Agenda Item 10CAGENDA ITEM # l OC
FEBRUARY 13, 2012
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
AGENDA ITEM: RFPs for new City Attorneys
SUBMITTED BY: Commissioner Carolyn Woods
DATE: February 6, 2012
BACKGROUND: The Charter requires the city have at least one City
Attorney. As from time to time questions arise concerning the procedures and operations
and it is difficult if not impossible for anyone to be impartial when questions arise
concerning their own behavior it would also be helpful for the Commission to have
available a second and separate council for matters of the Sunshine Law and ethics. If the
Commission decides to move forward with a code of ethics and ethics board, in the
future, this attorney would also be required to help create the ethics board, formulate and
advise on a City code of ethics, and serve as advisor for any ethics board created. A third
attorney specializing in contract law will be required to help with the negotiations and
preparation of the contracts for the first two attorneys. As the current City Attorney will
leave office on March 23 we should have the contract attorney in place as soon as
possible, the City Attorney and the City Sunshine Law and Ethics Attorney by March 23
at the latest.
ARTICLE V. - CITY ATTORNEY
Sec. 31. - Appointment and qualifications.
The city commission shall appoint a city attorney who shall be an attorney with at
least five years of experience in the practice of general, civil or municipal law, admitted
in and having authority to practice in all courts of this state, and who shall be
compensated at a rate set by the city commission.
(Ord. No. 28-93-3,_§_] 8- 23 -93)
Sec. 32. - Powers and duties.
The duties of the city attorney shall include:
(1) Acting as the legal advisor to, and attorney and counselor for, the city and
its officers in matters relating to their official duties; and
(2) Preparing in writing, all contracts, bonds and other instruments in which
the city is concerned and giving an endorsement of approval as to form
and correctness; and
AGENDA ITEM # IOC
FEBRUARY 13, 2012
(3) Prosecuting and defending for and on behalf of the city, all civil
complaints, suits and controversies in which the city is a party; and
(4) Furnishing opinions on questions of law relating to the powers and duties
of city officers; and
(5) Performing such other duties as may be required by ordinance or
resolution of the city commission.
BUDGET: Effect on the budget is unknown at this time.
RECOMMENDATION: Authorize Staff to prepare and publicize a RFP for a City
Attorney as stipulated by the Charter.
Authorize staff to prepare and publicize a RFP for an attorney with expertise in the
Sunshine Law and ethics.
Authorize staff to prepare and publicize a RFP for an attorney specializing in contract law
to help with the negotiations and prepare the contracts of the City Attorney and City
Sunshine Law & Ethics Attorney.
Set a time(s) for the Commission to meet, interview applicants and select City Attorneys.