Item R4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 16. 2009 Division: County Attorney
Bulk Item: Yes ~ No Staff Contact PersonlPhone Natileene W. Cassel
X3580
AGENDA ITEM WORDING: Approval of request for Assistant County Attorney
Natileene Cassel to provide legal representation to her son.
ITEM BACKGROUND: In April of 2009, the BOCC enacted Ordinance 009-2009
which amended the County Code to provide a limited exception to the prohibition in
Section 2-179(c) against staff attorneys representing outside clients. The new ordinance
permits staff attorneys to provide legal services to family members provided such
representation did not cause a conflict with the staff attorney's representation of the
County. The attorney requests permission to represent her son in collection matters and
litigation should that become necessary.
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS:Approval
TOTAL COST:none DIRECT COST: none BUDGETED: nla
DIFFERENTIAL OF LOCAL PREFERENCE: nla
COST TO COUNTY: none
SOURCE OF FUNDS: nla
REVENUE PRODUCING: nla AMOUNT PER MONTH nla Year nla
APPROVED BY: County Atty ~MBlPurChaSing _Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO. m!! - 2009
AN ORDINANCE AMENDING MONROE COUNTY CODE SECTION 2-
179(e); PROVIDING AN EXCEPTION FOR COUNTY ATTORNEYS
HANDLING LEGAL MATTERS FOR FAMILY MEMBERS WHERE NO
CONFLICT OF INTEREST; PROVIDING FOR SEVERABILITY;
PROVIDING FOR mE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Code currently prohibits the county attorney and
assistant comrty attorneys from performing any legal work for private clients, regardless of
whether payment is rendered for those services or whether there may be a conflict of interest;
and
WHEREAS, the purpose for such proln'bition is to insure against conflicts of interest and
competing uses for the time of the attorneys; and
WHEREAS,.:from time to time, an attorneys' fumily members may seek legal advice or
require other legal services on relatively simple matters which would not consume a substantial
amount of the attorney's time nor pose a conflict with the attorney? s job duties; and
WHEREAS, the provision of legal services in such instances would not unduly impinge
upon the attorney's time, would not pose a conflict ofinterest to the County, and would save the
family member% substantial legal fees at a time when employees are being laid off of jobs, raises
are not forthcoming if jobs are retained, and other negative economic circumstances abound; and
WHEREAS, the County Connnission deems it in the best interest of employee retention
and morale to not unduly burden the attorneys by prohibiting them from assisting family
members if the assistance can be provided without detriment to the County;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. EXCEPTION FOR OUTSIDE WORK. Section 2-179(c)~ Monroe County
Code~ shall be amended to read:
c) The County Attorney and Assistant County Attorneys may not undertake the legal
representation of private clients or provide legal advice to private cJi~ 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 fumily members, and only if the matter would
Co.Atty. Ord Amend.
Page 1 of2 Pages
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 p~ for consideration of the request by the Board.
SECTION 2. SEVERABILITY. Should any provision oftbis Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereot: other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on April 15, 2009,
provided that this Ordinance shall be filed with the Department of State as provided in section
125.66(2), Florida Statutes.
MayorGeorge Neugent
Mayor Pro Tem Sylvia Murpby
Commissioner Heather Carruthers
,~=~.g,~missioner Mario DiGennaro
~~~~ioner Kim Wigington
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Deputy Clerk
PASSED AND ADOPTED by the Board of County Commissioners ofMomoe County,
Florida, at a regular meeting of said Board held on the 15th day of April, 2009. 7' ~.."
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Co.Atty. Ord Amend.
Page 2 of2 Pages
BOARD OF COUNTY COMMISSIONERS
OF M~OE COUNTY, FLORIDA
By ,s..",,,..~. )f)eIA4.'~
Mayor/Chairperson
MONROE COUNTY ATTORNEY
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