HomeMy WebLinkAboutMemorandum from City Attorney Agenda Item V (G)
12-16-2003
FOLEY : LARDN ER
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE,SUITE 1800
ORLANDO,FLORIDA 32801-2386
P.O.BOX 2193
ORLANDO,FLORIDA 32802-2193
TELEPHONE:407.423.7656
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MEMORANDUM
CLIENT-MATTER NUMBER
020377-0594
TO: The Honorable Mayor and City Commissioners of
the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
CC: Jim Gleason, City Manager
David Wheeler, Director of Public Works
John Horan, Esq., Assistant City Attorney
DATE: December 15, 2003
RE: Request for Closed Session: Ryan Incorporated Eastern v. City of Ocoee
(Case No. 03-CA-644)
The provisions of Section 286.011(8), Florida Statutes, authorize the City
Commission to meet in private (outside of the Sunshine) with the City Attorney to discuss
pending litigation. A private session must begin and end with an open public meeting. The City
Attorney must make a public request for a private meeting. The subject of the meeting is
confined to settlement negotiations or strategy sessions related to litigation expenses. A court
reporter is required to be present and a full transcript of the private meeting is made with the
transcript being released at the conclusion of the litigation. No off the record discussions are
permitted. If formal action is required,that action must be taken at the public meeting.
The City is currently involved in the above referenced litigation regarding the
Maguire Road Improvement Project. At the meeting of December 16, 2003, I will advise the
Commission that I need advice concerning this litigation and request that a closed private session
be held to discuss settlement negotiations and strategy related to litigation expenses. Those
persons present would be City Attorney Paul Rosenthal, Assistant City Attorney John Horan,
City Manager Jim Gleason,the members of the Commission and a court reporter. No other
persons may attend.
FOLEY&LARDNER
006.319291.1
FOLEY : LARDNER
ATTORNEYS AT LAW
It is requested that the City Commission schedule a special meeting for Monday,
December 22, 2003 at 6:00 pm at the City Commission Chambers and that a private closed
session of the City Commission be held to discuss settlement negotiations and strategy related to
litigation expenses in connection with the litigation brought against the City by Ryan
Incorporated Eastern. It is estimated that the meeting will take between 30 and 45 minutes.
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006.319291.1