4/7/1998 - Laserfiche WebLink

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Background Following the death of her husband, William, on March 6, 1995, Susan Roberts through her attorney, Louis B. Vocelle, Jr. filed suit against the County for excess life insurance benefits in the amount of $60,000.00. Mr. Roberts, a Buildings and Grounds employee at the time of his death, was in a job classification included within the Teamsters union which at the time of Mr. Roberts' death was negotiating with the County its initial c:ontrad. Because the excess fife insurance was a new employee benefit, and upon advice of labor counsel, the County was negotiating this benefit for bargaining unit employees including not only the Teamsters but also fire fighters and paramedics. At the time of his death, this benefit had not been negotiated. Analysis On March 10, staff and defense counsel, Lyman Reynolds, participated in mediation Mich was required prior to the April 22 trial docket We brought back to the Staff Claims Review Committee, composed of the County Administrator, County Attorney, Budget Director, General Services Director, and Risk Manager, the plaintiffs demand of $65,000.00. The Committee unanimously rejected the offer. Mr. Vocelle, however, has asked to appear at this public hearing to address the Board directly on his settlement demand. Attached is the Motion for Summary Judgment prepared by Mr. Reynolds which outlines the County's legal position in this matter. Mr. Reynolds figtlher recommends the Board exercise extreme caution in discussion of this matter in the public hearing as the matter involves pending litigation. Recommendation The Staff Claims Review Committee recommends that the Board not accept the settlement offer of $65,000.00 and that the County proceed to trial on the April 22 docket Attorney Lyman Reynolds recounted the background of the case Roberts v. Indian River County and recommended, as the County's special counsel and on behalf of staff that the Board not accept the Plaintiff's settlement offer of $65,000 and to proceed to trial on the April 22' docket. Attorney Louis B. "Buck" Vocelle, Jr. presented the case on behalf of the Plaintiff, Susan Roberts. He presented two handouts to the Commissioners which have been placed on file with the backup of the meeting. He asked that the Commission consider approving a settlement in the amount of $65,000 in order to avoid the unknown outcome of a court case, based on the fact that were a number of things that could have been done, that were not done, to ensure that the Roberts family understood that they did not have the insurance. Commissioner Adams was concerned about hearing this matter and whether or not the Commission should be commenting. County Attorney Vitunac noted that a court reporter was taking a verbatim, which is not unusual for a public meeting, since we always take minutes. The Board has the right to meet in private if they wish, but it was the consensus of the County's staff that there was nothing to hide and it could be talked about in a public meeting. If the Board wished to meet in private, there were certain procedures they must follow, but it could be done. There would be nothing wrong with settling this now if that is their wish. If it is not, then the matter would go to trial in two weeks. April 7,1998