Placement: New Business
Action Requested: Motion / Vote
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Request for an Attorney/Client Session with the City Council to Discuss Pending Litigation in the Matter of City of Port St. Lucie v. Waste Pro of Florida, Inc., Case No. 2021-CA-001628.
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Submitted By: Charles Snyderman
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): Request for an Attorney/Client Session with respect to pending litigation in the matter of City of Port St. Lucie v. Waste Pro of Florida, Inc., Case No. 2021-CA-001628.
Presentation Information: N/A.
Staff Recommendation: Move that the Council approve the request.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the request.
2. Move that the Council not approve the request and provide staff with direction.
Background: Pursuant to Section 286.011(8), Florida Statutes, any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity’s attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met:
(a)The entity’s attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation;
(b)The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures;
(c)The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter’s notes shall be fully transcribed and filed with the entity’s clerk within a reasonable time after the meeting;
(d)The entity shall give reasonable public notice of the time and date of the Attorney/Client Session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the Attorney/Client Session and the names of the persons attending. At the conclusion of the Attorney/Client Session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session;
(e)The transcript shall be made part of the public record upon conclusion of the litigation.
Issues/Analysis: In conformance with the provisions as outlined in Section 286.011(8), Florida Statutes, the City Attorney’s Office hereby requests an Attorney/Client Session with the City Council to discuss the pending litigation in the matter of City of Port St. Lucie v. Waste Pro of Florida, Inc., Case No. 2021-CA-001628.
This request for an Attorney/Client Session is made at a public hearing pursuant to the requirements of Section 286.011(8), Florida Statutes.
Financial Information: N/A.
Special Consideration: The Attorney/Client Session will be scheduled at a mutually convenient time for the Vice-Mayor and Councilmembers.
Location of Project: N/A.
Attachments: N/A.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: N/A.
Legal Sufficiency Review:
Reviewed by James D. Stokes, City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.