Agenda 04/23/2013 Item #16K3 Proposed Agenda Changes
Board of County Commissioners Meeting
April 23,2013
Withdraw Item 13A: This item to be heard at 11:00 a.m. Presentation by the Clerk of the Circuit
Court's Office regarding Audit Report 2011-3 Freedom Memorial. (Clerk of Circuit Court request)
Withdraw Item 13B: This item to be heard immediately following Item 13A. Presentation by the
Clerk of the Circuit Court of audit report 2012-6 Housing,Human,and Veteran Services--Disaster
Recovery Initiative Grant. (Clerk of Circuit Court request)
Move Item 16K3 to Item 12B: Request for authorization to
advertise for future consideration an ordinance to be known as the
"Collier County Attorney's Ordinance." (Commissioner Fiala and
Commissioner Coyle's separate requests)
Note:
Item 16A8: Add the following sentence to the Executive Summary Fiscal Impact: Construction of
the North wall will be funded solely by gas taxes.
Item 16D8: Add the following sentence to the rental contracts: Fees are governed by the Board
approved Fee Policy in Resolution Number 2013-29, as amended.
Item 17D: Revise Section 3(a)(5) b Administrative Cost as follows: (Packet Page 1959)
b. Project Management(Fund 185),Indirect Overhead,and Program Administration in support of
Fund 195(Beaches)and Fund 183(Beach Park Facilities)shall not exceed 15%of Category"A"
revenues. - - - - - : - ° - - - - - - - - - -
Fasilities.).This amount may be amended upwardly or downwardly each budget year provided that
the amount of the budget does not exceed 15%of Category"A"revenues.
Time Certain Items:
Item 10E to be heard at 10:30 a.m., immediately followed by Item 10H
Item 1OF to be heard at 2:00 p.m.
Commissioners will be attending lunch with the Know Your County Government Teen Citizenship
Program at the East Naples United Methodist Church from 12:00 to 1:00 p.m.
4/23/2013 9 38 AM
4/23/2013 16.K.3.
EXECUTIVE SUMMARY
Request for authorization to advertise for future consideration an ordinance to be known
as the "Collier Countv Attornev's Ordinance."
OBJECTIVE: To obtain the Board of County Commissioners (Board's) authorization to
advertize for future consideration an ordinance setting forth the methods and conditions for
selection, appointment and removal of the County Attorney, the duties of the County Attorney,
and the funding for the Office of the County Attorney.
CONSIDERATIONS: At its February 12, 2013 regular meeting, Commissioner Hiller brought
forward a proposal to establish a County Attorney Ordinance for the purpose of defining and
clearly articulating the responsibilities of the County Attorney and the Office of the County
Attorney. Commissioner Hiller's suggested that the ordinance include certain mandates such as
1) All legal information relating to the County shall be immediately forwarded to the County
Attorney upon receipt of such information by any member of the Board and /or County staff,
including but not limited to matters related to threatened, pending or actual litigation, civil,
criminal or administrative in nature; 2) The County Attorney shall exclusively represent the
County in all legal matters, and with Board approval, retain outside counsel to assist in such
representation; 3) All draft contracts, resolutions and ordinances shall be reviewed and approved
by the County Attorney prior to presentation to the Board, and all such approved documents shall
be placed by staff on the Board's public agenda for Board approval. 4) The County Attorney's
standard for review and approval of any and all matters presented to the Board shall be that it is
"approved as to form and legality" rather than merely "approved as to form and legal
sufficiency" and such approval shall cite with specificity any ordinance, statute or constitutional
provision on which the proposed action is based; 5) The County Attorney shall be responsible for
ensuring the proper execution of all Board approved contracts, resolutions and ordinances, and
shall ensure the preservation of the chain of custody of such documents from Board approval, to
execution through recording in the Official Records of the Clerk of Courts; 6) The County
Attorney shall be the County's registered agent in all instances included but not limited to CRA,
MSTU, and District representation. A copy of Commissioner Hiller's Executive Summary is
included in the back -up.
Based on further Board direction, the provision that the County Attorney would act as the
County's Chief Ethics Officer was also added. Upon adoption of this Ordinance, the County
Attorney will develop practices and procedures for Board approval to implement the direction set
forth by the Ordinance.
The proposed Ordinance was patterned after other County Attorney ordinances adopted in
Florida (specifically Sarasota County) and addresses such aspects as methods and conditions for
selection, appointment and removal of the County Attorney and funding for the County
Attorney's Office. The proposed ordinance is consistent with this Office's current practices.
FISCAL IMPACT: The cost for advertising the proposed ordinance is approximately $350.00.
GROWTH MANAGEMENT IMPACT: None.
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LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney,
and is legally sufficient for Board action. A simple majority vote is required to authorize its
advertisement. - JAK
RECOMMENDATION: That the Board of County Commissioners authorizes advertisement
of the attached "County Attorney Ordinance" for future consideration.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Request for authorization to advertise for future consideration an
ordinance to be known as the "Collier County Attorney's Ordinance."
Meeting Date: 4/23/2013
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
4/16/2013 3:21:52 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 4/16/2013 4:48:00 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/17/2013 8:40:35 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/17/2013 9:28:06 AM
Name: OchsLeo
Title: County Manager
Date: 4/17/2013 10:01:01 AM
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ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SETTING FORTH THE OFFICE OF
THE COUNTY ATTORNEY; THE METHOD AND CONDITIONS FOR
SELECTION, APPOINTMENT AND REMOVAL OF THE COUNTY
ATTORNEY; THE DUTIES OF THE COUNTY ATTORNEY; THE
FUNDING FOR THE OFFICE OF THE COUNTY ATTORNEY;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 125.01(l)(b), Florida Statutes, authorizes the Board of County
Commissioners to provide for the prosecution and defense of legal causes in behalf of the county
and retain counsel and set their compensation; and
WHEREAS, the Board of County Commissioners has historically employed a County
Attorney and a County Attorney's Office to assist the Board and staff, and
WHEREAS, the Board of County Commissioners wish to formalize the role of the
County Attorney and the County Attorney's Office.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Attorney's
Ordinance."
SECTION TWO: The County Attorney and Office of the County Attorney.
The County Attorney shall be the chief legal counsel to the County and shall be the head
of the County Attorney's Office. The County Attorney's Office shall serve the Board of County
Commissioners, County Manager and County Agencies and Departments, and any other entity as
directed by the Board, in all legal matters affecting county government. The Office of the
County Attorney shall consist of the County Attorney, together with a Deputy County Attorney,
assistant county attorneys, law clerks, legal secretaries, paralegals and other personnel as may
from time to time be employed by the County Attorney. The Office of the County Attorney shall
be managed and operated in accordance with the terms of this ordinance, the Policies and
Procedures Manual of the Office of the County Attorney, and any written contract between the
Board and the County Attorney.
i
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SECTION THREE: Method and conditions for selection, appointment and removal of
the County Attorney.
(a) Recruitment for the position of County Attorney shall be in such manner as may
be determined by the Board.
(b) The County Attorney shall be appointed by an affirmative vote of not less than
three members of the Board and serve at the will and pleasure of the Board.
(c) The County Attorney shall be appointed by written contract negotiated with the
Board which contract may set out the terms and conditions of employment and removal and
specify any additional powers and duties delegated or assigned to the County Attorney.
(d) The County Attorney shall be and shall remain duly authorized to practice law in
the State of Florida, and shall have such experience as determined by the Board.
(e) The County Attorney need not be a resident of the County at the time of
appointment, but during the Attorney's tenure in office shall reside within the County.
(f) The position of the County Attorney shall be deemed vacant if the incumbent is
removed, resigns, moves his residence from the County or is, by death, illness or other casualty,
unable to continue in office. In the case of vacancy or disability, the Deputy County Attorney
shall serve as the County Attorney until a successor has been appointed by the Board or the
County Attorney resumes the duties of the position.
SECTION FOUR: Duties of the County Attorney.
(a) The County Attorney shall exclusively represent the County in all legal matters,
and as set forth below, with Board approval shall retain outside counsel to assist in such
representation. The duties, responsibilities and authority of the County Attorney shall include,
without limitation:
(1) Employing and managing all personnel of the County Attorney's Office,
establishing the organizational framework of the Office, and supervising the
conduct of all employees of the Office of the County Attorney.
(2) Providing legal advice and counsel to, and legal representation of the Board and
all County departments, agencies, advisory boards, officers and employees on
matters pertaining to the business of the County or in connection with the duties
of the Board, department, agency, officer or employee.
(3) Representing the County in all litigation, administrative hearings, mediation,
appeals and judicial proceedings in which the County, the Board, or a County
department or agency under the jurisdiction of the Board is a party. With the
approval of the Board, the County Attorney may employ outside counsel for such
proceeding, on such terms and conditions as the Board finds appropriate and
consistent with the County's purchasing policies.
(4) Advising and providing recommendations to the Board regarding the need for the
selection of any special counsel to be retained by the County and its agencies to
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provide legal representation in specified matters not related to litigation, and
thereafter supervising, monitoring and coordinating, as appropriate, the
representation, services and work of any special counsel so employed.
(5) The County Attorney shall be the registered agent of the County and its agencies,
including but not limited to the Collier County Community Redevelopment
Agency; the Collier County Airport Authority; and the Collier County Water -
Sewer District, and shall be the sole authorized agent for acceptance of service of
process on behalf of Collier County and all of its agencies.
(6) The County Attorney shall review and approve all draft ordinances, resolutions,
contracts and other legal documents (such as grant awards) prior to their being
presented to the Board, shall attest that each such document has been approved as
to form and legality, and shall cite with specificity any ordinance, statute,
constitutional or other provision on which the proposed action is based.
(7) With the assistance of the County Manager, the County Attorney shall be
responsible for ensuring the proper execution of all Board approved contracts,
resolutions and ordinances, and shall ensure the preservation of the chain of
custody of such documents from Board approval, to execution through recording
in the Official Records of the Clerk of Courts.
(8) All legal information relating to the County shall be immediately forwarded to the
County Attorney upon receipt of such information by any member of the Board
and/or County Staff, including but not limited to matters relating to threatened,
pending or actual litigation, whether criminal, civil or administrative in nature.
(9) The County Attorney shall be the Chief Ethics Officer for the County and its
agencies.
(b) The Office of the County Attorney shall provide legal advice and counsel to and
representation of any other State or local governmental office, unit, or entity as may be required
by law or interlocal agreement entered into by the Board.
(c) To implement the duties set forth above, the County Attorney shall develop
administrative practices and procedures to be approved by the Board for inclusion into the
Collier County Administrative Code, which practices and procedures shall thereafter be
respected by the Board and County staff.
SECTION FIVE: Funding for the Office of the County Attorney
The County Attorney shall prepare a budget for the Office of the County Attorney to be
presented to the Board in accordance with the annual budget process adopted by the Board. The
Board shall appropriate funds as necessary from the general fund or other legally available funds
of the County to employ the County Attorney and personnel of the Office of the County Attorney
and provide necessary and reasonable expenses for the operation, management, space, facilities,
and expenses usually associated with the practice of law. Such appropriations shall be subject to
periodic review and adjustment in accordance with the budgetary process of the County.
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SECTION SIX: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SEVEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION EIGHT: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2013.
ATTEST:
DWIGHT E. BROCK, Clerk
as
, Deputy Clerk
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
4
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners ( "Board ") direct the County
Attorney ( "CA") to draft a County Attorney Ordinance to be brought back to the Board at
the second meeting in February, 2013 for approval to advertise publicly, and then further
to be brought forward for adoption by the Board at the first meeting in March, 2013. The
ordinance shall provide in part that: 1. All legal information relating to the county shall be
immediately forwarded to the CA upon receipt of such information by any member of the
Board and /or county staff, including but not limited to matters related to threatened,
pending or actual litigation, civil, criminal or administrative in nature. 2. The CA shall
exclusively represent the county in all legal matters, and with Board approval shall retain
outside counsel to assist in such representation. 3. All draft contracts, resolutions and
ordinances shall be reviewed and approved by the CA prior to presentation to the Board,
and all such reviewed documents shall be placed by staff after approval by the CA on the
Board's public agenda for Board approval prior to any Board vote. 4. The CA's standard
for review and approval of any and all matters presented to the Board shall be that it is
"approved as to form and legality" rather than merely "approved as to form and Iegal
sufficiency" and - such approval shall cite with specificity any ordinance, statute or
constitutional provision on which the proposed action is based. 5. The CA shall be
responsible for ensuring the proper execution of all Board approved contracts, resolutions
and ordinances, and shall ensure the preservation of the chain of custody of such
documents from Board approval, to execution through recording in the Official Records of
the Clerk of Courts. A The CA shall be the county's registered agent in all instances
included but not limited to CRA, MSTU, and District representation. Once the ordinance
is adopted, the CA will immediately develop practices and procedures to implement the
direction set by the ordinance which shalt be respected by the Board and county staff going
forward.
OBJECTIVE: That the Board of County Commissioners ( "Board ") direct the County Attorney
( "CA ") to draft a County Attorney Ordinance to be brought back to the Board at the second
meeting in February, 2013 for approval to advertise publicly, and then further to be brought
forward for adoption by the Board at the first meeting in March, 2013. The ordinance shall
provide in part that: 1. All legal information relating to the county shall be immediately
forwarded to the CA upon receipt of such information by any member of the Board and /or
county staff, including but not limited to matters related to threatened, pending or actual
litigation, civil, criminal or administrative in nature. 2. The CA shall exclusively represent the
county in all legal matters, and Mth Board approval shall retain outside counsel to assist in such
representation. 3. All draft contracts, resolutions and ordinances shall be reviewed and approved
by the CA prior to presentation to the Board, and all such reviewed documents shall be placed by
staff after approval by the CA on the Board's public agenda for Board approval prior to any
Board vote. 4. The CA's standard for review and approval of any and all matters presented to
the Board shall be that it is "approved as to form and legality" rather than merely "approved as to
form and legal sufficiency" and such approval shall cite with specificity any ordinance, statute or
constitutional provision on which the proposed action is based. 5. The CA shall be responsible
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41 I L/LV I J I U.J.
for ensuring the proper execution of all Board approved contracts, resolutions and ordinances,
and shall ensure the preservation of the chain of custody of such documents from Board
approval, to execution through recording in the Official Records of the Clerk of Courts. 6. The
CA shall be the county's registered agent in all instances included but not limited to CRA,
MSTU, and District representation. Once the ordinance is adopted, the CA will immediately
develop practices and procedures to implement the direction set by the ordinance which shall be
respected by the Board and county staff going forward.
CONSIDERATIONS : The County Attorney's office has been by passed over in the past
several years in multiples instances with respect to matters contemplated to be cured by the
proposed County Attorney's Ordinance. For example, county staff failed to notify the CA about
the administrative hearings involving both the Milk Program and FEMA's deobligation of beach
renourishment funds; staff failed to present contracts to the Board as part of Executive
Summaries notwithstanding CA review; and, county contracts have been executed without Board
approval, have not been executed notwithstanding Board approval, or have been executed
inclusive of incorrect terms. Further, the "legal sufficiency" standard of CA review will be
replaced with a higher "legal" standard of review to ensure that the actions taken by the Board
are in fact legally valid. The CA's review shall cite the law upon which the Board's actions are
based, supporting the legal conclusions reached. To correct the deficiencies noted and to ensure
clarity as to the role of the County Attorney, it is recommended that the Board adopt a County
Attorney Ordinance as has been done by many other Florida counties. Since strict compliance is
essential given the potential seriousness of the the adverse implications to the county for failure
to properly involve the CA in the county's legal affairs, an ordinance (rather than a resolution, or
policy direction) is required. The CA will developed practices and procedures to implement the
requirements set by the ordinance which shall be respected by the Board and county staff going
forward.
FISCAL IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
legally sufficient, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners ( "Board ") direct the
County Attorney ( "CA ") to draft a County Attorney Ordinance to be brought back to the Board
at the second meeting in February, 2013 for approval to advertise publicly, and then further to be
brought forward for adoption by the Board at the first meeting in March, 2013. The ordinance
shall provide in part that: 1. All legal information relating to the county shall be immediately
forwarded to the CA upon receipt of such information by any member of the Board and/or
county staff, including but not limited to matters related to threatened, pending or actual
litigation, civil, criminal or administrative in nature. 2. The CA shall exclusively represent the
county in all legal matters, and with Board approval shall retain outside counsel to assist in such
representation. 3. All draft contracts, resolutions and ordinances shall be reviewed and approved
by the CA prior to presentation to the Board, and all such reviewed documents shall be placed by
staff after approval by the CA on the Board's public agenda for Board approval prior to any
Board vote. 4. The CA's standard for review and approval of any and all matters presented to
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Ll 1 L /LU I J I U. 1.
the Board shall be that it is "approved as to form and legality" rather than merely "approved as to
form and legal sufficiency" and such approval shall cite with specificity any ordinance, statute or
constitutional provision on which the proposed action is based. 5. The CA shall be responsible
for ensuring the proper execution of all Board approved contracts, resolutions and ordinances,
and shall ensure the preservation of the chain of custody of such documents from Board
approval, to execution through recording in the Official Records of the Clerk of Courts. 6. The
CA shall be the county's registered agent in all. instances included but not limited to CRA,
MSTU, and District representation. Once the ordinance is adopted, the CA will immediately
develop practices and procedures to implement the direction set by the ordinance which shall be
respected by the Board and county staff going forward.
PREPARED BY: Commissioner Georgia Hiller, Chair
Attachments - Sample Florida County Attorney Ordinances
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PART II - CODE OF ORDINANCES
Chapter 2 - ADMINISTRATION
ARTICLE 111. - COUNTY ATTORNEY
ARTICLE III. - COUNTY ATTORNEY
Sec. 2-61. - Ratification and reaffirmation of the establishment of the Office of the County Attorney.
Sec. 2-62. - Method and conditions for selection, appointment and removal of the County Attorney..
Sec. 2-63. - Duties of the County Attorney.
Sec. 2-64. - Employees of the Office of the County Attorney
Sec. 2-65. - Funding for the Office of the County Attorney.
Sec. 2-66. - Terms of this article to prevail.
Sec. 2-67. - Severability.
Secs. 2 -68 -2 -90. - Reserved.
Sec. 2 -61. - Ratification and reaffirmation of the establishment of the Office of the County
Attorney.
All prior actions of the Board, including Resolution 91 -123 and Sarasota County Contract No. 91-
474, establishing the Office of the County Attorney are hereby ratified and reaffirmed. The Office of the
County Attorney shall serve as the professional legal counsel and legal staff to the Board, constitutional
officers, Sarasota County government and any other entity as directed by, the Board. The Office of the
County Attorney shall consist of the County Attorney, who shall be head of the office, together with such
deputy attorneys, assistant attorneys, law clerks, and other personnel as may from time to time be
employed by the County Attorney to serve as at -will employees of the County. The Office of the County
Attorney shall be managed and operated in accordance with the terms of this article, the Policies and
Procedures Manual of the Office of the County Attorney, and any written contract between the Board and
the County Attorney.
(Ord. No. 96 -070, § 1, 9 -24 -1996; Ord. No. 2002 -075, § 2, 9 -25 -2002)
Sec. 2 -62. - Method and conditions for selection, appointment and removal of the County
Attorney.
(a) Recruitment for the position of County Attorney shall be in such manner as may be determined by
the Board.
(b) The County Attorney shall be appointed by an affirmative vote of not less than three members of the
Board and serve at the will and pleasure of the Board.
(c) The County Attorney shall be appointed by written contract negotiated with the Board which contract
may set out the terms and conditions of employment and removal and specify any additional powers
and duties delegated or assigned to the County Attorney.
(d) The County Attorney shall be and shall remain duly authorized to practice law in the State of Florida.
The County Attorney shall be qualified to serve as chief legal counsel to the Board and
administrative head of the office of the County with at least five years' experience in local
government law or equivalent, and such other experience as determined by the Board.
Sarasota County, Florida, Code of Ordinances Page 1
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PART II - CODE OF ORDINANCES
Chapter 2 -ADMINISTRATION
ARTICLE III. - COUNTY ATTORNEY
(e) The County Attorney need not be a resident of the County at the time of appointment, but during the
Attorney's tenure in office shall reside within the County.
(f) The position of the County Attorney shall be deemed vacant if the incumbent is removed, resigns,
moves his residence from the County or is, by death, illness or other casualty, unable to continue in
office. In the case of vacancy or disability, an attorney designated by the Board shall serve as the
County Attorney until a successor has been appointed or the County Attorney resumes the duties of
the position.
(Ord. No. 96 -070, § 2, 9 -24 -1996)
Sec. 2 -63. - Duties of the County Attorney.
(a) The County Attorney shall be responsible for representing and is hereby authorized to represent the
Board as its County Attorney. The County Attomey shall provide legal services to the Board and
departments and agencies of County government as provided herein and as may be authorized and
directed by the Board from time to time. The duties, responsibilities and authority of the County
Attorney shall include, without limitation:
(1) Employing and managing all personnel of the County Attorney's Office, establishing the
organizational framework of the Office, and supervising the conduct of all employees of the
Office of the County Attorney.
(2) Providing legal advice and counsel to, and legal representation of the Board and County
departments, agencies, officers and employees on matters pertaining to the business of the
County or in connection with the duties of the Board, department, agency, officer or employee.
(3) Representing the County in all litigation, administrative hearings, mediation, appeals and judicial
proceedings in which the County, the Board, or a County department or agency under the
jurisdiction of the Board is a party.
(4) Providing legal advice and counsel to, and legal representation of, constitutional officers of
Sarasota County and their employees on matters pertaining to the respective business and
duties of said constitutional officers and employees at the request of constitutional officers.
(5) Representing any constitutional officer or employee of said officer in any litigation,
administrative hearing, mediation, appeal or judicial proceeding upon request of said
constitutional officer.
(6) Advising and providing recommendations to the Board regarding the need for the selection of
any special counsel to be retained by the County to provide legal representation in specified
matters.
(7) Supervising, monitoring and coordinating, as appropriate, the representation, services and work
of any special counsel employed pursuant to subsection (a)(6) of this section.
(b) At the request of the Board, the County Attorney is hereby authorized to represent the Board or a
Board member when the Board or a member is acting as a separate agency or board or in an ex-
officio capacity or is otherwise officially representing Sarasota County at the direction of the Board.
The responsibility and authority of the County Attorney when serving as attorney in these matters
shall include, but not be limited to, those duties and responsibilities as herein set out for the County
Attorney.
(c) The Office of the County Attorney shall provide legal advice and counsel to and representation of
any other State or local governmental office, unit, or entity as may be required by law or interlocal
agreement entered into by the Board.
(Ord. No. 96 -070, § 3, 9 -24 -1996; Ord. No. 2002 -075, § 3, 9 -25 -2002)
Sarasota County, Florida, Code of Ordinances Page 2
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PART II - CODE OF ORDINANCES
Chapter 2 - ADMINISTRATION
ARTICLE III. - COUNTY ATTORNEY
Sec. 2 -64. - Employees of the Office of the County Attorney.
All employees of the Office of the County Attorney shall be at -will employees subject to discharge by
the County Attorney without cause and without entitlement to termination hearings or process. No
employee of the Office of the County Attorney shall have a property interest in his or her employment.
Except as provided herein, employees of the Office of the County Attorney shall otherwise be entitled to
at least the same fringe benefits offered to County employees generally.
(Ord. No. 96 -070, § 4, 9 -24 -1996; Ord. No. 2002 -075, § 4, 9 -25 -2002)
Sec. 2 -65. - Funding for the Office of the County Attorney.
(a) The Board shall appropriate funds as necessary from the general fund or other legally available
funds of the County to employ the County Attorney and personnel of the Office of the County
Attorney and provide necessary and reasonable expenses for the operation, management, space,
facilities, and expenses usually associated with the practice of law. Such appropriations shall be
subject to periodic review and adjustment in accordance with the budgetary process of the County.
(b) The County Attorney shall prepare a budget for the Office of the County Attorney to be presented to
the Board in accordance with the annual budget process adopted by the Board. The County Attorney
shall recommend the budget for the Office of the County Attorney to the Board in budget hearings,
workshops, and adoption sessions as necessary and as required by the budget process adopted by
the Board.
(Ord. No. 96 -070, § 5, 9 -24 -1996)
Sec. 2 -66. - Terms of this article to prevail.
In the event of any conflict between the terms of Resolution 91 -123, Sarasota County Contract No.
91 -474, or any other resolution, ordinance, contract, writing or action adopted by the Board regarding any
matter provided for herein, the terms of this article shall prevail to the extent of said conflict.
(Ord. No. 96 -070, § 6, 9 -24 -1996)
Sec. 2 -67. - Severability.
In the event any provision of this article is for any reason finally held invalid or unconstitutional by
any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity or enforceability of this article as a whole or the
remaining provisions hereof.
(Ord. No. 96 -070, § 7, 9 -24 -1996)
Secs. 2- 68 -2 -90. - Reserved.
Sarasota County, Florida, Code of Ordinances Page 3
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CHARTER
Section 1 - HOME RULE CHARTER
ARTICLE 4. - COUNTY ATTORNEY
ARTICLE 4. - COUNTY ATTORNEY
Sec. 4.1. - County attorney.
Sec. 4.1. - County attorney.
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There shall be a county attorney who shall be appointed and terminated by the board of county
commissioners, and who shall serve at the pleasure of the board. The county attorney shall be the
head of the county attorney's office. The county attorney shall be responsible directly to the board of
county commissioners and shall provide legal services to the board of county commissioners, county
departments, and county boards and agencies. The terms and conditions of compensation and
employment of the county attorney shall be set forth in a contract.
Page 1 of 1 Wakulla County, Florida, Code of Ordinances
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PARTI - CHARTER
ARTICLE IIIA. - COUNTY ATTORNEY
ARTICLE IIIA. - COUNTY ATTORNEY
Sec. IIIA.1. - County attorney.
Sec. IIIA.2. - Compensation.
Sec. I IIA.3. - Temporary absence.
Sec. 111A.1. - County attorney.
There shall be a county attorney who shall be appointed by the council and who shall serve at the
direction and pleasure of the council. The county attorney shall be chosen on the basis of professional
training, experience and qualifications. The county attorney shall maintain residence within the county
during the period of tenure of office and shall not engage in any other business or occupation.
Sec. IIIA.2. - Compensation.
The council shall establish the salary for the county attorney at a level which is commensurate with the
requirements of the position and shall at least annually review the salary.
Sec. 111A.3. - Temporary absence.
The county attorney may, subject to the approval of the council, appoint one of the assistant county
attorneys to serve as the county attorney in the county attorney's absence.
(Res. No. 96 -121, Amend. No. 4, 6- 20 -96)
Volusia County, Florida, Code of Ordinances
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- CODE OF ORDINANCES
Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
DIVISION 2. - COUNTY ATTORNEY
DIVISION 2. - COUNTYATTORNEY
Sec. 2 -75. - Purpose.
Sec. 2 -76. - Establishment of office: appointment.
Sec. 2 -77. - Professional qualifications.
Sec. 2 -78. - Powers.
Sec. 2 -78. - Duties and responsibilities.
Sec. 2 -79. - Conditions of employment.
Secs. 2- 80 -2 -90. - Reserved.
Sec. 2 -75. - Purpose.
It is the intent of the county commission to establish the position of county attorney in order to
implement the provisions of F.S. § 125.01(1)(b), and to enumerate the minimum professional
qualifications for the county attorney and the general powers, duties and responsibilities of the county
attorney.
(Ord. No. 04 -01, § 2, 1 -5 -2004)
Sec. 2 -76. - Establishment of office; appointment.
(a) The office of county attorney for Gilchrist County, Florida, is hereby created.
(b) The county attorney shall be appointed by an affirmative vote of not less than three members of the
county commission, and the county commission shall set out the conditions of the county attorney's
employment.
(c) The county commission may employ a full -time or part-time in -house county attorney, enter into a
contractual relationship with a private attorney to act as county attorney, or establish any other
arrangement that meets the needs of Gilchrist County.
(Ord. No. 04 -01, § 2, 1 -5 -2004)
Sec. 2 -77. - Professional qualifications.
The county attorney shall be licensed to practice law, and shall have a minimum of five years as a
practicing attorney, in the State of Florida.
(Ord. No. 04 -01, § 2, 1 -5 -2004)
Sec. 2 -78. - Powers.
The county attorney's powers shall include but shall not be limited to the following:
(1) Chief legal counsel to the county commission and Gilchrist County.
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Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
DIVISION 2. - COUNTY ATTORNEY
(2) Prosecute and defend all legal actions by and against the county as approved by the county
commission; provided, however, the county attorney is authorized and directed to take such
action on behalf of the county as to protect the rights of the county in any legal action, pending
an opportunity to request required approval of the county commission.
(3) Employ outside counsel when deemed necessary by the county attorney upon approval by the
county commission.
(Ord. No. 04 -01, § 2, 1 -5 -2004)
Sec. 2 -78. - Duties and responsibilities.
The duties and responsibilities of the county attorney shall include but shall not be limited to the
following;
(1) Advise and represent the county commission in all legal matters relating to Gilchrist County.
(2) Defend the county commission and Gilchrist County in any and all suits, actions at law or equity
or administrative proceedings brought against Gilchrist County.
(3) Prosecute and represent the county commission and Gilchrist County in any and all suits,
actions at law or equity or administrative proceedings initiated at the direction of the county
commission.
(4) Advise and represent Gilchrist County advisory, regulatory and adjustment boards as directed
by the county commission.
(5) Advise and represent the county administrator, division and department heads, and county
officers on legal matters. This shall not include representation of the sheriff or constitutional
officers unless specifically agreed to by the county attorney and the county commission.
(6) Draft proposed legislation at the direction of the county commission or request of the county
administrator.
(7) Draft or review any contract, lease or other legal document or instrument to which Gilchrist
County may be a party or has an interest.
(8) Render any other legal services as may be required by the county commission.
(Ord. No. 04 -01, § 2, 1 -5 -2004)
Sec. 2 -79. - Conditions of employment.
(a) The compensation of the county attorney shall be fixed by the county commission.
(b) The county attorney need not be a resident of Gilchrist County.
(c) The office of the county attorney shall be deemed vacant if by termination, resignation, death, illness,
or other casualty, unable to continue in office. The county commission may appoint an interim or
acting county attorney in the case of vacancy, temporary absence, or disability, until a successor has
been qualified and appointed, or the county attorney returns. The county commission may waive the
minimum qualifications for an interim county attorney. However, individuals occupying the position of
interim or acting county attorney shall be licensed to practice in the State of Florida and shall be
capable and competent, within the discretion of the county commission, of performing the duties and
responsibilities of the position in an effective and efficient manner.
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ARTICLE III. - OFFICERS AND EMPLOYEES
DIVISION 2. - COUNTY ATTORNEY
(d) The county attorney may be removed at any time by an affirmative vote of three members of the
county commission.
(e) The county commission may impose additional conditions in the contract of employment with the
county attorney.
(Ord. No. 04 -01, § 2,1-5-2004)
Secs. 2- 80 -2 -90. - Reserved.
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PART I - CODE OF ORDINANCES
Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
DIVISION 3. - SUSPENSION, DISCHARGE OR REMOVAL OF DEPARTMENT HEADS
Subdivision II. - Deputy County Attorney and Assistant County Attorney
Subdivision II. - Deputy County Attorney and Assistant County Attorney
Sec. 2 -126. - Written notice required.
Sec. 2 -127. - Immediate relief from duty upon notice.
Sec. 2 -128. - Filling of vacancy so created.
Sec. 2 -129. - Abolition of oosition or deletion of funding to require notice.
Sec. 2 -130. - Lump sum payment of certain accumulated benefits.
Sec. 2 -131. - Granting of extra annual leave.
Sec. 2 -132. - Grounds for removal not necessarily reauired to be stated.
Sec. 2 -133. - Deputy county attorney or assistant county attorney to serve at county attorney's pleasure.
Sec. 2 -134. - Notice of resignation required.
Sec. 2 -135. - Appointment of deputy county attorney not required.
Secs. 2 -136 -2 -150. - Reserved.
Sec. 2 -126. -Written notice required.
(a) No deputy county attorney or assistant county attorney subject to suspension, discharge or removal
by the county attorney shall be suspended, discharged or removed except upon 90 days' prior
written notice signed by the county attorney and served upon such deputy county attorney or
assistant county attorney by personal delivery by any person designated by the county attorney or
mailed to the deputy county attorney or assistant county attorney at the most current address on file
with the county; provided, however, that a deputy county attorney or assistant county attorney may
be relieved of his duties at any time pursuant to section 2 -127
(b) For the purposes of this division, unless otherwise provided, any period of time described in days
shall mean calendar days. Any notice mailed, as authorized in this section, shall be considered
effective on the fifth day following the date of posting.
(Code 1985, § 1- 11 -50)
Sec. 2 -127. - Immediate relief from duty upon notice.
The county attorney may, if so provided in the notice required in section 2 -126, immediately relieve
any suspended, discharged or removed deputy county attorney or assistant county attorney from his
duties and responsibilities. Any employee so relieved of his responsibilities shall continue to receive his
salary until the 90-day period required under section 2 -126 has run, unless the notice to such deputy
county attorney or assistant county attorney expressly provides that the suspension, discharge or removal
is for a specified act of misfeasance, malfeasance or commission of a felony.
(Code 1985, § 1- 11 -51)
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PART I - CODE OF ORDINANCES
Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
DIVISION 3. - SUSPENSION, DISCHARGE OR REMOVAL OF DEPARTMENT HEADS
Subdivision ll. - Deputy County Attorney and Assistant County Attorney
Sec. 2 -128. - Filling of vacancy so created.
Any action of the county attorney immediately relieving a deputy county attorney or assistant county
attorney of his duties pursuant to section 2 -127 shall be deemed to create a vacancy in the deputy county
attorney or assistant county attorney position so affected. In the case of suspended employees, the
county attorney may appoint a qualified person to temporarily carry out the duties and responsibilities of
the suspended deputy county attorney or assistant county attorney during the period of such suspension.
In the case of discharge or removal, a vacancy shall be deemed to have been created in the deputy
county attorney or assistant county attorney position at the time the notice relieving the deputy county
attorney or assistant county attorney of his duties is delivered or mailed.
(Code 1985, § 1- 11 -52)
Sec. 2 -129. - Abolition of position or deletion of funding to require notice.
Unless otherwise agreed by the deputy county attorney or assistant county attorney, no deputy
county attorney or assistant county attorney position under the county attorney shall be abolished, nor
shall the funding for any such occupied position be deleted, nor appropriations therefor be removed from
any county budget unless notice of such action is delivered or mailed to the deputy county attorney or
assistant county attorney so affected at least 90 days in advance.
(Code 1985, § 1- 11 -53)
Sec. 2 -130. - Lump sum payment of certain accumulated benefits.
Any deputy county attorney or any assistant county attorney removed or discharged by the county
attorney or whose position is abolished or the appropriations for which are deleted, shall be paid a lump
sum payment for accumulated annual leave, not to exceed 288 hours, and one -half accumulated sick
leave, such portion not to exceed 576 hours. However, no such lump sum benefits shall be payable to the
deputy county attorney or assistant county attorney whose notice of discharge or removal specifies
misfeasance, malfeasance, or commission of a felony pursuant to section 2 -127.
(Code 1985, § 1- 11 -54)
Sec. 2 -131. - Granting of extra annual leave.
A deputy county attorney or assistant county attorney receiving 90 days advance written notice of
any action discharging or removing him from office, or abolishing his position or deleting the appropriation
therefor, and not relieved of his duties pursuant to section 2 -127, shall be given an additional five days
annual leave for the purpose of seeking other employment.
(Code 1985, § 1- 11 -55)
Sec. 2 -132. - Grounds for removal not necessarily required to be stated.
Nothing in this article shall be deemed to require that any notice required hereunder specify the
grounds for removal, discharge, suspension, abolishment of position, or deletion of appropriations, except
to the extent required to deprive a deputy county attorney or assistant county attorney removed or
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PART I - CODE OF ORDINANCES
Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
DIVISION 3. - SUSPENSION, DISCHARGE OR REMOVAL OF DEPARTMENT HEADS
Subdivision II. - Deputy County Attorney and Assistant County Attorney
discharged by the county attorney for malfeasance, misfeasance or commission of a felony, of any salary
or benefits otherwise payable.
(Code 1985, § 1- 11 -56)
Sec. 2 -133. - Deputy county attorney or assistant county attorney to serve at county
attorney's pleasure.
Nothing in this article shall authorize or permit the board of county commissioners of the county to
suspend, discharge or remove any deputy county attorney or assistant county attorney. No notice
provided pursuant to the provisions of this article shall entitle any employee to right of redress or appeal
for any action resulting in the deputy county attorney or assistant county attorney's separation from
county employment, it being the intent of this article that the deputy county attorney or all assistant county
attorneys under the jurisdiction of the county attorney shall serve at his pleasure.
(Code 1985, § 1- 11 -57)
Sec. 2 -134. - Notice of resignation required.
No deputy county attorney or assistant county attorney shall vacate or resign his position, except
upon 90 days' advance written notice delivered to the county attorney. Upon receipt of such written
notice, the county attorney may waive all or part of the 90 -day period. In the event of such waiver, the
employee shall be entitled to the benefits set forth in sections 2 -127 (in proportion to the time waived) and
2 -130. If the 90 -day period is not waived, upon the expiration thereof, the employee shall be entitled only
to the benefits set forth in section 2 -130.
(Code 1985, § 1- 11 -58)
Sec. 2 -135. - Appointment of deputy county attorney not required.
Nothing in this subdivision shall require or otherwise obligate the county attorney to appoint or to
have a deputy county attorney.
(Code 1985, § 1- 11 -59)
Secs. 2- 136 -2 -150. - Reserved.
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PART II - ADMINISTRATIVE CODE
Title 2 - ADMINISTRATION
CHAPTER 21. - ADMINISTRATIVE CODE
ARTICLE IV. - COUNTY ATTORNEY
DIVISION 3. - COUNTY ATTORNEY
Sec. 2 -51. - County attorney's office.
Sec. 2 -52. - County attorney position.
Sec. 2 -53. - Duties.
Sec. 2 -54. - Employees of the county attorney's office.
Sec. 2 -55. - Funding.
Sec. 2 -56. - Authority to settle pertain types of claims for and against the county.
Secs. 2- 57 -2 -75. - Reserved.
Sec. 2 -51. - County attorney's office.
There shall be a county attorney's office, which shall be a professional law office comprehensively
serving the legal needs of the board of county commissioners as the governing body of Bay County.
The office shall consist of the county attorney, who shall be head of the office, together with such chief
assistant county attorneys and other deputy, assistant, and associate county attorneys, legal
administrators, paralegals, law clerks, legal interns, legal secretaries, clerks, assistants and other
employees as may from time to time be determined by the county attorney to be necessary, authorized
by the board of county commissioners and appointed by the county attorney subject to budget
limitations.
(Ord. No. 06 -58, § 1, 11 -7 -06)
Sec. 2 -52. - County attorney position.
(a) Recruiting for the position of county attorney shall be in such manner as may be determined by
the board.
Page 1 of 4
(b) The county attorney shall be retained by written contract negotiated with and approved
by the board, which contract may, to the extent not inconsistent with this ordinance and other
applicable provisions of law, set out the terms and conditions of employment and removal
and specify any additional powers and duties delegated or assigned to the county attorney.
(c) The county attorney shall be and shall remain duly authorized to practice law in the
State of Florida. The county attorney shall be qualified to serve as chief legal counsel to the
board and administrative head of the office of county attorney with at least five years
experience in local government law or equivalent, and such other experience as determined
by the board.
(d) The county attorney need not be a resident of the county at the time of appointment, but
during the attorney's tenure in office shall reside within the county.
(e) The position of county attorney shall be deemed vacant if the incumbent is removed,
resigns, becomes ineligible to practice law in Florida, moves his or her residence from the
county or is, by death, illness, or other casualty, permanently unable to continue in office. In
the case of vacancy or temporary absence or disability, until a successor has been appointed
or the county attorney returns, the chief assistant county attorney or in his or her absence,
Bay County, Florida, Code of Ordinances
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Title 2 - ADMINISTRATION
CHAPTER 21. - ADMINISTRATIVE CODE
ARTICLE IV. - COUNTY ATTORNEY
any other deputy or assistant county attorney designated by the county attorney, shall serve
as the interim county attorney.
(Ord. No. 06 -58, § 2, 11 -7 -06)
Sec. 2 -53. - Duties.
(a) The county attorney shall be responsible for representing, and is hereby authorized to represent
the board as its county attorney. The county attorney shall provide or oversee all legal services required
to protect the interests of the county, including management and participation in all litigation in which
the county is a party or in which the county's interests are, or may be, affected. Additionally, the county
attorney shall render legal advice to the board, the county administrator, and to departments and
agencies under the jurisdiction of the board, and perform other legal services and administrative
responsibilities as described elsewhere herein. The duties, responsibilities, and authority of the county
attorney shall include, without limitation:
(1) Employing, managing, and supervising the conduct of all employees of the county attorney's
office.
(2) Coordinating with the county administrator and various departments and offices under his or
her jurisdiction, regarding all matters affecting and implicating overall county administration,
including, without limitation, budgetary, personnel, and procurement matters.
(3) Providing legal advice and counsel to, and legal representation of, the board, other
subordinate boards or commissions, and the departments, agencies, personnel, and officers
serving under the board on matters pertaining to the business of the county or in connection with
the duties of the department, agency, personnel, or office.
(4) Representing the county and its interests or supervising the representation of the county and
its interests in all litigation, administrative proceedings, mediations, arbitrations, appeals,
alternative dispute resolution proceedings, judicial proceedings and related negotiations in which
the county, the board, subordinate boards or commissions, or any officer or employee under the
board of county commissioners acting in the course and scope of his or her office or employment,
is a party and any other adversarial proceedings affecting the interest of the county.
(5) Advising and providing recommendations to the board regarding the need for the selection of
any special or conflict counsel to be retained to provide legal representation in specified matters.
(6) Supervising, monitoring, reviewing, approving, and coordinating, as appropriate, the
representation, services, compensation, expenses, and work of outside attorneys employed
pursuant to subsection (5) above.
(7) Such other duties as may be prescribed from time to time by the board of county
commissioners with the consent of the county attorney.
(8) Providing the board with an annual report of the county attorney's office activities.
(b) At the direction of the board of county commissioners or as required by statute or ordinance, the
county attorney is hereby authorized to represent any other separate agency, legal entity, or governing
body comprised of the county commissioners. The responsibility and authority of the county attorney
and the services provided by him or her when serving as attorney for such separate agency, legal
entity, or governing body shall be consistent with the terms of this article.
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CHAPTER 21. - ADMINISTRATIVE CODE
ARTICLE IV. - COUNTY ATTORNEY
(c) Upon direction of the board and with the consent of the county attorney, the county attorney may
*,
provide legal advice and counsel to and representation of one or more of the constitutional officers of
Bay County or other state or local governmental office, unit, or entity where necessary and appropriate
to protect the county's interest and welfare and as may be authorized by law or interiocal agreement.
(d) Nothing herein contained shall be construed as requiring the county attorney or any attorney in his
or her employ to render legal services in any particular circumstance where, in the professional
discretion and judgment of the attorney, the rendering of such legal services would violate the
provisions of the rules regulating the Florida Bar or create a direct conflict of interest between the board
or the county and the attorney.
(Ord. No. 06 -58, § 3, 11 -7 -06)
Sec. 2 -54. - Employees of the county attorney's office.
The county attorney may devise and implement work rules, evaluation criteria, and hiring, promotion,
demotion, discipline, and discharge policies specifically designed for employees of the county
attorney's office with due regard for the attomey /client relationship and professional responsibilities of
the office and the employees thereof. Except as provided herein, all employees of the county attorney's
office shall be entitled to the applicable benefits and prerogatives of county employees, including but
not limited to holidays, vacation, sick leave and compensatory time, retirement and pension system
contribution, merit and cost of living pay increases, insurance benefits, and working conditions, as
those are now or hereafter promulgated in the county's personnel rules.
(Ord. No. 06 -58, § 4, 11 -7-06)
Sec. 2 -55. - Funding.
(a) The board shall appropriate funds as necessary from the general fund or other legally available
funds of the county to employ the county attorney and his or her staff and provide necessary and
reasonable expenses usually associated with the practice of law and the duties authorized in this
article. Such appropriations shall be subject to periodic review and adjustment by the board of county
commissioners.
(b) The county attorney shall have authority to allocate expenses and bill enterprise and revenue
accounts and other entities or agencies when authorized by the board for legal services furnished and
costs incurred, including but not limited to travel, court costs and expenses, and the fees and costs of
expert witnesses, consultants and special or conflict counsel.
(Ord. No. 06 -58, § 5, 11 -7 -06)
Sec. 2 -56. - Authority to settle pertain types of claims for and against the county.
(a) The county attorney, in addition to any authority previously delegated to him, is hereby delegated
authority to negotiate and compromise settlements of routine claims, litigation and administrative
matters, for and against Bay County, with outside parties, and to execute releases and satisfactions of
judgments and other liens. These cases include, but are not limited to:
(1) Attorney's fees and court cost claims arising from actual or potential litigation;
(2) Real property actions, such as eminent domain, inverse condemnation, property and
easement acquisition;
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CHAPTER 21. - ADMINISTRATIVE CODE
ARTICLE IV. - COUNTY ATTORNEY
(3) Contract disputes;
(4) Garnishment actions;
(5) Billing and collection disputes with customers or suppliers of goods and services;
(6) Compromise of bankruptcy claims;
(7) In the context of mortgage foreclosure cases, liens for lot - clearing, code enforcement
violations, other civil fines, and judgments of record;
(8) Mediation settlements of claims or litigation;
(9) Releases of paid assessment and time payment agreement liens;
(10) Claims, suits or demands based on employment or civil rights laws;
(11) Permit fee disputes; and
(12) Tort and workers' compensation claims.
(b) Regarding claims against Bay County, the above - delegated authority is limited to cases or
situations where a claimant has or appears to have plausible allegations and as to which Bay County
has or may have exposure to liability under the law and as to which the amount in controversy does not
exceed $20,000.00.
(c) The county attorney may further delegate the authority granted in this section to members of his
staff, in writing.
(d) The county attorney shall present any proposed settlement of amounts exceeding the above limits
to the board of county commissioners for approval. The county attorney shall also present all proposed
settlements which entail policy questions to the board for approval, regardless of the amount in
controversy.
(e) The county attorney shall include a summary of settlements made under this delegated authority
to the board of county commissioners in his annual report.
(Ord. No. 06 -58, § 6, 11 -7 -06)
Secs. 2- 57 -2 -75. - Reserved.
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PART III - CODE OF ORDINANCES
Chapter 2 -ADMINISTRATION
ARTICLE II. - LAW DEPARTMENT
ARTICLE II. - LAW DEPARTMENT 191
Sec. 2 -12. - Created: full -time emDlovmento unclassified service: office facilities funds Drovidedd County
Attorney as head.
Sec. 2 -13, - County Attorney — Appointment: term: compensation: appointment and removal of assistants
and emplovees. qualifications
Sec. 2 -14. - Same — Duties and functions
Sec. 2 -15. - Limitation on power to compromise confess judgment accept service of process
Sec. 2 -16. - First Assistant County Attorney.
Sec. 2-1 T - Annual report.
Sec, 2-18.-- Records and files
Sec. 2 -19. - Prosecution of violations of County ordinances
Sec. 2 -19.1. - Appropriation of funds for Drosecution of violations of County ordinances
Sec. 2 -20. - Special counsel
Sec. 2 -12. - Created: full -time employment: unclassified service: office facilities; funds Provided:
County Attorney as head.
The County Law Department is hereby created and established under and pursuant to the provisions
of Section 4.06 of the Charter. All personnel of the Department shall devote full time to the service of the
County, and shall be exempt from the classified service. Office facilities for the Department shall be
provided and maintained in the County courthouse. Sufficient funds for the proper operation and
maintenance of the Department shall be provided in the County budget. The department shall be
operated under the direction and supervision of the County Attorney, who shall serve under the
jurisdiction of the County Commission.
Cross reference— Additional provisions excepting attorneys in Department of Law from
classified service, § 2 -41.
Sec. 2 -13. - County Attomev— Appointment• term: compensation: appointment and removal of
assistants and employees: qualifications
There shall be a County Attorney appointed by the County Commission. He shall serve at the will
and under the jurisdiction of the County Commission. The County Commission shall fix the compensation
of the County Attorney. The County Attorney shall be the chief civil law officer of the County and shall be
the Director or head of the Law Department. He shall select, appoint and employ all personnel of the
Department, and shall be responsible for the performance of all duties and functions assigned to the
Department. With approval of the County Commission as to salaries, he shall appoint such Assistant
County Attorneys as may be necessary for the proper and efficient performance of his duties. Subject to
budget provisions, he shall employ such legal secretaries and office personnel as needed for proper
operation of the Department, and fix the compensation of such employees. The County Attorney shall
have the right to discharge, remove and replace any assistants or other personnel of the Law Department
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ARTICLE II. - LAW DEPARTMENT
at any time without cause. The County Attorney and all Assistant County Attorneys shall be members of
The Florida Bar in good standing.
Cross reference— Provisions of rules of procedure of County Commission requiring County
Attorney to prepare ordinances and resolutions, § 2 -1, Rule 1.21; attorneys for Personnel
Advisory Board under supervision of County Attorney, § 2 -36.
Sec. 2 -14. - Same — Duties and functions.
(a) The County Attorney shall be the attorney of record in all civil suits, actions and legal proceedings
wherein the County, County Commission, Manager, departments, boards or County officials or
employees are parties by virtue of their official positions or actions. He shall institute and prosecute
all eminent domain proceedings and other civil suits, actions and legal proceedings authorized by the
County Commission. He shall defend all civil suits, actions and legal proceedings brought against the
County. The County Attorney shall not be required to represent any County official or employee in
respect to their private or personal affairs or actions.
(b) The County Attorney shall serve as legal adviser to the County Commission, Manager, department
heads, County boards, and County officers. When requested, he shall render written legal opinions
on matters relating to County government and the interpretation, construction and meaning of the
constitutional amendment, charter, statutes, ordinances, resolutions and contracts affecting or
pertaining to the County government, and such opinions shall be binding upon, and adhered to by all
appointed County officials or employees, except in the performance of judicial or quasi-judicial
powers of duties. Copies of all written opinions of law rendered by the County Attorney shall be
furnished to the Chairman of the County Commission and the Manager.
(c) The County Attorney shall prepare, or review and approve as to form and legal sufficiency, all
County ordinances, resolutions, deeds, contract documents and other legal instruments affecting or
pertaining to the County, or in which the County is a party.
(d) The County Attorney, or an Assistant County Attorney, shall attend and be present during all regular
and special meetings of the County Commission. When requested, he shall attend meetings of
special committees of the County Commission, and meetings of County boards.
(e) The County Attorney shall represent the County and department heads in hearings or trials before
the Personnel Advisory Board in appeals taken by County employees under the provisions of the
Larger Counties Civil Service Act, codified herein as Article IV of this chapter.
(f) The County Attorney shall perform all duties and functions imposed by general or special laws upon
County Attorneys; and he shall perform such other legal duties as may be assigned by the County
Commission.
(Ord. No. 70 -91, § 1, 12 -1 -70)
Sec. 2 -15. - Limitation on power to compromise, confess judgment, accept service of
process.
The County Attorney shall not compromise, settle or adjust any claims, debts, demands or causes of
action in favor of or against the County, or offer to confess judgment against the County, without prior
approval of the County Commission or, to the extent he possesses settlement authority, the County
Manager or his designee; nor shall the County Attorney accept service of process in any suit or action
brought against the County; provided, that this section shall not be construed to limit the discretion of the
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Chapter 2 - ADMINISTRATION
ARTICLE II. - LAW DEPARTMENT
County Attorney in the proper conduct of the trial of any action, suit or proceeding, nor deprive him of the
powers and privileges ordinarily exercised in judicial proceedings by attorneys acting for private clients.
(Ord. No. 78 -84, § 2, 11- 21 -78)
Sec. 2 -16. - First Assistant County Attorney.
The County Attorney shall designate a First Assistant County Attorney, and during the absence or
disability of the County Attorney such First Assistant County Attorney shall be vested with all powers and
shall perform all duties and functions of the County Attorney; and in event the Office of County Attorney
becomes vacant by death, resignation or other cause the First Assistant County Attorney shall act and
serve as County Attorney until such time as the County Commission shall appoint a successor. The First
Assistant County Attorney shall perform such other duties as may be assigned to him by the County
Attorney.
Sec. 2 -17. - Annual report.
The County Attorney shall prepare and submit to the County Commission annually a written report
concerning the work and activities of the Law Department.
Sec. 2 -18. - Records and files.
The County Attorney, upon his resignation or removal, shall surrender forthwith to his successor in
office all records and files in his possession belonging to the County or relating to the legal affairs of the
County, together with a written consent of substitution of his successor in all suits, actions or legal
proceedings then pending and undetermined in which the County is a party. All records of the Law
Department, except the work products of the County Attorney or his assistants in pending litigation, shall
be public records.
Sec. 2 -19. - Prosecution of violations of County ordinances.
All prosecutions for violations of any County ordinance punishable by fine or imprisonment shall be
conducted by the State Attorney, and the County Attorney shall not be responsible for the handling of any
criminal prosecutions on behalf of the County.
Sec. 2 -19.1. - Appropriation of funds for prosecution of violations of County ordinances.
The Board hereby appropriates the funding to pay the salary of one (1) Assistant State Attorney
whose sole function shall be to prosecute violations of special laws or ordinances of the County. The
County Manager is hereby directed to make the funds hereby appropriated available to the State Attorney
of the Eleventh Judicial Circuit on a continuing basis.
(Ord. No. 78-67, §§ 1, 2, 10- 17 -78)
Editor's note—
Ord. No. 78 -67, §§ 1, 2, adopted Oct. 17, 1978, did not expressly amend the Code; hence, inclusion
herein as 4 2 -19.1 is at the discretion of the editor.
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Chapter 2 - ADMINISTRATION
ARTICLE It. - LAW DEPARTMENT
State law reference— Salaries and other related costs of State Attorneys' offices, authority of
County to appropriate funds, F.S. § 27.34(1).
Sec. 2 -20. - Special counsel.
The County Commission may employ special counsel for specific needs of the County. The County
Attorney shall not be responsible for the performance of any duties assigned to such special counsel. All
special counsels shall serve under the direction and supervision of the County Commission. The
compensation fixed and paid for services of special counsel shall not be included in the budget for the
Law Department.
Cross reference— Attorneys employed by County excepted from classified service, § 241.
FOOTNOTE(S):
(9) Annotations —AO's 2 -2, 9 -1 Back
(9) Charter reference— Department of Law, § 4.06. Back
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COUNTY CODE
Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
DIVISION 3. - COUNTY ATTORNEY
DIVISION 3. - COUNTY ATTORNEY
Sec. 2 -50. - Position created: nature of position: term of office
Secs. 2- 51 -2 -65. - Reserved.
Sec. 2 -50. - Position created; nature of position; term of office.
There shall be a county attorney appointed by majority vote of the board of county commissioners
whose term of office shall be at the pleasure of the board. The county attorney shall supervise the office
of county attorney, including assistant county attorneys and support staff. The county attorney may
employ, suspend, discharge or remove assistant county attorneys and support staff subject to budget
approval and pursuant to the county personnel rules. Special counsel, as may be required, may only be
appointed upon approval of the board. The county attorney shall report and be responsible directly to
the board of county commissioners. The office of the county attorney shall provide legal services to the
board of county commissioners, and such other county departments, boards, agencies, and
commissions as directed by the board of county commissioners. The county attorney shall be admitted
to practice law in the state. The compensation of the county attorney shall be established by the board
of county commissioners.
(Ord. No. 92-49, § 1, 10- 13 -92)
Secs. 2 -51 -2-65. - Reserved.
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LAKE COUNTY CODIFICATION
Chapter 2 - ADMINISTRATION
ARTICLE VI. - COUNTY ATTORNEY
ARTICLE VI. - COUNTY ATTORNEY t153
(del Editor's note— Ord. No, 1990 -6, §§ 1 -7, adopted Mar. 6, 1990, amended the Code but did not specify the
manner of inclusion; thus, said ordinance has been codified herein as Art. VI, §§ 2- 101 -2 -107.
Sec. 2 -101. - Legislative intent.
Sec. 2 -102. - Establishment of office.
Sec. 2 -103. - Authority to emolov.
Sec. 2 -104. - Professional oualifications.
Sec. 2 -105. - Powers.
Sec. 2 -106. - Duties and responsibilities.
Sec. 2 -107. - Conditions of emplovment.
Secs. 2 -108 -2 -220. - Reserved.
Sec. 2 -101. - Legislative intent.
It is the intent of the board of county commissioners to establish the position of county attorney in order
to implement the provisions of F.S. § 125.01(1)(b). The board of county commissioners wishes to
enumerate the minimum professional qualification for the county attorney and the general powers,
duties and responsibilities of the county attorney.
(Ord. No. 1990 -6, § 1, 3 -6 -90)
Sec. 2 -102. - Establishment of office.
The office of county attorney for Lake County, Florida, is hereby created.
(Ord. No. 1990 -6, § 2, 3 -6 -90)
Sec. 2 -103. - Authority to employ.
(a) The board of county commissioners of Lake County, Florida, is hereby authorized to employ a
county attorney. The county attorney shall be employed by, shall work for and shall answer directly to
the board of county commissioners.
(b) The county attorney shall be appointed by an affirmative vote of not less than three (3) members
of the board of county commissioners, and the board of county commissioners shall set out the
conditions of the county attorney's employment.
(c) The board of county commissioners may employ a full -time or part-time in -house county attorney,
enter into a contractual relationship with a private attorney to act as county attorney or establish any
other arrangement that meets the needs of Lake County.
(Ord. No. 1990 -6, § 3, 3 -6 -90)
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Chapter 2 - ADMINISTRATION
ARTICLE VI. - COUNTY ATTORNEY
Sec. 2 -104. - Professional qualifications.
The county attorney shall be licensed to practice law in the State of Florida. The county attorney shall
have a minimum of ten (10) years of experience as a practicing attorney with at least a minimum of five
(5) years as a practicing attorney within the State of Florida.
(Ord. No. 1990 -6, § 4, 3 -6 -90)
Sec. 2 -106. - Powers.
The county attorney's powers shall include but shall not be limited to the following:
(1) Chief legal counsel to the board of county commissioners and Lake County.
(2) Supervise the office of the county attorney and employ assistant county attorneys and
support staff.
(3) Employ outside counsel when deemed necessary by the county attorney upon approval by
the board of county commissioners.
(Ord. No. 1990 -6, § 5, 3 -6 -90)
Sec. 2 -106. - Duties and responsibilities.
The duties and responsibilities of the county attorney shall include but shall not be limited to the
following:
(1) Advise and represent the board of county commissioners in all legal matters relating to Lake
County.
(2) Defend the board of county commissioners and Lake County in any and all suits, actions at
law or equity or administrative proceedings brought against Lake County.
(3) Prosecute and represent the board of county commissioners and Lake County in any and all
suits, actions at law or equity or administrative proceedings initiated at the direction of the board of
county commissioners.
(4) Advise and represent Lake County advisory, regulatory and adjustment boards as directed
by the board of county commissioners.
(5) Advise and represent the county manager, division and department heads and county
officers on legal matters.
(6) Draft proposed legislation at the direction of the board of county commissioners or request of
the county manager.
(7) Draft or review any contract, lease or other legal document or instrument to which Lake
County may be a party or has an interest.
(8) Represent the constitutional officers serving Lake County upon request and at the direction
of the board of county commissioners.
(9) Render any other legal services as may be required by the board of county commissioners
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Chapter 2 - ADMINISTRATION
ARTICLE VI. - COUNTY ATTORNEY
(Ord. No. 1990 -6, § 6, 3 -6 -90)
Sec. 2 -107. - Conditions of employment
The conditions of employment of the county attorney may include, but are not limited to, the following:
(1) The compensation of the county attorney shall be fixed by the board of county
commissioners.
(2) The county attorney need not be a resident of Lake County at the time of appointment,
however, during his or her tenure in the position, he or she shall reside within Lake County.
(3) The office of the county attorney shall be deemed vacant if the incumbent moves his or her
residence from Lake County, or is, by termination, resignation, death, illness, or other casualty,
unable to continue in office. A vacancy in the office shall be filled in the same manner as stated in
section 2- 103(c).
(4) The board of county commissioners may appoint an interim or acting county attorney in the
case of vacancy, temporary absence, or disability, until a successor has been qualified and
appointed, or the county attorney returns.
(5) The board of county commissioners may waive the minimum qualifications for an interim
county attorney. However, individuals occupying the position of interim or acting county attorney
shall be licensed to practice in the State of Florida and shall be capable and competent, within the
discretion of the board of county commissioners, of performing the duties and responsibilities of
the position in an effective and efficient manner.
(6) The county attorney may be removed at any time by an affirmative vote of three (3) members
of the board of county commissioners.
(Ord. No. 1990 -6, § 7, 3 -6 -90; Ord. No. 1995 -2, § 1, 1- 17 -95)
Secs. 2 -108 -2 -220. - Reserved.
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Chapter 180 - OFFICERS AND EMPLOYEES
PART 3. -COUNTY ATTORNEY
PART 3. - COUNTY ATTORNEY am
Sec. 180.21. - Minimum qualifications of the county attorney.
Sec. 180.22. - Responsibilities of the county attorney.
Secs. 180.23- 180.30. - Reserved
Sec. 180.21. - Minimum qualifications of the county attorney.
The minimum qualifications for the county attorney are:
(a) Graduation from an accredited school of law.
(b) Be a member in good standing of the Florida Bar.
(c) - Five years experience in professional legal work.
(d) Considerable knowledge of principles and practice of civil law, methods and practices of
pleading and of effective techniques in presentation of cases in court, and the state statutory
and constitutional law with an emphasis on local government law.
(e) Ability to write legal instruments, propose legislation, provide legal opinions and present such
material orally.
(f) Must be able to analyze and evaluate a variety of legal documents and instruments, supervise,
direct and provide technical guidance to subordinate personnel who are assigned professional,
technical and clerical legal duties.
(Ord. No. 89 -28, § 3,12-12-89)
Sec. 180.22. - Responsibilities of the county attorney.
The County Attorney shall be the chief legal counsel to the County and shall be the head of the
County Attorney's Office. The County Attorney's Office shall serve the Board of County Commissioners,
County Manager and County Departments, in all legal matters affecting county government; and, upon
authorization of the Board of County Commissioners, the office shall provide such legal services to the
Constitutional Officers of Seminole County, Seminole County Expressway Authority, and other
government entities, boards or commissions as they may request.
(Ord. No. 89 -28, § 4, 12- 12 -89)
Secs. 180.23- 180.30. - Reserved.
FOOTNOTE(S):
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PART 3. - COUNTY ATTORNEY
(137) Cross reference— Section 2.4, Seminole County Home Rule Charter. Back
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Title 2 - ADMINISTRATION
CHAPTER 21. - ADMINISTRATIVE CODE
ARTICLE IV. COUNTY ATTORNEY
ARTICLE IV. - COUNTY ATTORNEY IM
(8) Cross reference— Courts, ch. 123; special acts pertaining to circuit court, ch. 272; special acts pertaining to
law library, ch. 273.
Sec. 21.40. - Appointment: removal: aualifications
Sec. 21.41. - Duties: responsibilities.
Sec. 21.42. - Special attorneys
Sec. 21.43. - Compensation.
Sec. 21.40. - Appointment; removal; qualifications.
The county attorney shall be appointed or removed by the board of county commissioners. The county
attorney shall be a member in good standing of the Florida Bar and, in addition, be admitted to practice
before the United States District Court for the Northern District.
(Ord. No. 90 -2, § 9, 1- 23 -90; Ord. No. 91 -16, § 9, 9- 24 -91)
Sec. 21.41. - Duties; responsibilities.
The county attorney shall be the attorney both for the board of county commissioners, the legislative
branch, and the county manager, the executive branch, except as may otherwise be provided by
ordinance or resolution. The duties and responsibilities of the county attorney shall include:
(a) Providing advice and representation for the legislative branch.
(b) Providing advice and representation for the executive branch.
(c) Providing advice and representation for officers created under article VIII, section 1(d), of the
Florida Constitution, if requested by such officers.
(d) Providing advice and representation for the various boards, departments, committees, or
agencies created by the legislative branch, or similar agencies or organizations created by
legislative action of the state legislature where the county attomey is designated to provide
representation.
(e) Prosecute and defend all legal actions by and against the county as approved by the board;
provided, however, the county attorney is authorized and directed to take such action on behalf of
the county as to protect the rights of the county in any legal action, pending an opportunity to
request required approval of the board.
(f) Settling, adjusting or compromising affirmative claims on behalf of Alachua County, Florida,
either before or after suit is filed, when the amount of the claim does not exceed $7,500.00. The
county attorney shall file, on a quarterly basis, a report with the board of county commissioners
reflecting the number of claims settled pursuant to this section and the monetary amount of
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(g) Select and employ a deputy county attorney, assistant county attorneys, attorneys, and other
law clerks, paralegals, and clerical positions as are required to properly perform the duties of the
office of county attorney and as are funded by the budget adopted by the board.
(Ord. No. 90 -2, § 10, 1- 23 -90; Ord. No. 91 -16, § 10, 9- 24 -91; Ord. No. 93 -25, § 1, 8- 17 -93)
Sec. 21.42. - Special attorneys.
Special attorneys shall be appointed only for the purposes and in the manner prescribed in this section.
(a) Special attorneys to the board may be appointed by ordinance or resolution, providing a
description of the duties to be performed and the compensation to be paid.
(b) Special attorneys may be appointed to represent the county in legal actions involving specific
matters, subject to approval by the board. Such approval shall be by motion.
(c) Bond counsel shall be selected and appointed by the board from one or more qualified
names submitted to the board by the county attomey and the county manager.
(Ord. No. 90 -2, § 11, 1- 23 -90; Ord. No. 91 -16, § 11, 9- 24 -91)
Sec. 21.43. - Compensation.
The board shall fix the compensation to be paid to the county attorney, and the county attorney shall
determine the compensation to be paid to the deputy county attorney and each assistant county
attorney from funds appropriated for such purpose by the board.
(Ord. No. 90 -2, § 12, 1-2135-90; Ord. No. 91 -16, § 12, 9- 24 -91)
(8) State Law reference— Power of county commissioners to provide for the prosecution and defense of legal causes
and retain counsel and set their compensation, F.S. § 125.01(1)(b). (Back)
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Sec. 4.02. - County attorney.
(a) There shall be a county attorney selected by the board of county commissioners who shall serve
at the pleasure of the board. The office of county attorney shall not be under the direction and control of
the county administrator but shall instead be responsible directly to the board of county commissioners.
(b) The county attorney shall be an attorney licensed to practice law in the State of Florida for at least
three (3) years. Upon appointment, he shall be employed full time by said county. The county attorney
shall employ such assistant county attorneys and special assistant county attorneys, on either a
full -time or part-time basis, as may be necessary, upon approval of the board of county commissioners.
(c) The office of county attorney shall be responsible for the representation of county government, the
board of county commissioners, the county administrator, constitutional officers and all other
departments, divisions, regulatory boards and advisory boards of county government in all legal matters
relating to their official responsibilities. The office of county attorney shall prosecute and defend all civil
actions for and on behalf of county government and shall review all ordinances, resolutions, contracts,
bonds and other written instruments.
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VOLUME I - CHARTER OF PALM BEACH COUNTY, FLORIDA
ARTICLE IV. - COUNTY OFFICES
Sec. 4.3. - Office of the county attorney.
There shall be a county attorney selected by the board of county commissioners who shall serve at
the pleasure of the board. The office of county attorney shall not be under the direction and control of the
county administrator, but shall instead be responsible directly to the board of county commissioners.
The Palm Beach County Attorney shall be an attorney licensed to practice law in the State of Florida
for at least three (3) years. Upon appointment he /she shall be employed full time by said county. The
county attorney shall employ such assistant county attorneys and special assistant county attorneys, on
either a full -time or part-time basis, as may be necessary, subject to budget approval.
The office of county attorney shall be responsible for the representation of Palm Beach County, the
board of county commissioners, the county administrator, and all other departments, divisions, regulatory
boards and the advisory boards of county government in all legal matters relating to their official
responsibilities. The office of county attorney shall prosecute and defend all civil actions for and on behalf
of Palm Beach County and the board of county commissioners, and shall review all ordinances,
resolutions, contracts, bonds, and other written instruments.
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Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
DIVISION S. - COUNTY ATTORNEY
DIVISION 5. - COUNTYATTORNEY
Sec. 2 -175. - Establishment of the county attomey's office
Sec. 2 -176. - Minimum qualifications for appointment as county attorney.
Sec. 2-177.-- Employment status of the county attorney: vacancy in position
Sec. 2 -178. - Assistant county attorney
Sec. 2 -179. - Duties of the county attorney.
Sec. 2 -180. - Employment of outside counsel
Sec. 2 -181. - Office management and support staff.
Sec. 2 -182. - County attorney to immediately defend all actions against the county.
Sec. 2 -183. - Defense of civil actions against the county attorney or assistant county attorney..
Sec. 2 -184. - Settlement of claims and litigation
Sec. 2 -185. - Settlement of code enforcement and other liens.
Sec. 2 -186. - Recoupment of attorneys' fees and costs
Secs. 2- 187 -2 -2 -189. - Reserved
Sec. 2 -175. - Establishment of the county attorney's office.
There is hereby established the office of the county attorney. The office of the county attorney shall
be directly responsible to the board of county commissioners (the board), and shall be independent of
and not subject to the supervision or authority of the county administrator. All prior actions of the board
relating to the office of the county attorney are hereby ratified and reaffirmed.
(Code 1979, § 2 -354; Ord. No. 039 -2D04, § 1)
Sec. 2 -176. - Minimum qualifications for appointment as county attorney.
(a) The county attorney, at the time of appointment, shall have been a member in good standing of the
Florida Bar for ten years or more immediately prior to appointment as county attorney, with at least
three years experience during those ten years, in local government law (county, municipal, special
purpose district, or school district), environmental law, administrative law, labor and employment law,
or any combination thereof.
(b) The county attorney shall be appointed by an affirmative vote of not less than three members of the
board.
(c) The county attorney need not be a resident of the county at time of appointment, but during tenure in
the position shall be a full -time resident of the county.
(Code 1979, § 2 -355; Ord. No. 039 - 2004, § 1)
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Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
DIVISION S. - COUNTY ATTORNEY
Sec. 2 -177. - Employment status of the county attorney; vacancy in position.
(a) The county attorney shall serve at the will and pleasure of the board.
(b) The county attorney is a direct employee of the board, and responsible only to the board.
(c) The county attorney is not subject to the provisions of Laws of Fla. ch. 69 -1321 (the Monroe County
Career Service Act), but must be employed pursuant to a written employment contract mutually
agreed to by the county attorney and the board, The contract must, at a minimum, contain provisions
for the following:
(1) The term of the contract, that must be a minimum of four years;
(2) The initial salary together with the basis for any increases in salary, travel allowance, and other
benefits;
(3) Vacation leave and sick leave if different from that provided in the county personnel policies;
and
(4) Termination of employment with or without cause.
(d) For purposes of the Florida Retirement System, F.S. ch. 121, the position of county attorney shall be
designated and maintained as a senior management service class position consistent with the
provisions of F.S. § 121.055.
(e) The position of county attorney shall be deemed vacant if the incumbent:
(1) Dies;
(2) Is removed by action of the board of county commissioners;
(3) Resigns;
(4) Moves his residence from the county; or
(5) Is unable to continue in office due to illness or other casualty for a period of 90 days or more.
(f) If the position becomes vacant, the board shall designate an attorney to serve as interim county
attorney until a successor has been duly appointed or employed.
(Code 1979, § 2 -356; Ord. No. 039 -2004, § 1)
Sec. 2 -178. - Assistant county attorneys.
The county attorney shall be responsible for overseeing and approving the selection, hiring,
supervising, disciplining, and termination of all assistant county attorneys. Assistant county attorneys who
have successfully completed the probation period set forth in the county personnel policies shall be
career service employees under Laws of Fla. ch. 69 -1321 or other applicable local, state, or federal
ordinance or law. The number of assistant county attorneys to be employed to carry out the duties of the
office of county attorney shall be as deemed necessary by the county attorney, subject to the budgetary
approval of the board. Each assistant county attorney shall be a member in good standing of the Florida
Bar and shall remain a member in good standing during the term of his employment.
(Code 1979, § 2 -357; Ord. No. 039 -2004, § 1)
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Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
DIVISION S. - COUNTY ATTORNEY
Sec. 2 -179. - Duties of the county attorney.
(a) The county attorney shall represent the board as the board's county attorney, and either personally
or through one or more assistant county attorneys or selected outside counsel:
(1) Provide legal advice concerning county business to the board when the board is in public
session and to individual commissioners upon request or when the county attorney deems it
advisable to do so;
(2) Provide legal advice concerning county business to the county administrator, division directors
and department heads when requested or when the county attorney deems it advisable to do
so, provided legal advice shall be furnished according to such procedures the county attorney
may deem necessary to ensure the consistency and quality of advice provided;
(3) Provide legal advice, when legally and ethically permitted, to the administrative and advisory
commissions and committees established by the board concerning the official duties and
responsibilities of those commissions and committees;
(4) Cause to be prosecuted and defended all causes of actions on behalf of the board and county
regardless of whether such action is legal, equitable or administrative in nature; or whether civil,
criminal, or a violation of ordinance, to include litigation at both the trial and appellate levels,
administrative hearings and appeals, mediation, and labor arbitration appeals in which the
county, the board, or a county department or agency under the jurisdiction of the board is party;
and including prosecution of code enforcement cases before the code enforcement board, a
code enforcement special magistrate, or in county court;
(S) Provide for the defense of all current and former county officers and employees in their personal
and official capacities, against any noncriminal action, regardless of whether the action is legal,
equitable or administrative in nature, arising out of an act, or omission, undertaken or omitted in
the course of the officer's or employee's county duties or employment, when authorized to do so
by the board;
(6) Review and, if authorized by law, object to payments to conflict counsel and expert witnesses in
criminal cases, and the release of sureties from the obligations of bail bonds, to the extent that
such review is the responsibility of the county by state general or special law;
(7) Provide a report at each regular board meeting listing ongoing litigation and the nature thereof,
together with other legal matters that the county attorney deems advisable to bring to the
attention of the board;
(8) Enter into agreements with the state attorney and public defender relating to the prosecution
and defense of county ordinance violations, and enter into agreements with municipalities
relating to the prosecution of city ordinance violations;
(9) Coordinate the preparation and codification of county ordinances and establish procedures,
formats, and processes for initiating, revising, and finalizing proposed ordinances to be
submitted to the board of county commissioners for adoption;
(10) Attend all meetings of the board of county commissioners; and
(11) Perform such other lawful duties as the board may direct or as may be provided for elsewhere
in this Code.
(b) The office of the county attorney may provide legal advice to other county constitutional officers but
only to the extent that no conflict or potential conflict exists between the other constitutional officer
and the board with respect to the subject upon which the other constitutional officer seeks advice.
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Chapter 2 - ADMINISTRATION
ARTICLE III. - OFFICERS AND EMPLOYEES
DIVISION S. - COUNTY ATTORNEY
(c) The county attorney and assistant county attorneys may not undertake the legal representation of
private clients or provide legal advice to private clients, without regard to whether such
representation or advice is provided in exchange for a fee or is provided on a pro bono basis, unless
the board of county commissioners grants an exception specific to the attorney on a case -by -case
basis for the purpose of allowing the attorney to handle legal matters for family members, and only if
the matter would not create a conflict of interest If a particular matter requires attention prior to the
next county commission meeting, the attorney may provide legal services to a family member only
on matters that the county attorney deems not to be a conflict of interest with the legal interests of
the county after receiving temporary approval of the request from the county mayor. The county
attorney's office shall place an item on the agenda for the next commission meeting, regardless of
whether the agenda deadline has passed, for consideration of the request by the board.
(d) During the term of employment, the annual costs and fees assessed by the Florida Bar to maintain
membership in good standing in the Florida Bar and the local government section of the Florida Bar
shall be paid by the county on behalf of the county attorney and each assistant county attorney.
(Code 1979, § 2 -358; Ord. No. 039 -2004, § 1; Ord. No. 009 -2009, § 1)
Sec. 2 -180. - Employment of outside counsel.
When the county attorney determines that the best interests of the county would be served by using
the expertise of outside counsel, the county attorney shall request that the board retain the outside
counsel recommended by the county attorney. If the board concurs with the county attorney's
recommendation, then the board shall retain the outside counsel through a 'standard engagement
contract prepared by the county attorney and approved by the board. The engagement contract must
contain, at a minimum, a description of the legal services to be provided and the fee, or basis of the fee,
to be paid for such services. No fee may be paid to outside counsel without the review and approval of
the county attorney or the county attorney's designee.
(Code 1979, § 2 -359; Ord. No. 039 -2004, § 1)
Sec. 2 -181. - Office management and support staff.
(a) Personnel. The county attorney shall be responsible for overseeing and approving the selection,
hiring, supervising, disciplining, and termination of all staff and support personnel of the office of
county attorney and shall employ such staff and support personnel that the county attorney
determines are needed to cant' out the duties of the office, subject to the budgetary approval of the
board. Staff and support personnel who have successfully served the probation period set forth in
the county personnel policies shall be career service employees under Laws of Fla. ch. 69 -1321.
(b) Rules and procedures. The county attorney may establish such reasonable rules and procedures for
the management of the county attorney's office and office personnel that the county attorney deems
necessary, provided that the rules and procedures do not conflict with Laws of Fla. ch. 69 -1321, or
other applicable state or federal laws.
(c) Specialization. In order to encourage, promote, and maintain special expertise in local government
law, the board recognizes that The Florida Bar, under the aegis of the Florida Supreme Court, has
adopted a special certification program for attorneys in city, county, and local government law, and
that it would be to the benefit of county government to have such specially certified attorneys in the
county attorney's office. Accordingly, each county attorney and assistant county attorney shall
receive the sum of $250.00 per month for each month in which he obtains and maintains certification
in city, county, and local government law.
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(Code 1979, § 2 -360; Ord. No. 039 -2004, § 1)
Sec. 2 -182. - County attorney to immediately defend all actions against the county.
The county attorney has the authority to immediately defend any action against the county without
first seeking board approval. The county attorney shall advise the board of the action at the next available
board meeting (subject to the notice requirements of F.S. § 286.011(8), if a closed meeting is to be used).
(Code 1979, § 2 -361; Ord. No. 039 -2004, § 1)
Sec. 2 -183. - Defense of civil actions against the county attorney or assistant county
attorney.
(a) The county shall provide an attorney to defend any civil action arising from a complaint for damages
or injury suffered as a result of any act or omission of action of the county attorney or any assistant
county attorney arising out of and in the course and scope of his employment or function, unless, in
the case of a tort action, the county attorney or assistant county attorney acted in bad faith, with
malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or
property. Defense of such civil action includes, but is not limited to, any civil rights lawsuit seeking
relief personally against the county attorney or assistant county attorney for an act or omission under
color of state law, custom, or usage, wherein it is alleged that such county attorney or assistant
county attorney has deprived another person of rights secured under the Federal Constitution or
laws. Legal representation of the county attorney or an assistant county attorney shall be provided by
outside counsel selected by the county administrator with the consent of the county attorney. Any
attorney's fees paid from county funds on behalf of the county attorney or assistant county attorney
who is found to be personally liable by virtue of acting outside the scope of his employment or was
acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property, may be recovered by the county in a civil action against the county
attorney or assistant county attorney, as appropriate.
(b) Payments for any judgments and settlements arising out of an act or omission of the county attorney
or assistant county attorneys shall be made by the county pursuant to F.S. § 111.071.
(c) The provisions of this section shall be applicable to retired or former county attorneys and assistant
county attorneys, for the acts and omissions described in subsection (a) of this section that occurred
when such individuals were employed by the county.
(Code 1979, § 2 -362; Ord. No. 039 -2004, § 1)
State law reference— Defense of civil actions against public officers, employees or agents, F.S.
§ 111.07.
Sec. 2 -184. - Settlement of claims and litigation.
The county attorney shall have the authority to settle any claim made by or against the county and
settle on behalf of the county any lawsuit in which the county is a party. Settlement authority may be
exercised under the following conditions:
(1) By the county attorney, in his judgment, when the settlement value or amount to be paid or
received by the county does not exceed $15,000.00;
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(2) By the county attorney, with the written concurrence of the county administrator, when the
settlement value or amount to be paid or received by the county is in excess of $15,000.00 and
does not exceed $25,000.00; and
(3) By the county attorney, with prior approval of the board lawfully authorized at a public meeting
of the board, where the settlement value or amount to be paid or received by the county is in
excess of $25,000.00.
(Code 1979, § 2 -363; Ord. No. 039 -2004, § 1; Ord, No. 026 -2005, § 1)
Sec. 2 -185. - Settlement of code enforcement and other liens.
The county attorney shall have the authority to compromise or settle any code enforcement lien or
other lien imposed in favor of the county that has been imposed pursuant to law. Such settlement or
compromise shall be upon such terms and conditions, and in such amount, as the county attorney deems
just and appropriate under the particular circumstances. If a settlement or compromise is agreed to by the
person or entity legally obligated to pay the lien, the county attorney may execute, on behalf of the
county, any document that may be required for recording in the public records of the county to satisfy or
release the lien as imposed. If no agreement can be reached, the matter shall be placed by the county
attorney on the agenda of a scheduled public meeting of the board of county commissioners as an action
item.
(Code 1979, § 2 -364; Ord. No. 039 -2004, § 1)
Sec. 2 -186. - Recoupment of attorneys' fees and costs.
In all proceedings in which the county may have the right under federal or state statutory or case law,
or by contract, to seek reimbursement for attorney's fees, charges, or other costs incurred by the county
attorney's office personnel, the county attorney shall actively pursue obtaining a judgment in favor of the
county for such fees, charges, and costs. The basic hourly rates for services rendered by county
attorney's office attorneys and staff for which reimbursement is sought shall be established from time to
time by resolution adopted by the board of county commissioners, after a public hearing.
(Code 1979, § 2 -365; Ord. No. 039 -2004, § 1)
Secs. 2- 187 -2 -2 -189. - Reserved.
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PART II - MANATEE COUNTY CODE OF ORDINANCES
Chapter 2 -2 -ADMINISTRATION
ARTICLE II'/2. - COUNTY ATTORNEY
ARTICLE II' /z. - COUNTY ATTORNEY 1371
137) Editor's note— Ordinance No. 02 -63, adopted Dec. 3, 2002, amended Ord. No. 94-08, which had been
codified as § 2 -2 -30 et seq., in its entirety to read as codified below. Former §§ 2- 2- 30- 2 -2 -34 pertained to the
same subject matter.
Sec. 2 -2 -30. - Office of the county attorney established
Sec. 2 -2 -31 - County attorney position
Sec. 2 -2 -32. - Duties.
Sec. 2 -2 -33. - Employees of the county attorney's office
Sec. 2 -2 -34. - Fundina.
Sec. 2 -2 -35. - Authority to settle certain types of claims for and aaainst the county.
Sec. 2 -2 -30. - Office of the county attorney established.
There shall be a county attorney's office, which shall be a professional law office comprehensively
serving the legal needs of the board of county commissioners as the governing body of Manatee
County. The office shall consist of the county attorney, who shall be head of the office, together with
such chief assistant county attorneys and other deputy, assistant, and associate county attorneys, legal
administrators, paralegals, law clerks, legal interns, legal secretaries, clerks, assistants and other
employees as may from time to time be determined by the county attorney to be necessary, authorized
by the board of county commissioners and appointed by the county attorney subject to budget
limitations.
(Ord. No. 02 -63, § 1, 12 -3 -02)
Sec. 2 -2 -31. - County attorney position.
(a) Recruiting for the position of county attomey shall be in such manner as may be determined by
the board.
(b) The county attorney shall be retained by written contract negotiated with and approved by the
board, which contract may, to the extent not inconsistent with this ordinance and other applicable
provisions of law, set out the terms and conditions of employment and removal and specify any
additional powers and duties delegated or assigned to the county attorney.
(c) The county attorney shall be and shall remain duly authorized to practice law in the State of
Florida. The county attorney shall be qualified to serve as chief legal counsel to the board and
administrative head of the office of county attorney with at least five (5) years experience in local
government law or equivalent, and such other experience as determined by the board.
(d) The county attorney need not be a resident of the county at the time of appointment, but during
the attorney's tenure in office shall reside within the county.
(e) The position of county attorney shall be deemed vacant if the incumbent is removed, resigns,
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becomes ineligible to practice law in Florida, moves his or her residence from the county or is, by
death, illness, or other casualty, permanently unable to continue in office. In the case of vacancy or
temporary absence or disability, until a successor has been appointed or the county attorney returns,
the chief assistant county attorney or in his or her absence, any other deputy or assistant county
attorney designated by the county attorney, shall serve as the interim county attorney.
(Ord. No. 02 -63, § 2, 12 -3 -02)
Sec. 2 -2 -32. - Duties.
(a) The county attorney shall be responsible for representing, and is hereby authorized to represent
the board as its county attorney. The county attorney shall provide or oversee all legal services required
to protect the interests of the county, including management and participation in all litigation in which
the county is a party or in which the county's interests are, or may be, affected. Additionally, the county
attorney shall render legal advice to the board, the county administrator, and to departments and
agencies under the jurisdiction of the board, and perform other legal services and administrative
responsibilities as described elsewhere herein. The duties, responsibilities, and authority of the county
attorney shall include, without limitation:
(1) Employing, managing, and supervising the conduct of all employees of the county attorney's
office, including the risk management division thereof.
(2) Coordinating with the county administrator and various departments and offices under his or
her jurisdiction, regarding all matters affecting and implicating overall county administration,
including, without limitation, budgetary, personnel, and procurement matters.
(3) Providing legal advice and counsel to, and legal representation of, the board, other
subordinate boards or commissions, and the departments, agencies, personnel, and officers
serving under the board on matters pertaining to the business of the county or in connection with
the duties of the department, agency, personnel, or office.
(4) Representing the county and its interests or supervising the representation of the county and
its interests in all litigation, administrative proceedings, mediations, arbitrations, appeals,
alternative dispute resolution proceedings, judicial proceedings and related negotiations in which
the county, the board, subordinate boards or commissions, or any officer or employee under the
board of county commissioners acting in the course and scope of his or her office or employment,
is a party and any other adversarial proceedings affecting the interest of the county.
(5) Advising and providing recommendations to the board regarding the need for the selection of
any special or conflict counsel to be retained to provide legal representation in specified matters.
(6) Supervising, monitoring, reviewing, approving, and coordinating, as appropriate, the
representation, services, compensation, expenses, and work of outside attorneys employed
pursuant to subsection (5) above.
(7) Providing supervision, monitoring, and coordination of the risk management division and the
operation of risk management and claims administration, including workers' compensation,
general and property liability and safety, and related issues assigned by the county attorney,
together with administration of the self- insurance ordinance and any amendments thereof.
(8) Such other duties as may be prescribed from time to time by the board of county
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ARTICLE 11 %. - COUNTY ATTORNEY
commissioners with the consent of the county attorney
(b) At the direction of the board of county commissioners, the county attorney is hereby authorized to
represent any other separate agency, legal entity, or governing body comprised of the county
commissioners. The responsibility and authority of the county attorney and the services provided by
him or her when serving as attorney for such separate agency, legal entity, or governing body shall be
consistent with the terms of this article.
(c) Upon direction of the board and with the consent of the county attorney, the county attorney may
provide legal advice and counsel to and representation of one or more of the constitutional officers of
Manatee County or other state or local governmental office, unit, or entity where necessary and
appropriate to protect the county's interest and welfare and as may be authorized by law or interlocal
agreement.
(d) Nothing herein contained shall be construed as requiring the county attorney or any attorney in his
or her employ to render legal services in any particular circumstance where, in the professional
discretion and judgment of the attorney, the rendering of such legal services would violate the
provisions of the rules regulating the Florida Bar or create a direct conflict of interest between the board
or the county and the attorney.
(Ord. No. 02 -63, § 3, 12 -3 -02)
Sec. 2 -2 -33. - Employees of the county attorney's office.
Beginning one year from the effective date of this article, all employees of the county attorney's office
shall be at -will employees subject to discharge by the county attorney without cause and without
entitlement to termination hearings or process. No employee of the county attorney's office shall have a
property interest in his or her employment. Beginning on the effective date of this article, the county
attorney may devise and implement work rules, evaluation criteria, and hiring, promotion, demotion,
discipline, and discharge policies specifically designed for employees of the county attorney's office
with due regard for the attorney /client relationship and professional responsibilities of the office and the
employees thereof. Except as provided herein, all employees of the county attorney's office shall be
entitled to the applicable benefits and prerogatives of county employees, including but not limited to
holidays, vacation, sick leave and compensatory time, retirement and pension system contribution,
merit and cost of living pay increases, insurance benefits, and working conditions, as those are now or
hereafter promulgated in the county's personnel rules.
(Ord. No. 02 -63, § 4, 12 -3 -02)
Sec. 2 -2 -34. - Funding.
(a) The board shall appropriate funds as necessary from the general fund or other legally available
funds of the county to employ the county attorney and his or her staff and provide necessary and
reasonable expenses usually associated with the practice of law and the duties authorized in this
article. Such appropriations shall be subject to periodic review and adjustment by the board of county
commissioners.
(b) The county attorney shall have authority to allocate expenses and bill enterprise and revenue
accounts and other entities or agencies when authorized by the board for legal services furnished and
costs incurred, including but not limited to travel, court costs and expenses, and the fees and costs of
expert witnesses, consultants and special or conflict counsel.
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ARTICLE II' /z. - COUNTY ATTORNEY
(Ord. No. 02-63, § 5, 12 -3 -02)
Sec. 2 -2 -35. - Authority to settle certain types of claims for and against the county
(1) The county attorney, in addition to any authority previously delegated to him, is hereby delegated
authority to negotiate and compromise settlements of routine claims, litigation and administrative
matters, for and against Manatee County, with outside parties, and to execute releases and
satisfactions of judgments and other liens. These cases include, but are not limited to:
(a) Collateral source recoveries, as per F.S. § 768.76, for the Employee Health Benefits Plan;
(b) Attorney's fees and court cost claims arising from actual or potential litigation;
(c) Article V criminal court costs and attorney fee awards;
(d) Criminal bond remission and forfeiture actions;
(e) Real property actions, such as eminent domain, inverse condemnation, property and
easement acquisition;
(f) Contract disputes;
(g) Garnishment actions;
(h) Billing and collection disputes with customers or suppliers of goods and services;
(1) Compromise of bankruptcy claims;
(j) In the context of mortgage foreclosure cases, liens for lot- clearing, code enforcement
violations, other civil fines, and judgments of record;
(k) Mediation settlements of claims or litigation;
(1) Releases of paid assessment and time payment agreement liens;
(m) Claims, suits or demands based on employment or civil rights laws; and
(n) Permit fee disputes.
(2) Any and all prior settlements, which may fall under the above delegated authority, are hereby
ratified.
(3) Regarding claims against Manatee County, the above - delegated authority is limited to cases or
situations where a claimant has or appears to have plausible allegations and as to which Manatee
County has or may have exposure to liability under the law and as to which the amount in controversy
does not exceed twenty thousand dollars ($20,000.00).
(4) The tort and workers' compensation settlement authority and authority to settle Manatee County's
claims against other parties previously delegated to the county attorney- are also raised to twenty
thousand dollars ($20,000.00) per claimant.
(5) The county attorney may further delegate the authority granted in this section to members of his
staff, in writing.
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ARTICLE II'f�. - COUNTY ATTORNEY
(6) The county attorney shall present any proposed settlement of amounts exceeding the above limits
to the board of county commissioners for approval. The county attorney shall also present all proposed
settlements which entail policy questions to the board for approval, regardless of the amount in
controversy.
(7) The county attorney shall include a summary of settlements made under this delegated authority
to the board of county commissioners in his annual report.
(Ord. No. 02 -30, §§ 1 -7, 12 -3-02)
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