12-15-14 Special Meeting Agenda CITY COMMISSION DERAIL(EACH
CITY OF DELRAY BEACH, FLORIDA had
SPECIAL MEETING-MONDAY,DECEMBER 15, 2014
1:00 P.M.DELRAY BEACH CITY HALL
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SPECIAL MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach,the Mayor has instructed me to announce a Special
Meeting of the City Commission to be held for the following purposes:
1. MOTION TO RETAIN AS SPECIAL BANKRUPTCY COUNSEL, ROBERT FURR
WITH THE LAW FIRM OF FURR& COHEN, BOCA RATON, FL.
2. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Iberiabank
vs. Auburn Trace, LTD., et al., Case No. 2014CA012272 AO.
Attendees: Mayor Cary D. Glickstein
Vice Mayor Shelly Petrolia
Deputy Vice-Mayor Jordana Jarjura
Commissioner Adam Frankel
Commissioner Alson Jacquet
Chief Financial Officer Jack Warner
City Attorney Noel Pfeffer
Assistant City Attorney Michael Dutko
Robert Furr, Special Counsel
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to the above case.
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is based.The City neither provides nor prepares such record.
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MEMORANDUM
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TO: Mayor and City Commissioners
FROM: Noel Pfeffer, City Attorney
THROUGH: Terry Stewart, Interim City Manager
DATE: December 12, 2014
SUBJECT: AGENDA ITEM SP.2.- SPECIAL MEETING OF DECEMBER 15,2014
CLOSED ATTORNEY/CLIENT SESSION
BACKGROUND
The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida
Statutes §286.011(8) for the December 15, 2014 City Commission Special Meeting to
discuss settlement negotiations and strategy related to the above case.
Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the
commencement of the closed attorney-client session, the Mayor should read the following:
"The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) in the
case of Iberiabank vs. Auburn Trace, LTD., et al., Case No. 2014CA012272 AO. The estimated length
of the closed session shall be 1.5 hours. The following persons will be attending: Mayor Cary
Glickstein, Vice Mayor Shelly Petrolia, Deputy Vice Mayor Jordana Jarjura, Commissioner Adam
Frankel, Commissioner Al Jacquet, Chief Financial Officer Jack Warner, City Attorney Noel Pfeffer,
Assistant City Attorney Michael Dutko, Special Counsel Robert Furr and a certified court reporter."
After the closed session is over, the Mayor should announce that the Special Meeting is reopened, and
the closed session is terminated.
By copy of this memorandum to Terry Stewart, Interim City Manager, our office requests that the
agenda be prepared giving reasonable public notice of the time and date of the closed attorney-client
session for December 15, 2014 and that the agenda item include the name of the case, the names set
forth above of those persons attending the session, and identify the item as a closed door session
pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as
required by statute. Attached is a copy of Fla. Stat. §286.011.
LEGAL DEPARTMENT REVIEW
Approved as to form and legal sufficiency.
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2
Select Year: 2014 LU10,0.1d
The 2014 Florida Statutes
Title XIX Chapter 286 View Entire Chapter
PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS
286.011 Public meetings and records; public inspection; criminal and civil penalties.—
(1) All meetings of any board or commission of any state agency or authority or of any agency or
authority of any county, municipal corporation, or political subdivision, except as otherwise provided in
the Constitution, including meetings with or attended by any person elected to such board or
commission, but who has not yet taken office, at which official acts are to be taken are declared to be
public meetings open to the public at all times, and no resolution, rule, or formal action shall be
considered binding except as taken or made at such meeting. The board or commission must provide
reasonable notice of all such meetings.
(2) The minutes of a meeting of any such board or commission of any such state agency or authority
shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of
this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon
application by any citizen of this state.
(3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal
infraction, punishable by fine not exceeding $500.
(b) Any person who is a member of a board or commission or of any state agency or authority of any
county, municipal corporation, or political subdivision who knowingly violates the provisions of this
section by attending a meeting not held in accordance with the provisions hereof is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Conduct which occurs outside the state which would constitute a knowing violation of this
section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Whenever an action has been filed against any board or commission of any state agency or
authority or any agency or authority of any county, municipal corporation, or political subdivision to
enforce the provisions of this section or to invalidate the actions of any such board, commission, agency,
or authority, which action was taken in violation of this section, and the court determines that the
defendant or defendants to such action acted in violation of this section, the court shall assess a
reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the
individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so
assessed may be assessed against the individual member or members of such board or commission;
provided, that in any case where the board or commission seeks the advice of its attorney and such
advice is followed, no such fees shall be assessed against the individual member or members of the
board or commission. However, this subsection shall not apply to a state attorney or his or her duly
authorized assistants or any officer charged with enforcing the provisions of this section.
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(5) Whenever any board or commission of any state agency or authority or any agency or authority of
any county, municipal corporation, or political subdivision appeals any court order which has found said
board, commission, agency, or authority to have violated this section, and such order is affirmed, the
court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or
authority. Any fees so assessed may be assessed against the individual member or members of such
board or commission; provided, that in any case where the board or commission seeks the advice of its
attorney and such advice is followed, no such fees shall be assessed against the individual member or
members of the board or commission.
(6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or
location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or
which operates in such a manner as to unreasonably restrict public access to such a facility.
(7) Whenever any member of any board or commission of any state agency or authority or any
agency or authority of any county, municipal corporation, or political subdivision is charged with a
violation of this section and is subsequently acquitted, the board or commission is authorized to
reimburse said member for any portion of his or her reasonable attorney's fees.
(8) Notwithstanding the provisions of subsection (1), 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 shalt 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.
History.—s. 1, ch. 67-356; s. 159, ch. 71.136; s. 1, ch. 78.365; s. 6,ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93-232; s. 210,
ch. 95-148; s. 1, ch. 95-353; s. 2, ch. 2012-25.
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