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A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Sara Shea “Sally” Davis against the Metropolitan Government of Nashville and Davidson County in the amount of $50,000, to be paid from the Judgments and Losses fund.
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WHEREAS, Sally Davis filed a lawsuit (U.S. District Court Case No. 3:17-cv-00773) against the Metropolitan Government of Nashville and Davidson County (“Metropolitan Government”) alleging retaliation and retaliatory harassment after she filed a complaint of discrimination with Human Resources; and,
WHEREAS, after investigation, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government and recommends that any and all claims or causes of action brought or that could have been brought by Sally Davis related to the events detailed above be compromised and settled for $50,000, to be paid from the Judgments and Losses Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: The Metropolitan Department of Law is authorized to compromise and settle the claim of Sally Davis for the sum of $50,000, to be paid from the Judgments and Losses Fund.
Section 2: This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
Sally Davis began working as a full-time employee for the Metropolitan Department of Parks and Recreation (“Parks”) in 1978. By 2013, Ms. Davis held the position of Superintendent of Golf. In March 2013, two promotional Special Projects Manager position at Parks were announced: one in Revenue Producing and one in Community Recreation. Both positions were filled through one application process. Ms. Davis applied and was offered the Community Recreation position, which she accepted. She had, however, wanted the Revenue Producing position, which went to John Holmes. Ms. Davis held the Community Recreation position until 2017 when she voluntarily retired.
In June 2013, Ms. Davis filed a gender discrimination complaint regarding the promotional process. The Metro Human Resources Department (“Metro HR”) reviewed her complaint and found that the application process did not violate any Metro civil service rules or policies. However, Ms. Davis claims that after she filed her discrimination complaint, her relationship with then-Parks Director Tommy Lynch changed. She claims that from that point on until her retirement, Mr. Lynch harassed her and retaliated against her. Her claims include that Mr. Lynch threatened her job, excluded her from his “open door” policy, had others sit in on their bi-weekly meetings, and questioned her loyalty for accusing him of discrimination. She further claims that Mr. Lynch unfairly evaluated her, reprimanded her, transferred her assistant to another department, and placed her under the supervision of Monique Odom.
The Metropolitan Government denies that any of Mr. Lynch’s actions were retaliatory. Ms. Davis successfully performed her role as Assistant Director and received regular salary increases. Metro’s position is that Ms. Davis could not move on from the 2013 promotional process and repeatedly brought up the process. Other Parks employees testified that both Ms. Davis and Mr. Lynch could get heated and that their meetings were often unproductive. From time to time, Mr. Lynch had to hold Ms. Davis, and other, accountable for mistakes or oversights in their job performance.
Through a series of pre-trial motions, Metro received ruling that Ms. Davis cannot seek back pay, front pay, or injunctive relief. Her only damages could be compensatory and attorneys fees, which could be significant. Absent a settlement, Ms. Davis’s retaliatory harassment claim will proceed to trial and be determined by a jury.
Due to the unpredictable nature of jury trials, the Metropolitan Department of Law recommends settlement of Ms. Davis’s claim for $50,000.
Fiscal Note: The total settlement amount is $50,000. This settlement would be 3rd payment approved by the Metropolitan Council from the Judgment and Losses Fund in FY25 for a cumulative total of $572,500.