Florida Fort Myers Division. Meeting Date: 11/13/2018 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Rosa Villarreal 10/31/2018 2:34 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 10/31/2018 2:34 PM Approved By: Review: Risk Management Jeff Walker Additional Reviewer Completed 10/31/2018 2:40 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/05/2018 10:13 AM County Attorney's Office Emily Pepin CAO Preview Completed 11/05/2018 10:40 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/05/2018 10:42 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/05/2018 11:00 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/05/2018 11:05 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/05/2018 11:14 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 16.K.6 Packet Pg. 2120 16.K.6.a Packet Pg. 2121 Attachment: Settlement Agreement and Release-Preston (7210 : Approve Settlement in June Preston v. Collier County, Case No. 2:18-cv-FtM- 16.K.6.a Packet Pg. 2122 Attachment: Settlement Agreement and Release-Preston (7210 : Approve Settlement in June Preston v. Collier County, Case No. 2:18-cv-FtM- 16.K.6.a Packet Pg. 2123 Attachment: Settlement Agreement and Release-Preston (7210 : Approve Settlement in June Preston v. Collier County, Case No. 2:18-cv-FtM- 16.K.6.a Packet Pg. 2124 Attachment: Settlement Agreement and Release-Preston (7210 : Approve Settlement in June Preston v. Collier County, Case No. 2:18-cv-FtM- 16.K.6.a Packet Pg. 2125 Attachment: Settlement Agreement and Release-Preston (7210 : Approve Settlement in June Preston v. Collier County, Case No. 2:18-cv-FtM-