Item N02BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: N2
Agenda Item Summary #1704
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
N/A
AGENDA ITEM WORDING: Discussion and direction regarding revisions to the County
Attorney and Risk Management ordinances and request for approval to advertise a public hearing.
ITEM BACKGROUND: The Risk Management office has transitioned from the Employee
Services Department to the County Attorney's Office. As part of the integration of Risk
Management into the County Attorney's Office, the County Attorney recommends updating and
revising the ordinances governing the County Attorney's Office and the County's Risk Management
program, and reassignment of 'the Risk Management Program ordinances' to be under 'the County
Attorney ordinances.' A legal memorandum describing the suggested ordinance revisions is attached
as additional information.
PREVIOUS RELEVANT BOCC ACTION: 4/19/88 - adopted an ordinance which established the
Risk Management program. 12/15/04 - adopted an ordinance which formally created the office of
County Attorney and set forth the County Attorney's authority. 9/28/05 - adopted an ordinance
which clarified source of funds for settlements.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Direct legal staff (1) to prepare a Resolution directing and
approving revisions to the ordinances governing the County Attorney's Office and Risk Management
program and (2) to prepare the proposed revised ordinances; and (3) approval to advertise and
schedule a public hearing for the July 19, 2017 BOCC meeting in Marathon.
DOCUMENTATION:
Memorandum on revisions to County Attorney and Risk Management ordinances
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Valueof Contract: N/A
Total Cost to County: Advertising Costs
Current Year Portion:
Budgeted:
Source of Funds
CPI:
I ndirect Costs:
Estimated Ongoing Costs Not I ncluded in above dollar amounts
Revenue Producing:
Grant:
County M atch:
I nsurance Required:
Additional Details:
N/A If yes, amount:
N/A
REVIEWED BY:
Chris Ambrosio
Bob Shillinger
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
05/30/2017 10:17 AM
Completed
05/30/2017 4:25 PM
Completed
06/06/2017 7:33 AM
Completed
06/06/2017 8:46 AM
Pending
06/21/2017 9:00 AM
June 21, 2017 BOCC Meeting Discussion and Direction
Legal memorandum for amendments to Sections 2 -182, 2 -184, and 2 -185 of the Monroe County
Code (MCC) "County Attorney ordinances" and Sections 2 -323, 2 -324, 2 -325, 2 -326, 2 -327, 2-
328, and 2 -329 of the MCC `the Risk Management Program ordinances' and reassigning `the
Risk Management Program ordinances' under the "County Attorney ordinances ".
The Risk Management Department ( "RM ") transitioned from the Employee Services
Department to the County Attorney's Office ( "CAY ").
2. The County Attorney recommends amendments and revisions to the Risk Management
Program ordinances and County Attorney ordinances as part of the integration of RM into
the CAY, and for clarification of certain functions of each office, as noted below:
(A) Amending Sections 2 -182, 2 -184, and 2 -185 to: (1) clarify the meaning of the terms
"actions ", "claims ", "lawsuits ", and "litigation ", and the County Attorney's authority to
defend and resolve litigation, actions, and claims on behalf of the County; (2) increase the
County Attorney's settlement authority amount consistent with the increase in purchasing
authority; (3) clarify the County Attorney's authority for settlement of code compliance at
no less than 25% of the face value of such liens; (4) clarify the County Attorney's authority
to settle other liens; and (5) include and provide for the County Attorney's designee in
these Sections.
(B) Amending Sections 2 -323, 2 -324, 2 -325, 2 -326, 2 -327, 2 -328, and 2 -329 of the MCC
`the Risk Management Program ordinances' to: (1) renumber and reassign them from MCC
Ch. 2, Art. V - Finance, Div. 4 - Risk Management Program to Ch. 2, Art. III- Officers and
Employees, Div. 5 - County Attorney; (2) clarify the meaning of any terms and revise
portions for consistency with `the County Attorney ordinances'; (3) revise the payment of
claims authority to be consistent with the increase in purchasing authority and the County
Attorney ordinances; and (4) include and provide for the County Administrator's, County
Attorney's, and Risk Administrator's designees in these Sections.
The County Attorney recommends revising the County Attorney Ordinance to clarify that
the County Attorney is independent from the County Administrator in terms of
administrative authority over County Attorney personnel.