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injunction is permanently granted, and Mr. Prince is seeking <br />monetary damages against IRC through a suit against the five <br />Commissioners in their official capacity, IRC is self-insured and <br />the money that would be paid, if any, to Mr. Prince in this <br />proceeding would come directly out of the taxpayers' money and <br />directly affect revenues being brought into the county. <br />Attorney Reynolds next addressed Attorney Vocelle's duty in <br />his representation of the County in 5 or 6 accident or slip and <br />fall cases. Attorney Vocelle has the opposite duty from Attorney <br />Clem, and that is to keep the taxpayers' money from being paid out <br />to a plaintiff's attorney who is seeking monetary damages from <br />Indian River County. Monetary damages can be paid only out of the <br />taxpayers money because Indian River County is self-insured. <br />Additionally, with regard to the position that this puts the County <br />in, vis-a-vis Attorneys Clem and Vocelle, under Florida Statute S <br />768.28, the County's Risk Manager is provided certain work product <br />investigative protection. However, Attorney Vocelle presently <br />works through the Risk Manager in connection with the slip and fall <br />cases. Attorney Reynolds emphasized that he also works through the <br />County's Risk Manager as a conduit to each of the five <br />Commissioners in their official capacities. The Risk Manager is <br />given his confidences and he is privy to her confidences as well as <br />any confidential information involving any governmental matter for <br />Indian River County, which obviously puts the Risk Manager in a <br />very awkward situation as it relates to this case. Attorney <br />Reynolds could think of no reason to advise the Board to waive <br />their rights and privileges under the conflict of interest statute <br />not to have different attorneys taking different positions against <br />the County in different lawsuits. <br />Chairman Eggert advised that she discussed this matter at <br />length yesterday with Attorney -Reynolds and expressed her concern <br />regarding public perception and general view of how this law works. <br />Attorney Reynolds perceived the individual citizen on the <br />street would not readily accept such an acquiescence to the <br />continued representation of Mr. Prince by Attorney Clem. <br />Commissioner Scurlock stated that he has talked to his <br />attorney, and he strongly objects to Attorney Clem continuing in <br />this case. He believed Attorney Clem was hired for an advantage <br />and that this is a verypolitical matter. It should be noted that in <br />the vote taken to award the contract to Guettler, Commissioner <br />Wheeler voted against staff's recommendation, as did Chairman <br />Eggert. In addition, Commissioner Wheeler has Attorney Clem as a <br />campaign fund raiser, an active participant in his campaign, and on <br />frequent occasions has lunch with him. In fact, they had lunch <br />49 <br />MAR, � 1992 ����� "a F -I CJJ`i <br />