Title: Settlement Re: John Patterson v. Arthur Johnson

Recommendation:
I recommend the School Board approve Settlment in the matter of John Patterson v. Arthur Johnson, a copy of which is attached hereto, and authorize the Chairman and Superintendent to execute all related documents.

Description:

• This Settlement Agreement settles the court case of Patterson v. Johnson, as Superintendent, and McGee, CASE NO: 02003CA013280XXOCAH.
• Currently, in this public records mandamus lawsuit, Superintendent Johnson has filed an appeal and Petitioner John Patterson has filed a cross-appeal with the Fourth District Court of Appeal in CASE NO. 4D04-3809 of a Final Judgment entered on August 12, 2005 against the Superintendent for $ 29,526.60 with interest for attorneys’ fees and costs.  Summary judgment had been entered on August 31, 2004 against the Superintendent in this action.
• For dismissal with prejudice of the trial court action, withdrawal of Johnson’s appeal with prejudice, and Patterson’s cross-appeal with prejudice, the School District will pay Patterson’s counsel $26,000.00.
• Patterson will execute and have recorded a Satisfaction of the Judgment.
• The dismissal and withdrawals are with prejudice and the Agreement contains a representation that the parties are unaware of any other claims relating to this matter and do not intend to assert any.  PATTERSON’s dismissal with prejudice filed with the circuit court of Johnson, the School Board, and its employees operates as a limited release by him of any claims against these parties relating to the public records request underlying this lawsuit.
• The Agreement contains a non-admission clause.
• The Agreement is subject to School Board approval.

Financial Impact:
The finacial impact to the District is $26,000 from the General Fund.

For Additional Information, contact:

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

Bruce A. Harris, Esq.

Attachments (list):
John Patterson Settlement Nov 16, 05.doc