|
Back to Calendar
Return
|
| |
County Attorney's Report 12. 1.
|
| BCC Regular Meeting |
Action |
|
|
|
| RECOMMENDATION: |
Recommendation for Providing Defense to Robert Kyles, Jr., Chief Investigator, in the matter of Otis Lee Wilson, Jr. v. Robert Kyles, Jr., et al, Case No. 2019 CA 001316.
That the County Attorney's Office provide a defense for Robert Kyles, Jr., Chief Investigator, in the lawsuit brought by Otis Lee Wilson, Jr. against Mr. Kyles and Jason D. Loriz and Michelle Loriz. |
| BACKGROUND: |
Attached is a copy of the complaint for defamation, harassment and civil rights violation brought by Mr. Wilson against homeowners Jason and Michelle Loriz and Robert Kyles, Jr., Chief Investigator, Building Services Department. The lawsuit grows out of renovations made to the Loriz' home at 39 Blythewood Drive in Pensacola by Mr. Wilson. Mr. Wilson alleges that Mr. Kyles made defamatory statements about Mr. Wilson and conspired with the Lorizes to defame him when Mr. Kyles was investigating a complaint of violation of County building codes. In addition, Mr. Wilson alleges that Mr. Kyles tried to exact a bribe from Mr. Wilson. Mr. Wilson alleges slander by the Lorizes as well. A response to the complaint is due September 4, 2019.
It appears that these allegations are frivolous on their face and can be defended by this office without a conflict of interest. Section 111.07, Fla. Stat. provides for legal representation of a county employee who is named in a civil action arising from an allegation of an act or omission of the employee acting within the scope of his employment. Further, Section 111.07 states that, if the employee acted in bad faith with malicious purpose or wanton disregard of human rights, safety or property, a county is not obligated to defend. However, it is this office's recommendation to allow this office to represent Mr. Kyles in defending this frivolous lawsuit. Although Mr. Kyles is alleged to have committed conduct which can be described as malicious and in bad faith, it does not appear that there are any reliable facts or credible evidence to support any of the allegations. It should be noted that Mr. Wilson is being prosecuted by the State Attorney's Office for the felony of not carrying sufficient Workers' Comp insurance coverage while performing work as a contractor. Mr. Kyles will be a witness in that prosecution. Providing a defense for Mr. Kyles would not be inconsistent with Section 111.07 and the Legal Representation Policy enacted by this Board on July 19, 2016. |
| BUDGETARY IMPACT: |
| Litigation expenses for depositions, etc. from General Reserve Fund. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| Deputy County Attorney will represent Mr. Kyles. |
| PERSONNEL: |
| County Attorney's Office. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| Legal Representation Policy and Section 111.07, Fla. Stat. |
| IMPLEMENTATION/COORDINATION: |
| County Attorney's Office. |
|
|
|
|