Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 7, 2014
REVISED October 7, 2014 - Regular Meeting
Agenda Item #11

Larry Jackson v. Manatee County Sheriff's Office; OJCC#14009225; workers' compensation claim.


Contact and/or Presenter Information
Raymond Carter, Risk Manager, ext. 3782.

Action Requested
Motion to approve the waiver of any conflict of interest such that Mr. Daniel DeMay, Esq., shall remain as counsel of record in the matter of Larry Jackson v. Manatee County Sheriff's Office.

Enabling/Regulating Authority
Ordinance 08-49, Self Insurance.

Background Discussion
Attorney Daniel DeMay, has represented Manatee County and the Manatee County Sheriff's Office in workers' compensation matters for approximately 15 years, to include the presently pending claim styled Larry Jackson v. Manatee County Sheriff's Office.  The claim involves a dispute as to the responsible employer at the time of the accident. There is a third party tortfeasor. There are several parties involved. 

The carrier that insures Nationwide (the adverse party in this workers' compensation claim) is Arch Insurance.  Mr. DeMay also represents Arch in other, unrelated matters.  Also in this case, Broadspire is the third party administrator for Nationwide and Arch.  Mr. DeMay also represents Broadspire in other unrelated matters.

Mr. DeMay properly notified the County Attorney's Office and counsel of Nationwide and Arch, of the potential conflict of interest, noting Ethical Rules Regulating the Florida Bar.  Broadspire, Arch Insurance, and Nationwide Insurance have all indicated in writing their willingness to waive any potential conflict of interest. The Manatee County Sheriff's Office has indicated that it will support the decision made by the Board of County Commissioners.

It is the professional judgment of the County Attorney that Mr. DeMay can and will zealously and effectively represent the interests of Manatee County Government in this matter and thus recommends that the Board of County Commissioners likewise waive any potential conflicts of interest.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
As a general rule, conflicts of interest on the part of outside counsel are brought to the Board of County Commissioners for consideration and action.

Reviewing Attorney

Instructions to Board Records

Cost and Funds Source Account Number and Name
5050001300 Risk Management Workers' Compensation Fund

Amount and Frequency of Recurring Costs
To be determined