Resolution 403-2010A
RESOLUTION NO. 403 - 2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AUTHORIZING AND CONSENTING
TO THE DUAL REPRESENTATION BY THE COUNTY ATTORNEY'S
OFFICE OF BOTH MONROE COUNTY SHERIFF ROBERT PERYAM
AND THE MONROE COUNTY COMMISSION IN THE MATTER OF
EDWARD KITE MCINTYRE, ET AL V. ROBERT PER YAM, ET AL, CASE
NO. 80- 1721- CV/WMH, BEFORE THE U.S. DISTRICT COURT OF THE
SOUTHERN DISTRICT OF FLORIDA.
WHEREAS, Monroe County and the Monroe County Sheriff have been co- defendants in
the matter of Edward Kite McIntyre, et al. v. Robert Peryam, et al., Case No. 80-1721 -
CV/WHM, since 1980; and
WHEREAS, the above - referenced case was settled by a consent decree in 1991 which
led, inter alia, to the construction of the Monroe County Detention Center on Stock Island and
the closing of the Monroe County Jail on Whitehead Street, in Key West; and
WHEREAS, the Court has maintained jurisdiction over the case to monitor compliance
with the consent decree; and
WHEREAS, the Court has directed Monroe County and the Sheriff to respond by
November 15, 2010 to a report filed by the Plaintiffs counsel, outlining concerns regarding
compliance with that consent decree; and
WHEREAS, the Sheriff was represented in this matter by his former General Counsel
Mark Willis who unexpectedly passed away in August of this year; and
WHEREAS, the tragic and untimely death of Mr. Willis has led the Sheriff to hire a new
general counsel who had no prior familiarity with the case and who is not currently admitted to
practice in the Southern District; and
WHEREAS, the County Attorney's Office has been representing the County Commission
in this case; and
WHEREAS, the Sheriff has agreed to have the County Attorney's Office represent him
as co- counsel along with his new General Counsel; and
WHEREAS, although the Sheriff and the County Commission are separate and distinct
entities under Art. VIII, Section 1 of the Florida Constitution, the interests of the Sheriff and
Monroe County are aligned in the above - referenced case; and
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WHEREAS, Section 2- 179(b) of the Monroe County Code only grants blanket
authorization for the County Attorney's Office to represent Constitutional Officers such as the
Sheriff in circumstances where no conflict of interest or potential conflict of interest exists thus
requiring this waiver in light of the potential conflict referenced below; and
WHEREAS, the County Attorney's Office has advised that the potential for a conflict of
interest between the Sheriff's interests and those of Monroe County and its Commissioners,
while minimal, may nevertheless exist or may arise in the future over the issue of whether the
Monroe County Detention Center needs to be retrofitted or expanded in order to comply with the
consent decree at issue in the litigation, an expense falling under the purview of the County
Commission, or whether compliance can be gained through operational changes implemented by
the Sheriff's office; and
WHEREAS, Rule 4 -1.7 of the Florida Bar's Rules of Professional Conduct permits dual
representation of two clients in a matter where the representation does not involve the assertion
of a position adverse to one of the clients in the matter; and
WHEREAS, the Rule 4 -1.7 of the Rules of Professional Conduct requires that consent to
dual representation be memorialized in writing; and
WHEREAS, the dual representation of both the Sheriff and the County Commission by
the Monroe County Attorney's Office would eliminate the potential need for the Sheriff to retain
outside counsel at the expense of the taxpayers; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
1. The Board consents to the dual representation of the Sheriff and the County
Commission by the County Attorney's Office in the matter of Edward Kite
McIntyre, et al. v. Robert Peryam, et al., Case No. 80-172 1 -CV/WHM.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe Count y ,
Florida at a regular meeting held on October 20, 2010.
Mayor Sylvia Murphy Yes
i $s Mayor Pro Tem Heather Carruthers Yes
i
Commissioner George Neugent Yes
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Commissioner Mario Di Gennaro Yes
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•' Commissioner Kim Wigington Yes
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BOARD OF COUNTY
COMMISSIO RS
�Y L. KOLHAGE, CLERK
B
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Deputy Clerk
Sol VIIVIX�04 0
Mayor Sylvia Murphy
MONHUc �- vtJNTY ATTORNEY
2 APPR D ST
ROBERT B. SHILLINGER JR.
CHIEF ASSISTit- Y U�UY ATTORNEY