HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-167Temp. Reso. #11743
Page 1 of 4
November 25, 2009
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, SUPPORTING SENATE BILL 138 AND HOUSE
BILL 405; SUPPORTING, AMONG OTHER THINGS, AN AMENDMENT
TO SECTION 286.011, F.S., TO EXPAND THE PERSONS AND
POSITIONS PERMITTED TO ATTEND A PRIVATE MEETING BETWEEN
A GOVERNMENTAL ENTITY AND THE ENTITY'S ATTORNEYS TO
DISCUSS PENDING LITIGATION TO WHICH THE GOVERNMENTAL
ENTITY IS A PARTY; URGING MUNICIPALITIES IN BROWARD
COUNTY TO JOIN IN THIS SUPPORT; DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR,
THE BROWARD LEGISLATIVE DELEGATION AND OTHER MEMBERS
OF THE FLORIDA LEGISLATURE, AS WELL AS ALL MUNICIPALITIES
LOCATED WITHIN BROWARD COUNTY AND THE BOARD OF COUNTY
COMMISSIONERS FOR BROWARD COUNTY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Florida law governing private meetings between a
governmental entity and its attorneys currently provides that only a chief
administrative of executive officer of the governmental entity may attend a private
attomey-client meeting with any board, commission, agency or authority; and
WHEREAS, the current law is overly restrictive and the Florida Statutes
should be amended to expand the number of persons authorized to attend
attomey-client sessions to include the Risk Manager of the governmental entity
and the department or division head(s) of the governmental entity that is involved
Temp. Reso. #11743
Page 2 of 4
November 25, 2009
in the pending litigation, as identified by the chief administrative or executive
officer; and
WHEREAS, the Florida Statutes should further be amended to clarify the
timing of the announcement of the need for an attorney -client session; and
WHEREAS, the Florida Statutes should be amended to prohibit a person
who is in an adverse party in litigation against any board, commission, agency or
authority from attending an attomey-client session involving such litigation; and
WHEREAS, the Florida Statutes should further be amended to prohibit a
person attending an attorney -client session from disclosing any or all of the
discussion that took place during the session until the conclusion of the litigation,
unless ordered to do so by a court of competent jurisdiction; and
WHEREAS, on October 5, 2009, State Senator Nan Rich filed Senate Bill
138, addressing many of the City's concerns about private attomey-client
sessions, as detailed herein; and
WHEREAS, on November 24, 2009, State Representative Martin Kiar filed
House Bill 405, which similarly addresses many of the City's concerns; and
WHEREAS, the City Commission deems it to be in the best interests of
the citizens and residents of the City to support Senate Bill 138 and House Bill
405, and further urges the Florida Legislature to adopt the same.
1
Temp. Reso. #11743
Page 3of4
November 25, 2009
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
Section 2. The City Commission of the City of Tamarac, Florida hereby
supports Senate Bill 138 and House Bill 405 and urges all municipalities in
Broward County to join in this support.
Section 3. The City Clerk is hereby directed to provide a true copy of
this Resolution to the Governor of the State of Florida, the Broward County
Legislative Delegation and other members of the Florida Legislature, and all
municipalities in Broward County, and the Board of County Commissioners for
Broward County.
Section 4. All resolutions or parts of resolutions on in conflict herewith
be, and the same are hereby repealed to the extent of such conflict.
Section 5. If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
C
Temp. Reso. #11743
Page 4 of 4
November 25, 2009
Section 6. This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY�
OF TAMARAC, FLORIDA THIS ,,),�DAY OF
2009.
ATTEST:
-,MARION SW NSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that I
Have approved this
RESOLUTION as to form.
`--�CI ATTORNEY
CITY OF TAMARAC, FLORIDA
BETH TALABI CO, MANYOR
B. TALABISCO
P. BUSHNELL
D. GLASSER
P. ATKINS-GRAD
H. DRESSLER
1
1