Agenda 11/14/2023 Item #16K 2 (The Retention of outside counsel to represent Commissioner McDaniel who is being sued by Naples Golf Development, LLC)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
November 14, 2023
Move Item 17E to 9A: This item requires ex-parte disclosure be provided by the Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an ordinance
rezoning property from a Rural Agricultural (A) Zoning District with an Airport Zoning Overlay to a Residential
Planned Unit Development (RPUD) Zoning District with an Airport Zoning Overlay for a project known as Rock
Creek Estates RPUD to allow development of up to 15 unit single-family dwelling units, a private recreational
amenity, and a boat ramp with up to 12 private boat slips on property located west of Airport-Pulling Road, on the
south side of North Road, across the street from Terminal Drive to the Naples Airport, in Section 2, Township 50
South, Range 25 East; consisting of 11.36+/- acres. [PL20220001779] (Commissioner Hall’s request) (26488)
Move Item 17A to 9B: Recommendation to approve an Ordinance amending the Collier County Land
Development Code, to establish Rules of Decorum related to Neighborhood Information Meetings.
[PL20220008172] (This is a companion to Item 11D formerly 16.A.1) (Commissioner LoCastro’s request) (26488)
Move Item 16A1 to 11D: Recommendation to approve a resolution amending Ordinance No. 2004-66, as
amended, which created an Administrative Code to establish the Rules of Decorum for Neighborhood Information
Meetings and provide an effective date. (This is a companion to Item 9B formerly 17.A) (Commissioner LoCastro’s
request) (26488)
Move Item 16K2 to 12A: 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 at County expense
to represent Commissioner McDaniel, who is being sued by Naples Golf Development, LLC in a public records
dispute, and in addition to exempt the selection of outside counsel from the competitive process as permitted under
section four, subsection seven of Collier County Purchasing Ordinance No. 2020-28, as amended. (Commissioner
Saunders’ request) (26988)
Add-on Item 15B2: Staff update on the Legend Concert series at the Paradise Coast Sports Complex.
(Commissioner Saunders’ request)
Notes: .
TIME CERTAIN ITEMS:
Item 13A to be heard at 10AM: US Department of Justice and Treasury combined Equitable Sharing Agreement
and Certification County endorsement.
Item 11A to be heard at 11AM: Water, Wastewater, Irrigation Quality Water, and Wholesale Potable Water User
Rate and Fee Study.
11/29/2023 9:45 AM
11/14/2023
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 at County expense to
represent Commissioner McDaniel, who is being sued by Naples Golf Development, LLC in a public records
dispute, and in addition to exempt the selection of outside counsel from the competitive process as permitted
under section four, subsection seven of Collier County Purchasing Ordinance No. 2020-28, as amended.
___________________________________________________________________________________
OBJECTIVE: To get authorization from the Board in responding to a complaint filed by Naples Golf
Development, LLC (“Naples Golf”) against Commissioner McDaniel as required by Resolution No. 95-632.
CONSIDERATIONS: Collier County Resolution No. 95-632 sets forth the Board’s policy with regard to
providing a defense and paying legal expenses of County Commissioners, County staff and advisory board
members (“County persons”) who are sued individually in lawsuits. A copy of both the Complaint and Resolution
No. 95-632 are attached. Commissioner McDaniel has been sued in the case styled Naples Golf Development.
LLC v. William McDaniel, Jr. Briefly stated, the Complaint seeks a Court Order requiring Commissioner
McDaniel to produce all documents and communications responsive to a September 8 Public Records Request as
well as granting attorney’s fees and costs.
For background, Naples Golf Development filed a Bert Harris Act on April 17, 2023. Naples Golf Development
alleges that the County has prohibited it from developing its property as a residential subdivision based on the
County’s Golf Course Conversion Ordinance, Section 5.05.15 of the Land Development Code. The Claimants
allege that the Golf Course Conversion inordinately burdens an existing use of their property or a vested right to a
specific use of their property and further alleges a taking of private property without payments of just and ful l
compensation in violation of the Florida Constitution. This case is on-going.
By letter to Commissioner McDaniel dated September 8, 2023, the attorney for Naples Golf Development, LLC
requested “All public records, including emails and text messages, contained, residing on, or located within your
private email accounts or located on private devices…from the time you were elected as a County Commissioner to
the present.” On September 14, I notified the requester that the Commissioner was out of State de aling with a
family crisis and would respond on his return.
A second demand letter and notice of intent to sue was sent on September 27th to Commissioner McDaniel. The
County’s Public Records Request department responded on September 28th, asking whether the requester was
looking for documents in the County’s possession and control. The requester responded that he did not want public
records on any public email account.
The complaint was served during the October 24th Board meeting. On October 26th, I emailed the requester stating
that “Commissioner McDaniel has advised me that any and all public records that may exist on his personal email
or personal device have all been copied or forwarded to the County’s network under his County email address. The
County’s designated Public Record Request Coordinator is prepared to provide the requested public records
pending review for statutory exemptions and applicable costs.” I also asked for an extension of time for the
Commissioner to respond to the Complaint, which requests are generally freely given. As of the posting of this
Executive Summary, no response has been received. Given that the deadline to respond to the Complaint is
November 14, the same day as the November Board meeting, the County Attorney filed a Motion for Enlargement
of Time to Respond to Complaint at Commissioner McDaniel’s request on November 6, 2023 which is attached.
I have been advised by our Public Records Department that there are approximately 350,000 potentially responsive
emails using the County email/public server, with each one requiring review for statutory exemptions. 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
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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 Commissioner McDaniel.
Given that the suit has already been filed and served, it is imperative that investigation of the Complaint be
commenced 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 four, subsection seven of Collier County Purchasing Ordinance No. 2020-28, 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 CommissionerMcDaniel to select and retain personal counsel for him.
FISCAL IMPACT: Funds are budgeted under Fund 5016, Property and Casualty Insurance, for the cost of
defense related to this item.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to help s elect
and retain outside counsel at County expense to represent Commissioner McDaniel, who is being sued by Naples
Golf Development, LLC in a public records dispute, and in addition to exempt the selection of outside counsel from
the competitive process as permitted under section four, subsection seven of Collier County Purchasing Ordinance
No. 2020-28, as amended.
Submitted by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Resolution 95-632 (PDF)
2. Summons and Complaint(1) (PDF)
3. Motion For Extension Of Time To Respond To Complaint (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 26988
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 at County expense to
represent Commissioner McDaniel, who is being sued by Naples Golf Development, LLC in a public records
dispute, and in addition to exempt the selection of outside counsel from the competitive process as permitted under
section four, subsection seven of Collier County Purchasing Ordinance No. 2020-28, as amended.
Meeting Date: 11/14/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
10/16/2023 12:08 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/16/2023 12:08 PM
Approved By:
Review:
County Attorney's Office Colleen Greene Additional Reviewer Completed 11/07/2023 8:27 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/07/2023 8:32 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/07/2023 8:46 AM
Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 11/07/2023 11:04 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/07/2023 1:19 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
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[23CA-2995/1826186/1]
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
NAPLES GOLF DEVELOPMENT, LLC,
a Michigan Limited Liability Company,
Plaintiff, Case No.: 23-CA-2995
v.
WILLIAM MCDANIEL, JR., a Florida Resident
Defendant.
______________________________________________/
DEFENDANT’S, WILLIAM MCDANIEL, JR.,
MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT
COMES NOW the Defendant, William McDaniel, Jr., by and through the undersigned
counsel, and files this Motion for Enlargement of Time to Respond to Complaint pursuant to Rule
1.090(b)(1)(A), Fla. R. Civ. P., and respectfully requests that this Court grant the Defendant an
enlargement of time of thirty days to file a response to the Complaint, and as grounds therefore
states as follows:
1. The County Attorney, Jeffrey A. Klatzkow, accepted service of the above captioned
Complaint on behalf of the Defendant, William McDaniel, Jr., a member of the Collier
County Board of County Commissioners, on October 24, 2023, at 6:30 pm, during a
regularly scheduled meeting of the Board of County Commissioners.
2. Commissioner McDaniel was sued individually in the above captioned case.
3. The deadline for Commissioner McDaniel to file a Response to the Complaint is Tuesday,
November 14, 2023.
4. Commissioner McDaniel is seeking an enlargement of time to respond to the Complaint
pursuant to Rule 1.090(b)(1)(A), which provides that the Court, in its discretion, may order
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the deadline to respond enlarged if request is made before the expiration of the period
originally prescribed.
5. The Complaint seeks a Court Order requiring Commissioner McDaniel to produce all
documents and communications responsive to a September 8 Public Records Request as
well as granting attorney’s fees and costs.
6. The County Attorney has advised the Plaintiff on multiple occasions that the records that
the Plaintiff is seeking are available through Collier County’s Public Records custodian.
Despite offering to produce the records through the Public Records custodian, the Plaintiff
is seeking the records directly from Commissioner McDaniel personally. Due to the size
of the records request, the potential number of responsive documents is approximately
350,000 documents. It is not known what percentage of that amount may need to be
produced by Commissioner McDaniel.
7. Collier County Resolution No. 95-632 sets forth the Board’s policy with regard to
providing a defense and paying legal expenses of County Commissioners, County staff and
advisory board members (“County persons”) who are sued individually in lawsuits.
Pursuant to Resolution No. 95-632, as a member of the Board of County Commissioners,
Commissioner McDaniel is authorized to have legal representation provided at the
County’s expense provided that the litigation arises out of or in connection with the
performance of official duties and while the Commissioner was serving a valid public
purpose.
8. Resolution No. 92-632m further provides, “[i]f a County person chooses to obtain private
legal counsel without prior authorization from Collier County, all fees and/or costs incurred
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by such person shall be the sole responsibility of said person and Collier County shall
accept no responsibility for payment of legal fees or costs.”
9. The next regularly scheduled Board meeting for Commissioner McDaniel to seek
authorization to retain legal counsel is Tuesday, November 14th which coincides with the
deadline for Commissioner McDaniel to file a responsive pleading to this Complaint.
Commissioner McDaniel’s counsel, whoever that might be after said meeting, will need
time to assemble, review and bates-stamp the production.
10. Undersigned counsel has contacted counsel for Plaintiff to request that Plaintiff agree to
the enlargement of time, however as of the date of this filing, Plaintiff has not provided
consent to an enlargement of time for Defendant to file a response.
11. This Motion is filed in good faith and not solely for purposes of delay, rather that justice
be done. Plaintiff will not be prejudiced by the granting of this Motion.
WHEREFORE the Defendant, William McDaniel, Jr., respectfully requests this Court
grant this Motion for Enlargement of Time to Respond to Complaint for an additional thirty-
days from November 14, 2023.
Respectfully submitted,
By: __/s/ COLLEEN M. GREENE___
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 774-0225
COUNSEL FOR DEFENDANT
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
filed with the Florida Courts E-Filing Portal which will send a notice of electronic filing to all
parties, on this 6th day of November 2023.
BY: __/s/ COLLEEN M. GREENE
COLLEEN M. GREENE, ESQ
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