TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve Employment Separation and Release Agreement By and Between David Brown and the City of North Port, Florida.
Recommended Action
Option 1: Approve Employment Separation and Release Agreement by and between David Brown and the City of North Port, Florida.
City Commission Options
Option 1: Approve Employment Separation and Release Agreement by and between David Brown and the City of North Port, Florida.
• Pros: Approval of the Agreement fully resolves all pending and potential employment-related claims; avoids the uncertainty, cost, and time associated with continued litigation; and caps the City’s financial exposure at a known amount. It eliminates the risk of adverse findings, damages, or Attorney fee awards; provides a clear and final separation with defined terms and obligations; and reduces staff time and operational disruption related to ongoing legal proceedings.
• Cons: Approval of the Agreement requires a significant one-time financial expenditure; may be perceived as costly despite no admission of wrongdoing; and limits the City’s ability to further contest the employee’s claims.
Option 2: Deny the Employment Separation and Release Agreement by and between David Brown and the City of North Port, Florida.
• Pros: Declining to approve the Agreement avoids an immediate settlement payment; allows the City to continue defending its position; and preserves the ability to seek dismissal or obtain a favorable ruling on the merits.
• Cons: This option would result in continued legal fees and staff time with an uncertain duration; creates the risk of greater financial exposure if the claims are successful; and carries the potential for adverse rulings, damages, penalties, or Attorney fee awards. It also prolongs operational uncertainty and disruption; offers no guaranteed resolution of the claims; and presents the risk that insurance coverage for the claim may be limited or unavailable under the applicable policy.
Background Information
The City of North Port has been engaged in ongoing employment-related disputes with a City of North Port employee, including multiple pending charges filed with the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR). To resolve all outstanding matters and avoid continued litigation risk and expense, the City and the employee have negotiated a proposed Settlement and Release Agreement, contingent upon City Commission approval per Ordinance No. 2015-43.
Section 3: Settlement of Claims of Ordinance No. 2015-43 states:
“The City Manager, with the advice of the City Attorney and staff, will have the authority to consider and settle all claims that are made against the City of by the City in an amount to exceed one hundred thousand dollars ($100,000). All claims that are made against the City or by the City in an amount exceeding one hundred thousand dollars ($100,000) will be presented to City Commission for discussion and authorization to settle.”
The proposed Agreement provides for the employee’s voluntary resignation effective January 14, 2026; payment of accrued leave as required by City policy; and a negotiated monetary settlement in exchange for a full release of claims; withdrawal of all pending administrative charges; non-disparagement provisions; and a no-reapply/no-rehire provision.
Number 8., No Admission of Wrongdoing. of the Employee Separation and Release Agreement states:
“This Agreement shall not in any way be construed as an admission by Employee or the Employer (including “Released Parties” as defined herein) of any acts of wrongdoing whatsoever by one Party against the other Party, or against any other person.”
The Employment Separation and Release Agreement by and between David Brown and the City of North Port, Florida, has been reviewed by the City Attorney and is legally correct as to form.
Strategic Plan Pillar
Good Governance
Financial Impact
Funding is available in the Fiscal Year 2025-2026 budget within the City of North Port’s Risk Program, account no. 530-0900-513-49-78, to cover the settlement amount of $161,800 and the $40,000 stipend. The City of North Port is subject to a self-insured retention of $100,000. Upon closure of the claim, the City’s excess insurance carrier will reimburse the City for costs associated with this claim that exceed the amount of $100,000.
Procurement
Not applicable.
Attachments:
1. Settlement Agreement and Release
2. Ordinance No. 2015-43
Prepared by: Sandy Knowles, Human Resources Assistant Director
Department Director: Christine McDade, Human Resources Director