HomeMy WebLinkAboutResolution 165-2025 MA�
MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 165 -2025
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AUTHORIZING THE WAIVER OF THE
ATTORNEY CLIENT AND WORK PRODUCT
PRIVILEGES AND DUTY OF
CONFIDENTIALITY ON BEHALF OF THE
COUNTY AS AN ENTITY , WITH RESPECT TO
CONFIDENTIAL COMMUNICATIONS WITH
RETIRED SENIOR ASSISTANT COUNTY
ATTORNEY CYNTHIA HALL TO ALLOW HER
TO TESTIFY IN THE MATTER OF STATE OF
FLORIDA V. ROMAN GASTESI, 24 - CF - 917 - K .
WHEREAS, the County Commission, the County Administrator, and county
staff are represented on county business by the Monroe County Attorney and
the Assistant County Attorneys employed by the County Attorney's Office
pursuant to Section 2-179(a) of the Monroe County Code; and
WHEREAS, former County Administrator Roman Gastesi is the defendant
in the matter of State of Florida v. Roman Gastesi, 24-CF-917-K which is
pending in the 16t" Judicial Circuit of Florida; and
WHEREAS, Mr. Gastesi, through counsel, is seeking to depose retired
Senior Assistant County Attorney Cynthia Hall regarding conversations she
participated in with Commissioner Michelle Lincoln, Mr. Gastesi, and county
staff which are relevant to Mr. Gastesi's case, but which also qualify for
protections under the attorney client privilege, work product doctrine, and
confidentiality rules in the Florida Rules of Professional Conduct applicable to
attorneys; and
WHEREAS, during her initial deposition, Ms. Hall asserted the attorney-
client privilege, work product doctrine, and confidentiality rules with respect to
those conversations and declined to answer questions related to those
conversations; and
WHEREAS, Ms. Hall's deposition was continued so that the question of
privilege could be resolved; and
i
WHEREAS, under F.S. 90.502, the attorney-client privilege belongs to
the client, not the attorney, and
WHEREAS, the "privilege extends not only to communications from a
client, but also to statements made by an attorney to a client, because
disclosure of an attorney's communications or advice to a client will effectively
reveal the substance of the client's confidential communication." Cunningham
v. Appel, 831 So.2d 214, 216 (Fla. 5t" DCA 2002); and
WHEREAS, it is well settled that the attorney-client privilege exists for
organizational clients such as the County Commission; see, Rogan v. Oliver,
110 So.3d 980, 983 (Fla. 2013), citing Upjohn Co. v. United States, 449 U.S.
383, 101 S.Ct. 677, 66 L.Ed.2d 584 (1981 ); and
WHEREAS, the waiver of the attorney-client privilege for organizational
clients requires the consent of that entity's governing body, i.e., the Board of
County Commissioners; see Rogan, 110 So.3d at 983; and
WHEREAS, because multiple people participated in the subject
conversations, each party to those conversations must waive the attorney-client
privilege; see, Cone v. Culverhouse, 687 So.2d 888, 889 (Fla. 2d DCA 1997)
and Cunningham, 831 So.2d at 216; and
WHEREAS, Rule 4-1 .6 of the Florida Rules of Professional Conduct, "a
lawyer must not reveal information relating to a client's representation . . .
unless the client gives informed consent"; see, Coffey-Garcia v. South Miami Hosp.,
Inc.,. 194 So.3d 533, 536 (2016); see also, Comment to Rule 4-1.6, R. Reg. The Fla. Bar;
and
WHEREAS, the work product doctrine protects information that is
gathered in anticipation of litigation, as well as mental impressions,
conclusions, opinions, and theories of counsel; and
WHEREAS, under the work product doctrine, materials prepared in
anticipation of litigation by or for a party or its attorney are protected from
disclosure unless a party seeking disclosure demonstrates a need for the
material and an inability to object to the substantial equivalent without undue
hardship; and
z
WHEREAS, Mr. Gastesi's counsel has presented to the County Attorney
that Ms. Hall's work product is necessary for him to prepare a proper defense
of his client; and
WHEREAS, the Board finds that waiving the attorney client privilege, the
work product privilege, and releasing Ms. Hall from her duty of confidentiality
serves the paramount public importance of transparency in County government;
and
WHEREAS, by adopting this resolution, the Board waives the attorney-
client privilege, authorizes Ms. Hall to discuss matters covered by the work
product doctrine, and also consents to releasing Ms. Hall from her duty of
confidentiality with respect to her representation of the County as an entity to
the extent necessary to answer counsels' questions at her deposition, at trial,
and any related proceedings in 24-CF-917-K; and
WHEREAS, the waivers of the attorney client privilege, work product
privilege, and duty of confidentiality effectuated by this resolution shall be
limited to Monroe County as an entity, and that individual participants in the
subject conversations either have or will have to waive the privilege individually
in addition to the Board's waivers.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
1. The above-stated recitations are incorporated as factual findings of the
Board.
2. The Board expressly waives the attorney client privilege and work
product privilege on behalf of Monroe County to the extent that those
privileges extend to the County government as an entity.
3. The Board expressly releases retired Senior Assistant County
Attorney Cynthia Hall from her duty of confidentiality under Rule 4-1.6
of the Florida Rules of Professional Conduct with respect to her
representation of the County as an entity to the extent necessary to
answer counsels' questions at her deposition, at trial, and any related
proceedings in 24-CF-917-K.
4. The Clerk is directed to email a copy of this resolution to:
• Assistant State Attorney Colleen Dunne via
.cdur�ir�.�:�.. yea ssao.oirq.
• Ramon de la Cabada, Counsel for Defendant Roman Gastesi,
via : . ,araiiTy,rioinidcllacalk�ada.coiiTT'ri.
3
PASSED AND ADOPTED at a regular meeting held on the 16th dayof April, 2025 in Marathon,
.. .
Florida
Mayor.James K. Scholl Yes
Michelle
Mayor Pro Tern: Lincoln Yes
Commissioner.Craig Cates Yes
Commissioner David Rice Yes
Commissioner Holly Merrill Raschein Yes
fGF.' w�� ; W .;w•r. KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
,.„(:-:-, ; \{ �� ,,‘ OF MONROE COUNTY, FLORIDA
ill' ,,,,?,,,,,g,i,ils, rf,,,, \%._,,,,x
4K .
yi W:yr��� .-Ri fez} � 1-1NT
d
0.14
1
V1.\\%-,:;;Ii,;-.14'. ...ai 9
a A
,,7, A,,./jtivwir .1i ' 0 . w .
'1/4,,%,•\"7,474?1,i.:,- .i,,,---fiiciiii,,.''.e dio r 40. ''-
n k:,, •tom ? s r^^..`� ,
,::,:,, c,�.��.�.,,�,"4 ' A Deputy Clerk:
4i � vr = `�'s Mayor James K. Scholl
Approved for form and legal sufficiency
..Digitally signed by.Robert B.
Ro ert B. Shillinger, Jr`:Shilling er,Jr.
Date:2025.04.21 18:01:24-04'00'
Robert B. Shillinger, Jr:.:
Monroe County Attorney
: z. r
ry.,,
' {
,. ' ,
::
4