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Agenda 05/13/2013 Item #17F5/14/2013 17. F. EXECUTIVE SUMMARY Recommendation to adopt an ordinance, to be known as "Collier County Attorney's Ordinance." OBJECTIVE: That the Board of County Commissioners (Board) adopts an ordinance setting forth the Office of the County Attorney, 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 including but not limited to CRA, MSTU, and District representation. Upon adoption of this Ordinance, the County Attorney will immediately develop practices and procedures to implement the direction set forth by the Ordinance which shall be respected by the Board and County staff going forward. A copy of this Executive Summary is included in the back -up. At its April 23° 2013 regular meeting the Board reviewed a proposed ordinance which incorporated the above provisions. The Ordinance was patterned after other County Attorney Ordinances adopted in Florida (specifically Sarasota County) and addressed such aspects as methods and conditions for selection, appointment and removal of the County Attorney and funding for the County Attorney's Office. The Board authorized the County Attorney to advertise the ordinance for future with a modification to Section Four (a) as requested by Commissioner Coyle FISCAL IMPACT: The cost for advertising the proposed ordinance was $254.22. n GROWTH MANAGEMENT IMPACT: None. 1 Packet Page -4483- 5114/2013 171. n 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 adopts the attached ordinance setting forth the Office of the County Attorney. PREPARED BY: Jeffrey A. Klatzkow, County Attorney rmilkw 2 Packet Page -4484- 1*1-N, 5/14/2013 171. 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 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. 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 shall be respected by the Board and county staff going forward. OBJECTIVE: That the Board of County Commissioners ( "Board's 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 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 F Packet Page -4485- 5/14/2013 17.F. 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 Packet Page -4486- 1� 5/14/2013 171 Ll 1414V 1 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 P Packet Page -4487- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.F. 5/14/2013 17.F. Item Summary: Recommendation to adopt an ordinance, to be known as "Collier County Attorney's Ordinance." Meeting Date: 5/14/2013 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal,County Attorney 5/1/2013 9:57:22 AM Submitted by Title: County Attorney Name: KlatzkowJeff 5/1/2013 9:57:24 AM Approved By Name: KlatzkowJeff Title: County Attorney Date: 5/1/2013 11:33:37 AM Name: KlatzkowJeff Title: County Attorney Date: 5/1/2013 1:34:47 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 5/1/2013 1:45:39 PM Name: OchsLeo Title: County Manager Date: 5/2/2013 11:48:51 AM Packet Page -4488- n n 5/14/2013 17.F. 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(1)(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 Packet Page -4489- 5/14/2013 17.F. 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 direction 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 1). Packet Page -4490- 5/14/2013 17. F. n 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. Packet Page -4491- 5/14/2013 17.F. 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Lo-n , Deputy Clerk and legal Jeffrey County GEORGIA A. HILLER, ESQ. CHAIRWOMAN 4 Packet Page -4492- W 5/14/2013 17.F. PART II - ADMINISTRATIVE CODE Title 2 - ADMINISTRATION CHAPTER 21. - ADMINISTRATIVE CODE ARTICLE IV. COUNTY ATTORNEY ARTICLE IV. - COUNTY ATTORNEY M (e) 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: oualifications. 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 attomey 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 attorney 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 Page 1 of 2 Alachua County, Florida, Code of Ordinances Packet Page -4493- PART II - ADMINISTRATIVE CODE Title 2 - ADMINISTRATION CHAPTER 21. - ADMINISTRATIVE CODE ARTICLE IV. - COUNTY ATTORNEY settlement of each claim. 5/14/2013 17. F. (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 attorney 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, § 12,1-23-90; Ord. No. 91 -16, § 12, 9- 24 -91) (a) 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) Page 2 of 2 Alachua County, Florida, Code of Ordinances Packet Page -4494- 5/14/2013 17.F. PART II - ADMINISTRATIVE CODE Title 2 - ADMINISTRATION CHAPTER 21. - ADMINISTRATIVE CODE 1*0111.1 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. - Emplovees of the county attorney's office. Sec. 2 -55. - Funding: Sec. 2 -56. - Authority to settle _pertain Woes of claims for and against the countv. 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 Packet Page -4495- 5/14/2013 17. F. PART 11- ADMINISTRATIVE CODE 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 specked 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. Page 2 of 4 Bay County, Florida, Code of Ordinances Packet Page -4496- 5/14/2013 17.F. PART II - ADMINISTRATIVE CODE Title 2 - ADMINISTRATION CHAPTER 21. - ADMINISTRATIVE CODE n 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 attomey 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. �- N (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 r� easement acquisition; Page 3 of 4 Bay County, Florida, Code of Ordinances Packet Page -4497- 5/14/2013 17.F. PART 11- ADMINISTRATIVE CODE Title 2 - ADMINISTRATION 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. Page 4 of 4 Bay County, Florida, Code of Ordinances Packet Page -4498- 5/14/2013 171. PART I - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE 111. - 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 position or deletion of funding to reouire notice. Sec. 2 -130. - Lump sum payment of certain accumulated benefits. Sec. 2 -131. - Grantino 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) Escambia County, Florida, Code of Ordinances Page 1 Packet Page -4499- 5/14/2013 17. F. PART I - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE III. - OFFICERS AND EMPLOYEES ^ DIVISION 3. - SUSPENSION, DISCHARGE OR REMOVAL OF DEPARTMENT HEADS Subdivision 11. - Deputy County Attorney and Assistant County Attorney Seca 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 ^ Escambia County, Florida, Code of Ordinances Page 2 Packet Page -4500- 5/14/2013 17. F. 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 attomey 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. Escambia County, Florida, Code of Ordinances Page 3 Packet Page -4501- 5/14/2013 17.F. - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE 111. - 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. Gilchrist County, Florida, Code of Ordinances Page 1 Packet Page -4502- 5/14/2013 17. F. - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE Ill. - 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. Gilchrist County, Florida, Code of Ordinances Page 2 Packet Page -4503- A 5/14/2013 17. F. - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE Ill. - 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. Gilchrist County, Florida, Code of Ordinances Page 3 Packet Page -4504- 5/14/2013 17. F. LAKE COUNTY CODIFICATION Chapter 2 - ADMINISTRATION ARTICLE VI. - COUNTY ATTORNEY ARTICLE VI. - COUNTY ATTORNEY ["I "'I 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. - Leoislative intent. Sec. 2 -102. - Establishment of office. Sec. 2 -103. - Authority to employ. Sec. 2 -104. - Professional oualifications. Sec. 2 -105. - Powers. Sec. 2 -106. - Duties and responsibilities. Sec. 2 -107. - Conditions of employment. 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 attomey 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) Page 1 of 3 Lake County, Florida, Code of Ordinances Packet Page -4505- 5/14/2013 17.F. LAKE COUNTY CODIFICATION 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. Page 2 of 3 Lake County, Florida, Code of Ordinances Packet Page -4506- 5/14/2013 17.F. LAKE COUNTY CODIFICATION 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. Page 3 of 3 Lake County, Florida, Code of Ordinances Packet Page -4507- 5/14/2013 17. F. PART II - MANATEE COUNTY CODE OF ORDINANCES Chapter 2 -2 - ADMINISTRATION ARTICLE 11 %. - COUNTY ATTORNEY ARTICLE 11' /z. - COUNTY ATTORNEY [371 (37) Editor's note— Ordinance No. 02-63, adopted Dec. 3, 2002, amended Ord. No. 9408, 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 attomey's office Sec. 2 -2 -34. - Funding 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 attorney 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 govemment 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, Page 1 of 5 Manatee County, Florida, Code of Ordinances Packet Page -4508- 5/14/2013 171 PART II - MANATEE COUNTY CODE OF ORDINANCES Chapter 2 -2 - ADMINISTRATION ARTICLE IIIA. - COUNTY ATTORNEY 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 Manatee County, Florida, Code of Ordinances Page 2 of 5 Packet Page -4509- 5/14/2013 17.F. PART II - MANATEE COUNTY CODE OF ORDINANCES Chapter 2 -2 - ADMINISTRATION 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 officer; 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 attomey'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 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. 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. Page 3 of 5 Manatee County, Florida, Code of Ordinances . Packet Page -4510- 5/14/2013 17.F. PART II - MANATEE COUNTY CODE OF ORDINANCES Chapter 2 -2 - ADMINISTRATION ARTICLE IIIA. - 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; "I—*-, (i) Compromise of bankruptcy claims; 0) 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. Page 4 of 5 Manatee County, Florida, Code of Ordinances Packet Page -4511- 5/14/2013 17.F. PART II - MANATEE COUNTY CODE OF ORDINANCES Chapter 2 -2 - ADMINISTRATION ARTICLE 11%. - 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) Page 5 of 5 Manatee County, Florida, Code of Ordinances Packet Page -4512- n 5/14/2013 17.F. PART III - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE II. - LAW DEPARTMENT ARTICLE 11. - LAW DEPARTMENT P] Sec. 2 -12. - Created: full -time employment: unclassified servicee office facilities' funds providedm County Attorney as head. Sec. 2 -13. - County Attorney— Appointment• term: comaensation• appointment and removal of assistants and employees: aualifications. Sec. 2 -14. - Same — Duties and functions. Sec. 2 -15. - Limitation on power to compromise, confess judgment accent service of process Sec. 2 -18. - First Assistant County Attorney. Sec. 2 -17. -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 prosecution 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 Attorney—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 11-N have the right to discharge, remove and replace any assistants or other personnel of the Law Department Miami - Dade County, Florida, Code of Ordinances Page 1 Packet Page -4513- 5/14/2013 17Y. PART III - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION 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 Attomey shall be fumished 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 Miami - Dade County, Florida, Code of Ordinances Page 2 Packet Page -4514- 5/14/2013 17Y. PART III - CODE OF ORDINANCES 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. Miami - Dade County, Florida, Code of Ordinances Page 3 Packet Page -4515- 5/14/2013 17. F. PART III - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE II. - 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 speck 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, § 2 -41. FOOTNOTE(S): (9) Annotations —AO's 2 -2, 9 -1 jalgK (9) Charter reference— Department of Law, § 4.06. B( ack) Miami - Dade County, Florida, Code of Ordinances Page 4 Packet Page -4516- 5/14/2013 17.F. 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 -60. - 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. Page 1 of 1 Marion County, Florida, Code of Ordinances Packet Page -4517- 5/14/2013 17.F. - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE III. - OFFICERS AND EMPLOYEES DIVISION S. - COUNTY ATTORNEY DIVISION 5. - COUNTYA7T0RNEY Sec. 2 -175. - Establishment of the county attomev's office. Sec. 2 -176. - Minimum qualifications for appointment as county attorney. Sec. 2 -177. - Employment status of the county attorney: vacancy in oosition. Sec. 2 -178. - Assistant county attorneys. 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. - Recouoment of attorneys' fees and costs. Secs. 2- 187 -2 -2 -189. - Reserved. Sec. 2 -175. - Establishment of the county attorney's ofFce. 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 -2004, § 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) Monroe County, Florida, Code of Ordinances Page 1 Packet Page -4518- 5/14/2013 17.F. - CODE OF ORDINANCES 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 Gass 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) Monroe County, Florida, Code of Ordinances Page 2 Packet Page -4519- 5/14/2013 17.F. - CODE OF ORDINANCES 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; (5) 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. Monroe County, Florida, Code of Ordinances Page 3 Packet Page -4520- 5/14/2013 17. F. - CODE OF ORDINANCES 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 carry 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. Monroe County, Florida, Code of Ordinances Page 4 Packet Page -4521- 5/14/2013 171 - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE III. - OFFICERS AND EMPLOYEES DIVISION S. - COUNTY ATTORNEY (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; Monroe County, Florida, Code of Ordinances Page 5 Packet Page -4522- 5/14/2013 171. - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE III. - OFFICERS AND EMPLOYEES DIVISION S. - COUNTY ATTORNEY (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. Monroe County, Florida, Code of Ordinances Page 6 Packet Page -4523- 5/14/2013 17. F. 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. Palm Beach County, Florida, Code of Ordinances Page 1 Packet Page -4524- �ret14.�_ 5/14/2013 17. F. 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. Packet Page -4525- 5/14/2013 17.F. PART II - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE III. - COUNTY ATTORNEY ARTICLE III. - COUNTY ATTORNEY Sec. 2-61. - Ratification and reaffirmation of the establishment of the Office of the Coun(y 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 Packet Page -4526- 5/14/2013 17.F. PART II - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE 111. - COUNTY ATTORNEY (e) The County Attorney need not be a resident of the County at the time of appointment, but during the Attomey'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 Attorney 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 Packet Page -4527- 5/14/2013 17. F. PART II - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE 111. - 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 -66. - 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 Packet Page -4528- 5/14/2013 17. F. Chapter 180 - OFFICERS AND EMPLOYEES PART 3. - COUNTY ATTORNEY PART 3. - COUNTY ATTORNEY IM Sec. 180.21. - Minimum aualifications of the countyattomy. 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): Seminole County, Florida, Code of Ordinances Page 1 Packet Page -4529- 5/14/2013 17. F. Chapter 180 - OFFICERS AND EMPLOYEES PART 3. - COUNTY ATTORNEY (137) Cross reference— Section 2.4, Seminole County Home Rule Charter. Back Seminole County, Florida, Code of Ordinances Page 2 Packet Page -4530- 5/14/2013 17.F. PARTI- CHARTER ARTICLE IIIA. - COUNTY ATTORNEY ARTICLE IIIA. - COUNTY ATTORNEY Sec. IIIA.1. - County attorney. Sec. IIIA.2. - Compensation. Sec. IIIA.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. 1111A.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) Page 1 of 1 Volusia County, Florida, Code of Ordinances Packet Page -4531- CHARTER Section 1 - HOME RULE CHARTER ARTICLE 4. - COUNTY ATTORNEY ARTICLE 4. - COUNTY ATTORNEY Sec. 41. - County attorney Sec. 4.1. - County attorney. 5/14/2.013 171. 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 Packet Page -4532- 0 5/14/2013 17.F. 28D a Wednesday, May 1, 201311 N A P L E S D A I LY N E W S k.,. NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 14, 2013, in the Boardroom, 3rd Floor, Administration Building Collier County Government. Center, 3299 East Tamiami Trails .Naples, Florida, the Board of'County Commissioners will consider the enact- ment..of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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. .: Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. lndi4idual speakers will be limited to '3 minutes on any: item.: The selection of an . individual to. speak on behalf of an organization or group is encouraged. If recognized by the Chairman, 'a spokesperson for a group' or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included In the Board agenda packets must submit said material •a minimum of 3 weeks prior to the resppeective public hearing. In any case, written materials intended to be considered by the Board shall.be submitted to the appropriate, County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto. and therefore, may need to ensure that a verbatim record , of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If. you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision Of 'eik6iii'� assistance. Please contact the Collier County -Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . GEORGINA. HILLER, ESQ, CHAIRWOMAN DWIGHT E.' BROCK, CLERK By: Teresa Cannon; Deputy Clerk (SEAL) May 1 2013 _ No. 19R7767 Packet Page -4533-