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.
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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
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