Item K2 K.2
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: K.2
Agenda Item Summary #11930
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
1:30 PM Closed Session
AGENDA ITEM WORDING: Attorney-Client Closed Session in the matter of Mark Thompson v.
Monroe County and City of Key West, 16th Judicial Circuit Case No. 22-CA-113-K.
ITEM BACKGROUND: 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. Present at the meeting will be the Commissioners, County Administrator Roman Gastesi,
County Attorney Bob Shillinger, Assistant County Attorney Cynthia Hall, outside counsel Richard
McAlpin and/or Stephanie Cardelle from the law firm of McAlpin Tanner Marcotte, and a certified
court reporter.
PREVIOUS RELEVANT BOCC ACTION: The closed session was requested at the 3/22/2023
BOCC meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A - closed session.
DOCUMENTATION:
Mark Thompson day of closed session script
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: Court Reporter Costs
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K.2
Current Year Portion:
Budgeted:
Source of Funds: 503-08503-530-454
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:
Cynthia Hall Completed 03/24/2023 3:57 PM
Bob Shillinger Completed 04/03/2023 9:21 AM
Lindsey Ballard Completed 04/03/2023 11:03 AM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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K.2.a
Mayor's Script for the Day of the 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
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0.
A closed attorney-client session pursuant to Section 286.011(8), Florida Statutes, will now be 0
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, Sr. Assistant County Attorney Cynthia Hall, outside counsel
Richard McAlpin or Stephanie Cardelle from the law firm of McAlpin Tanner Marcotte, and a
certified court reporter. U)
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LO
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 U)
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 u
meeting is now closed.
2. At the beginning of the closed session:
0
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, who announced at a prior BOCC Meeting held 2.
on March 22, 2023, that he needed advice in the matter of Mark Thompson v. Monroe
County and the City ofKey West, Case No. 22-CA-113-K. At that meeting, the Board approved
holding a closed session and public notice was given through public announcement of the U)
meeting at the 03/22/2023 BOCC Meeting and through publication of the 4/19/2023 BOCC U)
regular 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 U
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position, starting with the Commission. 0
(After all have identified themselves)— Thank you.
0
Just as a reminder, we will only be discussing settlement negotiations and strategy related CL
to litigation expenditures. We cannot take any decisive action at this meeting. We can only 0
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.
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3. At the end of the closed session,prior to going into open session: E
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This closed session is now terminated and we will now 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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