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Flagler County approves $20,000 settlement in Whitfield lawsuit over objections from one commissioner
Summary
The Flagler County Board of County Commissioners voted 4–1 to approve a $20,000 settlement in Whitfield v. Flagler County after county counsel said the carrier recommended settlement for cost reasons and called the allegations "completely frivolous."
The Flagler County Board of County Commissioners voted 4–1 on June 1 to approve a $20,000 settlement in Whitfield v. Flagler County, closing a lawsuit a county attorney described as without merit.
County Attorney Michael Rodriguez told the board the claim, brought by a former employee, alleged gender discrimination, whistleblower-protection violations and disability discrimination. Rodriguez said the office found the allegations false on their face but that the county’s errors-and-omissions insurance carrier engaged outside counsel and recommended settling because litigation costs could exceed the settlement amount. "Every allegation in this lawsuit is completely frivolous, just balderdash," Rodriguez said.
Rodriguez said the insurance carrier negotiated the proposal and that the county would not pay attorney fees for the plaintiff; the insurer will cover the settlement payment. Human-resources staff and counsel confirmed the plaintiffs’ attorney would address fees independently from the county’s settlement payment.
Several commissioners said they disliked settling cases that they believed were defensible. One commissioner said settling could encourage future suits and possibly affect insurance rates, but others noted the immediate outlay and the carrier’s assessment of litigation cost. HR Director Charlie Picano cautioned that if the county refused settlement and litigation followed, the county could be responsible for court costs beyond the insurer’s offer.
After a roll-call vote — Chair Leanne Pennington yes; Commissioner Kim Carney yes; Commissioner Andy Dance no; Commissioner Greg Hansen yes; Commissioner Pam Richardson yes — the motion passed and the county approved the settlement.
The board held a public-comment period specific to the item; no members of the public spoke. The board recorded the settlement on the consent agenda under item 7e and moved on to other business.
What’s next: The settlement will be handled through the county’s insurance carrier; commissioners discussed possible policy-level review of how employee claims and settlements are brought to the board for review.
