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2019-08-20 Ex Item VI.B. SUV s r'1� �, U i .SS - • /km . Aided( J Mee/7/7g � City Attorney Position Description � 20/ 20 19 • Provide written and oral legal opinions, advice and guidance to the City Council. • Advise City leaders on matters related to ethics, personnel, ordinances, contracts, land use, taxes, and)inance. Attend All Council meetings and renders legal assistance, opinions and advice as required. .) Attend all meetings of Planning Board/Board of Adjustments and Appeals. Attend all hearings of the Code Enforcement Special Magistrate. Attend City Staff meetings as required. • Attend City workshops and other meetings, as needed, after review of agenda and/or consultation with City Administrator. Represent the City in legal matters, including initiating and defending lawsuits on behalf of the City, such as: appeals, civil lawsuits, evictions, administrative proceedings; and in county court hearings such as: animal control, and code enforcement, and coordinate with others as needed, with any concerns regarding legal issues, ,'2 Acts as liaison with other legal activities under the jurisdiction of the City Council. • Provide legal advice and general consulting, as requested by the Council, the City Administrator and the department heads, officers and employees, on legal issues raised, or as required. • Prepare all Ordinances and Resolutions and special legislative acts or other legal documents for legal sufficiency prior to submission to the Council. • Prepare all City contracts or review for legal sufficiency, as requested, before submission to the Council for action. • Receives all requests from City officers for legal opinions. • Interface with the City's outside counsel as needed. • Prepare annual audit letter regarding litigation cases involving the City. • Participate in the disciplinary process of staff and makes recommendations. • Participate in and supervise conduct of the legal affairs of the City Council. • Adhere to work schedules and attendance requirements. • Perform related duties as required. • Must have knowledge of labor relations, civil litigation, collective bargaining, open meetings, public records, contracts, taxes, criminal records, and municipal, state, federal and constitutional law affecting municipal government. • Maintains awareness of changes to state and federal laws that impact the city. • Requirements: Juris Doctorate from an accredited law school. Ten years experience as a practicing attorney in legal research and trial work with a sufficient time within a government agency. Active member of the Florida Bar. JUNE 18,2019-REGULAR MEETING•PAGE 10 OF 12 AGENDA COUNCIL ACTION-DISCUSSION•VOTE IX. NEW BUSINESS CONTINUED Discuss current and future needs for legal services continued. Mayor Watford opened the discussion to the public. Mr. James Kirk, retired Mayor of the City of Okeechobee, addressed Council stating"sometimes we look for a problem where there is not a problem."He then went on to share his support for Mr. Cook, explaining for 26 of his 28-year tenure on the Council he received sound legal advice and the cost savings afforded the City over hiring a Law Firm. In closing, Mr. Kirk noted the Council is responsible for providing assistance to the Attorney when they increase the workload; the assistance should be a solution, not a termination without cause.He asked the Council to use wisdom when reaching a decision and one that was in the best interest for all the citizens of the City. Discussion continued regarding the part of the motion that terminates the existing Contract,whether the Council or Staff could create a new document that would in essence be a job description for legal services, Council Member Keefe made a motion to amend the motion on the floor,to remove words"to not renew the City Attorney's Contract this year."Motion died for lack of a second.Discussion ensued further as to other methods the Council could use to resolve the issue such as creating a legal services job description and affording Mr. Cook with the opportunity to re-negotiate the newly required services before September 30, 2019. There being no additional discussion or motions to amend,the Mayor called for a vote. VOTE: WATFORD—NO ABNEY—NO CLARK—NO JARRIEL—ABSENT KEEFE—YEA MOTION DENIED. Council Member Clark made a motion that in the next 60-days we come up with a new job description 'scope of works for our City Attorney so it encompasses all the duties to be required;seconded by Council Member Keefe. Mayor Watford stated for clarification the intent of the motion is that the City is basically negotiating a new Contract with Attorney Cook. He can negotiate what areas he would be able to provide services for and costs, it does not have to be for all services on the new job descriptionlscope of work; any responsibilities not covered in the new Contract with Mr.Cook would then need to be provided through a separate Attorney hired through the RFQ process. Council Members Clark, Abney, and Keefe each noted their agreement. Mayor Watford also confirmed Administrator MontesDeOca understood that the Council is to approve the new lob description/scope of work before it is finalized and before negotiations begin with Attorney Cook. VOTE: WATFORD—NO ABNEY—YEA CLARK—YEA JARRIEL—ABSENT KEEFE—YEA MOTION CARRIED. LEGAL SERVICES POSITION DESCRIPTION ATTORNEY shall prepare and review all contracts for services, ensure related ordinances and resolutions are reviewed for legal sufficiency; provide legal counsel for any and all CITY related business; attend all applicable meetings where CITY would be named in legal respects (code magistrate, planning board, City Council, technical review and staff meetings as necessary); ensure CITY is operating within applicable guidelines and regulations as required, as well as additional detailed items below. ATTORNEY shall consult with outside professionals such as engineers, attorneys, grant personnel, building inspector, planning consultants or similar personnel who must confirm with the ATTORNEY on CITY related issues. ATTORNEY shall perform pre-litigation or litigation legal matters regardless of whether suit(s) is/are filed. ATTORNEY shall perform all the legal services described herein, while at all times complying with the requirements of the Rules of Professional Conduct, the Rules Regulating the Florida Bar, the State of Florida and the CITY, and the practice and procedures of courts within the circuit. ATTORNEY may not reassign or subcontract any appointed case to another attorney or lawyer or allow another attorney who is not approved by the CITY. Attorney shall render to in behalf of City all professional legal services reasonably required herein related to pending matters from the time of commencement, including a final adjudication 1or disposition. In performing any work into this agreement ATTORNEY shall provide company CP^�l(°'ru1' representation to the CITY. Competent representation requires a legal knowledge, skill, thoroughness and preparedness reasonably necessary for that representation. ATTORNEY'S business relationships outside the contract shall not interfere with the performance of the services specified here in.