White sues county to recoup legal fees

In his quest to recoup legal fees related to his sexual harassment lawsuit, Commissioner Kevin White has filed a lawsuit against Hillsborough County.

The lawsuit was filed Friday in U.S. District Court in Tampa. White also filed a countersuit against the county's insurer.

"I'm suing to recover legal fees incurred by me, in defense of myself during the trial, that should have been covered by the insurance that the county had," White said.

A civil jury last year determined White had sexually harassed Alyssa Ogden, his aide. A jury awarded her $75,000 and attorney fees. The judge held that the county was jointly liable because it had no sexual harassment policies in place at the time.

White's attorney, Michael Laurato, said the county is spending about $500,000 a year for an insurance policy to protect county leaders and employees from liability - with a deductible of $350,000 per occurrence.

The county is obligated to protect White, Laurato said, and White wants the insurer or the county - preferably the insurer - to pay his legal fees and some of the judgment against him. Not protecting White sets a dangerous precedent, the attorney said.

Commission Chairman Ken Hagan called the lawsuit ridiculous.

"On its face, it's laughable and one of the most outrageous things that's ever taken place at County Center," he said.

In April, the county's insurer asked a federal judge to deny White's request to recover legal fees. A federal lawsuit by State National Insurance Company and one of its parent companies argues that White is not entitled to the reimbursement of his legal fees under the county's insurance policy.

The company cites exclusions that deny claims for a "willful violation of law" and a "self-insured retention clause" that requires such a claim to exceed the $350,000 deductible.

Hillsborough County spent more than $400,000 in legal bills as a co-defendant in the case and the county's insurance company paid about $66,000 toward those expenses.

Through his attorney, White filed a claim with the county's insurer in September seeking to recover his legal costs - which he listed as $5,000, including the judgment against him, attorney fees and out-of-pocket expenses - but it was subsequently denied.

Laurato said he isn't exactly sure how much money is being sought but that a ballpark figure "may be $150,000 to $200,000."

In January, the commission voted to sue White to force him to repay more than $400,000.

Tampa lawyer Richard Harrison has volunteered to handle the lawsuit free of charge. Commissioners will discuss on Thursday whether Harrison should handle the case.