A lawsuit spanning greater than a 12 months between the village of Islamorada and a former improvement providers director has reached an settlement.
Throughout a March 18 assembly, council members permitted a settlement in a lawsuit filed by Daniel Gulizio in opposition to the village through 4-1 vote; Vice Mayor Don Horton was the lone “no.”
A grievance filed by Gulizio’s lawyer Robert Bernstein, of the Coral Gables-based Annesser Armenteros, in November 2023 stems from the village’s termination of Gulizion on Could 30, 2023. The grievance characterised Gulizio’s termination as an “opposed personnel motion.” Employed in 2021, Gulizio oversaw the planning and improvement providers division.
Gulizio had a whistleblower declare and a breach-of-contract declare in opposition to the village. There was additionally a declare in opposition to former supervisor Ted Yates, though he was by no means served.
“The council members repeatedly and unjustifiably interfered with the administration of the division of planning and improvement providers and the tasks of Gulizio,” the grievance states. “Council members and the village supervisor repeatedly pressured Gulizio to approve particular person functions, regardless of the failure to satisfy related code necessities.”
Gulizio spoke publicly at a council assembly on Could 18, 2023 concerning the threats of being fired and his issues concerning the hostile office. Gulizio was handed a termination discover on Could 30, 2023.
In keeping with court docket paperwork, Gulizio knowledgeable the village shortly after his termination that he wished to obtain severance in a lump sum. The village refused to pay the severance, nevertheless.
Insurance coverage protection counsel Brian Koji defended the village in opposition to Gulizio’s declare. He advised council members through Zoom the perimeters reached a precept settlement final fall. Per the settlement, the village pays Gulizio $80,000 in damages. Gulizio will demiss all pending claims in opposition to the village and Yates.
Whereas Gulizio has signed the settlement, he has as much as seven days to revoke it. In flip, Gulizio agrees to voluntarily dismiss pending claims in opposition to the village and Yates. He additionally agrees to not file any further claims or lawsuits in opposition to the village and Yates.
“There have been some discussions over the language within the settlement and finally Mr. Gulizio didn’t signal the settlement till after the election,” Koji stated. “We met once more in govt session and we primarily gave Mr. Gulizio a deadline to file earlier in March to get it on this public assembly agenda or we’d transfer ahead with litigation. He did signal the settlement.”
Councilman seeks process for complaints in opposition to council, employees
Councilman Steve Friedman requested the council direct the village lawyer to current the village council with proposed personnel insurance policies and procedures to handle and resolve any future employees complaints in opposition to the village supervisor, council members or the lawyer. Because it presently stands, the worker handbook comprises worker grievance procedures however nothing is printed associated to complaints by employees in opposition to the village supervisor, lawyer or council.
Friedman’s request comes after the village council voted 4-1 throughout a Jan. 7 assembly to approve a severance-for-resignation settlement with former supervisor Rob Cole. Friedman, who voted no, stated in the course of the assembly that Cole by no means needed to go away his put up. Friedman stated he obtained a telephone name on Dec. 18 from lawyer John Fast regarding a written grievance made by a village worker in opposition to Cole. Friedman was given a quick abstract of the grievance.
Friedman stated he had no data of any conduct by Cole that might have “justified coercing him to resign in return for a number of weeks of severance.” Friedman stated he wasn’t in favor of the proposal providing Cole severance when it was initially offered; reasonably, Friedman needed to maintain Cole.
Friedman added the insurance policies and procedures ought to require an investigation when complaints are filed, and due course of must also be afforded to all events. Friedman’s request additionally included the requirement for a written report with findings from the investigation and suggestions for the village council earlier than being requested to contemplate or take motion on such complaints.
“The aim is to keep away from the earlier course of that resulted in presenting such complaints on to the village council for motion earlier than any investigation was carried out or advice made to council members concerning such complaints,” Friedman stated.
His movement didn’t get a second from fellow council members, a few of whom stated employees already was engaged on what Friedman was requesting. Jaime Terry, village human assets director, advised council that employees is conducting an entire revision of insurance policies and procedures inside the worker handbook, together with including procedures when complaints are lodged in opposition to the village supervisor.
Terry stated they’re hoping to have a proposal earlier than the council in roughly two months. Village Legal professional John Fast reaffirmed Terry’s feedback.
“We’ve been engaged on it for a short time; we recognized quite a few issues, this being one among them,” he stated.
Friedman requested Fast if he ever obtained authorization from the council to replace the insurance policies and procedures.
‘It looks as if a formality to do that,” Friedman stated in relation to a decision directing employees from council.
Fast stated he has been working with the village supervisor on it.
“Employees does create issues to current to the village council by way of issues we consider are required by legislation or finest apply or updates. That is a type of varieties of issues,” he stated.
Appearing Village Supervisor Sheila Denoncourt stated a draft coverage of procedures for the worker guide is within the fingers of division heads for evaluate and suggestions. It is going to then go to Fast for additional evaluate.
Regardless of failing to assist Friedman’s movement, Mayor Sharon Mahoney, councilwoman Deb Gillis and councilman Don Horton stated they supported his efforts.