Title: Settlement Agreement re: Donald Persson v. PBCSB

Recommendation:
I recommend the Board approve the Settlement Agreement in the matter of Donald Person vs. School Board of Palm Beach County, Florida, and Premier Behavioral Solutions, Inc., and authorize the Chairman and Superintendent to execute all necessary documents.

Description:

• This employment lawsuit was filed by Donald Persson against the School Board and Premier Behavioral Solutions, Inc. (with whom Persson has previously settled).
• The case is currently before Magistrate Judge Edwin G. Torres on the issue of the amount of attorneys’ fees and costs awardable to Plaintiff in this action. Persson had prevailed at trial on his whistleblower claim against the School Board and had been awarded damages, which has already been paid.  The Board met in an attorney-client session on this matter on January 11, 2006.
• Plaintiff’s motion for costs, including attorneys’ fees, seeks $ 151, 576.50 in fees and $ 8, 141.15 in costs for a total of $159,717.65.   This amount is supported by verified time records and an affidavit of an attorney, as an expert witness.
• The proposed Settlement Agreement settles this court case and contains these terms:
• The School Board shall pay to Plaintiff, through his attorneys,  $102,500.00 as payment of attorneys’ fees and costs. 
• Plaintiff will file a joint stipulation of dismissal with prejudice of the court action within ten days after receipt of payment.
• A representation that Plaintiff’s counsel has the authority to execute the agreement on his client’s behalf and that the agreement is voluntary. The parties acknowledge this is their entire agreement and there are no other representations other than what is contained in the Settlement Agreement.
• The parties represent that they are not aware of any other claims they may have against each other arising out of this litigation.
• A limited release by Plaintiff of any claims, except as to obligations under the Settlement Agreement, against the School Board and its agents relating to this lawsuit.
• A non-admission clause. 
• Subject to School Board approval.

Financial Impact:
The financial impact is $102,500.00 from the District Litigation Funds.

For Additional Information, contact:

Gerald A. Williams, Esq., Chief Counsel (williamsg@palmbeach.k12.fl.us)

Bruce A. Harris, Esq., Senior Counsel

Attachments (list):
Persson Settlment March 1, 06.pdf