On October 13, 2020 an agreement was made between David Preuter (Plantiff), The Town of White Springs and its insurer The Florida Municipal Insurance Trust (FMIT) including any of their heirs, Insurers and their past, present, or future commissioners, administrators, officers, elected officials employees, agents, attorneys, representatives and assigns in their individual and official capacity. The Town of White Springs and the Florida Municipal Insurance Trust and any and all of their insurers, commissioners, mayors, administrators, officers, elected officials, employees, agents, attorneys representatives and assigns, whether past and present, individual and officially will be referred to as “Defendant”. Plaintiff and Defendant will be referred to collectively as “The Parties”
REASONS FOR AGREEMENT:
The Town of White Springs denied any wrongdoing with respect to David Preuter and wished it understood that the settlement is a compromise of a doubtful and disputed claim and that the consideration made is not to be construed as an admission of liability of the Town of White Springs.
The Parties wished to resolve and settle the claims made by David Preuter in his lawsuit as well as any other claims Preuter may have against the Town of White Springs arising out of facts or events known or unknown, occurring up to and including the date of execution of the Settlement Agreement and full and final Release (Agreement).
PAYMENT: The Town of White Springs paid the sole amount of Twenty-Five Thousand Dollars ($25,000) to David Preuter in one check made payable to David Preuter and his attorneys, Brooks, Leboenf, Bennett, Foster & Gwartney, PA trust account within David Preuter signature on the agreement. The amount was paid for all alleged damages, costs and attorney’s fees incurred by David Preuter in connection with the lawsuit and his employment and relationship with the Town of White Springs. David Preuter by the agreement had to agree that the amount paid by the Town was valid consideration of the Agreement and release.
GENERAL RELEASE: David Preuter in the agreement had to release the Town from all claims of every kind (including attorneys’ fees and costs) which he ever had or now may have against the Town. The claims included, but were not limited to all claims which were asserted or could have been asserted in the lawsuit and Preuter’s employment with the Defendant, the termination of his employment, all claims for breach of expense or implied contract or covenant of good faith and fair dealing, all claims for retaliation or violation of public policy, all claims under the common law of Florida, all claims arising under the Uniformed Services Reemployment and Employment Rights Act (USERRA), Title VII of the Civil Rights Act of 1964, as amended, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Florida Public Whistleblower’s Act, the Americans with Disabilities Act, the Florida Civil Rights Act 42 U.S.C. 1981, 1983, 1985, 1988, the Constitution of the United States and Florida and any other federal, state or local laws relating to employment or benefits associated with employment, claims for emotional distress, mental anguish, personal injury, defamation, loss of consortium, any and all claims that may be asserted on Plaintiff’s behalf by others. Preuter further agreed that if he attempts to avoid or act aside the terms of the general release, or if the Town successfully asserts the general release as a defense or bar any claim asserted by or on behalf of Preuter, he shall be liable for the cost and attorney’s fees of The Town in defending such claims or asserting such defense based on the General Release.
NO FUTURE EMPLOYMENT: David Preuter represented and warranted that he will NOT apply for any position with the Town of White Springs.
DISMISSAL OF LAWSUIT – David Preuter agreed to dismiss the Lawsuit, with prejudice within five business days of the receipt of payment under the Agreement and to direct his attorney to provide the Town’s Attorney with proof that the Lawsuit had been dismissed immediately after it had been accomplished. Preuter also agreed that there was no complaint or civil administrative charges filed with any local, state or federal agency or court on his behalf regarding allegations made against the Town.
NO FURTHER CIVIL CLAIMS – Preuter was required to represent and warrant he will not file for any civil complaints, charges or lawsuits with any governmental agency or any court against the Town as well as agreeing to refrain from instituting, prosecuting, filing or processing or assisting or cooperating with the instituting prosecuting, filing or processing of any civil complaint, charge, or any litigation against the Town i n any way related to or arising out of the facts, claims or issues encompassed in the agreement, or any other claims, charges or causes of action that could have been raised against the Town in the Lawsuit.
TAXES: The Town was not responsible for the payment of taxes (if any became due) from the settlement proceeds.
NON-ADMISSION – The Town expressly denied any liability in connection with the Lawsuit and any responsibility for any damages alleged by Preuter, that settlement of the Lawsuit is the compromise of a disputed and doubtful claim and that the settlement was made by the Town only to avoid the expense, inconvenience and disruption that would result from continued litigation. The settlement was not to be cited as an admission of fault by any Party.
David Preuter with Prejudice signed the agreement in Hamilton County on October 13, 2020 producing a current Florida driver’s license as identification for the Notary Public.
Joe Griffin’s comment: I believe that if David Preuter had not been in the Military Service this claim would not have had any form of settlement. Preuter was hired by Stacy Tebo to aggravate the council and I am certain that Ms. Tebo assisted him in how to sue the Town. Mr. Preuter did nothing to assist the Town; he never attempted going to fire calls; had no one on the roster which were local and he did not have the respect of the certified firefighters to lead as their fire chief.
But the blame also goes to former Councilman Walter McKenzie and former consultant/manager Tommie Jones. Whether or not they were aware that Preuter was in the Military, they certainly blotched things up and had no idea they may have been set up. If a call had been made by either to Preuter, it made no sense because Hamilton County Dispatch contacts our fire department and if someone doesn’t show, you don’t call them and say they must appear. This is a volunteer fire department.
The only good thing is that Preuter himself didn’t get the bulk of the $25,000 because his attorney had to be paid. In accordance with our understanding of FMIT’s offers of settlement, he may have received $5,000 at maximum. Yet the Town was defended by FMIT, so the $25,000 along with what FMIT paid for defense and attorneys will be passed on through the Town’s insurance premiums.
Way to go Helen Miller, Walter McKenzie, and Tommie Jones; the latter of which is still the gift that keeps on giving and costing our town thousands even with the blotched computer site he handled.
MEAGAN lOGAN APPARENTLY DID NOT SEE FIT TO FOLLOW THE CLAIM AND APPRISE THE TOWN