Title: Special Meeting re: Jerry Smith

Recommendation:

I recommend that the Board authorize the Chairman and Superintendent to execute, in the case of Smith v. School Board, et al. , the written Authorization to Admit Liability and Try Case on Damages only, further authorize the Chief Counsel or his designee to sign the Stipulation of Parties, which stipulation would dismiss with prejudice the Defamation Counts of the Amended Complaint.

Description:

• Plaintiff, Jerry Smith, sued the School Board, Chief James Kelly and Officer Robert Thomas in State Court, alleging defamation against all three (3) defendants.  The Complaint further alleges violation under 42 U.S. §1983 against the School Board and Chief Kelly, for failing to give him a name clearing hearing, as required by Federal law. 
• The case is currently set as the number one case on a February 21^st, 2006 docket. 
• Officer Thomas would be dropped as a Defendant. 
• Chief Kelly and Officer Thomas agree with this recommendation. 
• Jerry Smith has authorized his Attorney, Fred Ford, to sign the proposed Stipulation of the Parties.

Financial Impact:
TBD

For Additional Information, contact:

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

Steven A. Stinson, Esq.

Attachments (list):
Smith Authorization Feb 1, 06.pdf
Smith Stipulation Feb 1, 06.pdf