2010-48 Partial Reimbursement of Attorney's Fees & CostsRESOLUTION 2010-48
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING THE PARTIAL
REIMBURSEMENT OF ATTORNEY'S FEES AND COSTS EXPENDED BY
PATTI UNRUH DEFENDING A LAWSUIT BROUGHT BY A FORMER
VILLAGE TENNIS PROFESSIONAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Marcel Agnolin ("Agnolin"), one of the Village's former tennis professionals, filed
suit against the Village to recover damages for defamation and also named John Morsut,
Marcy Verrastro and Patti Unruh ("Unruh") as party defendants in their individual capacities
("Agnolin Litigation"); and
WHEREAS, in his Second Amended Complaint filed in July 2008, Agnolin specifically alleged
that commencing October 2004, Unruh made defamatory statements about him and interfered
with his efforts to find employment after the Village terminated his contract in 2005; and
WHEREAS, Unruh served as the Tennis Advisor on the Village's Country Club Advisory Board
from 1999 through October 23, 2003, and while a member of the CCAB, recommended against
renewing Agnolin's contract; and
WHEREAS, at the time Agnolin filed his complaint, the Village was a member of the South East
Risk Management Association ("SERMA"), a cooperative agency established for the purpose of
administering a risk management pool to protect against risks incurred by its member agencies in
accordance with Section 768.28, Florida Statutes; and
WHEREAS, EMI, SERMA's claims administrator, informed the Village in November 2008 that
it could not provide a defense for Unruh because Agnolin did not (and could not due to the
statute of limitations applicable to his claims) allege that Unruh committed any wrongful act
within the course and scope of her official function as a member of the Village's CCAB and
therefore his allegations fell outside the scope of Section 768.28, Florida Statutes; and
WHEREAS, Unruh hired her own attorney to represent her in the Agnolin Litigation at a rate of
$350.00 per hour and personally expended $34,744.30 in attorney's fees and costs before
entering into a separate non-monetary settlement with Agnolin; and
WHEREAS, Unruh requested reimbursement from the Village for attorney's fees and costs
expended, maintaining that she would not have been joined as a party in the Agnolin Litigation
had she not recommended against renewing Agnolin's contract while still a member of the
Village's CCAB; and
WHEREAS, the Village Council deferred consideration of Unruh's request until after the
conclusion of the Agnolin Litigation; and
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WHEREAS, in July 2010, EMI unilaterally approved a monetary settlement with Agnolin within
• EMI's scope of settlement authority and without obtaining consent from the Village Council; and
WHEREAS, while not statutorily required to reimburse Unruh for her attorney's fees and costs,
the Village Council finds that Agnolin would not have filed suit against Unruh but for her service
on the Village's CCAB and recognizes the general common law principle that governmental
agencies may reimburse public officials for representation costs incurred in defending
themselves against legal action arising out of their public duties; and
WHEREAS, the Village determines that the partial reimbursement of Unruh's attorney's fees
and costs serves a proper public purpose, namely, to avoid the "chilling effect" that the denial of
her reimbursement request may have on persons providing invaluable assistance to the' Village
while serving on various Village advisory boards and committees; and
WHEREAS, the Village Council determines that the adoption of this Resolution in the best
interests of the residents and citizens ofthe Village ofNorth Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified and incorporated herein.
Section 2. The Village Council hereby approves the partial reimbursement of attorney's fees
and costs personally expended by Patti Unruh in defending the lawsuit filed against the Village
and Unruh by Marcel Agnolin in the total amount of $19,500.00. The funds shall be expended
from Account No. A5540-49911 (Council Contingency).
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 16th DAY OF SEPTEMBER, 2010.
(Village Seal)
ATTEST:
VILLAGE CLERK
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MAYO
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