Superintendent Office Action Item

DATE:	Tuesday, July 16, 2013
TO:	School Board Members
FROM:	MaryEllen Elia, Superintendent
SUBJECT / RECOMMENDATIONS
Request Authority to Defend the Suit Brought Against the School Board by Riverside Heights Holdings, LLC, and to Appoint Hill Ward Henderson to Act as Counsel for the Board
EXECUTIVE SUMMARY
This is a suit brought by a property owner alleging that the Board, the Southwest Florida Water Management District and Ecosphere Restoration Institute, Inc., a private company, stored contaminated material on the plaintiff’s property.  The claim arises out of a project conducted in 2009-2010 for the Hillsborough River shoreline restoration of 500 feet of shoreline located between Stewart Middle, Just Elementary, and Blake High schools.  The project was conducted pursuant to a joint funding agreement between the School Board, SWFWMD, and Ecosphere.  The complaint alleges unauthorized dumping of litter, negligence, and civil conspiracy.  Hill Ward Henderson is a contract law firm approved by the School Board to provide representation in land use and real property matters.  The School Board attorney previously has authorized Hill Ward Henderson to answer the complaint pending Board approval in order to meet court deadlines.
STRATEGIC OBJECTIVES
All Strategic Objectives
FINANCIAL IMPACT (Budgeted:  Yes)
Hill Ward Henderson is under contract with the Board and will be paid an hourly fee, unknown at this time.
EVALUATION
N/A
SUBMITTED BY:

		Thomas M. Gonzalez
		School Board Attorney (813) 273-0050
		A 9.02
Hillsborough County Public Schools (Florida) * Mtg.#20130716_591 (Board Meeting) * Section A Item# 9.02