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Item N2 . Re vised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 16.2000 Division: County Administrator Bulk Item: Yes No -X- Department: County Administrator AGENDA ITEM WORDING: Approval of a settlement with Marty Arnold and approval of resolution to transfer funds needed to cover stipulation for settlement. ITEM BACKGROUND: Marty Arnold was dismissed from County employment in January of 1998. Since that time, there has been a Career Service Council hearing which reinstated Mr. Arnold to his position with all back-pay and benefits and authorization by the Board of County Commissioners in August of 1999 to appeal that decision. The Board of County Commissioners also instructed that there should be an attempt to settle the issue. That attempt was not successful and after a recent court hearing, Mr. Arnold's attorney reopened the issue of settlement. PREVIOUS REVELANT BOCC ACTION: As above. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $167,513.00 BUDGETED: Yes No COST TO COUNTY: $167.513.00 REVENUE PRODUCING: Yes No X' AMOUNT PER MONTH Year APPROVED BY: County Atty X, OMB/Purchasing X Risk Management '\)<. ---/~~ DIVISION DIRECTOR APPROVAL: James L. Roberts DOCUMENTATION: Included 1L To Follow Not Required AGENDA ITEM # I-N2- DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:Marty Arnold Effective Date: 1/8/98 Expiration Date:2/26/00 Contract Purpose/Description:Sti{Julation for Settlement with Marty Arnold Contract Manager:Debbie Frederick (Name) 4741 (Ext. ) County Administrator's Office (Department) for BOCC meeting on 2/16/00 Agenda Deadline: 2/2/00 CONTRACT COSTS Total Dollar Value of Contract: $167.513.00 Current Year Portion: $ Budgeted? YesD No D Account Codes: Db/al -5303/? Grant: $ (b 0 SOD _ County Match: $ _ $ 3D) 600.00 ~ /3 7, 515, Ob CL:(7.- ov'Y18 ADDITIONAL COSTS Estimated Ongoing Costs: $-"yr For: (Not included in dollar value above) (el?;. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Division Director Date In ~r~ Date Out Risk ~anagement ~!- 2/,100 O.M.B./Purchasing County Attorney Comments: OMB Form Revised 9/11/95 MCP #2 MEMORANDUM TO: Board of County Commissioners FROM: James L. Roberts County Administrator DATE: January 31, 2000 SUBJECT: Marty Arnold Issue ^^^^^ At the August meeting of the Board of County Commissioners, the Board authorized the County to file an appeal from the decision of the Career Service Council. The Board also instructed that the County make an effort to settle the case with Mr. Arnold. Within twenty-four hours of that meeting, a substantial offer was presented to Mr. Arnold through the attorneys. That offer was rejected by Mr. Arnold. The County therefore proceeded to file the appeal and Mr. Arnold's attorneys filed a motion to dismiss based upon the timeliness of the filing. On January 26, 2000, both issues were scheduled before a three-judge panel. The issue of the appeal was postponed to a later date since Mr. Arnold's attorneys had filed arguments on January 24 and the County, under court rules, should have had twenty days to respond. However, there was oral argument on the issue of the dismissal. The judges stated that they would consider the written and oral arguments and render a decision. Immediately following the hearing, an approach was made by Mr. Arnold's attorneys to settle the case. Discussions over the next few days concluded with the enclosed proposed settlement to be presented to the Board of County Commissioners at the February meeting. The settlement provides for Mr. Arnold to have full pay and benefits as though he were an employee through February 26,2000, and an additional $30,000 for legal fees. In return, Mr. Arnold will not be working for Monroe County and agrees to give up the possibility of any other action against Monroe County in reference to his employment. Also, the County does not admit any wrong doing in'reference to the issues involved in these actions. ' . Why settle the case now? The Board mayor may not be aware that there have been a number of attempts to settle this issue since the incident that led to the discipline. Even though we have been close on at least one occasion, this is the first time that we have been able to finalize any proposed settlement. 1 The Administrator believes very strongly that the disciplinary action taken in this case was well within the policies of Monroe County. No manner of diversion of the issues can cloud the facts of what occurred. However, the County and Mr. Arnold are at a point where, if the County wins the motion to dismiss and also wins the appeal, which hearing could now occur within the next couple of months, the issue will go back before the same Career Service Council that decided it in the first place. Even with a very strong legal representation at that hearing, there is a substantial possibility that the Career Service Council would again decide the case against the County. It is therefore necessary to consider whether it is appropriate for principle to give way to pragmatism. The proposed settlement will be presented to the Board of County Commissioners in that light and recommended for approval as the most prudent course of action. If Commissioners have any questions concerning the issue or the proposed settlement. please call me. J-'-~ James L. Roberts County Administrator JLR:dlf Att. cc: James Hendrick, County Attorney Paul Ryder, Esquire Wayne LaRue Smith, Esquire Sheila Barker, Human Resources Director 2 THE SMITH LAW FIRM A .-..onSSIOHA... ASSOCIATION TlD DANK DUILDINO - SUITE 20t - 330 WHITEHEAO ~~ -KIEV WUT:-nDRIDA 33040 WAYNE LARUE SMITH. MeA. JO AUO ...OMITTED W...._GTOH. DC KEITH W. UPSON January 31, 2000 CROCKETT . CI4AIO..N, P.A, .ZO UNCOLl'I AOAD, SUl're; 338 .....101041 II EACH , ~I.Q"lgA 331:58 01 COUNS[L VIA HAND DELIVERY Nathan Eden, Esq. Browning. Eden, Sircci, Guller & Klitenick, P.A. 402 Appelrouth Lane Key West, FL 33040 JU:: Monroe County v, Arnold Denr Nath3l1: Enclosed is the original stipulation for settlement, signed by myself and Jim Roberts. Please arrange for the remaining signaturcs to be affixed to the original, :md return to me a eopy ofthe fully executed agreement. With your permission. I will notify the court that the case has been settled. Please be reminded that the stipldation fOT settlement will go before the Board of County Commissioners on February 16, 2000. 1 am pleased to be bringing this matter to a conclusion. WLS;td Enclosure Copy: Jim Roberts " f:\DOCS\U534\Edcn Lea<< l,eIM TELEP'HDN!:: f30!51 2S8-C02D. FACSIMILE:; (305) 2D6.0t72. TOu. l"1'lEE; (800) 800.3407. !:-MAIt.: ftUPlItTHalo4fTHl.Awn~M,COM IN THE CIRCUIT COURT OF THE SIXTEENni JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY. FLORIDA GENERAL 1UR1SDICTION DIVISION CASE NO.: 99-1003-cA-18 MONROE COUNTY. a political subdivision of ) the State of Florida ) ) Petitioner, ) ) v. ) ) MONROE COUNTY CAREER SERVICE ) COUNCIL and MARTY ARNOLD ) ) Respondents. ) ) STIPULATION FOR SETTLEMENT Petitioner MONROE COUNTY and Respondent MARTY ARNOLD stipulate and agree as follows: 1. MARTY ; ARNOLD's employment with MONROE COUNTY is deemed retroactively reinstated as of January 8, 1998 through FcbIUmy 26, 2000 solely for the purpose of accruing the salary and benefits described below and for no other purpose. For the period between January 8, 1998 and Februnry 26, 2000, MARTY ARNOLD shall not be considered an employee of~ONROE COUNTY fur any purpose other thall for the calculatiollS and accruals described below. 2. MONROE COUNTY shall pay to MARTY ARNOLD tolal salary in the sum of $98.611.98 covering the period of January 8. 1998 through February 26, 2000, which sum shall be subject to customary payroll withholding and deduction~: 3. MONROE COUNTY shall pay to MARTY ARNOLD the sum of 58,063.32 for accrued and unused sick leave covering the period of January 8, 1998 through Febnuuy 26, 2000, and the sum ofS7.714.56 for accrued and unused annual leave covering the period of January 8, 1998 tluough FebJUary 26, 2000,which sums shall be subject to customary payroll withholding and deductions. 4. MONROE COUNTY shall pay to the United States of Amcnca tbe required SUlUS for the employer's portion of social security and Medicare taxes on the sums described above. 5. MONROE COUNTY shall contribute the approximate total sum of$14,372.12 to the Florida Retirement System for the account and benefit of MARTY ARNOLD for the employment period from January 8, 1998 through February 26, 2000. Because the percentage contributions made on behalf of County employees changes from time to time, the precise amount to be contributed may vary from the amount set forth in tins paragraph but in any event will be equal to the amounts ~at would have been contributed had contributions been made in the ordinary course during the period from January 8, 1998 through February 26. 2000. 6. MONROE COUNTY shall pay to MARlY ARNOLD the sum of $30,000.00 in settlement of attorney's fees any and all other clainl5 that MARTY ARNOLD may have against MONROE COUNTY. 7. MARTY ARNOLD.s employment with MONROE COUNTY is deemed to he terminated effective February 26. 2000. ~. 8. Upon payment of all sums described above. MARTY ARNOLD agrees, t~ and does fcnver discharge and release in full MONROE COUNTY, iLlIO political subdivisions. successors. assigns, agents, employees, fonner employees. -2- representatives, affiliates, attorneys, and consultants from any and all actions, causes of action, claims. damages, suits. debts, expenses, demands, accounts, compensation. covenants, contracts, agreements, and liabilities whatsoever of every nature, kind and description. both at law and in equity, or before any fedcral or state or local agency or department, commission or board of any kind, including any inj\mctive or declaratory relief. which MARTY ARNOLD may now have, has had. or may ever have as a result of any employment relationship, tenn or period of employment, application for employment. or in any other manner relating to MARTY ARNOLD's relationship with MONROE COUNTY, its political subdivisions, successors. assigns, agents. employees, fonner cmtployet:.S, n:prcscntatives, affiliates, attorneys, and consultants. 9. This Stipulation for Settlement is subject to approval of the MONROE COUNTY Board of ~ol1nty Commissioners. MONORE COUNTY shall caWiC a request for approval to be placed on the agenda of the meeting of the MONROE COUNTY board of County Commissioners scheduled for February 16, 2000. In the event that approval is not obtained at that meeting. this Stipulation for Settlement shall be of no tbrce or effect and, if the Petition for Writ of Certiorari has nol been diSJIlissed, MONROE COUl'.'TY will file its Reply to Response to Petition for Writ of Certiorari no latcr than March 1.2000. along with a request that the Court set oral argument on the Petition for Writ of Certiorari for the earliest opponunity. #. 10. MARTY ARNOLD and MONROE COUNTY agree that the purpose, o~ this Settlement Stipulation is to affect a fmal settlement and conclusion of the separation of MARTY ARNOLD from MONROE COUNTY's employ and the -3- payments by MONROE COUNlY arc not be construed as an admission of any liability or wrongdoing whatsoever on the part of MONROE COUNTY, its political subdivisions, successors, assigns, agents. employees. former employees, representatives, atliliates, attorneys, and consultants. liability havmg becn and continuing to be denied. 11. In the event that MONROE COUNTY receives any inquiries regarding MARTY ARNOLD's employment with MONROE COUNTY. the response supplied by MONROE COUNTY shall be limited to confinnation of MARTY AR..'lOLD's dates of employment and positions held. The foregoing notwithstanding, the parties recognize that all records of MONROE COUNTY arc public records and, as such, subject to public inspection. WA F1o'daB No. 031410 The aw Finn, a professional association Co-Counsel for Monroe COWlty TJB Bank Building 330 Whitehead Street, Suite 201 Kcy West, FL 33040 305-296-0029 NATIiAN EDEN Florida Bar No. Browning, Eden. Sircci. GuJJer- & Klitenick Counsel for Marty Arnold 402 Appelrouth T..ane Key West, fL 33040 305-293-8888 MARTY ARNOLD MICHAEL HALPERN Florida Bar No. Co-Counsel for Many Arnold 209 Duval Street Key West, FL 33040 305-296-5667 -4- APPRoveo AS T0 FORM ANO l GAL SUFF NCY, B tll-tSt -ee 12: 89 U&,..''''U''. a.. .......... ...... _.._ ___ _____ 11)- P.IIS payments by MONROE COUNTY in W)t be cuns&ruccl ...' all admission of any liability or wronldcring whu.rsnever on Lh_ pJll'l of MONROE COUNTY. its political suhdivisions. SUCCCSSOl'S. assigns, agems. employees, ftmncr ~rnpl~yees. ~rc'cntativaa, a(filiate., allOlPS)'lI. IIId coasultams. llatlilitY haviA~ baca. lUld continuing to be 4oAicd. 11. In the event UW MONRO!! COtnl.'TY receives aD)' ~ri.. reprdins MARTY AB.N01J)'s emplo)1Dcmt with MONllOJ::! COUNTY, me nsponse supplied by MONROE COUNTY shall be Um.itecl to ~nfi~!Il~on ot MAllTY ARNOLD's dUes ot c:mp1oymem aDd posil1ous held. ~ 'lorida ar . BEOwnine. Ed=.. Sirec1. GW1= &. .Kll~'clc COUDSCl (Dr .Marty .Amolcl 402. Appc1muth Lme Key West. PI. 33040 305-2.93-8188 WA mE LaRUE SMl1H Florida. Bar No. 031410 The Smith I..c:w rum. a professional aaoaiation Cu-Cgurwcsl rur Momoo Co~ TJB BIDk BnUc1Ina ' 330 Whitehead Stl:Clet. Suite 2.D 1 Key Weat, fL 33040 3M.196-0029 M~~O?U M1CHAJi~ HALPERN Florida Bar No, Co-CaUDle! tor Mat)' Arnold 209 ])v.val S\nnIt Key West, FT. 33040 305-296-5667 '. ..4- 02/08/2000 TUE 15:39 FAX 305 296 9172 THE SMITH LAW FIRM III 005/006 payments by MONROE COUNTY are nol be cunstrued as an admission of any liability or wrongdoing whalsoever on the pan of MONROE COUNTY, its polilical subdivisions, successors, assigns, agents, employees, fomlt~r employees, representatives, affiliates, attorneys, and consultanLli, liability having been and continuing to be denied. 11. In the event that MONROE COUNTY receives any inquiries regarding MARTY ARNOLU's employment with MONROE COUNTY, the response supplied by MONROE COUNTY shall be limited to confirmation of MARTY ARNOLD's dates of employmenl and positions held. The foregoing notwithstanding, lhe parties recognize that all records of MONROE COUNTY are public records and, as such, subject to public inspection. W A LaRUE SMITH Flo idaB No. 031410 The w Firm, a professional association Co-Counsel for Monroe Counly TID Bank Building 330 Whitehead Streel, Suite 201 Key West, FL 33040 305-296.0029 N DEN orida Bar o. / Ie/- 7f'2- Browning, Eden, Sireei, Guller & Klileniek Counsel for Marty Arnold 402 Appclrouth Lane Key West, FL 33040 305.293-8888 MlCHAELm-- Florida Bar No. "~' eJ'\(,.C Co-Counsel fOT Marty Arnold 209 Duval Street Key West, FL 33040 305-296-5667 MJt-~~ -4. OZ/08/Z000 Tl1E 15:40 FAX a05 296 917Z THE SMITH LAW FIRM ~006/00l:l MONROE COUNTY, a political Subdivision of the State of Florida By--J~~ Its ~CA.ld"'t '!/ ~ 0" (Id ,J":4 Jt,~1L CERTIFICATE OF SERVICE I HEREBY CERTIFY dlat a copy of the foregoing has been delivered to the Monroe County Care~r Service Council via Gregory D. Davila, Esquire, 513 Fleming Street, Suite I, Key West, Florida 33040. as the Hearing Officer for that Council; and Nathan Eden, Esquire, at Browning Eden, Sireci, Guller & Klitcnick, PA, 402 Ap'pcJrollth Lan:J::.;4." Florida 33040, as Counsel for Marty Arnold, by V,S. Mail thi!\ ~ day of Ii __, 2000, L:1UI)CI115".IS..'k;n.... SC......;OlI doc -5- Resolution No. - 2000 A RESOLUTION CONCERNING mE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida. to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2000, therefore, BE IT RESOLVED BY mE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2000 as, hereinafter set forth to and from the following accounts: Fund #001 - General Fund From: 001-5900-85500-590990 Cost Center # 85500 - Reserves 001 For the Amount: 530,000.00 To: 001-5110-00101-530318 Cost Center # 00101- BOCC Administrative Fund #148 - General Purpose Municipal Service Taxing Unit From: 148-5900-85525-590990 C,ost Center # 85525 - Reserves 148 For the Amount: 5114,389.86 To: 148-5240-60500-510120 Cost Center # 60500 - Code Enforcement From: 148-5900-85525-590990 Cost Center # 85525 - Reserves 148 For the Amount: 58,750.82 To: 148-5240-60500-~10210 Cost Center # 60500 - Code Enforcement Other Uses Legal Fees Other Uses Regular Salaries & Wages Other Uses Fica From: 148-5900-85525-590990 Cost Center # 85525 - Reserves 148 For the Amount: 514,372.12 To: 148-5240-60500-510220 Cost Center # 60500 - Code Enforcement BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida. at a regular meeting of said Board held on the 16th day of February AD 2000. Mayor Freeman Mayor ProTem Neugent Commissioner Harvey Commissioner Williams Commissioner Reich Other Uses Retirement BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Arnold.doc 2/1/00 Page I