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 insu...
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