Policy 6.09

Settlements of Claims, Lawsuits, and Workers Compensation Matters

1. Except as set forth in the Policy, any settlements of claims or lawsuits which the Superintendent favors accepting or offering, shall be brought by the Superintendent to the Board for a vote for approval.

2. Once a case is in litigation, all proposals for settlement/offers of judgment or settlement offers made or received in any amount, whether or not such proposals or offers are accepted or rejected, shall be provided promptly to the Chief Counsel for reporting to the Board.

3. During the mediation of a civil proceeding, the attorney representing the School Board and/or its employees, as well as the School Board's representative physically present at the mediation session, shall have, within the meaning of Florida Rules of Civil Procedure 1.720(b), full authority to negotiate on behalf of the School Board and to recommend settlement by the Superintendent to the School Board.

4. Except as stated in section (7) below, proposals for settlements/offers of judgment or settlement proposals for pending or threatened litigation or claims may be accepted, and/or offered and processed for payment, by certain administrators as set forth below (providing they have determined that such offer or acceptance will be in the best interest of the School Board upon consideration of the factors in Section (5) below and after consultation with the Office of Chief Counsel):

1. by the Superintendent or Director of Employee Benefits and Risk Management for claims or cases involving auto and general liability at or below $50,000;

2. by the Superintendent or Director of Employee Benefits and Risk Management for Workers' Compensation claims at or below $50,000;

3. by the Superintendent or the Chief Officer of Human Resources for personnel issues at or below $7,500, or for non-monetary personnel remedies;

4. by the Superintendent or the Chief Operating Officer for labor relations issues at or below $7,500 or for non-monetary labor relations remedies; and

5. by the Chief Counsel (after consultation with the Superintendent/designee), for pending or threatened litigation in areas other than those listed in subsections (a) – (d) above, at or below $7,500.

5. Factors to consider in determining whether settlement is in the best interest of the School Board, in Section (4) above, may include:

1. risk analysis;

2. cost to defend or litigate;

3. potential liability of the School Board through its agents or employees;

4. plaintiff’s damages based on theories in the complaint or petition;

5. relative merits of the case;

6. characteristics of the opposing party, School Board’s agent or employee, experts, and key witnesses;

7. ability and experience of opposing counsel;

8. potential impact on School Board policies or the School District in general; and

9. other aggravating or mitigating circumstances.

6. All settlement agreements entered into pursuant to Section (4) above shall be promptly reported to the Board.

7. Not withstanding the above, the Superintendent shall bring to the Board, for payment approval, any claim settlement, regardless of type or amount, where the Superintendent or the Superintendent’s direct reports are named as a party or potential defendant .

8. Pursuant to Fla. Stat. § 69.081(9), for any settlement of a claim in tort which requires the expenditure of public funds in excess of $5,000, a legal notice shall be provided in a newspaper of general circulation in the county in which the claim arose, within 60 days of entering into such settlement; provided that no notice shall be required if the settlement has been approved by a court of competent jurisdiction.

9. As required by Fla. Stat. § 69.081(8)(b), any person having custody of any document, record, contract, or agreement relating to any settlement in tort shall maintain said public records in compliance with Florida Statutes, Chapter 119.

10. Except as to paragraphs two (2) and three (3) above, the provisions in this Policy do not apply to eminent domain lawsuits.