Item K2 K.2
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll 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
June 16, 2021
Agenda Item Number: K.2
Agenda Item Summary #8279
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Derek Howard (305)292-3470
1:30 PM CLOSED SESSION
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Donald Davis
v. Monroe County, Case No. 2004-CA-379-M.
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 Derek Howard, Peter Morris and Cynthia Hall, special outside counsel
Dean Cannon, Jason Unger, and George Levesque of the Gray Robinson, P.A. firm, and a certified
court reporter.
PREVIOUS RELEVANT BOCC ACTION: On 5/19/21, the BOCC approved holding the closed
session at the 5/25/21 special meeting in Marathon. On 5/25/21, the BOCC approved continuing the
closed session to the 6/16/21 regular BOCC meeting in Key Largo at 1:30 pm or as soon thereafter
as may be heard.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Closed Session Script(Donald Davis) BOCC 05 25 21
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
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K.2
Total Cost to County: Court Reporter Costs
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:
Derek Howard Completed 05/18/2021 9:32 AM
Bob Shillinger Completed 05/21/2021 2:45 PM
Purchasing Skipped 05/18/2021 9:16 AM
Budget and Finance Skipped 05/18/2021 9:16 AM
Maria Slavik Skipped 05/18/2021 9:16 AM
Liz Yongue Completed 05/21/2021 4:09 PM
Board of County Commissioners Completed 05/25/2021 10:30 AM
Board of County Commissioners Pending 06/16/2021 9:00 AM
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K.2.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
be the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, cc
Assistant County Attorneys Derek Howard, Peter Morris and Cynthia Hall, special outside counsel Dean
Cannon, Jason Unger, and George Levesque of the Gray Robinson, P.A. firm, 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.
E
I now call this closed session to order. For the record, this meeting is being held upon the request of the County 0
Attorney Bob Shillinger who announced at a prior BOCC Meeting held on 05/19/21 that he needed advice in
the matter of Donald Davis v. Monroe County, 0 4-C A-3 7 9-M. At that meeting, the Board approved
holding a closed session and public notice was given through public announcement of the meeting at the Lo
05/19/21 BOCC meeting and through publication of the 05/25/21 BOCC meeting agenda on the County's LO
website. On 5/25/21, the BOCC continued the closed session to the 6/16/21 regular BOCC meeting in Key u
Largo. Notice was given through the public announcement at the 5/25/21 BOCC special meeting and through
publication of the 6/16/21 BOCC meeting agenda on the County's website.
For the record, and the benefit of the court reporter, each of us will state our name and position starting with the
commission.
0
(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.
Let's start our discussion with the County Attorney.
3. At the end of the closed session,prior to going into open session.
E
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 meeting.
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