Agenda 09/15/2009 Item #16K 5
Agenda Item No. 16K5
September 15, 2009
Page 1 of 3
".-.-,
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners waive the conflict with the
continuing retention of Andrew Reiss, Esq., as counsel for Collier County employees Stan
Chrzanowski and Rudy Moss in the case styled Burgeson v. Collier County, et aL, Case No.
2:09-CV-220-FTM-99-DNF, now pending in the United States District Court for the
Middle District of Florida, Fort Myers Division.
OBJECTIVE: Recommendation that the Board of County Commissioners waive the conflict in
the continuing retention of Andrew Reiss, Esq., as counsel for Collier County employees Stan
Chrzanowski and Rudy Moss in the case styled Burgeson v. Collier County, et al., Case No.
2:09-CY-220-FTM-99-DNF, now pending in the United States District Court for the Middle
District of Florida, Fort Myers Division.
CONSIDERATIONS: The County, Commissioner Henning and employees Stan Chrzanowski
and Rudy Moss have been sued by former employee Barbara Burgeson in the case styled
Burgeson v. Collier County, et al., Case No. 2:09-CY-220-FTM-99-DNF, now pending in the
United States District Court for the Middle District of Florida, Fort Myers Division. The Board
approved the retention of outside counsel to represent County employees Stan Chrzanowski and
Rudy Moss, and attorney Andrew Reiss, Esq., ofCheffy Passidomo was retained.
- Mr. Reiss represents defendant Wanda Collins in the foreclosure lawsuit against the Blockers
entitled Collier County v. Blockers, et al., Case No. 09-1281-CA, now pending in the Twentieth
Judicial Circuit in and for Collier County, Florida. Ms. Collins had sold the property to the
Blockers. At the time of the retention, Ms. Collins' role in that suit was thought to be of little or
no consequence. It is becoming apparent, however, that Ms. Co !lins may become more
prominent in that suit.
Whether or not this becomes a conflict, the Blocker suit has no relation whatsoever to Mr. Reiss'
representation of employees Stan Chrzanowski and Rudy Moss. Accordingly, the Office of the
County Attorney does not believe there is any potential prejudice to the County resulting from
any conflict arising out of the Blocker case.
This Office is making a concerted effort to exclusively hire talented outside counsel who
practice in Collier County, with the exception of certain technical expertise that is locally
unavailable. Benefits to this policy include the fact that local attorneys are familiar with local
courts, and that the money spent will remain in the community. The downside to utilizing local
counsel is that doing so will often lead to potential conflict issues. The Office of the County
Attorney believes although there is an appearance of conflict with Mr. Reiss' representation in
both of these cases, that the Board waive this conflict, as there is no prejudice to the County.
FISCAL IMPACT: None.
-
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary.
-
,-
,,-
Agenda Item No. 16K5
September 15, 2009
Page 2 of 3
LEGAL CONSIDERATIONS: This is a regular matter requiring simple majority vote. -JAK
RECOMMENDA TION: That the Board of County Commissioners waive the conflict in the
continuing retention of Andrew Reiss, Esq., as counsel for Collier County employees Stan
Chrzanowski and Rudy Moss in the case styled Burgeson v, Collier County, et al., Case No.
2:09-CV-220-FTM-99-DNF, now pending in the United States District Court for the Middle
District of Florida, Fort Myers Division.
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney, and
Jacqueline Hubbard, Litigation Section Chief
r <11:;1;; 1 VI 1
Agenda Item No. 16K5
September 15, 2009
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K5
Recommendation that the Board of County Commissioners waive the conflict with the
continuing retention of Andrew Reiss, Esq., as counsel for Collier County employees Stan
Chrzanowski and Rudy Moss in the case styled Burgeson v, Collier County, et aI., Case No,
2:09-CV-220-FTM-99-DNF, now pending in the United States District Court for the Middle
District of Florida, Fort Myers Division,
Meeting Date:
9/15/2009 9:0000 AM
Prepared By
Jacqueline W. Hubbard Assistant County Attorney Date
County Attorney County Attorney Office 8/21/20098:58:57 AM
Prepared By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 8/21/20098:58:57 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 8/25/2009 4:20 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 8/31/200910:22 AM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 8/31/2009 11 :44 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office
Commissioners 8/31/20092:28 PM