Item K3K.3
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Sylvia Murphy, District 5
Mayor Pro Tem Danny Kolhage, District 1
TheFloridaKeys
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
December 19, 2018
Agenda Item Number: K.3
Agenda Item Summary #4963
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289-2584
1:30 P.M. CLOSED SESSION
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Keith Cohen
& Cheri Cohen v. Monroe County, Florida, Case No. 15-10167-CIV, U.S. District Court for the
Southern District of Florida.
ITEM BACKGROUND: Per F.S. 286.011(8), the subject matter of the meeting shall be confined
to settlement negotiations or strategy sessions related to litigation expenditures. Present at the
meeting will be the Commissioners, County Administrator Roman Gastesi, County Attorney Bob
Shillinger, Assistant County Attorney Peter Morris, special litigation counsel Mike Burke and a
certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
11/20/18 (U3) BOCC scheduled Closed Session for 12/19/18 in Key Largo, FL at 1:30 P.M. or as
soon thereafter as may be heard
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
Mayors Script Closed Session (Cohen)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: Court Reporter Costs
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K.3
Current Year Portion:
Budgeted: Yes
Source of Funds: 67501-530330
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Peter Morris Completed 11/20/2018 10:26 PM
Bob Shillinger Completed 12/03/2018 4:21 PM
Budget and Finance Completed 12/03/2018 4:30 PM
Maria Slavik Completed 12/04/2018 9:15 AM
Kathy Peters Completed 12/04/2018 9:33 AM
Board of County Commissioners Pending 12/19/2018 9:00 AM
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K.3.a
For the day of Closed Session
The following should be read at the appropriate point during the day of the closed session.
1. Prior to going into closed session.
A closed attorney-client session pursuant to Section 286.011(8), Florida Statutes, will now be held. It is
estimated that this meeting will take approximately thirty (30) minutes. The persons attending the meeting will
be the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger,
Assistant County Attorney Peter Morris, special litigation counsel Mike Burke and a certified court reporter.
Since the law prohibits any other person from being present at the closed session, the commissioners, the
County Administrator, the attorneys for the County and the court reporter will now remain in this meeting
room, and all other persons are required to leave the room. When the closed session is over, we will re-convene
and re-open the public meeting. This public meeting is now closed.
2. At the beginning of the closed session.
I now call this closed session to order. For the record, this meeting is being held upon the request of the County
Attorney Bob Shillinger who announced at a prior BOCC Meeting held on 11/20/18 that he needed advice in
the matter of Keith Cohen & Cheri Cohen v. Monroe County, Florida, Case No. 15-10167-CIV, U.S. District
Court for the Southern District of Florida. At that meeting, the Board approved holding a closed session and
public notice was given through public announcement of the meeting at the 11/20/18 BOCC meeting and
through publication of the 12/19/18 .
For the record, and the benefit of the court reporter, each of us will state our name and position starting
with the commission.
(After all have identified themselves) Thank you.
Just as a reminder, we will only be discussing settlement negotiations and strategy relating to litigation
expenditures. We cannot take any decisive action at this meeting. We can only provide information and
direction to the attorneys. Any decisions this Board makes concerning this case must be done in a meeting open
to the public.
3. At the end of the closed session, prior to going into open session.
This closed session is now terminated and we will not reconvene in the public meeting.
Attachment: Mayors Script Closed Session (Cohen) (Attorney-Client Closed Session (Cohen))
4. After the public session has been re-opened.
The attorneyclient session has been terminated, and we are now re-opening this public meeting.
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