Item Q03BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21, 2006
Bulk Item: Yes xx No
Division: County Attorney
Department: County Attorney
Staff Contact Person: Bob Shillinger x3470
AGENDA ITEM WORDING:
Approval of settlement agreement in matter ofMarylin Nunziante v. Monroe County, et al., 2004 CA
1227 K.
ITEM BACKGROUND:
Mrs. Nunziante filed suit against the County seeking a judicial declaration invalidating the County's
admission practices and policies for Bayshore Manor as they were being applied to her in her application
for permanent residency and an injunction preventing the County from evicting her from Bayshore.
Mrs. Nunziante had been admitted to Bayshore on a temporary basis for respite care and was seeking a
permanent placement. Because she asserted that she did not have sufficient income or assets to pay the
full, private pay rate for Bayshore, County staff had sought financial information from her family to
determine if the family would pay the shortfall.
In exchange for the County's agreement not to evict her while the litigation was pending, Mrs.
Nunziante's family had agreed to escrow the monthly shortfall. The parties agreed that entitlement to
the escrowed funds would be determined by the Court. That agreement was approved by the BOCC
and the Court in November of 2004.
Unfortunately, Mrs. Nunziante passed away earlier this year. In an effort to close this matter, the
Plaintifrs family has offered to drop the suit in exchange for a release of the escrowed funds
($11,803.58). Under the proposed settlement agreement, the County would release any claim to the
escrowed funds and receive in exchange a dismissal of the suit and a liability release for any related
claims. Settlement would additionally save any additional litigation costs. Independent of the litigation
and the settlement agreement, County staff is revising Bayshore's admissions policies.
PREVIOUS RELEVANT BOCC ACTION: On November 29, 2004, Board approved stipulation
providing for temporary placement of Mrs. Nunziante pending the outcome of the litigation.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval; Sheila Barker, the Acting Social Services Director and the County Administrator concur.
TOTAL COST: Loss of disputed claim to $11 803.58 BUDGETED: N/A
COST TO COUNTY: Same SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH N/A Year N/A
APPROVED BY: County Atty xx OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL: �ATTORNEY
TON, CO Y
DOCUMENTATION: Included xx Not Required TO FOLLOW
DISPOSITION: AGENDA ITEM #
Revised 2/05
DRAFT
IN THE CIRCUIT COURT OF THE 16' JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION — JUDGE JONES
Marilyn J. Nunziante,
Plaintiff,
VS.
Monroe County BOCC
and
Sheila Barker, as Acting Director of
Monroe County Social Services,
Defendants.
CASE NO.: 2004-CA-1227-K
SETTLEMENT AGREEMENT
The Plaintiff, Marilyn J. Nunziante (hereinafter "Mrs. Nunziante"), by and
through her next friend and daughter Karen Lockwood, and the Defendant Monroe
County Board of County Commissioners and Sheila Barker as Acting Director of Monroe
County Social Services (hereinafter "the County"), agree to settle the above -referenced
matter as more fully set forth below:
The parties acknowledge that Sheila Barker (hereinafter "Mrs. Barker"), in
her official capacity as Acting Director Social Services for Monroe County, has been, by
operation of law, automatically substituted for Louis LaTorre as a co -Defendant upon the
resignation of Mr. LaTorre from his position as Social Services Director effective May 1,
2006. See, Fla.R.Civ.P. 1.260(d)(1).
2. In executing this agreement, the County and Mrs. Barker release any claim
of entitlement to the funds being held in escrow by Mrs. Nunziante's counsel Joseph
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Albury pursuant to the stipulation entered into by the parties and approved by the Court
on or about November 30, 2004.
3. In consideration of the release by the County and Mrs. Barker of any claim
of entitlement to the funds being held in escrow by Mrs. Nunziante's attorney Joseph
Albury pursuant to the stipulation entered into by the parties and approved by the Court
on or about November 30, 2004, the Plaintiff will enter a voluntary dismissal with
prejudice of the above -styled matter within 15 days from the date the last party executes
this agreement. The parties agree that time is of the essence.
4. In consideration of the promises made herein and for other good and
valuable consideration, the parties, their heirs, successors, and/or assigns each agree to
release each other, including but not limited to current and former employees of the
County, from any claim or cause of action of any type that was raised or capable of being
raised as a result of the facts underlying this action.
5. By entering into this Agreement, the parties are not acknowledging the
merits or lack of merits of these proceedings. Rather, the parties are entering into this
Agreement for the purpose of avoiding further expense and delay inherent in litigation of
this nature.
6. Except as specifically set forth herein, the parties agree to bear their own
costs and attorney's fees.
7. This written Settlement Agreement represents the entire agreement of the
parties.
8. Each party warrants that it has the capacity to enter into this agreement.
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9. Each party warrants that it has had an opportunity to consult with counsel
prior to entering into this settlement agreement.
For the Plaintiff
Marilyn I Nunziante
Notary Public Karen Lockwood, (Date)
as Next Friend
Danny L. Kolhage For the Defendant
Monroe County Clerk Monroe County B.O.C.C.,
LO
Deputy Clerk (Date) Charles "Sonny" McCoy
Mayor
Notary Public
For the Defendant Sheila Barker, as
Acting Social Services Director
Sheila Barker (Date)