Item P14BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:__ 6/18/08 Division:County Attorney
Bulk Item: Yes X No _ Staff Contact Person/Phone #: Suzanne Hutton X3473
AGENDA ITEM WORDING: Approval to participate with Leon, Alachua, Manatee, and other
counties in lawsuit challenging any financial obligation of counties to fund regional conflict counsel,
subject to condition that County's contribution to cost of the litigation is Iimited to $1,000, to be paid
out of the County Attorney budget for outside legal counsel costs.
ITEM BACKGROUND: See Background Memo attached as this space is inadequate for explanation.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACTIAGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $55,000-$65,000 1 BUDGETED: Yes X No
COST TO COUNTY: 1000 or less SOURCE OF FUNDS: General Fund-001-67501-
530318
REVENUE PRODUCING: Yes —No X AMOUNT PER MONTH Year
APPROVED BY: County Atty 4OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
COUNTY So�MONROE
KEY WESTWRIDA 33040
(305)294-4641
Suzanne A. Hutton, County Attorney**
Robert B. Shillinger, Chief Assistant County Attorney
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attorney
Natileene W. Cassel, Assistant County Attorney
Cynthia L. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
Board Certified in City, County & Local Govt. Law
June 6, 2008
TO: Roman Gastesi, Jr., County Administrator
County Commissioners
FROM: Suzanne A. Hutton, County Attorney
RE: Background Information re Regional Conflict Counsel
Agenda Item
BOARD OF COUNTY COMMISSIONERS
Mayor, Charles "Sonny" McCoy, District 3
Mayor Pro Tern Mario Di Gennaro, District 4
Dixie M. Spehar, District 1
George Neugent, District 2
Sylvia I Murphy, District 5
Office of the County Attorney
1111 12'h Street, Suite 408
Key West, FL 33040
(305) 292-3470 — Phone
(305) 292-3516 — Fax
Last year, the State Legislature authorized the creation of Regional Conflict Counsels through -out the
State to serve as the alternate in criminal cases where the Public Defender's office has a conflict and as
the primary lawyer to represent indigent persons involved in certain civil actions involving abuse and/or
neglect issues. Under the statute enacted, the counties are directed to provide some funding for this new
office despite the 1998 Constitutional Amendments which limits the 67 counties' responsibility for
funding the state court system. While the Supreme Court has upheld the constitutionality of the office, it
left open the issue of whether the counties are obligated to fund this office.
Leon County has retained Nabors, Giblin, & Nickerson to represent them in a challenge on the issue of
funding. Alachua, Manatee & other counties have joined Leon to be named plaintiffs. It is deemed
strategically important to the case to have as many counties named as plaintiffs as possible. It is
anticipated that the Florida Association of Counties will participate and pick up 1/3 of the costs, and it
is also expected that a $500 participation in costs may be offered to small counties. Monroe County is
in a transitionary phase as to meeting the small county population criteria pending the decennial
census, and may not meet the qualifications for the flat fee.
While the Regional Counsel requested that Monroe County provide his office with facilities in each
Upper, Middle & Lower Keys, none was available in the Middle and Upper Keys and the available
space in the Gato building was not to his satisfaction so he leased space elsewhere. In conversations
with staff, he has indicated that he may seek County funding for at least a portion of his rent at some
point in the future once he's exhausted the start up funds provided by the State. He has also submitted
a request for a portion of the technology trust fund.
LAW OFFICES OF THE
CRIMINAL CONFLICT AND CIVIL REGIONAL COUNSEL
THIRD REGION OF FLORIDA
Serving Miami -Dade and Monroe Countica
1501 N.W. NORTs R1vER nRlvs
MIAMI. FLORIDA 33125
JOSEPH P. GEORGE, .iR. TEL., (305) 325-3000
REGIONAL COUNSEL FAX: (305) 325-3003
May 16, 2008
Roman Gastesi, County Administrator
Monroe County pFCEWED
The Historic Gator Cigar Factory
1 100 Simonton Street, Room 2-205
Key West, Florida 33040
Re: Technology Trust Fund Request per Fla. Stat. 28.24(12)(e)1. COUNTy Ani�41NjSTRNrC1R
Dear Mr. Gastesi:
Congratulations on your new appointment. I look forward to working with you in my
former home county. Please consider this a friendly request by the above office for its share of
the Technology Trust Fund. I have been advised that these funds are disbursed based upon
guidelines established by your County Commission's policies. '
Please let me know what is required so that we can accommodate you and your County
Commission in determining the fair share. I am happy to discuss this matter with you anytime.
Thank you for your anticipated cooperation and assistance and welcome to The Florida Keys. I
look forward to hearing from you soon,
v ly yours,
Xq�
Joseph P. George, Jr.
Regional Counsel
Office of Criminal Conflict and Civil Regional
Counsel, Third Region
Cc: /Debbie Frederick, Deputy County Administrator
Danny Kolhage, Clerk of the Board
JPG/hos