Item Q08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19. :f_O_06. - KW
Division:
C9unty Attorney
Bulk Item' Yes X
1\0
Department:_ _County Attorney
Staff Contact Person: Bob Shillinger
AGE~DA iTEM WORDING:
Authorization tor County Attorney or her designee to execute attached limited waiver of conflict of
interest for law firm of Vernis & Bowling of the Florida Keys, P.A.
ITEM BACKGROUND:
Vernis & 130v,ling of the rIorida Keys. P,A, represents the County in a handful of growth management
matters The linn has also been asked to represent the newly created Key Largo Fire Rescue and E1\.lS
Board on a variety of matters, including negotiations with the County on transition issues Under an
amendment to the Rule 4-1,7 of the Rules of Professional Conduct which took effect May l8, 2006, all
conflict waivers must be either in writing or on the record at a hearing
Since none of the issues involved would conflict with the gro\V1:h management issues on which Vernis &
Bowling represents the County, staff has no objection to the Board waiving the conflict
PREVIOUS RELEVANT ROCC ACTIO~:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOj\'IME~DA TlONS:
Approval
TOTAL COST: JS/A
BUDGETED: Yes
NoX
COST TO COCNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Att').' A_ OMS/Purchasing _ Risk Management _~____
DIVISION DIRECTOR APPROVAL:
/~.
G/
/ .--"
7h~/~~____
ANNE A. HUTTON, COUN~ vA'-TORNEY
DOCUI\IEYlATlON:
Included X
Not Required_
DISPOSITION:
AGENDA I'I"I':M#
Rc,-iscd 2/05
O~,~~~~E
(305) 294~4641
('.......--.
BOARD OF COUNTY COMMISSIONERS
Mayor Chanes "SOnny. McCoy, District 3
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Glenn PattDn, District 5
David P. Rice, District 4
Cltfke D/- tfre &unty. CltWutaJ
502 WftitJread StJwit, fJWx:<
fJ'06t 191fke!B"", 1026
:Kaj W..t, !I.e 33041.1026
(305) 292.3470
_.11\,.
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July 20, 2006
Mr. Dirk M. Smits, Esq.
Verois & Bowling of the
Florida Keys, P.A.
81990 Overseas Highway, 3rd Floor
Islamorada, FL 33036
Re: Executed Limited Waiver of Conflict of Interest
Dear Mr. Smits:
Subsequent to approval by the Board on July 19, 2006 (Agenda Item Q-8), enclosed please find your
letter oflimited waiver of conflict of interest dated July 5, 2006 which has been executed by the County
Attorney.
S~$
Kathy M. Peters for:
Suzanne}l. J{utton
County Attorney
SAHkmp:
Enclosure: Original executed letter dated July 5, 2006
be: Cle.y\C of ,+0. CourT'
VERNIS & BOWLING
OF THE FLORIDA KEYS, P .A.
ATTORNEYS AT LAW
ISLAMORADA PROFESSIONAL CENTER
81990 OVERSEAS HGWY" 3rd FLOOR
ISlAMORADA FLORIDA 33036
TELEPHONE (305) 664-4675
FACSIMILE (305) 664-5414
WEB SITE: Y!l~0.'!__E.~~~ii!i:':.:::yr'
July 5, 2006
Suzanne Hutton, Esquire
Monroe County Attorney=s Office
P.O. Box 1026
Key West, Florida 33041-1026
Dear Ms. Hutton:
As we discussed, we are representing the Key Largo Fire Rescue and EMS Board
(KLFREMS) with respect to its general business matters. Although we see no
conflict between the interests of the Fire Board and our representation of the County
on matters pertaining to growth management and land use issues, we respectfully
request that you agree to sign a waiver of potential conflict of interest. As you know,
the transition of the KLFREMS from County funding to its own millage will be
governed by terms and conditions of an agreement that has yet to be negotiated
between the parties. The firm believes that it can maintain a fair and objective
position with respect any negotiation process that may take place. However, should
the County have any misgivings with respect to this aspect of the current transition or
aspect of our representation we would agree not to actively participate in this part of
the process.
Under the applicable Rules of Professional Conduct, which apply to all attorneys, no
attorney may act adversely to a current client interest even on an unrelated matter
without full disclosure to each affected client and the consent of each prospective
client. As we do not believe a conflict exists, in an overabundance of caution, we are
requesting that you consent to our representation of the KLFREMS and the County.
Should a conflict arise in the future, we would, of course, be unable to represent
either party against the other. In the present case, because of the unrelated nature
of the business of the KLFREMS Board and the Planning Commission, I do not
consider that there is a material risk of either ethical or business conflicts.
Nevertheless these are issues that you should consider for yourself. If you have any
questions that you would like me to answer prior to you reaching your decision on
this issue kindly inform me at your earliest convenience.
July 5, 2006
Suzanne Hutton, Esquire
Page 2
If you are willing to consent after such review, as you believe appropriate, please
sign in the space provided. Again, we do not believe a conflict exists, but wish to
inform you of the situation and move forward with your consent. Should a conflict
arise in the future, we would inform you and seek altemate counsel to represent the
parties as we have done in the past with other governmental entities. Thank you for
your consideration in this matter.
Very truly yours,
Dirk M. Smits, Esq.
For the Firm
DMS:vl
Enclosure
I hereby consent to the terms of representation set forth above.
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