Special City Commission Meeting (Attorney-Client Session) - Immediately following conclusion of Regular Meeting

## MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF NOVEMBER 20, 2023

PRESENT: Mayor Liz Alpert, Vice Mayor Jen Ahearn-Koch, Commissioners Erik Arroyo, Kyle Scott Battie (arrived at 1:04 P.M.), and Debbie Trice, City Manager Marlon Brown, City Attorney Robert Fournier, and City Auditor and Clerk Shayla Griggs

ABSENT: None

1:01:52 P.M.

The meeting was called to order by Mayor Alpert at 1:02 P.M.

1:02:09 P.M.

INVOCATION: City Auditor and Clerk Griggs

1:02:27 P.M.

PLEDGE OF ALLEGIANCE: Vice Mayor Ahearn-Koch

1:02:43 P.M.

## 1\. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I)

No one signed up to speak.

1:02:49 P.M.

2. INTRODUCTION RE: SPECIAL CLOSED MEETING OF THE CITY COMMISSION FOR THE PURPOSE OF DISCUSSING SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO LITIGATION EXPENDITURES IN THE MATTER OF JOANNE SOUCY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN KAAFI, DECEASED, V. CITY OF SARASOTA, FLORIDA, ET AL (AGENDA ITEM II-1)

1:03:02 P.M.

City Attorney Fournier stated at the November 06, 2023, Regular Sarasota City Commission Meeting an out-of-the-sunshine, attorney-client session was necessary; that the Special Commission meeting will be partially out-of-the-sunshine in accordance with Section 286.011(8), Florida Statutes, to discuss settlement negotiations and strategy related to litigation expenditure in the matter of Joanne Soucy, as Personal Representative of the Estate of John Kaafi, deceased, v. City of Sarasota (Case No. 2017 CA 002267 NC), Circuit Court for Twelfth Judicial Circuit in and for Sarasota County, Civil Division; that the out-of-the-sunshine, attorney-client session will be transcribed and the transcript will remain sealed until the conclusion of the litigation; that the following people will be in attendance:

Liz Alpert, Mayor; Jen Ahearn-Koch, Vice Mayor; Erik Arroyo, Commissioner; Kyle Scott Battie, Commissioner; Debbie Trice, Commissioner; Marlon Brown, City Manager; Robert Fournier, City Attorney; Joseph Polzak, Assistant City Attorney, and a Certified Court Reporter

## 1:04:25 P.M.

City Attorney Fournier concluded and stated that the out-of-the-sunshine, attorney-client session is estimated to be approximately 60 minutes, although it could be more or less.

* * *

1:04:44 P.M.

## 3\. ATTORNEY-CLIENT SESSION (AGENDA ITEM III)

The Commission recessed at 1:04 P.M. into an out-of-the-sunshine, attorney-client session in Room 109, City Hall, and reconvened at 2:41 P.M.

2:41:41 P.M.

4. DISCUSSION RE: SPECIAL CLOSED MEETING OF THE CITY COMMISSION FOR THE PURPOSE OF DISCUSSING SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO LITIGATION EXPENDITURES IN THE MATTER OF JOANNE SOUCY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN KAAFI; DECEASED, V. CITY OF SARASOTA, FLORIDA, ET AI (AGENDA ITEM III-1)

Mayor Alpert closed the out-of-the-sunshine, attorney-client session and reconvened the November 20, 2023, Special Sarasota City Commission Meeting.

2:41:55 P.M.

City Attorney Fournier stated that the out-of-the-sunshine, attorney-client session is closed and the November 20, 2023, Special Sarasota City Commission Meeting reconvened at 2:42 P.M.; that a motion is sought to authorize the City Attorney’s Office to confirm some of the coverage questions which came up initially and to report back to the Commission.

2:42:27 P.M.

A motion was made by Commissioner Arroyo, seconded by Commissioner Battie to authorize the City Attorney’s Office to confirm some of the coverage questions which came up initially and to report back to the Commission, which carried by a 5-0 vote.

2:42:48 P.M.

## 6\. ADJOURN (AGENDA ITEM IV)

Mayor Alpert adjourned the Special Sarasota City Commission meeting at 2:42 P.M.

LIZ ALPERT, MAYOR

ATTEST:

SHAYLA GRIGGS CITY AUDITOR AND CLERK

Book 68 Page 40406 11/20/23 1:00 P.M.

SPECIAL (ATTORNEY CLIENT SESSION) CITY COMMISSION MEETING CITY HALL 1565 First Street Sarasota, Florida November 20, 2023 City Commission Chambers Immediately following conclusion of Regular Meeting I. CITIZENS INPUT CONCERNING CITY TOPICS (Limited to 30 minutes) Note to the Public: At this time, citizens may address the Commission on topics concerning the City. (3 minutes per person time limit) Citizens’ Input is to allow citizens the opportunity to present their view on matters concerning City topics but not on items scheduled elsewhere on the Agenda or items that were the subject of a previously held public hearing which has been closed and Commission deliberations continued to a future date. Questions and answers shall not be permitted; however, matters presented to the Commission may be referred by the Mayor, with consensus of the Commission, to the Administration for action and possible follow-up at a future Commission meeting. II. AGENDA ITEMS: II.1 Introduction Re: Special Closed Meeting of the City Commission for the purpose of discussing settlement negotiations and strategy related to litigation expenditures in the matter of Joanne Soucy, as personal representative of the Estate of John Kaafi, deceased, v. City of Sarasota, Florida, et al (CITIZEN COMMENTS ARE NOT PERMITTED ON THIS ITEM) II.1 Agenda Request Form.pdf 11.20.23 shade meeting back up materials.pdf III. ATTORNEY CLIENT SESSION: AGENDA CALL MEETING TO ORDER INVOCATION PLEDGE OF ALLEGIANCE City Commission to recess and convene into a closed Attorney Client Session 2

III.1 Discussion Re: Special Closed Meeting of the City Commission for the purpose of discussing settlement negotiations and strategy related to litigation expenditures in the matter of Joanne Soucy, as personal representative of the Estate of John Kaafi, deceased, v. City of Sarasota, Florida, et al (CITIZEN COMMENTS ARE NOT PERMITTED ON THIS ITEM) III.1 Agenda Request Form.pdf IV. ADJOURN Meeting Notice 11-20-23 Special Out of Sunshine Meeting Notice.pdf City Commission Rules of Procedure CC.RulesofProcedure.AdoptedSept20-2021.pdf Attorney Client Session to adjourn and reconvene into Special City Commission meeting MEETING NOTICE CITY COMMISSION RULES OF PROCEDURE 3

Shayla Griggs City Auditor and Clerk Notice to the Public The City of Sarasota is committed to providing qualified disabled individuals an opportunity to participate in meetings of the City Commission. The City of Sarasota prohibits discrimination in all services, programs, or activities on the basis of race, color, national origin, age, disability, sex or gender, marital or familial status, religion, sexual orientation, veteran status, or genetic information. Persons with disabilities who require assistance or alternative means for communication of program information such as Braille, large print, audiotape, etc., should contact: The City of Sarasota ADA Coordinator, Jake Brown, at (941) 263-6299 or by email at adacoordinator@sarasotafl.gov. In accordance with the Americans with Disabilities Act of 1990 and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in a meeting should contact the ADA Coordinator at (941) 263-6299 at least two business days prior to the date of the meeting as to the nature of the auxiliary aids and/or service necessary. Every effort will be made to provide such aid or service to the extent that they are reasonable, do not result in undue financial or administrative burden, and do not alter the fundamental nature of the meeting. Consideration will be given to the individual's preferred aid or service. However, alternatives may be provided if in the City's determination such alternatives provide an effective means of communication. For the benefit of individuals utilizing hearing aids with a T-coil, the City Commission Chambers and SRQ Media Studio are outfitted with a Hearing Induction Loop for enhanced hearing assistance. Proceedings will be electronically recorded. Should an individual feel that a verbatim transcription of the proceedings may later be needed, said individual has the burden and expense of arranging for same. Copies of the electronic recording may be purchased from the Office of the City Auditor and Clerk. 4

file:///C/Users/JJohnson/Desktop/23-11-20-CommissionSpecial.txt[11/21/2023 11:13:35 AM] SARASOTA CITY COMMISSION SPECIAL MEETING MONDAY, NOVEMBER 20, 2023, 1:00 P.M. DISCLAIMER: THIS FILE REPRESENTS AN UNEDITED VERSION OF REALTIME CAPTIONING WHICH SHOULD NEITHER BE RELIED UPON FOR COMPLETE ACCURACY NOR USED AS A VERBATIM TRANSCRIPT. ANY PERSON WHO NEEDS A VERBATIM TRANSCRIPT OF THE PROCEEDINGS MAY NEED TO HIRE A COURT REPORTER. 01:01:52 [ SOUNDING GAVEL ] 01:01:53 >>Mayor Alpert: I'M GOING TO CALL THIS SPECIAL CITY 01:01:56 COMMISSION MEETING TO ORDER FOR AN ATTORNEY-CLIENT SESSION. 01:02:03 I WILL CALL ON OUR CITY AUDITOR AND CLERK, MS. GRIGGS, FOR 01:02:07 AN INVOCATION. 01:02:08 >>Shayla Griggs: THANK YOU. 01:02:09 HEAVENLY FATHER, WE AFFIRM OUR FAITH IN THEE. 01:02:14 WE SEEK YOUR DIVINE STRENGTH, WISDOM, AND GUIDANCE IN THE 01:02:17 DELIBERATIONS THAT AFFECT THE LIVES OF EACH OF THE CITIZENS 01:02:19 OF OUR COMMUNITY. 01:02:20 IN THY NAME WE PRAY, AMEN. 01:02:23 >>Mayor Alpert: COMMISSIONER TRICE, WOULD YOU LEAD US IN THE 01:02:25 PLEDGE OF ALLEGIANCE? 01:02:27 [PLEDGE OF ALLEGIANCE] 01:02:36 ALL RIGHT. 01:02:43 WE DON'T HAVE ANYONE HERE SIGNED UP TO SPEAK FOR CITIZENS 01:02:48 INPUT. 01:02:49 ALL RIGHT. 01:02:49 WE'LL GO TO AGENDA ITEM 2, WHICH IS THE INTRODUCTION TO OUR 01:02:55 SPECIAL CLOSED SESSION MEETING. 01:02:58 I WILL LET MR. FOURNIER GIVE THE INTRODUCTION. 01:03:02 >>Robert Fournier: THANK YOU, MAYOR. 01:03:04 THERE ARE SOME THINGS THAT I'M REQUIRED TO SAY BY STATUTE. 01:03:07 THE SUBJECT MATTER OF THIS CLOSED SESSION WILL BE THE CASE 01:03:10 OF JOANNE SOUCY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF 01:03:14 JOHN KAAFI, DECEASED, VERSUS THE CITY OF SARASOTA AND 01:03:18 OTHERS. 01:03:18 THE TIME OF COMMENCEMENT OF THIS MEETING WAS AT 1:02. 01:03:24 I'M REQUIRED TO SAY THAT. 01:03:26 WE WILL RETREAT INTO A CLOSED SESSION, AN ATTORNEY-CLIENT 01:03:30 SESSION, ALSO KNOWN AS A SHADE MEETING, PER A PREVIOUS 01:03:33 REQUEST THAT I MADE TO THE COMMISSION, THAT HAVING THAT 01:03:35 MEETING WAS NECESSARY TO DISCUSS THIS CASE. 01:03:39 DURING THE CLOSED SESSION, OUR CONVERSATION HAS TO BE 01:03:42 CONFINED TO SETTLEMENT NEGOTIATIONS AND TO STRATEGY RELATED 01:03:45 TO LITIGATION EXPENDITURES IN THE CASE. 01:03:48 THE WHOLE SESSION WILL BE TRANSCRIBED BY A CERTIFIED COURT 01:03:51 REPORTER. 01:03:52 NO PORTION OF IT IS SUPPOSED TO BE OFF THE RECORD. 01:03:55 AND AT THE CONCLUSION OF THE LITIGATION, THE TRANSCRIPT WILL 01:03:57 BECOME A PUBLIC RECORD.

file:///C/Users/JJohnson/Desktop/23-11-20-CommissionSpecial.txt[11/21/2023 11:13:35 AM] 01:03:59 I AM REQUIRED TO READ INTO THE RECORD HERE THE NAMES OF THE 01:04:02 INDIVIDUALS THAT WILL BE ATTENDING THE CLOSED SESSION. 01:04:05 THOSE WILL BE MAYOR LIZ ALPERT, VICE-CHAIR JEN AHEARN-KOCH, 01:04:12 ERIK ARROYO, CITY COMMISSIONER, DEBBIE TRICE, CITY 01:04:15 COMMISSIONER, KYLE BATTIE, CITY COMMISSIONER, MARLON BROWN, 01:04:18 CITY MANAGER, MYSELF, ROBERT FOURNIER, CITY ATTORNEY, AND 01:04:21 POLICE LEGAL ADVISOR JOE POLZAK AS WELL AS A CERTIFIED COURT 01:04:25 REPORTER. 01:04:25 WE HAVE ESTIMATED THAT THE TIME THIS WILL TAKE WILL BE 60 01:04:30 MINUTES, ALTHOUGH IT COULD BE MORE OR LESS. 01:04:32 AS I HAD MENTIONED EARLIER, THIS IS A CONTINUED SHADE 01:04:35 MEETING. 01:04:36 WITH THAT, MAYOR, I'LL CLOSE MY COMMENTS AND YOU CAN RECESS 01:04:39 THIS MEETING AND WE'LL GO INTO ROOM 109 FOR THE SPECIAL 01:04:42 SESSION. 01:04:43 >>Mayor Alpert: ALL RIGHT. 01:04:44 WE ARE IN RECESS. 01:04:45 [ SOUNDING GAVEL ] 01:04:46 [RECESS] 02:41:40 [ SOUNDING GAVEL ] 02:41:41 >>Mayor Alpert: I'M GOING TO CALL THIS SPECIAL CITY 02:41:44 COMMISSION MEETING FOR NOVEMBER 20th BACK INTO SESSION AND 02:41:50 GO TO MR. FOURNIER. 02:41:54 >>Robert Fournier: THANK YOU, MAYOR. 02:41:55 I'M ALSO REQUIRED TO PUT ON THE RECORD IT IS NOW ABOUT 2:42. 02:41:58 WE WERE IN CLOSED SESSION FOR JUST A LITTLE OVER AN HOUR AND 02:42:01 A HALF. 02:42:02 MY ESTIMATE WAS UNDER. 02:42:03 I WOULD ASK THAT THE COMMISSION MAKE A MOTION TO AUTHORIZE 02:42:08 THE CITY ATTORNEY'S OFFICE TO CONFIRM SOME OF THE COVERAGE 02:42:12 QUESTIONS THAT CAME UP INITIALLY AND TO REPORT BACK. 02:42:17 >>Mayor Alpert: DO I HAVE -- 02:42:20 >>Erik Arroyo: SO MOVED. 02:42:22 >> SECOND. 02:42:23 >>Mayor Alpert: OKAY. 02:42:23 THE MOTION WAS AS MR. FOURNIER STATED. 02:42:27 COMMISSIONER ARROYO MADE THE MOTION AND COMMISSIONER BATTIE 02:42:32 SECONDED. 02:42:33 IF WE COULD VOTE, COMMISSIONERS. 02:42:38 IS THAT YOUR VOTE? 02:42:41 >> YES. 02:42:41 >>Mayor Alpert: YES. 02:42:41 OKAY THE MOTION PASSES UNANIMOUSLY. 02:42:43 THANK YOU. 02:42:44 I THINK THAT'S IT. 02:42:48 WE ARE ADJOURNED. 02:42:50 >>Shayla Griggs: YES, WE ARE. 02:42:51 [ SOUNDING GAVEL ] DISCLAIMER: THIS FILE REPRESENTS AN UNEDITED VERSION OF REALTIME CAPTIONING WHICH SHOULD NEITHER BE RELIED UPON FOR COMPLETE

file:///C/Users/JJohnson/Desktop/23-11-20-CommissionSpecial.txt[11/21/2023 11:13:35 AM] ACCURACY NOR USED AS A VERBATIM TRANSCRIPT. ANY PERSON WHO NEEDS A VERBATIM TRANSCRIPT OF THE PROCEEDINGS MAY NEED TO HIRE A COURT REPORTER.