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Agenda Item 10AAGENDA ITEM # I OA AUGUST 8, 2011 From: Alan Jensen To: porno mike; fi letq eLogc UVo odl , - - Parso Paul;- r7a tjgherEy, Jonatha cc: Manson, Jirw C Art ie, Donn Subject: City attorney duties Date: Tuesday, July 26, 2011 10:13:27 AM To all: Commissioner Woods has asked me to explain my statements at the 7111 commission meeting regarding obtaining the services of an outside attorney. This was in regard to retaining the services of John Dickinson as a labor and employment lawyer. I stated something to the effect that under the Charter and the Code, I can recommend who to select as outside counsel and get them onboard. Sec.32 of the Charter sets forth the duties of the city attorney, and includes in (3) "... prosecuting and defending for and on behalf of the city, all civil complaints, suits and controversies in which the city is a party." (Emphasis added) Sec. 2 -1 of the Code requires the city to provide an attorney to defend any civil action against a city officer, employee or agent, under certain circumstances, and that such legal representation "...may be provided by the city attorney." Although I believe these provisions would allow the city attorney the authority to obtain outside counsel in certain specialized areas of the law, I failed to mention the authority to do so as outlined in my contract with the city. The failure to mention this at the 7111 meeting was inadvertent because I had no prior notice of the issue / question that Commissioner Woods brought up at that meeting. Sec.4 of Resolution No. 05 -13, which is my contract with the city, states that when legal services are needed in specialized areas of the law, "...the City Attorney shall assist the City as requested by the City Commission or the City Manager in obtaining bond counsel or other specialized counsel, as is necessary, at a reasonable rate of compensation." Occasionally over the years I have come to the commission with a request for outside counsel, but the vast majority of the time I confer with the city manager regarding the employment of outside counsel. This is in keeping with the Charter, Code and my contract with the city. I believe my experience with the city and in the Jacksonville legal community provides_ me with the knowledge to obtain the services of qualified attorneys in various specialized areas of the law, and to obtain those services, when necessary, at reasonable rates of compensation. There are no "Sunshine Law" issues when I confer with the city manager, and at times other city employees, regarding obtaining the services of outside counsel. The Government in the Sunshine Law provides a right of access to governmental proceedings of public boards or commissions, applies equally to elected and appointed boards, and applies to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before that board for action. Hopefully this addresses the concerns raised by Commissioner Woods. I would hope in the future that any such concerns be addressed to me before a meeting so that I can be properly prepared to respond, This should apply to all other officers and employees of the city as well. Such a procedure not only saves time, but provides better responses as well. Please feel free to contact me if you wish to discuss any of the above matters further. Alan AGENDA ITEM # IOA AUGUST 8, 2011 1: _ 935 North Third Street P.O. Box 50457 Jacksonville Beach, FL 32240 -0457 (904) 246 -2500 (904) 246 -9960 FAX Alan AJei senLaw.c©rn CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential, subject to the attorney- client privilege and intended only for the use of the intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by return e-mail and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Thank you.