SUBJECT/RECOMMENDATION:
Title
Approve an agreement with Bush Graziano Rice and Hearing, P.A. in Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Appeal Number 25-14524-D, and Nathaniel Brooks v. City of Clearwater, FMCS Case #250925-09977, and authorize the appropriate officials to execute same. (consent)
Body
SUMMARY:
In December 2021, Mr. Brooks filed a lawsuit against the City of Clearwater and Mr. Roseto and alleged employment discrimination and retaliation for events that occurred between 2014 and 2018. The City and Mr. Roseto prevailed at the trial court level and were awarded attorney’s fees and costs. Mr. Brooks has appealed the trial court’s decisions to the 11th Circuit Court of Appeals. In addition, Mr. Brooks has alleged other claims against the City in an employment arbitration.
The Code of Ordinances requires the City to protect and defend both current and former employees in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of their public employment or duties.
The City Attorney has assigned defense of these legal matters to Gregory Hearing and Sacha Dyson of the law firm of Bush Graziano Rice & Hearing, P.A. The City Council authorizes the City Attorney to approve legal lee invoices in the not-to-exceed amount of $100,000 for these cases.
This agreement is exempt from bidding pursuant to Section 2.563(1)(g), Clearwater Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
A budget amendment may be needed in cost code 01009600-530100, Professional Services, to fund this contract. The operating budget of the City Attorney’s Office is funded by General Fund revenue.