Item L3 L.3
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
July 21, 2021
Agenda Item Number: L.3
Agenda Item Summary #3477
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 Jones Act claim
of Mark Thompson v. Monroe County.
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 evaluation of risk management
claims. FS 768.28(16) states that portions of meetings relating solely to the evaluation of 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.
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 Attorneys Cynthia Hall and Peter Morris, Assistant
County Administrator Christine Hurley, Marine Resources Sr. Administrator Celia Hitchins, Risk
Administrator Maria Slavik, Employee Services Director Bryan Cook, Safety and Security
Administrator Mark Gongre, and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
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L.3
N/A
STAFF RECOMMENDATION: N/A -- closed session.
DOCUMENTATION:
Mayor's Script Thompson
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Cost of court reporter
Current Year Portion: Cost of court reporter
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 07/08/2021 2:33 PM
Bob Shillinger Completed 07/08/2021 5:14 PM
Purchasing Skipped 07/08/2021 2:29 PM
Budget and Finance Completed 07/08/2021 5:17 PM
Maria Slavik Completed 07/08/2021 8:29 PM
Liz Yongue Completed 07/09/2021 10:33 AM
Board of County Commissioners Pending 07/21/2021 9:00 AM
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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
t�
A risk management closed session pursuant to Section 768.28(16), Florida Statutes, will now be held. It is 0"
estimated that this meeting will take approximately thirty (30) minutes. The persons attending the meeting will 0
be the Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant
County Attorneys Cynthia Hall and Peter Morris, Assistant County Administrator Christine Hurley, Marine �
Resources Sr. Administrator Celia Hitchins, Risk Administrator Maria Slavik, Employee Services Director '
Bryan Cook, Safety and Security Administrator Mark Gongre, and a certified court reporter. This meeting E
concerns a Jones Act claim filed by Mark Thompson. 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. E
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 2
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
c
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�
0)
(After all have identified themselves)—Thank you.
Just as a reminder, we will only be discussing an evaluation of the claim filed with Risk Management or E
an offer to compromise of the claim filed with Risk Management. We cannot take any decisive action at this
meeting. Any decisions this Board makes concerning this claim must be done in a meeting open to the public.
0
Let's start our discussion with the County Attorney. c
3. At the end of the closed session,prior to going into open session. 2-
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.
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