Fla. Fire Dept. Settles Firefighter's Claim For $39K

May 8, 2013
Parker City Council has awarded a former firefighter $39,235 to settle a suit that alleged the city retaliated against him for defending a fellow firefighter in 2009.

May 08--PARKER -- City Council members ended a lawsuit against the city stemming from a 2009 incident Tuesday night.

The settlement awarded former firefighter Henry Miller $39,235 but, according to City Attorney Tim Sloan, the city would not be burdened with the payment as the initial $5,000 deductible had been paid to the city's insurance company.

"My understanding is [the deductible] was paid early on in the process in 2012," Sloan said. "Once you pay your deductible, all of the settlement proceeds are coming out of your insurance company."

Miller was a paid fireman of Parker Fire Department. The initial claim was the city retaliated against him for defending a fellow fireman in 2009. Miller was terminated in 2011. The settlement states the city did not admit liability by affirming the payment.

Mayor Richard Musgrave attended the mediation as the city official. Miller's argument of retaliation in 2011 from a 2009 incident seemed like a weak case, he said.

"I heard the summary of the deposition and, I don't think we could've gone to a summary judgment," Musgrave said. "So going to arbitration was the reasonable thing to do and reach a settlement."

Miller was retroactively also allowed a letter of resignation in 2011 by the settlement.

In other city business:

--Council members approved $3,562.18 to replace Parker Police Department's call recording system. Funds would come from the Contraband Forfeiture Funds.

--During the council meeting Musgrave also laid out plans for the city including RESTORE Act funds and the Building Rural Communities Act, to cover planning and design costs for infrastructural projects.

--Musgrave proposed a June 3 information and organizational meeting for the public in the Parker Community Building. The purpose would be to arrange neighborhood watch groups to create more desirable neighborhoods. The meeting will be at 6:30 p.m.

--Council members approved two additional planning commission members, Danny Hendrix and Anna McClain, to give the city a full commission.

Copyright 2013 - The News Herald, Panama City, Fla.

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