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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