Item M3
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
March 16, 2022
Agenda Item Number: M.3
Agenda Item Summary #10316
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292-3470
1:30 PM CLOSED SESSION
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Monroe
County v. Buirley, Sixteenth Judicial Circuit Case No. 19-CA-565-K.
ITEM BACKGROUND: This item is a closed session held as an attorney-client closed session
pursuant to Section 286.011(8), Florida Statutes. It is estimated that this meeting will take
approximately thirty (30) minutes.
F.S. 286.011(8) provides that the Board and its chief administrative officer can meet in private with
the entity's attorney to discuss pending litigation to which the entity is a party.
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.
Pursuant to F.S. 286.011(8), the subject matter of the meeting shall be confined to settlement
negotiations or strategy sessions related to litigation expenditures.
PREVIOUS RELEVANT BOCC ACTION: The County Attorney requested the attorney client
closed session at the February 16, 2022 meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A - closed session.
DOCUMENTATION:
Closed Session Script (Buirley Archbell) March 16 2022
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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:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Paunece Scull Completed 02/23/2022 9:10 PM
Bob Shillinger Completed 02/28/2022 11:35 AM
Purchasing Skipped 02/28/2022 11:35 AM
Budget and Finance Skipped 02/28/2022 11:35 AM
Maria Slavik Skipped 02/28/2022 11:34 AM
Liz Yongue Completed 02/28/2022 11:54 AM
Board of County Commissioners Pending 03/16/2022 9:00 AM
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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, Assistant
County Attorneys Paunece Scull and Cynthia Hall; 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 reconvene and re-open the
public meeting. Mr. Mayor, will you close this public meeting?
2. At the beginning of the closed session.
Mr. Mayor, will you please 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 February 16, 2022, that he needed advice in the matter
of Monroe County v. Buirley, 2019-CA-565-K. At that meeting, the Board approved
holding a closed session at the March 16, 2022 meeting and public notice was given
through publication of the BOCC Meeting Agenda for the March 16, 2022 meeting on
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.
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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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