Item L2 L.2
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
March 22, 2023
Agenda Item Number: L.2
Agenda Item Summary #11788
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 Tommy Alfonso on behalf of minor T.A. v. Monroe County, 16th Jud. Cir. Case No. 22-CA-
108-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 E. Bruce
Johnson and/or Jonathan Railey from the law firm of Johnson Anselmo Murdoch Piper& Hochman
P.A., Risk Manager Brian Bradley, and Budget Director Tina Boan.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
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L.2
STAFF RECOMMENDATION: N/A -- closed session.
DOCUMENTATION:
Risk management closed session script Alfonso
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 02/20/2023 4:52 PM
Bob Shillinger Completed 02/28/2023 2:55 PM
Budget and Finance Completed 02/28/2023 3:35 PM
Brian Bradley Completed 02/28/2023 3:44 PM
Lindsey Ballard Completed 03/01/2023 9:47 AM
Board of County Commissioners Pending 03/22/2023 9:00 AM
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L.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.
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A risk management closed session pursuant to Section 768.28(16), Florida Statutes, will now be held. It is 00
estimated that this meeting will take approximately thirty (30) minutes. The persons attending the meeting will r-
be the Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Sr. Assistant
County Attorney Cynthia Hall, outside counsel E. Bruce Johnson and/or Jonathan Railey from the law firm of
Johnson, Anselmo, Murdoch, Piper & Hochman, P.A., Budget Director Tina Boan, and Risk Manager Brian U)
Bradley. This meeting concerns a personal injury claim and lawsuit by the name of Tommy Alfonso on behalf o)
minor T.A. v. Monroe County, 16th Jud. Cir. Case No. 22-CA-108-K. 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 .2
compromise of the claim filed with the risk management program. U)
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Since the law prohibits any other person from being present at the closed session, the commissioners, the County 'cn
Administrator, the attorneys for the County, and other persons named will now remain in this meeting room, and 2u
all other persons are required to leave the room. When the closed session is over, we will re-convene and re-open u
the public meeting. This public meeting is now closed.
2. At the beginning of the closed session.
I now call this closed session to order.
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Just as a reminder, there is no court reporter here because this is a risk management closed session, and C
not an attorney-client closed session, but there will be minutes taken.
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Just as a reminder, we will only be discussing an evaluation of the claim filed with Risk Management or .2
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.
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Let's start our discussion with the County Attorney.
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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. E
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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 �E
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meeting.
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