Agenda

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County Attorney's Report 11. 2.

BCC Regular Meeting

Action

Meeting Date:	10/19/2017
Issue: Approval of Settlement Agreement in the FCHR/EEOC Case of James Reed v. Escambia County Board of County Commissioners
From:	Meredith Crawford
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Settlement in the Sum of $12,181.11 in the Case of James Reed v. Escambia County, FCHR Case No.: 201700789 and EEOC Case No.: 15D201700462

That the Board take the following action:

A. Approve the settlement reached in the sum of $12,181.11 of which $9,852.49 is to be paid directly to James Reed and $2,328.62 is to be paid to Mr. Reed’s Florida Retirement System Account in exchange for the execution of a general release and stipulation for dismissal with prejudice, and;

B Authorize the County Attorney's Office to execute a stipulation for dismissal with prejudice once the appropriate releases are executed and delivered to Assistant County Attorney, Meredith D. Crawford.

[Funding: Fund 501, Balance Sheet Account 239898]

BACKGROUND:

Mr. James Reed has been employed by the County as a firefighter with Escambia County Fire Rescue from April 14, 2004 until present date.

Mr. Reed has filed a claim with the Florida Commission on Human Relations (FCHR) and with the Equal Employment Opportunity Commission (EEOC) alleging disparate treatment, namely failure to promote, based on age discrimination in violation of the Age Discrimination in Employment Act (ADEA) and the Florida Civil Rights Act (FCRA).

This settlement acknowledges the uncertainty of litigation and potential for extensive cost and increased damages should the matter proceed. This settlement allows Mr. Reed to receive a promotion to Fire Lieutenant effective October 22, 2016, retroactive back-pay for income differential, thirty days of administrative leave, and corresponding contributions to the Florida Retirement System.

This full and final settlement is in exchange for release of all current and future employment claims and a dismissal of all pending complaints with prejudice.

Mr. Reed will resign County employment effective October 28, 2017.

By entering this agreement, the County does not admit that it has violated any federal, state or local statute or regulation. The County expressly denies that it has violated any law with respect to Mr. Reed and/or his employment with the County. The consideration provided by the County is in full accord and satisfaction of doubtful and disputed claims. It is understood that the consideration for this release is for the purpose of enabling the County to avoid the expense and inconvenience of litigation.

BUDGETARY IMPACT:

Fund: 501, Balance Sheet Account 239898

LEGAL CONSIDERATIONS/SIGN-OFF:

Assistant County Attorney, Meredith D. Crawford will obtain all necessary documents to effectuate full settlement, general release of any alleged liability, and dismissal of all claims with prejudice.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.