Fernandina Beach City Commission votes 5-0 to approve Marley settlement

Submitted by Suanne Z. Thamm
Reporter – News Analyst
February 3, 2016 7:17 p.m.

 

DSCN6243

 

At a Special Meeting called for February 3, 2017, the Fernandina Beach City Commission (FBCC) unanimously approved a settlement of the lawsuit filed by former city Human Resources Director Robin Marley. Marley, who claimed that she had been wrongfully fired in 2014 for whistleblowing activity surrounding the city Fire Rescue Department, did not attend the meeting.

Under terms of the agreement, Marley’s attorney will receive $300,000 directly. Marley will be reinstated to the position of Human Resources Director and receive back pay in the amount of $102,185.91 and lost benefits in an amount up to $6,117.19 based upon documentation and calculations to be done after reinstatement. Marley has signed an employment agreement with City Manager Dale Martin, which states that if the City terminates her employment prior to March 23, 2020 (Marley’s retirement date), the termination cannot be arbitrary or capricious.

City Attorney Tammi Bach
City Attorney Tammi Bach

City Attorney Tammi Bach, in an attempt to dispel false rumors circulating in the community, asked City Manager Dale Martin to respond for the record if he had any objections to returning Marley to her position, as specified in the agreement. Martin said, “I have no reservations about re-employing Mrs. Marley. I look forward to working with her. Let’s let the city move on.”

Former Mayor-Commissioner Ron Sapp
Former Mayor-Commissioner Ron Sapp

Former Mayor-Commissioner Ron Sapp addressed the FBCC with procedural questions concerning how the settlement agreement squared with the City Charter. Under the City Charter, the City Manager has the sole authority to hire and fire city employees and the FBCC is prohibited from interfering. Bach explained that in effect there are two related but separate agreements governing Marley’s return. The first is the actual legal settlement approved by the court. The second is a re-employment agreement between the City Manager and Mrs. Marley.

Bach explained that in settlement cases, re-employment is always the preferred settlement. She said that Martin could have expressed concerns when the settlement was being fashioned, but he did not.

Sapp emphasized that he was not questioning whether the settlement should have involved reinstatement; rather he was concerned that provisions of that settlement might conflict with the Charter. Bach replied that when a judge approves a settlement, it pre-empts existing conditions such as a charter, policy or ordinance. This means that the position that Marley returns to does not need to be advertised.

Commissioner Len Kreger said, “Nobody wins in this situation,” adding that he was sorry that attorneys leaked elements of the settlement before it had been finalized. He said that any alleged performance deficiencies had not been documented, implying that the case would not have withstood legal scrutiny.

Commissioners Len Kreger (l) and Roy Smith
Commissioners Len Kreger (l) and Roy Smith

Commissioner Tim Poynter agreed. He said that the alleged performance issue had not been handled properly from the beginning. “Mrs. Marley should not be made out to be the bad guy in this situation, because she isn’t,” he said. Poynter also expressed dismay over false rumors about circumstances surrounding the settlement that are circulating in the community.

City Manager Dale Martin (l), Commissioner Tim Poynter, Vice Mayor Robin Lentz
City Manager Dale Martin (l), Commissioner Tim Poynter, Vice Mayor Robin Lentz

 

DSCN6241Mayor Johnny Miller in expressing his support for the settlement agreement said that the FBCC had to consider the cost to the city of engaging in a protracted legal proceeding in terms of money, staff time and morale. Should the city have continued fighting the lawsuit and lost, the city’s costs would have been significantly higher than the settlement. But he added, “Do not mistake kindness for weakness.”

 

 

Following publication of this article the Fernandina Observer received the following information in a press release from the office of Marley’s attorney, Tad Delegal:

“This action by the City Commission is not only a win for Robin Marley,” said attorney Tad Delegal. “It is a big step forward for the City and people across Florida because it shows that they can depend on the law to protect whistleblowers.”

“Marley was fired 15 months ago by the former City Manager after complaining about substantial problems in the Fernandina Beach Fire Department administration. Marley, who was the city’s human Resources Director for 10 years, filed a civil lawsuit against the city shortly after being dismissed.

“Delegal said the suit was scheduled for trial next week, but instead was settled with an agreement to reinstate Marley to her job with full back pay and benefits, plus $300,000 in combined attorney’s fees and pain and suffering damages. The total settlement is worth over $400,000.

“The reality is that we obtained more through settlement that we would have likely obtained through a successful jury verdict,” Delegal said. “In addition to the reinstatement and back pay, the city has agreed to provide an additional level of protection through an employment agreement under which Robin Marley will be permitted to work through per full retirement age, and is protected against arbitrary or capricious termination of her employment.”

“Delegal complimented city officials for negotiating a settlement that is fair to his client. “It is extremely rare for an employer that has been sued to agree to reinstate the plaintiff in a civil lawsuit,” Delegal said. “This shows that the city leaders have a strong sense of fairness, and wanted to make amends to a long-term employee who had served the city well in an important position.”

“Marley is scheduled to return to work with the city in March.”

 

Suanne Thamm 4Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.

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Dave Lott
Dave Lott(@dave-l)
8 years ago

Happy for all that this has been settled. I am sure that there will be some awkward times for Robin when she first returns but she is a professional person and will deal with them as necessary. Thanks to Ashley Metz for serving as the City’s HR Director for the past 15 months.

Dan Marley
Dan Marley (@guest_46648)
8 years ago

Our faith and our friends and families have helped us endure. Robin’s integrity has been defended.

Philip Griffin
Philip Griffin (@guest_46662)
8 years ago

Welcome back to City Hall Robin and thanks for making it easy on the taxpayers after you were mistreated. Hopefully this is the beginning of a new era where the taxpayers are not always enduring the cost and embarrassment of settling claims that should never have occurred in the first place.