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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