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County attorney reports three notices of claim; schedules 50‑h examinations and flags FMLA, lease corrections

3050264 · April 11, 2025
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Summary

The county attorney reported three notices of claim — a trip-and-fall, a privacy/marketing claim and an employment discrimination/harassment claim — and said 50‑h examinations are scheduled; the office also noted an administrative error on solar lease paperwork requiring a public-hearing reschedule.

The county attorney reported three notices of claim to the board and described the county’s planned responses, including scheduled 50‑h examinations and outside counsel assignments.

The first notice, from a Joe Kelly, alleged a personal-injury trip and fall on a cracked sidewalk dated in November 2024; the county’s insurer (Travelers) investigated and closed the claim, the county attorney said. The second notice, filed by June Maxim and dated Feb. 12, 2025, alleged invasion of privacy and related harms from publication and sharing of a personal email address and complained about a mandatory CivicPlus process for FOIL requests; the county attorney said he found “no merit” to the claim but that the county is required to report it to the insurer and has scheduled a 50‑h examination for April 18, 2025. The county attorney said he expects the claimant may fail to appear; if so, the county will renotice as required.

The third notice, filed by employee Michael Tyrrell on April 1, 2025, alleges employment-practice issues including discrimination and harassment; Travelers has been notified, coverage is extended and a 50‑h examination is scheduled for May 23, 2025. The county attorney told the board these claims have required review of Family and Medical Leave Act (FMLA) policies and that the county’s risk and safety committee will participate in the FMLA policy review prior to any update proposed to the board.

The county attorney also said his office mistakenly included a solar-lease approval in last month’s packet (resolution 88) and that the board should first approve a corrected resolution and then schedule a public hearing under resolutions 4 and 6 so a public hearing can occur prior to a final vote on amended airport solar-lease agreements.

Why it matters: notices of claim trigger legal and insurance procedures and can require personnel and policy reviews. The scheduled 50‑h examinations and the engagement of outside counsel and the county’s insurer set a timeline for fact-gathering and potential litigation or administrative resolution. The correction and rescheduling of solar-lease public hearing items affects the county’s timeline for those lease approvals.

Ending: The county attorney said the county will continue to report the claims to its insurer where required, schedule examinations and coordinate with outside counsel; he indicated the county will update the board after the 50‑h examinations or further legal steps.