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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 1 A 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 - w Commissioner Mario Di Gennaro Yes rn •' Commissioner Kim Wigington Yes :• -; 3 p o BOARD OF COUNTY COMMISSIO RS �Y L. KOLHAGE, CLERK B . T 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