Agenda

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County Attorney's Report 9. 2.

BCC Regular Meeting

Action

Meeting Date:	08/02/2018
Issue: Ratify the Filing of a Motion to Amend Answer in Andrea N. Minyard, M.D. vs. Escambia County, et al., Case No. 2018 CA 000780
From:	Alison Rogers
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Ratifying the Filing of a Motion to Amend Answer and to Assert Counterclaim Against Andrea N. Minyard, M.D. and to Bring a Claim Against Gulf Coast Autopsy Physicians, P.A. as an Additional Counterclaim Defendant.

That the Board take the following action:

A. Ratify the filing of a motion to amend answer and to assert counterclaim against Andrea N. Minyard, M.D. and to bring a claim against Gulf Coast Autopsy Physicians, P.A. as an additional counterclaim defendant; and

B. Ratify and authorize the County Attorney's Office to seek the granting of the motion and prosecute a counterclaim against Andrea N. Minyard, M.D. and Gulf Coast Autopsy Physicians, P.A.

BACKGROUND:

On May 15, 2018, the District Medical Examiner, Andrea N. Minyard, M.D. filed and served a complaint for declaratory relief against Escambia County and the other three counties that comprise District 1. At the time of the filing of the complaint, and when Escambia County initially answered the complaint, the Okaloosa County Inspector General's Report had not been completed. On July 3, 2018, Brad E. Embry, Inspector General, completed his report and made several findings. Of note, Mr. Embry found that collected cremation authorization fees had not been credited against reimbursable expenses on a dollar-for-dollar basis in the approximate sum of $114,000.00 from the period October 1, 2016 through March 31, 2018. In addition, he found that the budget allocations for the hiring of an Associate Medical Examiner were not used a majority of the time and, the budget allocation was not returned to Escambia County.

As Dr. Minyard operated her office through Gulf Coast Autopsy Physicians, P.A., funds for professional fees and for reimbursement of her expenses were transferred into this corporation. Therefore, in order for the County to obtain full relief, this corporation must be sued and included in the counterclaim. The motion to amend the County's answer and to assert a counterclaim was filed on July 24, 2018. This office seeks authorization to have the motion to amend the County's answer and to assert the counterclaim set for hearing before the presiding trial judge. When the motion is granted, this office also requests authorization to pursue the relief and claims asserted in the counterclaim against Dr. Minyard and her corporation, Gulf Coast Autopsy Physicians, P.A.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Charles V. Peppler, Deputy County Attorney, will be representing the County and will prosecute the counterclaim.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.