Agenda 09/09/2014 Item #16K1 9/9/2014 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve and provide informed,written consent waiving any conflict that the
Board of Board of County Commissioners may have with its ongoing employment of Burt
Saunders with the law firm Gray Robinson, P.A.,as one of the County's State Lobbyists,and as
to the retention of the law firm Nabors Giblin & Nickerson, P.A., as to their respective
representations of the Orange Tree Utility Company and Collier County relating to the
acquisition and litigation concerning the Orange Tree Utility Company.
OBJECTIVE: To obtain approval and authorization to provide a written waiver as to any conflict of
interest relating to: (1) Attorney Burt Saunders' representation of the Orange Tree Utility Company
("OTU"), while he is currently representing the Board under the County's Professional State Lobbyist
Services Contract, and (2) as to the Board's outside counsel's, Nabors Giblin & Nickerson, P.A.
("Nabors"), representation on the ongoing matter involving the acquisition of Orange Tree Utility
Company by the County and the related pending litigation between OTU and Collier County, where
the Nabors law firm employs an attorney that once provided Counsel to OTU but who will not be
working on this transaction.
CONSIDERATIONS: The County Attorney's Office is recommending that the Board approve a
written waiver of a conflict of interest allowing its outside counsel Nabors to continue to provide
representation to the Board involving the acquisition of assets from OTU to the County and the related
pending litigation. The County Attorney's Office additionally recommends that the Board approve a
written waiver of a conflict of interest allowing OTU's attorney, Burt Saunders, who is also currently
retained by the Board under contract to provide lobbying services for the County,to continue with his
representation of OTU. Additional facts follow to allow the Board to arrive at an informed consent in
support of the recommendation to approve those conflict of interest waivers.
The Board of County Commissioners has a retainer agreement with the Nabors law firm to provide
outside counsel services for various matters, which includes the specialized legal utility work
associated with the OTU acquisition and litigation. One of Nabors shareholders, John R. Jenkins,
previously represented OTU on a variety of utility matters (including issues related to the transition of
system assets to Collier County), when he was employed with his prior firm, Sundstrom, Friedman&
Fumero, P.A. Mr. Jenkins has not and will not engage in the representation of the instant matter in the
course of his work with Nabors, and OW has confirmed that it has no objection to Nabors
representing Collier County on this matter.
The Florida Bar Rules of Professional Conduct (Rule 4-1.9) prohibits a law firm or attorney to
knowingly represent a person in the same or substantially related matter in which that firm (or.a firm
with which the lawyer was associated), had previously represented a client whose interests are
materially adverse to that person, unless the affected client gives informed consent authorizing the
representation, confirmed in writing. Because Mr. Jenkins will provide no legal representation on this
matter, and OTU has no objection to Nabors representation, it is recommended that the Board
authorize its Chairman to sign the waiver consent appearing at the bottom of this Executive Summary.
With respect to Mr. Saunders (who is requesting this waiver), the Rules Regulating the Florida Bar
(Rule 4-1.7) also govern the conflict that arises as a result of Mr. Saunders' firm having a contractual
relationship with the County (through Contract No. 13-61295 Professional State Lobbyist Services)
and his current representation of OTU. Although an attorney is generally prohibited from representing
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one client when it will be directly adverse to another client, the representation is allowable if each
affected client gives its informed consent,confirmed in writing.
Mr. Saunders' representation through the Professional State Lobbyist Services contract does not place !''.
him in a position where he has or will gleam any information that could be directly adverse to the
County. Mr. Saunders reasonably believes he can provide competent and diligent representation to
each affected client; such representation is not prohibited by law and does not materially limit his
professional obligation to the County by also representing OTU in this matter.
Counsel for the County and OW believe that each can provide diligent legal services notwithstanding
the above referenced conflicts. The County Attorney's Office concurs and recommends that the Board
authorize its Chairman to execute the below written confirmation to waive this conflict of interest too.
FISCAL IMPACT: None.
•
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
RECOMMENDATION: That the Board provide its informed, written consent waiving any conflict
that it may have with its ongoing employment of Burt Saunders with the law firm Gray Robinson,
P.A., as one of the County's Professional State Lobbyists, and also as to the retention of the law firm
Nabors Giblin & Nickerson, P.A., as to their respective representations of the Orange Tree Utility
Company and Collier County relating to the acquisition and litigation concerning the Orange Tree
Utility Company;and authorize its Chairman to execute the below written consent.
Prepared by: Scott R.Teach,Deputy County Attorney
Consent to the terms outlined above is hereby granted.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk OF COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk TOM HENNING,Chairman
Approved as to form and legality:
Scott R.Teach,
Deputy County Attorney
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9/9/2014 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve and provide informed, written consent
waiving any conflict that the Board of Board of County Commissioners may have with its
ongoing employment of Burt Saunders with the law firm Gray Robinson, P.A., as one of the
County's State Lobbyists, and as to the retention of the law firm Nabors Giblin & Nickerson,
P.A., as to their respective representations of the Orange Tree Utility Company and Collier
County relating to the acquisition and litigation concerning the Orange Tree Utility Company.
Meeting Date: 9/9/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
8/25/2014 12:01:26 PM
Approved By
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 8/25/2014 2:11:47 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 8/25/2014 4:10:46 PM
Name:KlatzkowJeff
Title: County Attorney,
Date: 8/26/2014 3:32:39 PM
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 8/29/2014 1:59:47 PM
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