Agenda 09/14/2021 Item #16K22 (Select & Retain outside counsel)09/14/2021
EXECUTIVE SUMMARY
Recommendation pursuant to Collier County Resolution No. 95-632, that the Board of County
Commissioners authorize the County Attorney to help select and retain outside counsel to represent
Code Enforcement Director, Michael Ossorio, Cristina Perez, and John Fuentes, who are all being
sued in their individual capacities in the case styled Foggs Investments, LLC and Stanley R. Fogg, Jr.
v. Michael Ossorio, Cristina Perez, and John Fuentes, Case No. 20-CA-2390, Twentieth Judicial
Circuit, Collier County and to exempt the selection of outside counsel from the competitive process
as permitted under section eight, subsection seven of the Collier County Purchasing Ordinance No.
2017-08 as amended.
OBJECTIVE: To get direction from the Board in responding to a Complaint filed by Foggs Investments
and Stanley R. Fogg, Jr. against Michael Ossorio, Cristina Perez, and John Fuentes, individually.
CONSIDERATIONS: On August 30, 2021, Judge Hugh Hayes granted the Defendant, Collier County’s,
Motion to Dismiss the First Amended Complaint. In the First Amended Complaint, the Plaintiff, Foggs
Investments, had filed a two-count lawsuit alleging due process violations regarding the placement of a
stop work order on the Plaintiff’s property and due process viol ations regarding the suspension of the
fourth hearing regarding the Code Enforcement Notice of Violation. The Board of County Commissioners
has been dismissed from the lawsuit without prejudice.
On August 30, 2021, Judge Hugh Hayes granted the Plaintiff’s Motion for Leave to Amend the
Complaint to allow the Plaintiff to proceed with its Second Amended Complaint (third Complaint in
total). The Second Amended Complaint named Michael Ossorio, Director of Code Enforcement, Cristina
Perez, Code Enforcement Supervisor, and John Fuentes, Code Enforcement Investigator in their
individual capacities. Briefly stated, the 20-page pleading alleges two counts regarding the Plaintiffs’
claims for violation of due process, claiming that (1) these employees improperly issued a stop work
order, and (2) Mr. Ossorio should not have suspended the fourth Special Magistrate Hearing following the
sale of the property. These were the same set of facts that were the basis of the First Amended Complaint
filed against Collier County, which was dismissed.
In accordance with Resolution No. 95-632 and current Florida law, County persons sued in civil actions
and civil rights lawsuits may be provided representation if the litigation involving the person(s) to be
represented: (1) arose out of or in connection with the performance of official duties and (2) while the
County person was serving a valid public purpose. The Resolution provides the Board with the discretion
to determine whether to directly represent the individual through the County Attorney’s Office or to select
counsel to represent the County person in the civil action. The County Attorney recommends that the
Board keep with prior actions of the Board in similar matters and authorize County funds to retain private
legal counsel for Michael Ossorio, Cristina Perez, and John Fuentes.
Given that the suit has already been filed, it is imperative that the responsive pleading be prepared as soon
as possible. Accordingly, based on these circumstances and in the best interest of the County, it is further
recommended that the Board exempt the selection of outside counsel from the competitive process as
permitted under section eight, subsection seven of Collier County Purchasing Ordinance No. 2017-08, as
amended, to the extent it applies to the procurement of legal services under Resolution No. 95-632 and
authorizes the County Attorney to work with Michael Ossorio, Cristina Perez, and John Fuentes to select
and retain personal counsel for them.
FISCAL IMPACT: Funds are budgeted under Fund 516, Property and Casualty Insurance, for the cost
of defense related to this item. It is the County Attorney’s opinion that the Second Amended Complaint
should be dismissed; however, should this not occur, outside counsel fees could be considerable.
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GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to
help select and retain outside counsel to represent Michael Ossorio, Cristina Perez, and John Fuentes, who
are all being sued in their individual capacities in the case styled Foggs Investments, LLC and Stanley R.
Fogg, Jr. v. Michael Ossorio, Cristina Perez, and John Fuentes, Case No. 20-CA-2390, and in addition
that the Board exempt the selection of outside counsel from the competitive process as permitted under
section eight, subsection seven of the Collier County Purchasing Ordinance No. 2017-08 as amended, to
the extent it applies to the selection of outside counsel.
Prepared By: Colleen Kerins, Assistant County Attorney and Jeffrey A. Klatzkow, County
Attorney
ATTACHMENT(S)
1. Resolution 95-632 (PDF)
2. Plaintiff's Second Amended Complaint (PDF)
3. Exhibits(4) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.22
Doc ID: 20025
Item Summary: Recommendation pursuant to Collier County Resolution No. 95-632, that the
Board of County Commissioners authorize the County Attorney to help select and retain outside counsel
to represent Code Enforcement Director, Michael Ossorio, Cristina Perez, and John Fuentes, who are all
being sued in their individual capacities in the case styled Foggs Investments, LLC and Stanley R. Fogg,
Jr. v. Michael Ossorio, Cristina Perez, and John Fuentes, Case No. 20-CA-2390, Twentieth Judicial
Circuit, Collier County and to exempt the selection of outside counsel from the competitive process as
permitted under section eight, subsection seven of the Collier County Purchasing Ordinance No. 2017 -08
as amended.
Meeting Date: 09/14/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
09/08/2021 10:41 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/08/2021 10:41 AM
Approved By:
Review:
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 09/08/2021 11:26 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/08/2021 11:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/08/2021 4:22 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/08/2021 4:33 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/08/2021 5:08 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
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Packet Pg. 3242 Attachment: Resolution 95-632 (20025 : That the Board authorize the County Attorney to retain outside counsel to represent Code
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Filing # 132961968 E-Filed 08/18/2021 04:46:07 PM 16.K.22.c
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