Item F3LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Division:
Meeting Date: Land Authority
September 21, 2012
Bulk Item:Contact / Phone #:
Yes No X Mark Rosch / 295-5180
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Agenda Item Wording:
Approval of Second Amendment to Professional Services Contract with Larry
R. Erskine, P.A.
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Item Background:
Larry Erskine has served as legal counsel and has provided real estate closing
services for the Land Authority since 1987 via a series of contracts with his prior law firms. Given that
Mr. Erskine’s duties specifically include being paid on a per closing basis to represent the Board in real
estate transactions, his contract includes an exemption from the compensation prohibition originally
codified in section 2-429, Monroe County Code, and now codified in section 2-430. His current contract
with the Land Authority expires October 19, 2012.
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Advisory Committee Action:
N/A
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Previous Governing Board Action:
The Board has approved 3-year contracts for Mr. Erskine’s legal
services since 1987, including the most recent extension on September 16, 2009. On April 21, 2010
the Board amended the contract to exempt Mr. Erskine from the compensation prohibition that had
been recently adopted as section 2-429, Monroe County Code.
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Contract/Agreement Changes:
The proposed amendment extends the contract term for 3 years
through October 19, 2015 and updates the reference to section 2-430(a)(2), Monroe County Code.
There are no other changes.
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Staff Recommendation:
Approval
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Total Cost:Indirect Cost:Budgeted:
$_____ Yes X No.
up to $35,000/yr + closing fees
Cost to Land Authority:Source of Funds:
Land Authority
up to $35,000/yr + closing fees
(Tourist Impact Tax and State Park Surcharge)
Approved By:
Attorney X County Land Steward .
Documentation:
Included: X To Follow: Not Required: .
Disposition:
Agenda Item ____
MunicodePage 1of 1
Sec. 2-430. - Receipt of compensation by public officer or employee prohibited.
(a)It is prohibited for any public officer or employee, whether serving as county officers or
employees or as public officers or employees of other governmental entities to receive a
commission or any other compensation for a transaction recommended or approved by the
governmental board upon which the public officer sits or the agency by which the public
employee is employed.
(1)
This prohibition does not extend to situations where a public officer or
employee receives a benefit from the generation of business that benefits all
businesses similarly situated to that owned or employing the public officer or
employee, but applies only to commissions or compensation that is particular to
the officer or employee.
(2)
An attorney employed or on retainer by any local governmental entity in
An attorney employed or on retainer by any local governmental entity in
Monroe County and contracted to provide services to Monroe County or any
Monroe County and contracted to provide services to Monroe County or any
agency thereof may be exempted by the terms of his contract, as approved by
agency thereof may be exempted by the terms of his approved by
contract, as
the board of county commissioners, from the provisions of this section.
the board of county commissioners, from the provisions of this section.
(b)
The board of county commissioners may void any action or contract entered into in
connection with a matter where it is determined that this section has been violated.
(Ord. No. 010-2010, § 1)
Editor's note—
Ord. No. 010, § 1, adopted Mar. 17, 2010, set out provisions intended for use as 2-429. For
purposes of classification and to preserve the style of this Code, and at the editor's
discretion, these provisions have been included as 2-430
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