Commissioner Robin DiSabatino accepts Manatee County’s $30,000 settlement offer

Manatee County Commissioner Robin DiSabatino has accepted the county’s $30,000 settlement offer.

On Thursday afternoon, DiSabatino’s counsel delivered the documents to the County Attorney’s Office, accepting the settlement offer to dismiss the lawsuit with prejudice.

“I didn’t counter it,” she said. “I am accepting in the best interest of myself and the people of Manatee County. I just want this to be over. I have been harmed by Manatee County. I am certainly not whole. ...This could have all been avoided. It pains me. This is not a frivolous suit.”

Manatee County Attorney Mickey Palmer confirmed receipt of the acceptance Thursday afternoon.

“It would appear as though this chapter has come to a conclusion,” he said.

DiSabatino’s acceptance of the settlement offer came only hours after fellow commissioners decided any future discussion of the lawsuit would be in a closed meeting. DiSabatino, who had filed a public records lawsuit against the county, had until close of business April 14 to either accept or reject the offer.

“We have to represent the people of Manatee County in this issue,” Commission Chairwoman Betsy Benac said. “I believe that it is highly unusual for a county commissioner to sue the county that they are representing.”

DiSabatino sued Manatee County after fellow commissioners refused to reimburse her for legal fees she spent fighting a public records lawsuit.

“It pains me to stand here once again defending myself when this could have all been avoided last year,” DiSabatino said from lecturn during Thursday’s Land Use meeting.

On Monday, Circuit Judge Brian Iten issued a order in the case, which found that DiSabatino’s “claim for reimbursement of her attorney’s fees in the original Barfield lawsuit was improperly joined with her public records-related claim,” Palmer wrote in an email.

“The court’s order states that if the plaintiff desires to further pursue the matter, she must file a separate stand-alone lawsuit,” Palmer said.

DiSabatino had asked fellow commissioners to reimburse her for more than $30,000 in private attorney fees, including $6,500 she paid to settle the case. DiSabatino was sued for an alleged violation of the Public Records Act in 2013 by Michael Barfield, a paralegal with Citizens for Sunshine.

Last month, Palmer had extended a settlement offer for $16,000, which DiSabatino rejected. She responded with a settlement demand for $51,000.

“I did it frankly to spare this board and this community,” Palmer said. “Had she accepted the $16,000 offer, we would have been done. It was my effort to try to put this away for all of you.”

During Thursday’s meeting, Commissioner Charles Smith suggested increasing the $30,000 settlement offer by $10,000 but it didn’t gain support from his fellow commissioners.

“At the end of the day, this is government money, taxpayers’ money,” Smith said. “If it was my personal money, I would stop this bleeding today.”

Since Manatee County retained outside counsel for the lawsuit, Palmer has said that the county has spent as much as $50,000 to date.

As of Thursday, DiSabatino said she probably has $60,000 into it herself.

“I don’t find that amusing,” she said. “I don’t find that I’m doing this for my pleasure. It’s costing the county taxpayers’ money. That upsets me. ...You all need to think long and hard. I have been harmed by this gentleman (Palmer), (former chief assistant county attorney Robert) Eschenfelder, the attorney’s office and you all for listening to information that wasn’t accurate.”

Commissioner Vanessa Baugh called the entire situation as “highly unusual.”

“We either all start working together or we stay split,” she said. “If we stay split, it is not advantageous to the citizens of this county.”

This story was originally published April 6, 2017 at 1:28 PM with the headline "Commissioner Robin DiSabatino accepts Manatee County’s $30,000 settlement offer."