Okaloosa County BOCC — June 2, 2015 — Proposed Settlement of case of Martin v. Okaloosa County — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 2, 2015 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Proposed Settlement of case of Martin v. Okaloosa County DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Christina Martin, an unsuccessful applicant for three separate Communication Technician/911 Call Taker positions previously sued the County on the basis of gender discrimination and retaliation for her exercising her Family Medical Leave Act rights. The claim of gender discrimination was dismissed by the Court but the retaliation claim was set for trial in October, 2015. Pursuant to a settlement conference with Magistrate Judge Charles Kahn, a proposed settlement has been reached between the parties. This settlement is subject to Board approval. BACKGROUND AND ANALYSIS: Christina Martin, an unsuccessful applicant for three positions with the Okaloosa County Public Safety Department as a Communications Technician/911 Call Taker in 2011, filed suit alleging gender discrimination and retaliation for her exercising her Family Medical Leave Act (“FMLA”) rights. The claim of gender discrimination was dismissed by the Court on a Motion for Summary Judgment, but was denied on the retaliation claim and set for trial in October 2015. The basis for that claim is that Ms. Martin had been previously employed by the Defuniak Springs Police Department and was terminated by them. She filed suit against the City alleging that she was terminated because she had exercised of her FMLA rights. Ms. Martin applied for the positions with the County and, though highly ranked, was not selected. She alleges that it was because the County became aware that she had sued the city for the denial of her FMLA and that is why she was not hired. If a jury believed that the reason she was not hired was because of her lawsuit alleging the denial of her FMLA rights, then that would be retaliation under the law and actionable. A settlement conference was held before the Magistrate Judge Charles Kahn and a proposed settlement was reached. The total amount of compensation that would be paid under the settlement would be $75,000. Of that amount to be paid, approximately $60,000 of that amount will paid by AIG, the County’s excess insurance carrier. AIG recommends that this matter be settled. In exchange for the compensation, Ms. Martin would dismiss her case with prejudice and agree not to apply for employment with the County for a period of 5 years. The terms of the settlement are attached hereto. OPTIONS: Approve/Disapprove. RECOMMENDATION: Approve the proposed settlement consistent with the attached terms. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator