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Resolution 404-20104 RESOLUTION NO. 404 - 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 AND MONROE COUNTY ADMINISTRATOR ROMAN GASTESI, JR. IN THE MATTER OF MONROE COUNTY AND ROMAN GASTESI, JR. V. STAND UP FOR ANIMALS, INC., CA K 10 -1050. WHEREAS, Monroe County and County Administrator Roman Gastesi, Jr. brought suit against Stand Up for Animals, Inc. in case number CA K 10 -1050; and WHEREAS, the County Attorney's Office has advised that the potential for a conflict of interest between the interests of Monroe County and the County Administrator is remote at most; 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 WHREAS, the Board has previously adopted Resolution 017 -2005, which authorizes County Commissioners, officers, and employees to retain and seek reimbursement for private counsel if the County Attorney's Office is unable to represent them in matters arising from their official duties; WHEREAS, the dual representation of both Monroe County and the County Administrator would eliminate the potential need for the County Administrator to retain his own counsel at the expense of the taxpayers; and WHEREAS, the County Administrator has consented to the dual representation by the County Attorney's Office; and WHERAS, the Board has already given verbal authorization for the dual representation at its meeting held on August 18, 2010; and WHEREAS, the Rule 4 -1.7 of the Rules of Professional Conduct requires that consent to dual representation be memorialized in writing. 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 Monroe County and County Administrator Roman Gastesi, Jr. by the County Attorney's Office in the matter of Monroe County and Roman Gastesi, Jr. v. Stand Up for Animals, Inc., CA K 10 -1050. s / 0. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on October 20, 2010. Mayor Sylvia Murphy Yes Mayor Pro Tem Heather Carruthers Yes Commissioner George Neugent Yes Commissioner Mario Di Gennaro Yes Commissioner Kim Wigington Yes ATTEST: DANNY L. KOLHAGE, CLERK B Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNT ,FLORIDA BY: ayor ylvia Murphy MONROE COUNI'Y ATTO LY AWBOVMD A81'DF0 M: ROBERT B. SHILLINGER, JR. CHIEF ASSt TANT COUNTY ATTORNEY Date 16 — y — ( v 2 W O a � CD O 2