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BCC Minutes 05/22/2007 Closed Session (#12B-Litsinger) MINUTES Litsinger May 22 , 2007 Printer Friendly Version Page 1 of 4 Collier County print Paoli Close Window fi CLERK OF TlE CIRCUIT COURT Case Information Styles WILLIAM S LITSINGEP vs COLLIER COUNTY Fl. Uniform Case Number: 112006CA0004320001XX Flied:03/17/2006 Clesim Case Numbers 0600432CA Court Types CIRCUIT CIVIL Disposition Judges CARLTON,CHARLES T Case Types OTHER CIRCUIT CIVIL WRIT Disposed:08/29/2007 Judge:CARLTON,CHARLES T Reopen Reason: Case Statues DISPOSED Reopened: Next Court Dates 00/00/0000 Reopen Closes Last Docket Dab:08/29/2007 Appealed: Pasties Name Type DOI City,State,Zip LTTSINGER,WILLIAM S PLAINTIFF COWER COUNTY FL DEFENDANT COYLE INDMDUALLY,FRED W DEFENDANT HUBBARD,JACQUELINE WILLIAMS DEFENDANT'S ATTORNEY NAPLES,FL 34112 GOLD,SAMUEL C PLAINTIFF'S ATTORNEY NAPLES,FL 34107 POTANOVIC,JOHN F DEFENDANTS ATTORNEY FT MYERS,FL 33902 Dockets Date Text 02/22/2006 NOTICE OF TAKING DEPOSITION OF JEAN MERRITT 02/22/2006 NOTICE OF TAKING DEPOSITION OF AMY PATTERSON 02/22/2006 NOTICE OF TAKING DEPOSITION OF LEO OCHS 03/17/2006 CORRESPONDENCE FROM COUNSEL TO CLERK 03/17/2006 CIVIL COVER SHEET 03/17/2006 COMPLAINT,DEMAND FOR JURY TRIAL 03/22/2006 SUMMONS ISSUED(2)COLLIER COUNTY FLORIDA&FRED W COLEY SENT TO COLLIER COUNTY SHERIFF 03/31/2006 UNEXECUTED SHERIFF'S RETURN SUMMONS FRED COYLE 03/31/2006 UNEXECIITED SHERIFF'S RETURN SUMMONS COLLIER COUNTY BOARD OF COMMISSIONERS 05/01/2006 DIVISION JUDGE REASSIGNMENT ORDER FROM:TED H BROUSSEAU TO: FREDERICK HARDT ORDERED BY HUGH 0 HAYES ON 04/18/2006 05/03/2006 ANSWER&AFFIRMATIVE DEFENSES FRED W COYLE 05/03/2006 MOTION TO DISMISS AS TO COUNT III/FRED W COYLE 05/04/2006 WAIVER OF SERVICE OF PROCESS BY JACQUELINE WILLIAMS HUBBARD ESQ FOR COWER COUNTY 05/30/2006 MOTION TO DISMISS BY COLLIER COUNTY FLORIDA 06/08/2006 MOTION FOR PARTIAL SUMMARY JUDGMENT PLAINTIFFS 06/08/2006 MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGME PARTIAL 06/ZZ/Z006 NOTICE OF UNAVAILABIUTY OF JACQUELINE W HUBBARD ESQ FROM 6/28/06- 7/4/06 06/26/2006 NOTICE OF TAKING DEPOSITION JAMES MUDD 06/26/2006 NOTICE OF TAKING DEPOSITION JAMES MUDD 06/27/2006 NOTICE OF TAKING DEPOSITION JAMES COLETTA httpJ/apps.collierclerk.com/public inquiry/Case.aspx7UCN=112006CA0004320001 XX&... 4/18/2013 Printer Friendly Version Page 2 of 4 07/01/2006 DIVISION JUDGE REASSIGNMENT ORDER FROM:FREDERICK HARDT TO:CYNTHIA A ELLIS ORDERED BY HUGH D HAYES ON 04/18/2006 07/06/2006 RESPONSE TO REQUEST FOR ADMISSIONS BY FRED W COYLES 07/06/2006 NOTICE OF SERVICE OF ANSWERED INTERROGATORIES(1ST)BY FRED W COYLES 07/06/2006 REPLY TO REQUEST FOR PRODUCTION BY FRED W COYLES 07/06/2006 MOTION FOR PROTECTIVE ORDER BY FRED W COYLE 07/06/2006 NOTICE OF SERVICE OF ANSWERED INTERROGATORIES BY COLLIER COUNTY 07/07/2006 NOTICE OF ADOPTION OF MOTION FOR PROTECTIVE ORDER/COLLIER COUNTY 07/10/2006 MEMORANDUM OF LAW IN OPPOSITION TO MOTION FOR PROTECTIVE ORDER BY PLTF 07/10/2006 PROCEEDING MOTION HEARING ON:07/10/2006®13:00 07/10/2006 PRESIDING JUDGE: PIVACEK,CYNTHIA A 07/10/2006 PLAINTIFFS ATTY DEES 6 DEFENDANTS ATTYS POTANOVIC 6 HUBBARD AU. 07/10/2006 PRESENT TELE PHONICALLY/MOTION FOR PROTECTIVE ORDER REGARDING THE 07/10/2006 DEPOSITIONS OF JAMES MUDD 6 JAMES COLETTA GRANTED/THE DEPOSITIONS 07/10/2006 WILL SE SCHEDULED AFTER SEPTEMBER 7TH,2006/ATTY POTANOVIC WILL 07/10/2006 PREPARE THE ORDER-THE ATTYS WILL COORDINATE THE DEPOSITIONS WHICH _ 07/10/2006 WILL BE PUT IN THE ORDER 07/10/2006 FAX CORRESPONDENCE COVER SHEET 07/10/2006 NOTICE OF HEARING;CERTIFICATE OF SERVICE MOTION FOR PROTECTIVE ORDER 7/10/6 AT 1 PM 07/10/2006 MOTION FOR PROTECTIVE ORDER 0/5/0 DEFENDANT FRED W COYLE 07/13/2006 CORRESPONDENCE FROM COUNSEL TO JUDGE 07/13/2006 ORDER GRANTING DISMISSAL OF APPEAL FOR PROTECTIVE ORDER S/ELLIS 7/13/06 07/13/2006 NOTICE OF FILING AFFIDAVIT OF SUPPORT OF MOTION FOR PROTECTIVE ORDER 07/13/2006 AFFIDAVIT IN SUPPORT OF MOTION FOR PROTECTIVE ORDER 08/22/2006 CORRESPONDENCE FROM COURT REPORTER 08/22/2006 MOTION FOR LEAVE TO AMEND COMPLAINT WILLIAM S LITSINGER 08/22/2006 NOTICE OF FILING DEPOSMON OF JOSEPH K SCHMI7T , 08/22/2006 DEPOSITION OF JOSEPH SCHMTIT 09/158006 NOTICE OF HEARING 10/9/06.1:00 ON PLAINTIFFS NOTICE OF SUMMARY JUDGMENT HEARING 10/06/2006 NOTICE OF UNAVAILABILITY COLLIER COUNTY 10/13/06-10/17/06 10/09/2006 PROCEEDING MOTION HEARING ON: 10/09/2006®13:00 10/09/2006 PRESIDING JUDGE:PIVACEC,CYNTHIA A 10/09/2006 PLAINTIFFS ATTY GOLD PRESENT/DEFENANT COLLIER COUNTYS ATTY HUBBARD 10/09/2006 PRESENT/DEFENDANT FRED W COYLE&ATTY POTANOVIC NOT PRESENT/MOTION FOR 10/09/2006 SUMMARY JUDGMENT HEARING WILL BE POSTPONE IN ORDER TO HAVE DEFENDANTS 10/09/2006 ATTY POTANOVIC PRESENT/ATTY GOLD WILL RESET THE HEARING , 10/23/2006 NOTICE OF TAKING DEPOSITION WILLIAM S LITSINGER 12/14/006 9:00AM BY DEFENDANT COYLES 11/13/2006 MOTION TO DISMISS SUPPLJEMENTAL/OR TO STRIKE CLAIM FOR PUNITIVE DAMAGES BY COLLIER COUNTY 12/14/2006 RENOTICE OF TAKING DEPOSITION WILLIAM S LITSINGER 01/04/2007 RENOTICE OF TAKING DEPOSITION(2ND)OF WILLIAM S LITSINGER 01/18/2007 NOTICE OF FILING DEPOSITION OF FRED COYLE 01/18/2007 DEPOSITION OF FRED COYLE 11/2/06 01/19/2007 AFFIDAVIT IN OPPOSITION TO MOTION FOR SUMMARY JUDG PARTIAL , 01/19/2007 NOTICE OF FILING DEPOSITION OF JOSEPH SCHMITT http://apps.collierclerk.com/public inquiry/Case.aspXNCNN112006CA0004320001XX&... 4118/2013 Printer Friendly Version Page 3 of 4 01/19/2007 MEMORANDUM OF LAW IN OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT BY FRED W COYLE 01/22/2007 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO STRIKE CLAIM FOR PUNITIVE DAMAGES BY COLLIER COUNTY 01/22/2007 NOTICE OF HEARING 1/22/07 0 2:00 MOTTO DISMISS 01/22/2007 PROCEEDING MOTION HEARING ON:01/22/2007 0 14:00 01/22/2007 PRESIDING JUDGE: PIVACEK,CYNTHIA A 01/22/2007 PLAINTIFFS&ATTORNEY GOLD PRESENT/DEFENDANTS ATTORNEYS HUBBARD& 01/22/2007 POTANOVIC PRESENT/PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT- 01/22/2007 RESERVED TO REVIEW MEMORANDUM OF LAW IN RESPONSE/DEFENDANTS MOTION TO 01/22/2007 STRIKE COUNT 2 PUNITIVE DAMAGES-GRANTED-ATTORNEY HUBBARD TO SUBMIT 01/22/2007 ORDER/ATTORNEY GOLD TO SUBMIT A PROPOSED ORDER FOR SUMMARY JUDGMENT/ 01/22/2007 PLAINTIFFS MOTION FOR LEAVE TO AMEND PUNITIVE DAMAGES-NOT HEARD TODAY 01/22/2007 (RAN OUT OF TIME ALLATED)/COURT REPORTER KAY GRAY OF GREGORY COURT 01/22/2007 REPORTING PRESENT 01/22/2007 NOTICE OF HEARING FAX COPY 1/22/07 0 2:00 ON DEFENDANTS MOTION TO DISMISS OR ALTERNATIVELY TO STRIKE CLAIM FOR PUNITIVE DAMAGES 01/22/2007 AMENDED NOTICE OF HEARING FAX COPY 1/22/07 0 2:00 ON PLAINTIFFS MOTION FOR LEAVE TO AMEND TO CLAIM FOR PUNITIVE DAMAGES 01/29/2007 CORRESPONDENCE FROM COUNSEL TO JUDGE 0 29"007 ORDER GRANTING MOTION TO STRIKE NO PUNITIVE DAMAGES MAY BE ASSESSED AGAINST COLLIER COUNTY S/ELLTS 1/29/07 02/20/2007 NOTICE OF HEARING;CERTIFICATE OF SERVICE 05/07/07 0 3:00 MOTION TO DISMISS 02/27/2007 NOTICE OF UNAVAILABILITY FOR JACQUELINE W HUBBARD 6/13/07-6/15/07 02/27/2007 NOTICE OF UNAVAILABILITY FOR JACQUELINE W HUBBARD 5/10/07-5/11/07 02/28/2007 NOTICE OF HEARING AMENDED 5/7/07 0 3:00(30 MIN)ON DEFENDANTS MOTION TO DISMISS 02/28/2007 NOTICE OF HEARING(AMENDED)5/7/07 0 3:00(30 MINUTES)ON DEFENDANTS MOTION TO DISMISS 02/28/2007 ORDER DENYING MOTION FOR SUMMARY JUDGMENT PARTIAL S/ELLLS 2/27/07 02/28/2007 CORRESPONDENCE FROM COUNSEL TO JUDGE WITH ATTACHMENT 02/28/2007 CORRESPONDENCE FROM COUNSEL TO JUDGE WITH ATTACHMENT 03/02/2007 NOTICE OF PRODUCTION FROM NON PARTIES DIRECTED RC ELTON WILTON LE HEW JRMD 03/09/2007 NOTICE OF UNAVAILABILITY COLLIER COUNTY 03/21/2007 MOTION FOR PARTIAL SUMMARY JUDGMENT&MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT BY FRED W COYLE 03/22/2007 ORDER OF REASSIGNMENT TO THE HONORABLE CHARLES T CARLTON S/MARTIN 3/22/07 03/22/2007 ORDER OF RECUSAL S/E LIS 3/14/07 04/02/2007 MOTION FOR PROTECTIVE ORDER BY PLAINTIFF 04/23/2007 MOTION TO DISMISS AMENDED/BY COLLIER COUNTY 05/17/2007 NOTICE OF UNAVAILABILITY OF JACQUELINE W HUBBARD ESQ FROM 5/22/07- 5/28/07 08/29/2007 VOLUNTARY DISMISSAL WITH PREJUDICE/FAXED COPY Events Docket Type Judge Court Date Court Time HEARING 01/22/2007 14:00 HEARING 10/09/2006 13:00 HEARING 07/10/2006 13:00 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Ib30 pm PAGE 2/003 F IYV2•YCl J! 1 RVII•+V..M�Y 11aiYaay S/a.4/6Wf Y.V.L• ••• I Diiir 040.P1 i C N 0 pt irt. i, .. , . 111,1, . II • 1 . 001110611WIN . • O C. c non el m ••••4s0 x M �,,. .• ,,T _,=>;,-.,-.ji q1 r a ' L�J , ` a •14••. ,0,-. 91 . • • i . nub. c t ON, JV I Ln• a La t I r m �, pm peas 31003 F...4 „va'1ra. Iiagtav o a u ra a sa Q/AdiI&VW a Iva c av • • • • • • M { • • • • • ti • A • May 22, 2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 22, 2007 CLOSED SESSION Item #12B — William Litsinger Case Number 06-432-CA - William Litsinger versus Board of County Commissioners and Fred Coyle, Individually. LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, met on this date at 12:20 p.m., in CLOSED SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Coletta Tom Henning Frank Halas Fred W. Coyle Donna Fiala ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Mike Pettit, Assistant County Attorney Page 1 — Item #12B (William Litsinger) May 22, 2007 Item #12B THE BOARD IN CLOSED EXECUTIVE SESSION WILL DISCUSS: SETTLEMENT NEGOTIATIONS AND STRATEGY RELATING TO LITIGATION EXPENDITURES IN WILLIAM LITSINGER V. COLLIER COUNTY, FLORIDA AND FRED COYLE, INDIVIDUALLY, CASE NO. 06-432-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA. — CLOSED SESSION CHAIRMAN COLETTA: Okay. Let's go at it. Everybody's already had a session with the county attorney, so this shouldn't take long. MR. WEIGEL: I'll start briefly here then, and that is that the closed session scheduled and noticed for May 22, 2007, at 12 noon is commencing. It's at the request of the county attorney and it's in regard to -- listed as agenda item 12B in regard to the case of Stan -- William Litsinger versus Collier County and Mr. Fred Coyle Individually, case in the Circuit Court for Collier County. And as you commissioners are generally aware, we're here to discuss settlement negotiations and strategies related to expenditures and things of that nature. We have, in fact, negotiated -- pursuant to the direction of the board at a prior meeting -- have gone back with the employment plaintiffs counsel and negotiated settlement. The settlement's in the aggregate, the gross amount of$290,000, which under the term of the agreement, proposed agreement, provides for 15,000 of that $290,000 to be paid from the county to Mr. Litsinger's deferred compensation. The remaining 275,000 is to be paid to Mr. Litsinger. If the Board of County Commissioners were to approve the settlement agreement today in open session subsequent to its closed session, Mr. Litsinger will, in fact, tender his resignation effective Page 2 — Item #12B (William Litsinger) May 22, 2007 today and no longer be in the employ of the county. There is a time period to come into play regarding payment of settlement fee or amount to Mr. Litsinger, and that is related in part to the -- his request for withdrawal of a complaint that he has with the EEOC. That is a separate complaint from this lawsuit, but we, the county, would be looking for, in fact, then a termination of his complaint and a termination of proceedings by the EEOC relative to this separate matter which he had raised a complaint relating to Collier County employment practices. Again, that is separate from this lawsuit but it has been bundled into the settlement agreement so that this would be a comprehensive settlement agreement effectively ending this case in its entirety. I'll briefly mention that the settlement agreement does provide, in fact, as do settlement agreements typically, that, in fact, all causes issued, et cetera, and liabilities are waived. And this settlement agreement also has a specific statement, and it's located on the first page incidentally -- you could pass these out if you wish to see them. We do have copies of the agreement. On the first page it does provide midway down that, in fact, Mr. Litsinger indicates in this agreement that he sees no maliciousness on the part of Mr. Coyle. I'll entertain any questions you may have, and Mike and I do have some additional comments pertinent to the settlement objections and the payment of costs and expenses. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Can you give us some more information about his lawsuits against the EEOC? MR. WEIGEL: Yes, I can, at least to a limited degree, and that was subsequent to his demotion, which became an element of this lawsuit, there was -- a position had opened up in the Community Development Environmental Services Division, he applied for it. He was not selected. He came in either third or fourth in, I think, four Page 3 — Item #12B (William Litsinger) May 22, 2007 applicants that were reviewed and -- call it top tier review, and so he believed and he contended that that was an age discrimination against him, and that was the nature of his complaint that he filed with the EEOC. COMMISSIONER HENNING: Okay. Oh, okay. EEOC is not MR. WEIGEL: Equal Employment Opportunity Commission of the federal government. COMMISSIONER HENNING: Okay. Now I understand. COMMISSIONER COYLE: It's not Emergency Operations. MR. WEIGEL: Pardon me. Okay. If you would like then, Mr. Pettit will chat a bit about some of the aspects of payment and settlement, perhaps costs and fees as well. Mike? MR. PETTIT: As I understand it, $15,000 is going to be paid into Mr. Litsinger's account if the board were to approve this settlement later today, and this is deferred compensation account, an additional $275,000 would be paid to Mr. Litsinger from our property insurance casualty fund, which is, I think, Fund 516. That's going to require, according to Mr. Walker, our Risk Manager, at some point a budget amendment to reimburse the property and casualty fund from general fund reserves by the amount not paid by the excess carrier. Now, the only difficulty we have as we sit here today is we know the excess carrier's going to make a contribution to the settlement. Initially the excess carrier had advised Mr. Walker and Jacqueline Hubbard that they would contribute approximately 39 percent of a settlement of up to $400,000, which would have been a contribution of $143,000. Now, we've settled at substantially less than that. Mr. Walker has told us in the last 20 or 30 minutes that he still thinks that the contribution's going to be around $100,000, but that's not -- that's not an absolute figure at this point. So one of the things that, if the board were to move forward on Page 4 — Item #12B (William Litsinger) May 22, 2007 this today, when we go back out on the record after the lunch break under 12C and make a vote for an approval, they would also -- I think the desire is, David, to have a budget amendment or at least acknowledge the need for a budget amendment at that time. MR. WEIGEL: That's correct. MR. PETTIT: Which would allow then property casualty fund to be reimbursed from the general fund. So that is one issue. Another issue is in this settlement agreement it talks in terms of the payment costs and attorney's fees and it states that all parties will be responsible for their costs and attorney's fees, that's a standard term in a lot of settlement agreements, and the idea is to make it clear that we're not paying any additional sums to the plaintiff there, but the intent of that provision is also to have the county pay Mr. Coyle's fees if, in fact, that's the desire of the board. What I can tell you is, is that we have advanced Mr. Coyle's fees to his attorney up to this point pursuant to prior board action, and that that's consistent with our policy governing lawsuits which is resolution adopted back in 1995, 95-632. I think to make it absolutely clear, again, if the board is to move forward on -- the settlement is to acknowledge that -- the intent of that provision, the settlement agreement on attorney fees is to include Mr. Coyle's fees, and the board would not be seeking any reimbursement in light of the fact that we've settled the case. COMMISSIONER FIALA: So do we bring that up at -- you know, when we meet in session again? MR. PETTIT: If there is a motion to approve the settlement agreement, I think as part of the motion, we just want to clarify that Mr. Coyle's fees are going to remain at the cost of the county just to make sure there's no confusion, because basically you've got boilerplate language. COMMISSIONER FIALA: We must do it for every commissioner. We serve here at the pleasure of the community and Page 5 — Item #12B (William Litsinger) May 22, 2007 somebody, for any reason, wants to try and sue us, we must defend ourselves. COMMISSIONER HENNING: Well, can I expand upon that? COMMISSIONER FIALA: Yeah. COMMISSIONER HENNING: You know, in my case and Commissioner Coyle's case, that's true, but recently we paid for attorney's fees for an employee who pleaded that -- pleaded out. So what I'm saying is one doesn't fit all. COMMISSIONER FIALA: Oh, I just mentioned commissioners. COMMISSIONER HENNING: And I mean, if we had -- if we had a Stadium Naples type thing, that definitely doesn't fit that. COMMISSIONER FIALA: Oh, yeah, you're right about that. COMMISSIONER HENNING: I understand what you're saying COMMISSIONER FIALA: Yeah. COMMISSIONER HENNING: -- but I just wanted to -- COMMISSIONER FIALA: Okay. That's good point. Yeah, I shouldn't make a blanket statement. MR. PETTIT: What I can tell you, Commissioner Fiala, historically in civil cases where either commissioners or an individual county employee have been sued -- and I was involved -- there actually were more of those for some reason between 1995 and 2000 than there are now. But we had a lot of employment litigation at that time. And what would tend to happen is people would file lawsuits and they would sue the county and then they might sue their supervisor individually, they might sue the county manager individually. I think we had a couple where individual commissioners were sued. And I can think of no case where the fees weren't paid for by the county, whether through settlement or resolution, however the lawsuit was resolved. So that's been a pretty standard practice at least in civil cases with this county. Page 6 — Item #128 (William Litsinger) May 22, 2007 I also have -- David's secretary and my secretary just brought us some news that may be good news from Mr. Walker. He's stating that the estimate right now is we may receive 174,000 of the $290,000 from the excess carrier, so that would significantly reduce the ultimate payback to the property casualty fund and from the general fund. It's not firm yet, but that's the most recent news we have. COMMISSIONER COYLE: Well, clarify for me how we handle this issue about reaffirming the fact that the county is paying my attorney fees. MR. PETTIT: I think that if there's a motion to approve this settlement, that the motion maker would have to state, and this would include the payment of Mr. Coyle's fees individually having been sued as a commissioner, acting in his capacity as a commissioner. COMMISSIONER HENNING: Or you can say, pay all defense costs. MR. PETTIT: All defense costs for any -- for both the county and for any individual county commissioner or employee that was subject to the suit. CHAIRMAN COLETTA: Well, just so you cover the whole thing -- MR. WEIGEL: That covers it. CHAIRMAN COLETTA: Can Commissioner Coyle vote on this? CHAIRMAN COLETTA: No, no. I'm not going to. I probably could -- maybe I could, but I'm not going to. MR. WEIGEL: We think maybe you couldn't, but based on -- COMMISSIONER FIALA: Perception. COMMISSIONER HENNING: I can research on it? MR. PETTIT: Yeah. I went -- and in terms of this -- in terms of this meeting, I guess what I'd like to do is I'll explain that to you outside the meeting because I think we're limited here to discussion of settlement. I mean -- Page 7 — Item #12B (William Litsinger) May 22, 2007 COMMISSIONER HENNING: Just joking. CHAIRMAN COLETTA: Where else we got to go with this? We got it pretty well wrapped up now? Anybody got any additional questions? COMMISSIONER HENNING: Just one thing. Fred, has your lawyer said anything about this, this settlement? Is it something that your lawyer advises? COMMISSIONER COYLE: Uh-huh. COMMISSIONER HENNING: Okay. Enough said. COMMISSIONER COYLE: He has talked with me and he thinks it's the proper thing to do, and -- COMMISSIONER HALAS: It puts an end to everything. COMMISSIONER COYLE: The general consensus is we'll spend at least this amount of money getting it through trial, so why send it -- get it through a trial when we can get out of it now? COMMISSIONER HENNING: Well, my only concern is -- and you have to do a business decision, but I hope it doesn't send a message to those people, this is the normal thing that we do. COMMISSIONER COYLE: That is a real -- very valid concern, and it's been my concern all along. I would prefer this guy get absolutely nothing, but from a standpoint of economics, you can't predict what a jury's going to do. Once you get it there, you never know what way it's going to go. CHAIRMAN COLETTA: I hate to interrupt you. COMMISSIONER HENNING: No, I'm just -- CHAIRMAN COLETTA: Here's my concern. I got to get this out, Commissioner Henning. Anyone that's ever going to do anything to the county, if they got any attorney that's worth their weight, they're going to review this tape. We're talking all sorts of strategies and thoughts here that we shouldn't even be getting into. I hate to lay it out to the point where somebody looks at it as a road map to follow. COMMISSIONER HENNING: Well, let me just say this. This Page 8 — Item #12B (William Litsinger) May 22, 2007 is the last time this is going to happen, how's that? CHAIRMAN COLETTA: Can you underline that? Underline that, last time this is going to happen. Good. That's a good ending for that part. COMMISSIONER COYLE: And an undeserving employee gets rewarded for his bad behavior. COMMISSIONER FIALA: Boy, second that. CHAIRMAN COLETTA: Okay. Is that it? Good. We're done. (The closed session concluded) ***** There being no further business for the good of the County in closed session, the closed session was adjourned by order of the Chair at 12:31 p.m. TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 9 — Item #12B (William Litsinger)