STORAGE NAME: h6511.CIV
DATE: 1/18/2022
January 13, 2022
SPECIAL MASTER’S FINAL REPORT
The Honorable Chris Sprowls
Speaker, The Florida House of Representatives
Suite 420, The Capitol
Tallahassee, Florida 32399-1300
Re: HB 6511 - Representative Plakon
Relief/Ricardo Medrano-Arzate and Eva Chavez-Medrano/Okeechobee County Sheriff's
Office
THIS IS A CONTESTED CLAIM FOR $5 MILLION BASED ON
A JURY VERDICT AGAINST THE OKEECHOBEE COUNTY
SHERIFF’S OFFICE TO COMPENSATE RICARDO
MEDRANO-ARZATE AND EVA CHAVEZ -MEDRANO, AS
PERSONAL REPRESENTATIVES OF HILDA MEDRANO FOR
THE WRONGFUL DEATH OF HILDA MEDRANO.
FINDINGS OF FACT: On December 1, 2013, at approximately 2:05 a.m., a woman in
Okeechobee County called 911 seeking assistance in regaining
entry into her home, as her “drunk” husband had locked her and
three children out. The caller reported that her husband had
“gone looney” and was “busting stuff in the house.” She advised
that he had not put his hands on her; that he just needed to go
somewhere else for the night; and, that she did not want him
arrested. Deputy Megan Holyrod, was dispatched to the scene;
within seconds, Lieutenant K.J. Ammons advised dispatch that
he was close to the address and would provide backup. A few
second later, Deputy Joseph Anthony Gracie advised he was en
route, also responding as backup.
1
Deputy Gracie traveled
westbound on State Road 70 at speeds in excess of 90 mph in
a 35 mph zone without his lights or siren activated.
2
A vehicle
1
Audio recording: 911 call and dispatch transmissions, Okeechobee County Sheriff’s Office (Dec. 1, 2013).
2
FHP Traffic Homicide Report at 19-20. SPECIAL MASTER’S FINAL REPORT--
Page 2
being driven by Elizabeth Arellano Renteria and occupied by
Hilda Medrano in the front passenger seat was traveling
eastbound on State Road 70 and attempted to make a left hand
turn into the McDonald’s parking lot. At approximately 2:08 a.m.,
as Elizabeth Renteria made the turn, the right front portion of her
vehicle was struck by Deputy Gracie’s patrol car. Neither
Elizabeth Renteria nor Hilda Medrano were wearing their
seatbelts; Hilda Medrano was ejected from the vehicle as it was
traveling to a final rest.
3
Both women died on the scene.
4
Deputy
Gracie was also not wearing his seat belt and suffered serious
injuries.
5
Linda Rush O’Neil, M.D., Associate Medical Examiner for District
19 (which covers Okeechobee County) performed the autopsy
of Hilda Medrano. She determined the cause of death to be
multiple blunt trauma injuries inflicted as a result of the crash.
The blunt trauma injuries included hemorrhages of the brain and
a horizontal laceration of the aorta.
6
Dr. O’Neil later testified that
the horizontal laceration of the aorta is an injury that can be
associated with side-impact motor vehicle accidents.
7
She
opined that wearing a seat belt in an accident involving side
impact and high speed would not prevent the laceration of the
aorta, which alone, could cause death.
8
Florida Highway Patrol Investigation
Corporal Mark E. Zook with the Florida Highway Patrol (FHP)
responded to the scene and ultimately prepared a Traffic
Homicide Report. His investigation revealed that Deputy Gracie
left a nearby RaceTrac gas station to respond to the call.
9
The
RaceTrac was .8 miles away from the scene of the crash.
10
Another sheriff’s deputy, Deputy William Jolly was traveling
westbound on State Road 70 following Deputy Gracie. Corporal
Zook described the weather early that morning as clear and dry.
Street lights along State Road 70 provided ambient lighting over
the roadway.
11
That portion of State Road 70 is a commercial
area with buildings on both sides of the roadway. Deputy Jolly
reported that he saw Elizabeth Renteria’s red Ford Focus
traveling eastbound on State Road 70 before pulling into the
center turn lane and making a left hand turn into the path of
Deputy Gracie’s vehicle. He observed Deputy Gracie swerve to
the right just as the vehicles collided.
12
Deputy Jolly advised that
Deputy Gracie’s emergency equipment was not activated and
3
Id. at 5.
4
Id. at 4-5.
5
Id. at 5, 8.
6
Medical Examiner Report at 6.
7
Rush Dep. 12:4-12:12, Aug. 13, 2018.
8
Id. at 12:25-13:1, 16:14-16:16, 27:8-27:13.
9
FHP Traffic Homicide Report at 7.
10
Id. at 19.
11
Id. at 4.
12
Id. at 14. SPECIAL MASTER’S FINAL REPORT--
Page 3
estimated his speed at approximately 60 mph. An employee of
the McDonald’s was interviewed and relayed that she “saw the
cops coming, flying up the road” traveling westbound. She did
not see any emergency lights activated on Deputy Gracie’s
patrol car.
13
Using a speed calculation and the Okeechobee
County Sheriff’s Office dispatch information, it was determined
that Deputy Gracie traveled at an average speed of 67 mph.
Using information from the Event Data Recorder (EDR),
14
Florida
Highway Patrol Corporal Brad White determined that Deputy
Gracie was traveling 94 mph approximately one second prior to
impact and that he had reached a maximum speed of 96 mph
before beginning to slow down as he saw the possible turn by
Ms. Renteria.
15
Corporal Zook determined that Deputy Gracie
was nearly two blocks away when Ms. Renteria began making
her left hand turn into McDonald’s.
16
Corporal Zook determined that the cause of the crash was
Deputy Gracie’s speed even though Ms. Renteria turned in front
of Deputy Gracie’s vehicle. He determined that Deputy Gracie
violated s. 316.126(3), F.S., which requires an emergency
vehicle, when en route to meet an existing emergency, to warn
all other vehicular traffic along the emergency route by an
audible signal, siren, exhaust whistle, or other adequate device
or by a visible signal by the use of displayed blue or red lights,
and s. 316.126(5), F.S., which requires the driver of an
authorized emergency vehicle to drive with due regard for the
safety of all others using the highway.
17
As a result of Corporal Zook’s investigation, Deputy Gracie was
cited for careless driving and not activating his emergency
equipment.
18
Deputy Gracie pled guilty to both citations, received
a six-month suspension of his privilege to drive, and had to pay
fines and court costs.
19
Okeechobee County Sheriff’s Office Internal Investigation
Special Investigator Dale R. La Flam with the Okeechobee
County Sheriff’s Office (OCSO) conducted an internal
investigation into the crash following the investigation conducted
by the Florida Highway Patrol to determine whether Deputy
Gracie had committed any violations of OCSO policy.
20
Since he
13
Id. at 17.
14
The EDR is a device installed in a motor vehicle to record technical vehicle and occupant information for a
brief period of time (typically seconds) before, during and after a crash. Research & Data, Event Data
Recorder, https://www.nhtsa.gov/research-data/event-data-recorder (last visited Feb. 2, 2021). Thus, the EDR
can be likened to a plane’s black box. The vehicle being driven by Ms. Renteria was not equipped with an
EDR that was compatible with the Florida Highway Patrol’s software so no information was obtained.
15
Id. at 19-20.
16
Id. at 19.
17
Id.at 20-21.
18
OCSO Internal Investigation Report at 1; see also Gracie Dep. 55:15-55:24.
19
Gracie Dep. 55:17-55:18.
20
La Flam Dep. 10:9-10:10, Aug. 3, 2018. SPECIAL MASTER’S FINAL REPORT--
Page 4
did not respond to the scene on the date of the crash, he
reviewed the Florida Highway Patrol’s Traffic Homicide Report
and adopted the findings therein, after having interviewed all
eyewitnesses.
21
Investigator La Flam attempted to interview
Deputy Gracie, but he lacked any recollection of the crash or the
24 hours leading up to it.
22
Investigator La Flam found, by a
preponderance of the evidence, that Deputy Gracie violated s.
316.126(3), F.S. by failing to use his emergency equipment,
namely his lights or siren and by exceeding the posted speed
limit. He also found that Deputy Gracie violated s. 316.614, F.S.,
by failing to wear his seatbelt.
23
Investigator La Flam found, by a preponderance of the evidence,
that Deputy Gracie violated four Okeechobee County Sheriff’s
Office Standard Operating Procedures (SOPs): 101.00(L)(1)
Conduct, Department; 101.00(L)(8) Conduct Unbecoming an
Officer/Employee; 101.00(L)(10) Respond to Calls; and 309
Seatbelt.
24
SOP 101.00(L)(1) provides that “[m]embers of the Okeechobee
County Sheriff’s Office shall at all times within the boundaries of
the county observe the laws, preserve the public peace, prevent
crimes, detect and arrest violators of the law, protect life and
property, and enforce all criminal laws of the Federal
Government and the State of Florida.”
25
SOP 101.00(L)(8) provides that “[n]o member of the Sheriff’s
Office shall conduct him/herself in a disorderly manner at any
time either on or off duty or so conduct him/herself in a manner
unbecoming the conduct of a member of the Sheriff’s Office.”
26
SOP 101.00(L)(10) provides that “[m]embers of the Sheriff’s
Office shall at all times, respond promptly and safely to calls
directed to them or calls from citizens for aid. They shall as soon
as practicable at completion of call or assignment, notify the
radio dispatcher and make themselves available for further
service.”
27
Investigator La Flam determined that Deputy Gracie violated
these SOPs by exceeding the speed limit and traveling without
his lights or siren activated to a call that did not involve any
indication of violence and to which Lieutenant Ammons had
already advised he was en route to as backup.
SOP 309 requires the use of a seatbelt while operating or riding
as a passenger at any time in a departmental vehicle.
21
Id. at 52:21-53:1.
22
Id. at 25:17-25:21.
23
Id. at 12-14.
24
OCSO Int. Inv. Report at 15-16.
25
Id. at 15.
26
Id.
27
Id. at 16. SPECIAL MASTER’S FINAL REPORT--
Page 5
Investigator La Flam found that Deputy Gracie violated this SOP
by failing to wear his seat belt while he operated his patrol car
leading up to the crash, resulting in serious injuries to himself.
At his deposition, Investigator La Flam described the location of
the crash as being a congested area in downtown Okeechobee
with numerous fast food restaurants that typically stay open
late.
28
He also testified that he could not think of any
circumstances, emergencies included, that would warrant
traveling at the speeds Deputy Gracie traveled on State Road 70
prior to the crash.
29
He opined that a safe speed for law
enforcement to travel on State Road 70 would be no more than
5 miles over the posted speed limit of 35 mph.
30
Ultimately,
Investigator La Flam opined that the crash would not have
happened absent Deputy Gracie’s excessive speed.
31
Michael Knox
Michael Knox, an accident reconstructionist, was hired by the
Claimants to testify at the civil trial in this matter.
32
Mr. Knox, a
former law enforcement officer with experience on a traffic
homicide unit,
33
visited the scene of the crime, visually inspected
the vehicles involved, and reviewed numerous reports,
deposition transcripts, and photographs.
34
He determined that
the stretch of State Road 70 leading up to the scene of the crash
contains numerous businesses and driveways on both sides of
the roadway.
35
Consequently, he opined that it would not be
reasonable for a deputy to be exceeding the speed limit without
activating his/her lights or siren in such a congested area.
36
He
also opined that it was not reasonable to expect Ms. Renteria to
perceive that Deputy Gracie’s patrol car was approaching at 96
mph, as all she would have seen is a pair of headlights
approaching in the dark.
37
Deputy Gracie’s Position
At deposition, Deputy Gracie testified that at some time after he
began his employment with the Okeechobee County Sheriff’s
Office, the SOP concerning the procedure for responding to
emergency calls changed.
38
The change resulted in a deputy
needing to obtain permission before activating his/her lights
28
La Flam Dep. 66:4-67:3.
29
Id. at 89:13-89:17.
30
Id. at 68:18-68:25.
31
Id. at 79:25-80:1.
32
Trial Tr. vol. 3, 141:9-141:10, Aug. 21, 2018.
33
Id. at 137:9-138:5.
34
Id. at 141:13-142:10.
35
Id. at 165:7-165:11.
36
Id. 165:11-165:13.
37
Id. 177:7-177:10.
38
Gracie Dep. 74:14-74:17. SPECIAL MASTER’S FINAL REPORT--
Page 6
and/or siren when responding to calls.
39
He described this as a
written SOP that he was required to sign, acknowledging that he
read it.
40
During his investigation, Investigator La Flam learned of this
policy from interviewing deputies. Both Deputy Brad Potter and
Deputy Matt Crawford told him that there was procedure in effect
that required deputies to obtain permission from their supervisor
to run code to any call. He was led to believe that it was an
unwritten rule.
41
He saw nothing indicating it was a formal policy.
Investigator La Flam investigated whether the Okeechobee
County Sheriff’s Office had such a written policy. He determined
that the Sheriff’s Office did not have a specified written SOP
addressing how and when deputies would utilize their
emergency lights or siren when responding to emergency calls.
He also learned that the Sheriff’s Office expected deputies to
adhere to s. 316.126, F.S.
Years later, Okeechobee County Sheriff Noel Stephen was
deposed and asked about Deputy Gracie’s statements
concerning the policy which required approval before a deputy
could activate his/her emergency equipment. Sheriff Stephen
testified that “[t]here was a procedure, verbiage that a supervisor
had, as well as conveyed to the officers, that prior to running
code to such a call, that we wanted the supervisors to give that
approval.” He could not recall whether it was a written policy or
protocol that they “were doing by word of mouth.”
42
Deputy Gracie also testified that the policy requiring supervisor
approval to run code conflicted with another policy, which
required deputies to stay off the radio while another deputy was
responding to an emergency, so as to avoid radio chatter. This,
he explained, resulted in hesitation by deputies to get on the
radio to obtain permission to run code during an emergency.
43
LITIGATION HISTORY:
State Court
In 2014, Ricardo Medrano-Arzate and Eva Chavez-Medrano
filed suit in Okeechobee County Circuit Court against the Sheriff
of Okeechobee County, Paul C. May.
44
39
Id. at 73:18-73:23.
40
Id. at 74:18-75:3.
41
OCSO Int. Inv. Report at 16.
42
Stephen Dep. 19:19-20:11, Aug. 19, 2015. Investigator La Flam’s report indicates that since this fatal crash,
the OCSO implemented SOP 306.05, providing guidelines for the safe operation of department vehicles when
there is a need for immediate law enforcement service that requires emergency operation. OCSO Int. Inv.
Report at 16.
43
Gracie Dep. 77:13-78:23, Mar. 25, 2015. Deputy Gracie could not recall whether this played into his
decision to speed without activating his lights or siren on December 1, 2013. (Gracie Dep. 120:16-120:19.
44
Hillsborough Co. Case No. 2014-CA-000152 (Complaint) (April 30, 2014). Paul May was the Sheriff for
Okeechobee County at the time of this crash. However, on June 3, 2017, Noel Stephen was sworn in as
Okeechobee County Sheriff and still holds that office. SPECIAL MASTER’S FINAL REPORT--
Page 7
CLAIMANT’S POSITION:
RESPONDENT’S POSITION :
CONCLUSIONS OF LAW:
The case went to trial in August 2018. The jury had the
opportunity to apportion liability to the Sheriff of Okeechobee
County and Elizabeth Renteria. The jury found the Sheriff of
Okeechobee County 88.5 percent liable and Elizabeth Renteria
11.5 percent liable. The jury awarded Ricardo Medrano-Arzate
$2.5 million for his mental pain and suffering and awarded Eva
Chavez-Medrano $2.5 million for her mental pain and suffering,
for a total award of $5 million.
45
The trial court reduced that award
to $4,425,000.00 on October 31, 2018 in keeping with the
comparative fault apportioned by the jury.
46
The Sheriff’s Motion for a New Trial was denied. The Sheriff
appealed to the Fourth District Court of Appeal, arguing that the
trial erred in (1) denying his motion for a new trial based on
comments made in closing arguments and (2) in excluding
relevant evidence concerning the nonuse of a seat belt. The
Fourth District Court of Appeal per curiam affirmed the trial court
decision.
Federal Court
Claimants filed an action against the Sheriff in federal district
court alleging that the conflicting OCSO policies, pursuant to
which Deputy Gracie was unable to activate his lights and siren
while responding to an emergency call, caused the crash that
killed their daughter. The case was dismissed because
Claimants failed to state a cause of action under § 1983.
47
That
dismissal was affirmed on appeal to the Eleventh Circuit Court
of Appeals.
48
Claimants argue that the Respondent bears blame for the death
of their daughter and that the jury verdict of $5 million should be
given full weight by the Legislature, despite the trial court
reduction of that award to $4,425,000.00.
Respondent has vigorously contested this claim bill, arguing that
it cannot pay the amount sought.
Regardless of whether there is a jury verdict or settlement, each
claim bill is reviewed de novo in light of the elements of
negligence.
Duty & Breach
The driver of a vehicle has a duty to take reasonable care and to
follow all applicable laws to prevent injury to others within the
vehicle’s path.
45
Hillsborough Co. Case No. 2014-CA-000152 (Verdict) (Aug. 22, 2018).
46
Hillsborough Co. Case No. 2014-CA-000152 (Final Judgment) (October 31, 2018).
47
42 U.S.C. 1983 allows individuals to sue the government for civil rights violations.
48
USCA No. 16-14170 (Per Curiam Opinion) (June 29, 2017). SPECIAL MASTER’S FINAL REPORT--
Page 8
Section 316.126(3), F.S. (2018), provides that an “authorized
emergency vehicle, when en route to meet an existing
emergency, shall warn all other vehicular traffic along the
emergency route by an audible signal, siren . . . or by a visible
signal by the use of displayed blue or red lights.” That section
also requires that the emergency vehicle proceed “in a manner
consistent with the laws regulating vehicular traffic….”
49
Under
this statute, Deputy Gracie, as operator of a sheriff’s office patrol
car, had a duty to use his emergency equipment to warn the
motoring public of his approach. There is undisputed evidence
that Deputy Gracie failed to activate his emergency equipment.
His failure to do so was a breach of his duty. As an employee of
the Okeechobee County Sheriff’s Office in the course and scope
of his employment, his negligence is attributable to the
Okeechobee County Sheriff’s Office under the doctrine of
respondeat superior.
50
Section 316.183(1), F.S. (2018), requires that a person
operating a vehicle not drive the vehicle “at a speed greater than
is reasonable and prudent under the conditions and having
regard to the actual and potential hazards then existing.” Deputy
Gracie owed a duty to the motoring public to travel at a
reasonable speed, having regard to actual and potential
hazards. He breached that duty by traveling in excess of 90 mph
without any apparent regard for others who may be entering the
roadway from the businesses that lined that roadway. As an
employee of the Okeechobee County Sheriff’s Office in the
course and scope of his employment, his negligence is
attributable to the Okeechobee County Sheriff’s Office under the
doctrine of respondeat superior.
In addition to breaching the duty owed under Florida law, Deputy
Gracie violated four Okeechobee County Sheriff’s Office SOPs,
which required that he observe the laws, preserve the public
peace, protect life and property, refrain from conducting himself
in a manner unbecoming the conduct of a member of the OCSO,
respond promptly and safely to calls, and use a seatbelt. Deputy
Gracie breached his duty by violating these SOPs in speeding
without activating his lights or siren.
Causation
Deputy Gracie’s failure to abide by the posted speed limit,
combined with his failure to activate his emergency equipment,
was the sole and proximate cause of Ms. Medrano’s death.
51
49
S. 316.126(5), F.S. (2018).
50
The common law doctrine of respondeat superior provides that an employer may be held liable for the
actions of its employee if the employee was acting within the scope of his employment when he committed
the tortious act. This doctrine extends to negligent acts occurring within the scope of the employment.
Mercury Motors Exp., Inc. v. Smith, 393 So.2d 545, 549 (Fla. 1981).
51
Although the jury apportioned liability and found Elizabeth Renteria 11.5 percent liable, I give the Medical
Examiner’s opinion that wearing a seat belt in an accident involving side impact and high speed would not
have prevented the laceration of the aorta (a fatal injury), along with the evidence that Ms. Renteria began SPECIAL MASTER’S FINAL REPORT--
Page 9
Damages
Hilda Medrano is survived by her parents, Ricardo Medrano-
Arzate and Eva Chavez-Medrano, two brothers and two
sisters.
52
Ms. Medrano’s death has had a devastating impact on
her parents and siblings. Following her death, Mrs. Medrano
became depressed and sought treatment at the hospital on two
occasions.
53
Ms. Medrano was twenty-one years old at the time
of her death and working part-time to assist her family financially
while also attending school to become an ultrasound
technician.
54
Claimants testified at the special master hearing that if the claim
bill passes, they intend to use some of the monies to fund
scholarships for students entering radiology/ultrasound
programs.
The jury found damages totaling $5,000,000. The court reduced
those damages and entered a final judgment for $4,425,000.
Claimants have received no compensation from OCSO.
Claimants’ lives have been tragically altered by the death of their
daughter, however, in light of the amounts the Legislature has
awarded similarly-situated claimants in the recent past, the
Legislature may determine that a smaller award is reasonable in
this case.
ATTORNEY’S/
LOBBYING FEES:
If the claim bill passes, the attorney fee will not exceed
$1,250,000 and the lobbyist fee will not exceed $250,000.
Outstanding costs are $4,030.89.
COLLATERAL SOURCES : Claimants received $21,185.64 from a confidential settlement
with the insurance provider that provided coverage on Ms.
Renteria’s vehicle. Additionally, costs of Claimant’s counsel
were paid in the amount of $44,126.50.
RESPONDENT’S ABILITY Respondent states that it does not have any unencumbered
TO PAY: funds to pay the claim bill. Respondent is a member of the
Florida Sheriffs Risk Management Fund, which provides
insurance coverage to its members. The coverage for this claim
has been exhausted with payments to the other two claimants
in the amount of $300,000, plus an additional $200,000
contingent claim bill coverage, for a total of $500,000.
55
making her left hand turn into the parking lot when Deputy Gracie was two blocks away, great weight in
reaching the conclusion that contributory negligence does not apply. This opinion is also consistent with the
Nonbinding Arbitrator’s Decision opining that (1) the sole and proximate cause of the crash and resulting
deaths was Deputy Gracie’s speed and failure to use lights or siren; and (2) that the failure of the victims to
wear their seatbelts did not contribute to their deaths because of Deputy Gracie’s speed. See Nonbinding
Arbitrator’s Decision May 16, 2018.
52
Trial Tr. vol. 3, 293:14-293:15, 293:19-294:5, 298:5-298:8.
53
Id. at 235:18-235:25.
54
Id. at 261:3-261:5.
55
According to the Sheriff, $100,000 was paid to the rear seat passenger, Isamar Jaimes. The Medrano family
chose not to accept any of the remaining $400,000 and proceeded to trial. The remaining $400,000 was SPECIAL MASTER’S FINAL REPORT--
Page 10
Respondent does not have other insurance coverage for this
claim. Respondent avers that “[passage] of the claims bill would
potentially force the Sheriff to terminate employees, forgo the
purchase of equipment or to sell equipment or at a minimum, it
would drastically impact the ability of the Sheriff to provide law
enforcement services to the residents of Okeechobee County
Florida.”
56
On January 19, 2021, Sheriff Noel E. Stephen executed an
affidavit stating, under oath, that the Okeechobee County
Sheriff’s Office has no unencumbered funds available in the
current fiscal budget (October 1 through September 30) to pay
the claim bill, if passed.
At the special master hearing on February 21, 2021, counsel for
Respondent stated that it is “essentially impossible” for the
Sheriff’s Office to pay any amount as it receives its funding on
a monthly basis and it is expensed as quickly as it is received
on ordinary operational costs.
After a Senate claim bill was filed for the 2022 legislative
session, I, along with the Senate Special Master, requested
argument on the applicability of section 30.49(1), Florida
Statutes, which provides that in the event that the sheriff
determines that an emergency should arise leaving the sheriff
unable to perform his duties without the expenditure of larger
amount of funds than those provided in the budget, he could
apply to the board of county commissioners for the
appropriation of additional amounts. In response, counsel for
Respondent provided an affidavit from Sheriff Noel E. Stephen,
dated September 2, 2021, attesting to the Sheriff’s Office’s
proposed budget for the upcoming fiscal year (Oct. 1, 2021
through Sept. 30, 2022) being $13,566.550 and averring that
“there will be no unencumbered funds available in the next
projected fiscal budget, if adopted by the County, beginning
October 1, 2021 and ending September 30, 2022, to pay the
claims bill, SB 64, if passed.” We were also provided with an
affidavit executed by Kelly Conrad, Budget Director for
Okeechobee County, attesting to the County’s unassigned
reserves in the amount of $13,425,130, which approximate
three months’ worth of the following year’s General Fund
budgeted expenditure;
57
the use of these reserves to pay a
claim bill, she attested, “would run contrary to the County’s
Unrestricted Reserve Policy and jeopardize the County’s
accepted by the Estate of Elizabeth Renteria. See Respondent Sheriff’s Statement Regarding Self-Insurance
and Settlement of the Medrano Claim Against the Other at Fault Driver.
56
Id.
57
Ms. Conrad’s affidavit also addresses the County’s “required financial challenges” for the upcoming fiscal
year, which include a drop in population (per the 2020 Census) and a consequential reduction in revenues
received by the County; the need to rebuild the county’s jail, for which the County obtained a $15M loan; the
County’s Medical Examiner’s need for a new building, for which the County does not know how it will fund; the
rise in minimum wage which is estimated to cost the County over $1.2M; and an increase in Medicaid that the
County will have to fund. SPECIAL MASTER’S FINAL REPORT--
Page 11
necessary efforts to insure the safety, security, and needs of the
County and its citizens in the event of a declared emergency.”
58
LEGISLATIVE HISTORY:
RECOMMENDATIONS :
This is the second session this bill has been presented to the
Legislature.
Based on the foregoing, I recommend that House Bill 6511 be
reported FAVORABLY as I find that all elements of negligence
have been proven by a preponderance of the evidence, but
Respondent’s insolvency remains an issue.
Respectfully submitted,
Carine Mitz
CARINE MITZ
House Special Master
cc: Representative Plakon, House Sponsor
Senator Polsky, Senate Sponsor
Crystal Anderson, Senate Special Master
58
The Legislature could consider not awarding attorney and/or lobbying fees; reducing the award; and/or
structuring the award to Claimant as payments made over a period of years to lessen the impact on the County.