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Agenda 12/01/2009 Item #16K12 Agenda Item No. 16K12 December 1, 2009 Page 1 of 2 EXECUTIVE SUMMARY ~ Recommendation to authorize the County Attorney to reject a settlement offer tendered by the Plaintiff in the lawsuit captioned Mark Holmes v. Collier County Board of Commissioners pending in the United States District Court for the Middle District of Florida, Ft. Myers. OBJECTIVE: To obtain authorization to reject a settlement offer tendered by Plaintiff, Mark Holmes, in a lawsuit filed against the Board of County Commissioners pending in the United States District Court, Ft. Myers, Florida, case number 2:09-CY-381-FTM-99SPC. CONSIDERATIONS: Mark Holmes, an employee with Collier EMS/Fire, served Collier County with a summons and complaint on June 9, 2009, alleging a denial of procedural due process in connection with his reinstatement to employment following a disciplinary hearing recommending his termination. Mr. Holmes subsequently amended his complaint to add additional counts alleging a violation of the Florida Whistleblower's Act, F.S. 9 112.3187 and a violation of the Family and Medical Leave Act, 29 U.S.c. 9 2611(4). This action is pending in the United States District Court for the Middle District of Florida in Ft. Myers. The County has a motion to dismiss this action pending before the court. .,,- On or about October 27, 2009, the County's outside counsel with Allen, Norton & Blue, P.A., received a proposal for settlement in the amount of $180,000. That proposal had no back-up documentation or explanation as to how the figure was specifically calculated. Regardless, it is the opinion of outside counsel and the County Attorney's office that the Plaintiff has failed to allege a justiciable and meritorious claim for damages. Further, considering the fact that there has been no discovery undertaken yet in this case and the County's motion to dismiss has not been ruled upon by the Court, it is our recommendation that the plaintiffs settlement proposal be rejected. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this case with the Risk Management Department and its outside counsel and recommends that the Board of County Commissioners reject the plaintiffs settlement proposal. This item is legally sufficient for Board action. - SRT RECOMMENDATION: Authorize the County Attorney to reject the plaintiffs settlement proposal pertaining to the lawsuit filed against the Board of County Commissioners by Mark Holmes, which is pending in the United States District Court for the Middle District of Florida, Ft. Myers. PREPARED BY: Scott R. Teach, Deputy County Attorney .~. Agenda Item No. 16K12 December 1, 2009 Page 2 of 2 COLLIER COUNTY "'" BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K12 Recommendation to authorize the County Attorney to reject a settlement offer tendered by the Plaintiff in the lawsuit captioned Mark Holmes v. Collier County Board of Commissioners pending in the United States District Court for the Middle District of Florida, Ft. Myers. 12/1/20099:00:00 AM Meeting Date: Prepared By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 11/20/200910:42:23 AM Approved By Scott R. Teach Deputy County Attorney Date Counly Attorney County Attorney 11/20/200910:48 AM Approved By OMS Coordinator Date County Attorney County Attorney 11120/20093:20 PM Approved By Jeff Klatzkow County Attorney Date 11/23/200911 :43 AM Approved By John A. Yonkosky Director ~ Management and Budget Date Office of Management & Budget Office of Management & Budget 11/23/200911 :46 AM ,"~. ---...-. ,.~_."..m__ --~'._~-~- ,.~_.~,,--_. . I -- .-.