Item L3 L.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
Mayor Pro Tem David Rice,District 4
-Ile Flonda,Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
February 17, 2021
Agenda Item Number: L.3
Agenda Item Summary #7357
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
No
AGENDA ITEM WORDING: Risk management closed session to be held in the tort claim of
Estate of Paradela.
ITEM BACKGROUND: This closed session is being placed on the agenda pursuant to Section
768.28(16) of Florida Statutes, which covers closed sessions for risk management evaluation of tort
claims (personal injuries). FS 768.28(16) states that portions of meetings relating solely to the
evaluation of tort claims or to offers of compromise of claims filed with a risk management program
of the state, its agencies and subdivisions, including counties and cities, are exempt from Florida's
Sunshine Law in F.S. 286.011.
Unlike litigation closed sessions for other(non-tort)types of claims conducted under F.S. 286.011,
there is no requirement to request this risk management closed session one meeting in advance.
Unlike F.S. 286.011, F.S. 768.28(16) allows for closed sessions when claims are in the presuit
stages, like this claim.
This matter involves a wrongful death and medical malpractice claim filed on behalf of the Estate of
Ruben Paradela against Monroe County, Baptist Hospital, Mariner's Hospital, and other entities and
individuals. Per F.S. 768.28(16), the subject matter of the meeting shall be confined to evaluation of
a claim filed with the Monroe County risk management program or which relate solely to offers of
compromise of a claim filed with the risk management program.
Present at the meeting will be the Commissioners, County Administrator Roman Gastesi, County
Attorney Bob Shillinger, Assistant County Attorney Cynthia Hall, Monroe County Fire Rescue
Deputy Chief Steven Hudson or another designee from Fire Rescue, Risk Administrator Maria
Slavik, and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
Packet Pg. 2346
L.3
N/A
STAFF RECOMMENDATION: N/A -- closed session.
DOCUMENTATION:
Mayor's Script Paradela
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: No
Additional Details:
N/A -- closed session
REVIEWED BY:
Cynthia Hall Completed 02/02/2021 4:24 PM
Bob Shillinger Completed 02/02/2021 4:29 PM
Purchasing Skipped 02/02/2021 4:28 PM
Budget and Finance Skipped 02/02/2021 4:29 PM
Maria Slavik Completed 02/02/2021 6:13 PM
Liz Yongue Completed 02/02/2021 6:31 PM
Board of County Commissioners Pending 02/17/2021 9:00 AM
Packet Pg. 2347
L.3.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.
0
U
A risk management closed session pursuant to Section 768.28(16), Florida Statutes, will now be held. It is
estimated that this meeting will take approximately thirty (30) minutes. The persons attending the meeting will r-
be the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, 2
Assistant County Attorney Cynthia Hall, Risk Administrator Maria Slavik, Engineering Director Judith Clarke
and a certified court reporter. This meeting concerns a personal injury claim filed by or or behalf of Estate of m
Ruben Paradela v. Monroe County, Baptist Hospital, Mariner's Hospital, and other persons and entities. The
subject matter of this meeting shall be confined solely to evaluation of a claim filed with the Monroe County risk
management program or offers of compromise of the claim filed with the risk management program. 0
Since the law prohibits any other person from being present at the closed session, the commissioners, the
County Administrator, the attorneys for the County, other persons named, 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. 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.
For the record, and the benefit of the court reporter, each of us will state our name and position starting
with the commission.
a�
(After all have identified themselves)—Thank you. °i
Just as a reminder, we will only be discussing an evaluation of the claim filed with Risk Management or
an offer to compromise of the claim filed with Risk Management. We cannot take any decisive action at this L
meeting. Any decisions this Board makes concerning this claim must be done in a meeting open to the public.
Let's start our discussion with the County Attorney.
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. 0
4. After the public session has been re-opened.
The risk management closed session has been terminated, and we are now re-opening this public
meeting.
Packet Pg. 2348