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Board counsel briefs trustees on state 'scrutinized companies' rule and Supreme Court guidance on disability claims

September 19, 2025 | Punta Gorda City, Charlotte County, Florida


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Board counsel briefs trustees on state 'scrutinized companies' rule and Supreme Court guidance on disability claims
Punta Gorda City — Blanca Greenwood, board counsel, told trustees the board received two informational legal memos: one on a new state mechanism identifying “scrutinized companies” (those alleged to boycott Israel) and another summarizing a recent Supreme Court decision about conflicts between total and permanent disability claims and discrimination complaints under the Americans with Disabilities Act.

Greenwood said the state is compiling a list of companies that the statute deems to engage in boycott activity; under the law the board may not invest in or contract with listed companies when the value exceeds $100,000. She advised trustees that a state process exists for compiling the list and that vendors and the consultant community have been notified. Greenwood recommended adding updated contract language for renewals effective July 1 to ensure compliance and said there is a mechanism and timeline to allow divestment if a company appears on the list.

On the court matter, Greenwood summarized a Supreme Court ruling that creates a practical conflict when an individual simultaneously claims to be totally and permanently disabled (seeking pension disability benefits) and separately alleges disability discrimination. “You can't have both,” Greenwood said, noting that the board would need to evaluate credibility in the rare circumstance where both a full disability application and an ADA discrimination complaint are active; medical experts and counsel would inform the board’s credibility assessment. Greenwood said both memos were informational and required no immediate action by the trustees, though counsel would assist if cases or contract renewals triggered compliance steps.

No formal board action was taken on either item; Greenwood said she would coordinate contract‑language updates and counsel support when necessary.

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