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02-07-2017 Special Meeting - Client/Attorney SessionCITY COMMISSION CITY OF DELRAY BEACH, FLORIDA 5:00 PM DELRAY BEACH CITY HALL Mayor Cary Glickstein Vice Mayor Jordana Jarjura Deputy Vice Mayor Mitchell Katz Commissioner Shelly Petrolia Special Meeeting Closed Attorney/Client Session at 5:00 PM SP.1 CLOSED ATTORNEY/CLIENT SESSION Sponsors: City Clerk Department Attachments: Backup 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. City of Delray Beach Page 1 Printed on 218/2017 File #: 17-168, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Max Lohman, City Attorney DATE: February 7, 2017 CLOSED ATTORNEY/CLIENT SESSION 100 N.W. 1 st Avenue Delray Beach, FL 33444 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: CLOSED ATTORNEY/CLIENT SESSION_ pursuant to F.S. 286.011(8) re: Edwards CDS, LLC v. City of Delray Beach, Florida, Case No. 502015CA007155XXXXMB. Attendees: Mayor Cary Glickstein Vice Mayor Jordana Jarjura Deputy Vice -Mayor Mitchell Katz Commissioner Shelly Petrolia Interim City Manager Neal de Jesus City Attorney R. Max Lohman Matthew Mandel, Special Counsel Jamie Cole, Special Counsel Kathryn Mehaffey, Special Counsel A certified court reporter Purpose: Discuss settlement negotiations and strategy related to the above case. City of Delray Beach Page 1 of 1 Printed on 2/1/2017 powered by LegistarTM 11TY OF DELRRY BEREH DELRAY BEACH All-AmericaCity ,I P►® 1993 2001 200 NW 1st AVENUE - DELRAY BEACH, FLORIDA 33444 TELEPHONE: 561/243-7090 • FACSIMILE: 561/278-4755 MEMORANDUM TO: Mayor and City Commission FROM: R. Max Lohman, City Attorney DATE: January 31, 2017 SUBJECT: AGENDA ITEM -SPECIAL MEETING OF FEBRUARY 7, 2017 CLOSED ATTORNEY/CLIENT SESSION The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes §286.011(8) for the February 7, 2017 City Commission Special Meeting to discuss settlement strategy related to litigation. 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 Edwards CDS, LLC v. City of Delray Beach, Florida, Case No. 502015CA007155XXXXMB AE. The estimated length of the closed session shall be approximately 45 minutes. The following persons will be attending: Mayor Cary Glickstein, Vice Mayor Jordana Jarjura, Deputy Vice -Mayor Mitchell Katz, Commissioner Shelly Petrolia, Interim City Manager Neal de Jesus, City Attorney R. Max Lohman, Matthew H. Mandel, Special Counsel, Jamie Alan Cole, Special Counsel, Kathryn Mehaffey, Special Counsel, 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 Neal de Jesus, 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 February 7, 2017 at 5:00 p.m. and that the agenda item include the name of the case, the names set forth above of those persons attending the session, and identify each 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. RML:ci Attachment cc: Neal de Jesus, Interim City Manager Chevelle Nubin, MMC, City Clerk Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2016 Go The 2016 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. (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 http://www.1 eg.state.fl.us/statutes/i ndex.cfm?App_mode=D ispl ay_Statute&Search_Stri ng=&U R L=0200-0299/0286/Sections/0286.01l .htm 1 1/2 1/31/2017 Statutes & Constitution :View Statutes : Online Sunshine 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 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. 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. Copyright © 1995-2017 The Florida Legislature • Privacy Statement • Contact Us http://www.Ieg.state.fl.us/statutes/index.cfm?App_mode=Display Statute&Search_String=&URL=0200-0299/0286/Sections/0286.011.htm1 2/2