Agenda

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County Attorney's Report 10. 1. 1.

BCC Regular Meeting

Action

Meeting Date:	09/22/2016
Issue: Settlement of the lawsuit of Beyanca Cannon v. Escambia County, Case No.: 3:14-cv-00439-MCR-CJK
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Settlement of the lawsuit of Beyanca Cannon v. Escambia County, Case No.: 3:14-cv-00439-MCR-CJK

That the Board take the following action:

A. Approve a settlement of payment of $3,500.00 to Beyanca Cannon in final settlement of the case styled: Beyanca Cannon v. Escambia County, Florida, Case No.: 3:14-cv-00439-MCR-CJK pending in the Northern District of Florida, U.S. District Court; and

B. Authorize the County Attorney’s Office to accept a general release and hold harmless agreement executed by Beyanca Cannon; and

C. Authorize the County Attorney’s Office to move for dismissal with prejudice of the pending lawsuit upon receipt of the executed general release and hold harmless agreement.

[Funding: Fund 501, Balance Sheet Account 239898]

BACKGROUND:

Beyanca Cannon was originally a Detention Deputy with the Sheriff’s Office assigned to the Central Booking and Detention Facility (CBDF). On October 1, 2013, Escambia County assumed responsibility for operation of the County Jail. Ms. Cannon accepted an offer of employment with Escambia County as a Correctional Officer and was assigned to the CBDF until she was transferred to the main jail.

While working at the main jail, Ms. Cannon believed that she was subjected to increased scrutiny, including non-random drug testing, because of her race as an African American and that she was retaliated against because of a lawsuit that she had previously filed against the Sheriff for racial discrimination and harassment. While employed by the County, Ms. Cannon was investigated and disciplined for violations of County policies including an inappropriate relationship with a convicted felon and an arrest for misdemeanors. Eventually Ms. Cannon resigned claiming she was subjected to more harsh treatment than other Caucasian officers and retaliation. She filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission and was given a Right to Sue notice which allowed her to proceed with a lawsuit against Escambia County, Florida.

This settlement is recommended as a means to avoid the uncertainties of litigation and exposure to an award of attorney’s fees for a small sum. Ms. Cannon will execute a general release and hold harmless agreement which will prevent her from bringing any further claims against Escambia County relating to her employment. Upon execution of the general release in the U.S. District Court, upon motion of the County, Ms. Cannon will then dismiss her case with prejudice.

County Administrator Jack Brown has been consulted as to an appropriate settlement resolution. He is in agreement with and recommends the proposed settlement.

BUDGETARY IMPACT:

[Funding: Fund 501, Balance Sheet Account 239898]

LEGAL CONSIDERATIONS/SIGN-OFF:

County Attorney's Office will prepare all appropriate documents and take necessary legal action.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.