Item N17Meeting Date: March 19, 2008
Bulk Item: Yes _ No xx
;Division: County Attorney
Staff Contact Person: Bob Shillinger, x3470
AGENDA ITEM WORDING: Discussion of issues related to two pending ethics complaints.
ITEM BACKGROUND: Commissioner Spehar and former Planning Commissioner Popham have
recently been notified that individuals have filed complaints against them with the Florida Commission
on Ethics. Both complaints arise from the working waterfront amendments to the comprehensive plan.
Under a proposed resolution that the Board will be considering separately, the County Attorney, when
notified of such complaints, is tasked with seeking direction from the Board on whether her office
should provide legal representation to the person named in the complaint. Any such representation by
the County Attorney's office would have to be consented to by the BOCC, the County Attorney's
primary client.
The County Attorney recommends advising both officials to seek their own counsel subject to the
limitations set forth in the proposed resolution. The County Attorney makes this recommendation'
because staff attorneys will likely represent the County in litigation over the working waterfront
amendments if there is an administrative challenge to DCA's final decision on the amendments.
Moreover, under ]Ethics Opinion 77-30 (revised) the Florida Bar has indicated that in-house legal
counsel should only represent an individual commissioner or officer before the Ethics Commission
where no real or apparent conflict of interest exists. Because ethics complaints have- been lodged
against two individuals involved in the process with conflicting perspectives on those amendments,
there's a reasonable chance that a conflict of may arise.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF R)CCOMMENDATIONS:
Advise Commissioner Spehar and former Planning Commissioner Popham that they should each retain
their own counsel of their choosing for which the County will reimburse them for their reasonable fees
should they be exonerated in the process.
TOTAL, COST: None immediately BUDGETED: Yes x No
COST TO COUNTY: To be determined SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year
PROVED BY: County Atty xx OMB/Purchasing Risk Management
DOCUMENTATION: Included
Not Required xx
Revised 8/06
Dannv Kolhaae
From: Spehar-Dixie [Spehar-Dixie@MonroeCounty-FL.Gov]
Sent: Wednesday, March 26, 2008 6:36 PM
To: dkolhage@monroe-clerk.com
Cc: Hutton -Suzanne
Subject: BOCC Meeting items N-12 & N-17 on March 19, 2008
Based on discussion with counsel, and because 1 could be effected by the outcome of the vote by having to pay legal fees
for representation before the Ethics Commission for a complaint lodged based on a previous vote I made in my position
as County Commissioner, I recused myself from voting on the issue of waiving potential conflict and authorizing in-house
counsel to represent me before the Ethics Commission
(Dixie w. Spehar
Wonroe County Commissioner
(District One «+
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