Item L13
BOARD OF COUNTY COMMISSIONERS ADD ON
AGENDA ITEM SUMMARY
Meeting Date: January 18,2006 Division: County Attorney
Bulk Item: Y es ~ No - Department: County Attorney
Staff Contact Person: Bob Shillinger x3470
AGENDA ITEM WORDING: Rejection of settlement offer in Stuart Kessler v. Monroe County &
Tom Willi and authorization to make a counter-offers of $100 from each defendant.
ITEM BACKGROUND: Stuart Kessler filed suit against the County and the Administrator as a result
of his termination from the County's employ prior to the expiration of his probationary period. To date,
the Court has denied Kessler's petition for temporary reinstatement and granted the County's motion to
dismiss Kessler's first amended complaint though it granted Kessler leave to refile a second amended
complaint. Kessler has appealed the denial of his petition for temporary reinstatement to the Third
District Court of Appeals. In short, the County has prevailed in both hearings held to date on this case.
In the attached letter, Kessler has offered to drop his suit if he is restored to employment with the
County. That offer, which was extended after the agenda deadline for add-ons had passed, is open until
January 31, 2006 so this item needs to be added on during the morning of the January 18, 2006
meeting.
If the Board rejects Kessler's offer, the County's lead counsel, Mike Burke, has proposed having both
the County and Willi make counter offers to Kessler to settle of$lOO.OO each. Under the Rules of Civil
Procedure, if Kessler does not accept those counter offers within 30 days and either defendant prevails,
Kessler could be held liable for that defendant's attorneys fees and costs incurred subsequent to the date
the offer to settle is served. Kessler, a former attorney from Pennsylvania, is representing himself in this
matter so unless such a proposal is made, he has no financial downside to continuing with the litigation.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACVAGREEMENTCHANGES:N/A
STAFF RECOMMENDATIONS: Rejection of Kessler's otTer and approval of counter otTers of
$100.00 on bebalfoftbe Board and $100.00 on behalf of the Administrator.
TOTAL COST: $200.00 BUDGETED: Yes ~ No --AI
COST TO COUNTY: $200.00 SOURCE OF FUNDS: N/A
.
REVENUE PRODUCING: Yes - No -!L AMOUNT PER MONTH...&A. Year N/A
APPROVED BY: County Atty -y- OMBU Risk Management_
DIVISION DIRECTOR APPROVAL: ~ ~P()?/IJ(.
John R. CoUins, County Attorney
DOCUMENTATION: Included xx Not Required TO FOLLOW
DISPOSmON: AGENDA ITEM # L I 3
Revised 2/05
Stuart W Kessler
P.O. Box 2730
Key West, FL 33045
Telephone 305-295-7670
Cell phone 305-393-5066
e-mail: skessler@kesslerlega1.com
Bob Shillinger, Esq. January 13, 2006
County Attorney's Office
Whitehead Street
Key West, FI 33045
Re: Kessler v. Monroe County, et a1.
2005-CA- 1006-K
Dear Mr. Shillinger,
Per your request, this letter will confrrm our recent telephone
discussion regarding potential settlement of the above matter. I conveyed to
you my interest in putting the litigation behind us and my returning to
productive service for the citizens of Monroe County. I believe my
employment record reflects that my service was a significant asset for the
County .
I request to be reinstated to my former position and salary with back
pay. If this is agreed to, I would dismiss the law suit and release the County
and Mr. Willi from any and all liability for the all the claims set forth in the
Complaint including Civil Rights and Defamation. Each party would pay
their own litigation expenses. My original date of employment would be
used for seniority, career service status, and pension. I do not require any
health insurance benefit during my separation from service.
. I would like reasonable assurance that there would be no retaliation
for this litigation. To that end, it is my preference and suggestion that my
functions be supervised by the County Attorney's Office. As you are aware,
bringing the administration of the self insured funds under the auspices of
the County Attorney's Office is not a new idea and was under serious
consideration even during 2005.
Page Two
January 13,2006
Bob Shillinger
As we move on to the discovery phase of this litigation, I believe it is
an appropriate time to consider settlement before substantial time and
expense is incurred for depositions, etc, which will make settlement on these
terms impossible.
As with all settlement offers, we forward this letter to you in a good
faith effort to reach an amicable resolution, but it is made without prejudice
to our rights to proceed on all claims if settlement cannot be reached. This
settlement offer will be available until January 31,2006.
Ve ly yours,
~~
tuart Kessler
.
LA W OFFICES
JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & McDuFF, P.A.
A PROFESSIONAL ASSOCIA nON
SCOTT D, ALEXANDER, PA ROBERT E. MURDOCH
MICHAEL T. BURKE 't MICHAEL R PIPER, P.A .
CAROLYN A. EGAN 2455 EAST SUNRISE BOULEVARD WILLIAM E. PLATOW
ERIN E, GILL SUITE 1000 JEREMY A. SCHINDER
JEFFREY L. HOCHMAN, PA FORT LAUDERDALE, FL 33304 DAVID M. SCHWEIGER, PA
E. BRUCE JOHNSON' TAMARA M. SCRUDDERSt
RICHARD H, McDUFF, PA' CHRISTOPHER L. SMITH
CINDY A. WILLIAMS
TELEPHONE (954) 463-0100
>II BOARD CERTIFIED CIVIL TRiAL LA WYERS TELECOPIER (954) 463-2444
t BOARD CERTIFIED APPELLATE LAWYERS RETIRED
RONALD P. ANSELMO
BURLF.GEORGE
January 6, 2006
Robert B. Shillinger, Esquire
Assistant County Attorney
Office of the County Attorney
P.O. Box 1026
Key West, FL 33041-1026
Re: Stuart Kessler vs. Monroe County
Our File No. 25-407 MTB
Dear Bob:
This will serve as a follow up to our recent telephone conversation wherein I
suggested that each of the Defendants serve a proposal for settlement in the amount of
$100.00. The service of such a proposal will put financial pressure on Plaintiff, Kessler, to
drop the litigation. If Kessler does not accept the proposals for settlement within the thirty
days allowed by Rule and if one or both of the Defendants subsequently prevail, the Court
may very well enter a judgment against Kessler for the amount of attorneys' fees and costs
incurred subsequent to the service of the settlement proposal. Unless such a proposal is
made, Kessler has no financial downside to continue with the litigation.
By copy of this letter, I am advising the County Administrator of my recommendation
and emphasizing that I am recommending the proposal not because Kessler's case has any
. merit, but for the strategic purposes described above. Please advise if I am authorized to
proceed with the preparation and service of$100.00 proposals for settlement.
y
Michael T. Burke
For the Firm
MTB/lt
cc Mr. Thomas J. Willi