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Fr - <br />_I <br />BOOK 60 fnut Ut) b <br />Heated debate ensued between Attorney Clem and Commissioner <br />Scurlock regarding the reasons behind Commissioner Scurlock wanting <br />him off the case, and Chairman Eggert called for order and asked <br />that discussion return to the matter at hand. <br />Attorney Reynolds advised that Judge Smith has said that he <br />does not disagree with Attorney Clem's perception of his lack of <br />conflict and did not rule on that one way or another, but <br />unequivocally under the conflict of interest rule, Attorney Clem <br />has been required to obtain the Board's permission to proceed in <br />this case. Judge Smith has held his ruling in abeyance to allow <br />Attorney Clem the 10 days necessary to come before the Board and <br />ask for your permission in this regard. That is where we are, and <br />that is his advice to the Board. He emphasized that he brought his <br />motion directly on behalf of Indian River County, not any <br />individual commissioner, and not for any political reason. There <br />is a suit by Prince for monetary damages which may adversely affect <br />Indian River County. <br />Lengthy debate ensued and Commissioner Bird asked if the Board <br />voted today to disallow Attorney Clem's representation of Mr. <br />Prince in this lawsuit involving the County as a whole, would that <br />preclude Attorney Clem from representing Prince Contracting against <br />Commissioner Scurlock individually. <br />Attorney Reynolds honestly didn't know the answer to that, but <br />he didn't see any reason why it would so prohibit because it takes <br />his interest out of the case. His interest is in Indian River <br />County, and if Attorney Clem wants to represent Prince against <br />Commissioner Scurlock individually, that is up to their attorneys. <br />Attorney Clem felt that shows how ridiculous this whole thing <br />is, and reiterated there is no conflict here unless you want to <br />create one. <br />Attorney Reynolds further explained the adverse relationship <br />that he sees under the rule. In one case, Attorney Clem is seeking <br />money for Mr. Prince from the County against the taxpayers while <br />his partner is representing the County to keep money from going out <br />to a plaintiff attorney. <br />Commissioner Bird appreciated Attorney Reynolds giving the <br />recommendation that he has, but knowing Attorneys Clem and Vocelle <br />as we do, he felt they each have the professional ability to <br />represent their clients and still share the same office space and <br />do that in a proper manner, keeping things confidential that should <br />be kept confidential. <br />Commissioner Wheeler stated that he is interested in getting <br />at the truth and didn't believe the truth is going to change <br />regardless of who the attorney is. He wished to note that there <br />52 <br />