Created : March 02, 2014 at 06:40 PM
December 17, 2013
Status:
Open Agenda
Approve the Settlement Agreement and Release of All Claims between The School Board of Broward County, Florida and Michael Marchetti and Valarie Marchetti, in Broward County Circuit Court, Case No. 11-28067 (05).
Plaintiffs Valarie and Michael Marchetti filed a lawsuit against the School Board in a case styled Michael Marchetti and Valarie Marchetti vs. the School Board of Broward County, Case No. 11-28067(05) in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida alleging a violation of the Florida Public Sector Whistleblower's Act. Plaintiff Valarie Marchetti's employment was terminated on June 30, 2011 as part of a reduction in force. Plaintiff Valarie Marchetti alleged in the lawsuit that her termination was in retaliation for a protected disclosure she made to the Broward State Attorney's office in September 2010 and Plaintiff Michael Marchetti alleged that the termination of his wife's employment was in retaliation for several protected disclosures he claimed to have made to federal, state and local agencies. School District employees denied Plaintiff's claims, and if not settled the dispute would need to be resolved through a jury trial in January 2014.
The parties have agreed to resolve and settle all claims asserted with respect to the above referenced litigation. The School Board will pay Valarie and Michael Marchetti the total sum of $190,000 and will pay their attorneys $85,000 for attorneys' fees and costs resulting in a total settlement amount of $275,000. The Plaintiffs will execute general releases of all claims and will dismiss with prejudice the pending lawsuit against the School Board. The remaining settlement terms and conditions are outlined within the attached settlement agreement.
Outside counsel recommends approval of the settlement agreement as a fair and reasonable cost-effective resolution of this dispute.
The financial impact to the District is $275,000. The source of funds is the District's self-insured fund.
Requested Action
Approve the Settlement Agreement and Release of All Claims between The School Board of Broward County, Florida and Michael Marchetti and Valarie Marchetti, in Broward County Circuit Court, Case No. 11-28067 (05).
Summary
Plaintiffs Valarie and Michael Marchetti filed a lawsuit against the School Board in a case styled Michael Marchetti and Valarie Marchetti vs. the School Board of Broward County, Case No. 11-28067(05) in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida alleging a violation of the Florida Public Sector Whistleblower?s Act. Plaintiff Valarie Marchetti?s employment was terminated on June 30, 2011 as part of a reduction in force. Plaintiff Valarie Marchetti alleged in the lawsuit that her termination was in retaliation for a protected disclosure she made to the Broward State Attorney?s office in September 2010 and Plaintiff Michael Marchetti alleged that the termination of his wife?s employment was in retaliation for several protected disclosures he claimed to have made to federal, state and local agencies. School District employees denied Plaintiff?s claims, and if not settled the dispute would need to be resolved through a jury trial in January 2014.
The parties have agreed to resolve and settle all claims asserted with respect to the above referenced litigation. The School Board will pay Valarie and Michael Marchetti the total sum of $190,000 and will pay their attorneys $85,000 for attorneys? fees and costs resulting in a total settlement amount of $275,000. The Plaintiffs will execute general releases of all claims and will dismiss with prejudice the pending lawsuit against the School Board. The remaining settlement terms and conditions are outlined within the attached settlement agreement.
Outside counsel recommends approval of the settlement agreement as a fair and reasonable cost-effective resolution of this dispute.
School Board Goals
| Goal 2: Continuous Improvement |
Financial Impact
The financial impact to the District is $275,000. The source of funds is the District's self-insured fund.
Source of Additional Information
Marylin Batista-McNamara, Esq. 754-321-2050 J. Paul Carland, II, Esq. 754-321-2050
Associated File Attachments
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Settlement Agreement and Release (Files) | |
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ExecutedCompleteCopy (Files) |