Agenda 06/25/2019 Item #16K 6 (Settlement Agmt-Landon Reed)06/25/2019
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Settlement Agreement in the
amount of $5,000 to settle the lawsuit styled Landon Reed v. Collier County Board of County
Commissioners, Case No. 2:18-cv-350-FtM-29MRM 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, Landon Reed, is a former Collier County Parks and Recreation
Division employee, who was hired in May 2015 as a maintenance specialist. Mr. Reed had been
counseled and disciplined on 8 separate occasions between July 2016 and March 2018 for the repeated
behavioral issues including a disciplinary suspension with a last chance notification; Mr. Reed was
recommended for termination on April 12, 2018. Mr. Reed responded to the termination by filing a
complaint in Federal Court, alleging violations of his First Amendment Rights under the U.S.
Constitution, violations of the Florida Public Whistleblower Law, and unlawful retaliation and wrongful
discharge under Section 440.205, Fla. Stat., Workers’ Compensation Retaliation. 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 $5,000 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 $5,000 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 $5,000 will come out of Fund 516, Property and Casualty
Insurance.
GROWTH MANAGEMENT IMPACT: None.
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RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached
Settlement Agreement in the total amount of $5,000 to end a federal employment lawsuit styled Landon
Reed v. Collier County Board of County Commissioners, Case No. 2:18-cv-350-FtM-29MRM.
Prepared by: Jeffrey A. Klatzkow, County Attorney, and
Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Settlement Agreement- Reed (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 9356
Item Summary: Recommendation to approve and authorize the Chairman to sign a Settlement
Agreement in the amount of $5,000 to settle the lawsuit styled Landon Reed v. Collier County Board of
County Commissioners, Case No. 2:18-cv-350-FtM-29MRM now pending in the United States District
Court, Middle District of Florida Fort Myers Division.
Meeting Date: 06/25/2019
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
06/14/2019 1:52 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/14/2019 1:52 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 06/14/2019 3:16 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/17/2019 9:49 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/17/2019 9:58 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/17/2019 11:34 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 06/17/2019 2:01 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/19/2019 12:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
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Packet Pg. 2657 Attachment: Settlement Agreement- Reed (9356 : Settlement Agreement in Reed v. CCBCC Case No. 2:18-cv-350-FtM-29MRM)
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Packet Pg. 2658 Attachment: Settlement Agreement- Reed (9356 : Settlement Agreement in Reed v. CCBCC Case No. 2:18-cv-350-FtM-29MRM)
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Packet Pg. 2659 Attachment: Settlement Agreement- Reed (9356 : Settlement Agreement in Reed v. CCBCC Case No. 2:18-cv-350-FtM-29MRM)
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Packet Pg. 2660 Attachment: Settlement Agreement- Reed (9356 : Settlement Agreement in Reed v. CCBCC Case No. 2:18-cv-350-FtM-29MRM)
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Packet Pg. 2661 Attachment: Settlement Agreement- Reed (9356 : Settlement Agreement in Reed v. CCBCC Case No. 2:18-cv-350-FtM-29MRM)
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Packet Pg. 2662 Attachment: Settlement Agreement- Reed (9356 : Settlement Agreement in Reed v. CCBCC Case No. 2:18-cv-350-FtM-29MRM)