02/16/1993 CITY COMMISSION SPECIAL MEETING
February 16, 1993
The City Commission of the City of Clearwater met at the DRC Conference Room, City Hall Annex, Tuesday, February 16, 1993 at 11:58 a.m., with the following members present:
Rita Garvey Mayor/Commissioner
Richard Fitzgerald Vice-Mayor/Commissioner
Sue Berfield Commissioner
Arthur X. Deegan, II Commissioner
Absent:
Mayme Hodges Commissioner
Also present:
Kathy S. Rice Acting City Manager
M.A. Galbraith, Jr. City Attorney
Cynthia E. Goudeau City Clerk
The purpose of the meeting is to consider authorization of employment of private counsel regarding the McIntyre v. Whitacre, et al. case.
Authorization is requested to employ Robert G. Walker, Jr., as outside counsel to represent Officer Alan Whitacre, a co-defendant in this case.
This is a civil rights case alleging unlawful deadly force and other claims in the aftermath of a shooting during an incident involving the SWAT team. The City has already retained
Paul Meissner to defend Police Chief Sid Klein, Lt. Frank Daly and the City.
The retention of private counsel is authorized by Section 2.035 of the new City Code in cases where its determined that representation by the City Attorney would be inappropriate or
that a conflict of interest exists requiring private counsel.
The City Attorney's recommendation to hire outside counsel is based upon the potential for a conflict of interest on Officer Whitacre's part which could result in the disqualification
of any attorney who undertakes to represent all of the defendants. The City Attorney does not wish to make this sound like the City is "cutting the officer loose", because a conflict
of interest has not been established. Recognizing the potential for a conflict of interest requires this step as a preventive action so that the City does not, on the eve of trial,
find itself having to replace Mr. Meissner with 2 or 3 lawyers who would likely cost the city more in the long run and who would find it difficult due to time exigencies to give Officer
Whitacre and the other defendants the kind of defense they deserve.
In response to a question, the City Attorney indicated he has been informed Officer Whitacre is agreeable to having Attorney Walker represent him.
Commissioner Fitzgerald moved to authorize hiring Robert G. Walker, Jr., to represent Officer Whitacre in the McIntyre v. Whitacre, et al. case. The motion was duly seconded and carried
unanimously.
The meeting adjourned at 12:00 Noon.