Item K1 K.1
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Michelle Coldiron,District 2
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{sJ ` °' Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: K.1
Agenda Item Summary #7110
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
1:30 P.M. CLOSED SESSION
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Board of
County Commissioners of Monroe County, Florida v. Jerome Pfahning, Case No. 15-CA-214-K.
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 Attorneys Paunece Scull and Cynthia Hall and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
11/17/20 (N4) BOCC continued the Attorney-Client Closed Session to December 9, 2020 in Key
Largo, FL at 1:30 P.M. or as soon thereafter as may be heard.
10/21/20 (L6) BOCC continued the Attorney-Client Closed Session to November 17, 2020 in
Key West, FL at 1:30 P.M. or as soon thereafter as may be heard.
9/16/20 (K6) BOCC continued the Attorney-Client Closed Session to October 21, 2020 in
Marathon, FL at 1:30 P.M. or as soon thereafter as may be heard with the caveat
that the County Attorney will be working toward identifying a date, time and
location for a special meeting for purposes of holding the closed session onsite.
8/19/20 (K6) BOCC continued the Attorney-Client Closed Session to September 16, 2020 in
Key Largo, FL at 1:30 P.M. or as soon thereafter as may be heard
7/15/20 (012) BOCC scheduled an Attorney-Client Closed Session to be held August 19, 2020
in Key West, FL at 1:30 P.M. or as soon thereafter as may be heard
2/21/2018 (K2) Prior Closed Session held.
1/21/2015 (L2) BOCC authorization to initiate ligation granted.
Packet Pg. 2107
K.1
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
Closed Session Script(Pfahning) BOCC 8 19 20 (6 30 20) REVISED
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: Court Reporter Costs
Current Year Portion:
Budgeted: Yes
Source of Funds: 67501-530330
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Paunece Scull Completed 07/23/2020 7:49 PM
Bob Shillinger Completed 07/27/2020 2:56 PM
Kathy Peters Completed 07/28/2020 9:48 AM
Board of County Commissioners Completed 08/19/2020 9:00 AM
Board of County Commissioners Completed 12/09/2020 9:00 AM
Board of County Commissioners Pending 01/20/2021 9:00 AM
Packet Pg. 2108
K.1.a
Mayor's Script
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 o
be the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger,
Assistant County Attorneys Paunece Scull and Cynthia Hall and a certified court reporter. v)
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 .2
and re-open the public meeting. This public meeting is now closed.
E
2. At the beginning of the closed session. 0
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 7/15/20 that he needed advice in the
matter of Board of County Commissioners of Monroe County, Florida v. Jerome Pfahning, Case No. 15-CA-
214-K. At that meeting, the Board approved holding a closed session and public notice was given through public :-
announcement of the meeting at the 7/15/20 BOCC meeting and through publication of the 8/19/20 BOCC
meeting agenda on the County's website. At the 8/19/20 meeting, the Board continued the closed session to a
the 9/16/20 BOCC meeting and public notice was given through public announcement of the meeting at the uJ
8/19/20 BOCC meeting and through publication of the 9/16/20 BOCC meeting agenda on the County's website. w
At the 9/16/20 meeting, the Board continued the closed session to the 10/21/20 BOCC meeting and public notice W
was given through public announcement of the meeting at the 9/16/20 BOCC meeting and through publication
of the 10/21/20 BOCC meeting agenda on the County's website. At the 10/21/20 meeting, the Board continued
the closed session to the 11/17/20 BOCC meeting and public notice was given through public announcement of S
the meeting at the 10/21/20 BOCC meeting and through publication of the 11/17/20 BOCC meeting agenda on
the County's website. At the 11/17/20 meeting, the Board continued the closed session to the 12/9/20 BOCC
meeting and public notice was given through public announcement of the meeting at the 11/17/20 BOCC
meeting and through publication of the 12/9/20 BOCC meeting agenda on the County's website.
CO
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. v)
Let's start our discussion with the County Attorney.
0
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.
4. After the public session has been re-opened.
The attorney—client session has been terminated, and we are now re-opening this public m packet Pg. 2109