Clamping its nose from what it considers to be an unsavory decision, the Flagler County Commission voted 3-1 this morning to approve a $20,000 settlement with former employee Samantha Whitfield, the former county human resources manager who sued on allegations that she’d been wrongfully terminated in retaliation for reporting a colleague’s misconduct.
Whitfield worked for Flagler County from August 2019 to July 2024, when she resigned. She sued that November, saying she was subjected to bullying, and when she reported the alleged problems with another employee, the administration did not stand by her. Then-County Administrator Heidi Petito accepted a resignation the administration considered voluntary and uncontroversial. The matter was thought to be closed until the lawsuit was filed.
“Every allegation in this lawsuit is completely frivolous, just balderdash. It is completely incorrect and wrong and false,” Deputy County Attorney Sean Moylan said this morning, addressing the commission. “But it was a claim that’s covered under our errors and omissions policy of our insurance policy.” He also called the lawsuit “bogus.”
Docket sounding–the last step before trial–was scheduled for June 3, and a trial was scheduled for June 15 before Circuit Judge Sandra Upchurch. Pausha Taghdiri, the Roper, Townsend & Sutphen attorney representing the county’s claim, had filed a motion for summary judgment–when the judge could have ruled either in favor of the county, ending the lawsuit, or ruled to continue to trial–on April 16. The motion argued that Whitfield had voluntarily resigned, that she could not prove discrimination, and that her complaint had procedural flaws.
“Prior to the tension in the office,” Whitfield had said in a deposition, when asked why she had resigned voluntarily, “I would have retired with the County. This is my hometown county. I would have stayed here forever. I loved my job. I loved the position. With no issues. So there was never any reason for me to leave. But the — the harassment and the bullying and the — it just — it had made things intolerable, completely intolerable in that office. And I felt like I was — I was not being supported.”
The attorney representing the county had through discovery secured documents, including Whitfield’s letter of resignation and some text messages, that drew a different picture, showing Whitfield to have acted voluntarily, complimenting her colleagues, and speaking of her work environment in positive terms down to an “amazing” leadership retreat on the eve of her last day at work.
Motions for summary judgment are intended to stop litigation before trial if a case is frivolous, as the county says this case was, since there wouldn’t be valid claims to litigate before a jury. It isn’t clear why the motion for a summary judgment was not heard.
The insurer’s law firm on the matter negotiated the settlement as a business decision that would cost the county less than litigating further. “If we were to litigate this through to conclusion, it would cost much more than $20,000 even though you come out victorious, it’s less expensive to settle, as unsavory as that may be, than it is to fight it out and win in the end.”
Commissioner Andy Dance was opposed to a settlement. “It just perpetuates this perception that anything brought against us will be settled,” Dance said. “I understand the positives of it. You get it behind you, you move on, but these types of things can affect future rates.” Moylan said a trial would affect future rates as well.
Commissioner Kim Carney didn’t want to approve the settlement either, but wanted to get it “behind us.”
Dance was surprised that the settlement was part of today’s agenda. It was on the consent agenda–the part of the agenda that normally includes routine items and that commissioners approve wholesale unless an item is pulled for discussion and an individual vote. Settlements of the sort are usually addressed administratively.
Speaking for County Attorney Michael Rodriguez, Moylan said that while previous county attorneys handled such matters administratively, Rodriguez prefers to submit them to commissioners.
“I don’t know that I like it being able to be switched depending on who the attorney is,” Dance said. He is looking for a threshold or “a grading scale, if it reaches some point we don’t settle. Again, I find this a self-perpetuating problem, though, as we continue to settle when we know we’ve got a case, and although it may be more expensive, these will never ever go away.” He asked for a commission policy on how to handle employment lawsuits in the future. The commission agreed. Commissioner Pam Richardson was absent from the meeting.
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