Item B1 B.1
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
September 12, 2022
Agenda Item Number: B.1
Agenda Item Summary #11063
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 personal injury
case of Mark Barter v. Monroe County, 16th Jud. Cir. Case No. 21-CA-418-K.
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.
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, Sr. Assistant County Attorney Cynthia Hall, outside counsel W. Hampton
Johnson from the law firm of Johnson Anselmo, Risk Manager Brian Bradley, Budget Director Tina
Boan, and Sheryl Graham, Senior Director, Monroe County Social Services.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A -- closed session.
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B.1
DOCUMENTATION:
Script for Barter v Monroe County Risk Management Closed Session
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: $0 (no court reporter required)
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 09/01/2022 5:44 PM
Bob Shillinger Completed 09/06/2022 9:52 AM
Budget and Finance Completed 09/06/2022 1:50 PM
Brian Bradley Completed 09/06/2022 2:09 PM
Lindsey Ballard Completed 09/07/2022 10:24 AM
Board of County Commissioners Pending 09/12/2022 4:00 PM
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B.1.a
Mayor's Script
For The Day of Closed Session (Barter v. Monroe County)
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The following should be read at the appropriate point during the day of the closed session. U
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1. Prior to going into closed session. 0
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 be the County Commissioners, County Attorney Bob Shillinger,
Assistant County Attorney Cynthia Hall, Risk Manager Brian Bradley, Director of Social
Services Sheryl Graham, Director of Budget & Finance Tina Boan, and outside counsel U)
Hampton Johnson from the law firm of Johnson Anselmo. This meeting concerns a claim filed U)
by Mark Barter. 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.
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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 other persons
named will now remain in this meeting room, and all other persons are required to leave the E
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.
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I now call this closed session to order. For the record,this meeting is being held upon the request LO
of the County Attorney Bob Shillinger.
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For the record, and the benefit of the court reporter, each of us will state our name and position
starting with the commission.
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(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 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
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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 now reconvene in the public meeting.
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4. After the public session has been re-opened. 2.
The risk management closed session has been terminated, and we are now re-opening
this public meeting.
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