HomeMy WebLinkAboutItem W02 Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Friday, July 10, 2026 1:13 PM
To: MGT; Agenda Distribution Group; County-Attorney; County Commissioners and Aides
Subject: ADD ON ITEM W2 BOCC 07/15/2026 MEETING
Attachments: AIS 26-32422.pdf
Good afternoon,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the
approval of the Agenda:
"Authorization for the CountyAttorney's Office to represent ScottAcker and Reynoldo Ortiz in the matter
of Krzysztof Duszka v. Monroe County, et al., 26-CA-479-K, per M.C.C. Section 2-179(a)(5) of the County
Code."
The Agenda Item Summary is attached. Once approved,this will be considered Add On Item W2.
Thanllc
�,-,rrystaC crontez
Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Notary Public
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PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
1
COUNTY Nr11�,Y �� ����� m� � ^ BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem David Rice,District 4
Craig Cates,District 1
James K.Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: {{section.number}}{{item.number}}
26-32422
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger
AGENDA ITEM WORDING:
Authorization for the County Attorney's Office to jointly represent the County, and County employees
Scott Acker and Reynoldo Ortiz in the matter of Krzysztof Duszka v. Monroe County, et al., 26-CA-
479-K consistent the Rule 4-1.7(b) of the Florida Bar's Rules of Professional Conduct.
ITEM BACKGROUND:
On June 29, 2026, Krzysztof Duszka, the Plaintiff, filed a Complaint naming the County, the Sheriff,
and County employees Scott Acker and Reynaldo Ortiz. The Complaint also names County
employees Scott Acker and Rey Ortiz. Section 2-179(a)(5) of the County Code authorizes the County
Attorney's Office to defend County employees in civil litigation for acts arising out of their
employment. Rule 4-1.7(b) of the Rules Regulating the Florida Bar authorizes a lawyer or law firm to
represent multiple parties to a lawsuit if the clients provide their informed consent in writing or
confirmed at a public hearing. Messrs. Acker and Ortiz have provided their informed consent to the
dual representation in writing.
This item provides the opportunity for the Commission to provide its informed consent to the
representation.
PREVIOUS RELEVANT BOCC ACTION:
n/a
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
From: Gomez Krvstal
To: MGT;Agenda Distribution Group;County Attorney;County Commissioners and Aides
Subject: Item W2 BOCC 07/15/2026 REVISED BACKUP
Date: Tuesday,July 14,2026 11:44:34 AM
Attachments: Rey Ortiz_-signed Consent to CAY Rep 7.13.26.pdf
Scott Acker-Consent to CAY Regresentation.pdf
Good morning,
Please be advised that the backup for the W2 agenda item has been revised.
"Authorization for the County Attorney's Office to represent Scott Acker and Reynoldo Ortiz
in the matter ofKrzysztofDuszka v. Monroe County, et al., 26-CA-479-K,per M.C.C. Section
2-179(a)(5) ofthe County Code. "
T-h2n2 r�ot,�,
fC��stgC cowt.ez
Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Notary Public
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING
COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE
SUBJECT TO PUBLIC DISCLOSURE.
„w- BOARD OF COUNTY COMMISSIONERS
County Of Monroe � Mayor Michelle Lincoln,District 2
The Florida Ke S Mayor Pro Tem,David Rice,District 4
y Craig Cates,District 1
r James K.Scholl,District 3
Robert B.Shillinger,Jr.,County Attorney** ” Holly Merrill Raschein,District 5
Pedro J.Mercado,Chief Assistant County Attorney**
Christine Limbert-Barrows,Sr.Assistant County Attorney**
Derek V. Howard,Sr.Assistant County Attorney** Office of the County Attorney
Peter H.Morris,Assistant County Attorney** 1111 1211 Street,Suite 408
Patricia Eables,Assistant County Attorney Key West,FL 33040
Joseph X.DiNovo,Assistant County Attorney** (305)292-3470 Office
Kelly Dugan,Assistant County Attorney (305)292-3516 Fax
Eve M. Lewis,Assistant County Attorney**
Jeni-Lee MacLaughlin,Assistant County Attorney
Ana Walter,Assistant County Attorney
Jessica Quiggle,Assistant County Attorney++
**Board Certified in City,County&Local Govt.Law
++Board Certified in State&Federal Govt.&Administrative Practice
July 13, 2026
Reynaldo Ortiz
Assistant Building Official
2798 Overseas Highway, Suite 300
Marathon, FL 33050
Re: Krzysztof Duszka v. Monroe County, Florida, 26-CA-749-K
Dear Mr. Ortiz,
You have been named individually as a defendant, along with Monroe County, in the above-mentioned
lawsuit. If authorized by you, the Monroe County Attorney's Office will defend you in this matter.
However, you have the right to retain your own counsel to represent you, and if you want counsel
separate from the County Attorney's Office, you are encouraged to obtain that counsel.
At this time, I have not identified any conflict of interest that would preclude joint representation of
you and the County by the County Attorney's Office. If you believe such joint representation might
result in a conflict of interest,please let me know immediately. Certainly,moving forward, if I identify
a potential conflict, I will inform you and advise you how to proceed to ensure that your interests are
fully protected.
If you authorize the Monroe County Attorney's Office to provide legal counsel to represent you in this
matter, please sign below and send a copy of this document to Jessica Quiggle, Esq., Monroe County
Attorney's Office, 1111 12th Street, Suite 408, Key West, Florida 33040, or via e-mail at Quiggle-
Jessica c'arrlonroecotlnt .
Sincerely,
C�OV4�
Jessica Quiggle, Esq.
Consent to Joint Legal Representation by the Monroe County Attorney's Office
Re: Krzysztof Duszka v. Monroe County, Florida, 26-CA-749-K
I hereby consent to the Monroe County Attorney's Office representing me,individually, along
with Monroe County, as a defendant in the above-referenced lawsuit. The Monroe County Attorney's
Office has fully explained the implications, risks, and advantages of joint representation and has
allowed me the opportunity to obtain my own counsel.
......................__._...............�.
Print Name Signature
Date:
Consent to Joint Legal Representation—Reynaldo Ortiz
2
sd BOARD OF COUNTY COMMISSIONERS
County of Monroel1 Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem,David Rice,District 4
Craig Cates,District 1
/ James K.Scholl,District 3
Robert B.Shillinger,Jr.,County Attorney** ,., Holly Merrill Raschein,District 5
Pedro J.Mercado,Chief Assistant County Attorney**
Christine Limbert-Barrows,Sr.Assistant County Attorney**
Derek V.Howard,Sr.Assistant County Attorney** Office of the County Attorney
Peter H.Morris,Assistant County Attorney** 1111 12'Street,Suite 408
Patricia Fables,Assistant County Attorney Key West,FL 33040
Joseph X.DiNovo,Assistant County Attorney** (305)292-3470 Office
Kelly Dugan,Assistant County Attorney (305)292-3516 Fax
Eve M.Lewis,Assistant County Attorney**
Jeni-Lee MacLaughhn,Assistant County Attorney
Ana Walter,Assistant County Attorney
Jessica Quiggle,Assistant County Attorney++
**Board Certified in City,County&Local Govt.Law
++Board Certified in State&Federal Govt.&Administrative Practice
July 13, 2026
Scott Acker
Building Inspector/Plans Examiner
Monroe County Building Dept.
2798 Overseas Highway, Suite 300
Marathon, FL 33050
Re: KrzysztofDuszka v. Monroe County, Florida, 26-CA-749-K
Dear Mr. Acker,
You have been named individually as a defendant, along with Monroe County, in the above-mentioned
lawsuit. If authorized by you, the Monroe County Attorney's Office will defend you in this matter.
However, you have the right to retain your own counsel to represent you, and if you want counsel
separate from the County Attorney's Office, you are encouraged to obtain that counsel.
At this time, I have not identified any conflict of interest that would preclude joint representation of
you and the County by the County Attorney's Office. If you believe such joint representation might
result in a conflict of interest,please let me know immediately. Certainly,moving forward, if I identify
a potential conflict, I will inform you and advise you how to proceed to ensure that your interests are
fully protected.
If you authorize the Monroe County Attorney's Office to provide legal counsel to represent you in this
matter, please sign below and send a copy of this document to Jessica Quiggle, Esq., Monroe County
Attorney's Office, 1111 12th Street, Suite 408, Key West, Florida 33040, or via e-mail at ui le-
Jessica&monroecounty fl.gov.
Sincerely,
Jessica Quiggle, Esq.
Consent to Joint Legal Representation by the Monroe County Attorney's Office
Re: KrzysztofDuszka v. Monroe County, Florida, 26-CA-749-K
I hereby consent to the Monroe County Attorney's Office representing me, individually, along
with Monroe County, as a defendant in the above-referenced lawsuit. The Monroe County Attorney's
Office has fully explained the implications, risks, and advantages of joint representation and has
allowed me the opportunity to obtain my own counsel.
Scott C. Acker 15�&_4c4121
Print Name Signature
Date: 7/14/26
Consent to Joint Legal Representation— Scott Acker
2