PLACEMENT: Departmental
TITLE:
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DISCUSSION OF LEGAL DEFENSE EXPENSES THAT WERE INCURRED BY COMMISSIONER SARAH HEARD IN CASE NO. 2017-MM-3744
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EXECUTIVE SUMMARY:
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Commissioner Sarah Heard faced criminal charges for alleged violations of Florida's public records laws in connection with the performance of her duties as a County Commissioner. Commissioner Heard was acquitted of all charges on April 12, 2019. Commissioner Heard has requested an item for the Board of County Commissioners to discuss reimbursement of her legal defense expenditures.
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DEPARTMENT: Administration
PREPARED BY: Name: Taryn G. Kryzda and Krista Storey
Title: County Administrator and County Attorney
REQUESTED BY: Sarah Heard, Martin County Commissioner District Four
PRESET: 1:30 PM
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
In 2017 Commissioner Heard faced criminal charges for an alleged violation of Florida's public records laws in connection with the performance of her duties as a County Commissioner. The case went to a jury trial in early April 2019 and Commissioner Heard was acquitted of all charges. Commissioner Heard retained attorneys to defend her in the case.
Once the case concluded, and Commissioner Heard was acquitted, staff began evaluating what obligation if any, the County had to assume responsibility for Commissioner Heard's legal expenses incurred in her defense. The County's Fiscal Policies for reimbursement of legal costs provides language whereby the Board may reimburse legal expenses in excess of $7,500 that a Commissioner incurs when they have been charged and found not-guilty for something that is deemed within their normal scope of responsibility. The policy also states that the determination of the amount of attorney's fees will be based upon a reasonable hourly rate for the jurisdiction in which the claim or matter arose times a reasonable number of hours actually devoted to the defense of the claim or matt...
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