Closed-meeting transcript: Employment threats, police lies and the makings of a settlement

Before officially approving a $35,000 settlement agreement with its former police records clerk, the Marco Island City Council made the decision more than a month ago behind closed doors.

In a closed-session on Oct. 24, four of the six councilors in attendance voted in favor of settling Heather Comparini’s discrimination case up to $40,000 after she was wrongfully accused by former Police Chief Al Schettino of leaking confidential information about a battery complaint against then-City Manager Lee Niblock. But it was there that more startling information was discussed.

One councilor said she should resign, a decision Comparini made on her own, if there was a settlement. Another said he would gladly use his taxes to fight the “nuisance” lawsuit. And then there was this: not only were the police untruthful about there being an investigation about the leak but there was never a leak.

This information was obtained by the Naples Daily News through a public records request for the transcript of the closed-session meeting. Under state law, the transcript becomes a public record once the litigation has ended. The council unanimously approved an offer of $35,000 on Dec. 2.

Comparini filed suit against the city in mid-September, alleging she was discriminated against and retaliated because of her gender. Her legal claims were later amended to include infliction of emotional distress, public records law violations, defamation, negligent retention and supervision of Schettino and constructive dismissal, or being forced to quit due to a hostile work environment.

More:Marco City Council approves settlement with former police records clerk

In February 2018, Schettino accused her of leaking information about the battery complaint that was found on a document sent to a public printer. Schettino immediately homed in on Comparini as the prime suspect after receiving a call from City Attorney Alan Gabriel about the police department disseminating the information. Gabriel contacted Schettino because City Councilor Larry Honig had received a text message from an undisclosed person about the allegations against Niblock.

Despite Schettino saying Gabriel identified Comparini as the source, both Gabriel and Honig denied the assertion. Not only did Honig deny ever disclosing the source, but he also refuted that it was Comparini.

Comparini proclaimed her innocence was but was met with threats of losing her job. Emails obtained through public records requests show Schettino even directed the city’s labor attorney to draw up termination paperwork.

She staved off termination, but the uneasiness remained as Schettino had other employees cross-train for her position and had her key card deactivated. These actions, she said, resulted in physical and mental ailments such as skin reactions, weight loss, trouble sleeping and nightmares.

She ultimately resigned last month as settlement talks stalled.

"I have had the threat of my termination hanging over my head, depending on the results of the ongoing 'leak' investigation," Comparini wrote in her resignation letter. "Most important, this allegation and continued investigation have very publicly called my character, honesty and integrity into question. Those values are ones that I am not willing to compromise under any circumstances."

Police untruths

At the very minimum, Comparini’s lawsuit would have been successful in its public records claims.

For nearly 21 months, the police told the Daily News and Comparini’s attorney, Neil Snyder, that there was still an active investigation. This prevented it from turning over an investigative file sought through public records requests.

But by the admissions of Police Chief Tracy Frazzano, there was no investigation started until Schettino left in June of this year. Frazzano said Capt. Dave Baer began a formal investigation at the request of City Manager Mike McNees.

Adding to the untruths, Frazzano said all of the information that was allegedly leaked was known and released before Comparini was accused.

“To that extent, the information was already out there,” Frazzano said in the closed-session meeting. “There was no leak. That’s the conclusion. We feel that the investigation is unfounded because there was no leak at all.”

Frazzano’s comments also raise more questions about the city’s investigation as they contradict the findings of the investigation report she signed.

More:Investigation into Marco Island police records clerk closed, allegations not substantiated

Baer’s investigation said he could not substantiate the allegations against Comparini, which meant that it could neither prove or refute the allegations despite not producing any evidence to suggest she committed any infractions. Her only link was being among a large group of people who had access to the information, he wrote.

During the settlement talks, Gabriel said that one of Comparini's main sticking points was having the city exonerate her.

How the settlement was reached

Although the city’s legal counsel felt the claims of discrimination based on gender were defensible, the costs of litigation would have been well-above the amount Comparini sought.

Comparini had asked for $40,000 to settle the suit, an offer which was turned down by the city. The city's counteroffer of $10,000 was also declined.

Based upon what they felt were the merits of the case, Council Chair Erik Brechnitz and Councilor Howard Reed were against settling.

“I don’t personally care what my taxes have to pay to get this done,” Reed said. “Because if we go into — I hate nuisance suits, I just hate them. And I would rather say, (if) you’re going to sue us, you better be right.”

Brechnitz said he did not want the city to give the impression that it would cave to any lawsuit “regardless of how flimsy the facts of the case might be.”

While conceding that Comparini was perhaps treated unfairly, Brechnitz and Reed said they didn’t believe the facts supported that the actions taken against her were because of her gender.

Most of the members of the council agreed Schettino had a track record of mistreating people.

“If we were going to compensate everybody that Chief Schettino mistreated, our pocketbook isn’t big enough,” Brechnitz said. “And, you know, I have talked to officers, male officers, who said if you weren’t one of his favorites that you were, you know, lower than low.”

Brechnitz said he was also concerned that it might make her a “permanent” employee even if performance issues were to arise.

“But if we pay her, I don’t know how we can keep her as an employee,” Brechnitz said. “I mean, I get she wasn’t treated as fairly as she might have been, but we have a total change of guard in the police department at this point.”

Opposing councilors quickly took Brechnitz’s suggestion off the table.

“I think asking her to resign as contingent to whatever any type of settlement is unconscionable,” Councilor Jared Grifoni said.

Grifoni also noted that none of the male police employees who had access to the same information were subjected to the same treatment as Comparini.

Grifoni was joined by Honig and Councilors Sam Young and Victor Rios in supporting financial compensation up to $40,000. Councilor Charlette Roman was not present for the closed-session meeting.

Although not a voting member, McNees told the council that he would have preferred it set a lower cap to put “downward pressure.”

In supporting a settlement, Honig said it would be “massively positive to the organization.”

“I think it would signal that we’re not going to treat women this way, and we’re not going to tolerate it and the City Council’s not going to tolerate it. End of discussion,” Honig said.