Staff Report 10-23-13 vAGENDA ITEM#8B
NOVEMBER 12,2013
AGENDA ITEM NO. Pe
DATE: Navemb&C 1a,.20/3
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Appointment of Special Magistrate
DATE: October 25,2013
idASUBMITTEDBY: Jim Hanson, City Manag L,;,
Alan Jensen, City Atto ey,
Michael D. Classey, Chief o olice 4A
SRATEGIC PLAN LINK: N/A
BACKGROUND:
The City Commission recently added Section 2-146.1 to the Code of Ordinances. This section
requires that a Special Magistrate(s)to hear dangerous dog cases be appointed by the City
Manager subject to the approval of the Commission.
The City advertised for the position of Special Magistrate and received five(5)applications. A
panel consisting of the City Manager, City Attorney and Police Chief interviewed all 5
candidates. Attorney Jeb Branham was selected by the panel as the best qualified for the
position.
Mr.Branham has been a practicing attorney for almost 20 years. His office is located at the
Beach and he has been the Town Attorney for Baldwin and Callahan for the past 10 years. His
responsibilities include prosecuting code enforcement violations,handling all land use and
zoning matters and conducting quasi judicial proceedings. He has also handled some legal
matters for the Town of Hilliard.
The panel believes that Mr. Branham's training, education and experience uniquely qualify him
for the position of Special Magistrate.
BUDGET: Will be based upon the number of dangerous dog cases held. Staff anticipates that
expenses will be less than$1,000 per year.
RECOMMENDATIONS: To approve the appointment of Jeb T. Branham as Special
Magistrate for the City of Atlantic Beach.
ATTACHMENTS: Attorney Jeb T. Branham's resume
1. 1., AGENDA ITEM#8B
NOVEMBER 12,2013
City of Atlantic Beach
Response to Request for Proposal VIM
Special Magistrate for Dangerous Dog Enforcement
REPRESENTATION PROPOSAL
SUBMITTED BY
JEB T. BRANHAM, ESQ.
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ORIGINAL
JEB ' 1 . BRANHAM
AGENDA ITEM#8B
NOVEMBER 12,2013 I
City of Atlantic Beach
Response to Request for Proposalveto
Special Magistrate for Dangerous Dog Enforcement
FIRM Q.UAL.IFICATIONS
THE BENEFIT OF EXPERIENCE DEVELOPED AT TWO OF THE NATION'S BEST AND LARGEST LAW
FIRMS COMBINED WITH f O YEARS OF REPRESENTING MUNICIPAL GOVERNMENTS
My goal is to bring every client the benefit of experience developed at two of the nation's best and largest law
firms - McGuireWoods and King & Spalding - with the personal attention you can only get from a small
practice. We deliver the legal sophistication gained from working in a big firm environment for some of the
world's largest corporations like the Coca-Cola Company, General Motors, Eli Lilly &Company, Novartis
Pharmaceuticals, and 3M combined with individual, personalized attention.
QUALITY OF LEGA I.SERVICES:
Practicing at the best firms and working for the most demanding clients in the world puts an attention to quality in
our work that most lawyers never have the opportunity or need to develop.
SERVICE AS TOWN ATTORNEY FOR TWO MUNICIPALITIES & OTHER GOVERNMENTAL EXPERIENCE:
Jeb Branham has the honor and benefit of working as the Town Attorney for Callahan for ten years and as the
Town Attorney for Baldwin for nine years. There are few attorneys in the area with this experience handling the
legal matters unique to municipalities and government, combined with sophisticated, broad-based litigation
expertise.
My service as a town attorney includes the responsibility for prosecuting code enforcement violations, handling all
land use and zoning matters and the conduct of quasi-judicial proceedings. I have conducted dozens of quasi-
judicial proceedings, including numerous rezonings, annexations, and comprehensive plan amendments. During my
tenure, the Town of Callahan had a zoning matter proceed to Fla. Stat. s. 70.51 special magistrate proceedings and
a subsequent appeal to the Circuit Court. The Circuit Court upheld the Town's decision. On occasion, I represent
private clients in land use and code enforcement matters, both before city councils, in the state trial courts, and on
appeal.
As the attorney for two Towns, I understand the importance of maintaining a thorough knowledge of and ensuring
full compliance with state public records, public meetings, and ethics laws. Drafting legislation and regularly
conducting hearings in which a municipality renders judgments affecting citizens' rights has given me the
experience necessary to effectively balance the sometimes competing interests of the government, individuals,
property owners, neighbors, and the citizenry as a whole.
JFB T . BRANHAM
AGENDA ITEM#8B
NOVEMBER 12,2013
City of Atlantic Beach
Response to Request for Proposal
1111111111
Special Magistrate for Dangerous Dog Enforcement
PERSONAL EXPERIENCE:
I have been a dog owner for 13 years. 1 also lived next door to a dog that was eventually designated a dangerous
dog and destroyed.The next door neighbors' dog tried to bite both my father and my wife, as well as other
neighbors. I had to physically prevent the dog from biting my wife.These incidents caused me to learn the laws
applicable to aggressive animals. After the owners moved away, the dog injured someone,leading to the dog's
destruction.Despite the dog's aggression towards others, the dog's owners loved it and considered it a gentle pet
for their son. The experience of being both a long-term dog owner and a neighbor to an aggressive dog gives me a
unique perspective to bring to the decision-making process required of the Special Magistrate.
GOVERNMENTAL LITIGATION EXPERIENCE:
Began representing the Town of Callahan in 2003 to resolve numerous claims from prior administration's
misconduct.
Resolved proceedings instituted against the Town of Callahan by the Florida Department of Transportation for
utility relocation charges at a six-figure savings over FDOT's demands.
Resolved administrative proceedings instituted against the Town of Callahan for misconduct by a grant
administrator at a six-figure savings over the Department of Community Affair's demands.
Resolved inverse condemnation and trespass litigation filed against the Town of Callahan resulting from retentior
pond constructed illegally on private property for market value of property.
On behalf of the Town of Hilliard, successfully resolved litigation between the Town and building contractor ove
conversion of church into new Town Hall.
Served as lead negotiator for the Town of Baldwin on union contract with Teamsters.
Obtained a dismissal with prejudice of a lawsuit filed against the Town of Baldwin by a former employee when
prior litigation attorneys representing the Town were unsuccessful.
Obtained a temporary injunction for the Town of Baldwin to stop the operation of an unauthorized borrow pit.
Obtained a temporary injunction for the Town of Callahan to stop unpermitted construction.
Successfully defended the Town of Callahan's denial of a site plan in certiorari proceedings.
Obtained defense verdict for private corporation in code enforcement action in which the City of Jacksonville
sought over $400,000 in fines.
Appealed denial of variance for private landowner via writ of certiorari and obtained agreed-upon resolution witl
the City of Neptune Beach.
Obtained multiple court orders authorizing the demolition of nuisance structures in code enforcement
proceedings.
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AGENDA ITEM#
NOVEMBER 12,2018B3
City of Atlantic Beach
Response to Request for Proposal
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Special Magistrate for Dangerous Dog Enforcement v_
PERFORMANCE OF JOB REQUIREMENTS
EXPERIENCE-DRIVEN APPROACH
I will use my years of municipal and quasi-judicial experience to conduct rock-solid code enforcement hearings
on dangerous dog cases. I understand dangerous dog cases involve cricitcal issues of public safety and draw out
strong emotions and serious concerns on all sides. I will balance the interests of the City of Atlantic Beach, dog
owners, and neighbors to ensure fund mental fairness for all and due process for the alleged violator.
I will develop written guidelines and basic procedures to provide advance notice to alleged violators, code
enforcement officers, witnesses, and others about how hearings will be conducted to ensure fairness and
minimize in-hearing disruptions and controversies. I will incorporate any similar guidelines currently in use by
Atlantic Beach into our materials to insure continiuity.
We will prepare agendas that include all cases set for hearing on a hearing day. I anticpate the City Attorney or
a member of Atlantic Beach's administrative staff will present the cases to me for decision in accordance with
Fla. Stat. s. 162.07(2). We will require sworn testimony and will provide opportunities for cross examination.
After hearings, I will prepare written findings of fact, conclusions of law, and an order to effectuate all
decisions. I anticipate using court reporters to transcribe proceedings to meet the recording requirements of
Fla. Stat. s. 162.07(3) and to create effective records if decisions are appealed to the Circuit Court.
I will be the only attorney handling the special magistrate duties. I have practiced law since 1995 and am
licensed in Georgia and Florida. I was recently elected to the State Bar of Georgia Board of Governors. I
always pay careful attention to the public's budgetary concerns and routinely deliver services to government
clients under budget. I bring a practical approach to my firm's work. As a special magistrate that means
conducting fair, transparent hewarings, issuing prompt decisions that will withstand appeal, and spending only
the minimum hours necessary to achieve those results.
My experience in municipal law, litigation, and quasi-judicial p
proceedings will allow me to prepare, conduct hearings, and write r
decisions efficiently.My goal is to use my experience to perform the
job well while minimizing billable hours.
ri
JER T . BRANHAM
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AGENDA ITEM#8B
NOVEMBER 12,2013
City of Atlantic Beach
Response to Request for Proposal VW.
Special Magistrate for Dangerous Dog Enforcement
RESUME ~ JEB T. BRANHAM
ifrit
3500 3rd Street South-Jacksonville Beach, Florida 32250
904) 339-0500;jeb@jebbranham.com
www.jebbranham.com
LICENSES AND COURT ADMISSIONS
Florida Bar, September 2000. Also admitted to U.S.D.C., Middle District of Florida and the Eleventh Circuit
Court of Appeals.
Georgia Bar, November 1995. Also admitted to Georgia Supreme Court and Court of Appeals and U.S.D.C.,
Northern District of Georgia. Authorized by the State of Georgia to appear as sole or lead counsel at trials and
depositions.
LEGAL EXPERIENCE
Jeb T. Branham, Esq. Jacksonville Beach, Florida (1/2002— present). Sole practitioner or partner in small
firm from 2002 to 2010, practicing in commercial and municipal law, emphasizing litigation, both trial and appellate.
Representative matters include Town Attorney for Baldwin and Callahan, Florida, settling administrative law matters
with the State of Florida $500,000 under State's demand, litigating the fleet-wide failure of marine engines for Costa
Rican fishing lodge and subsequent nation-wide class action, general counsel representation of national auto painting
franchisor, litigating easement rights between regional restaurant and land developer, and trademark registration for
state and national surfing organizations.
McGuireWoods, Jacksonville, Florida (1/2000 - 12/2001). Commercial litigation department representing bot
institutional and closely-held businesses in disputes from banking procedures to business torts. Representative
matters include litigation arising from the sale of multi-million dollar companies, distributorship termination, the fleet
wide failure of marine engines, and — at trial and 1 1`h Circuit appellate level — the termination of physicians from an
insurance network. Responsible for all aspects of litigation including coordinating and drafting discovery, taking and
defending depositions, and court appearances.
King& Spalding, Atlanta, Georgia (5/1998 - 12/1999). Tort litigation team defending automobile and medical
device manufacturers and commercial litigation team defending Coca-Cola in Pepsico v. Coca-Cola antitrust litigation.
Defended high exposure and nationwide litigation matters (both pending and potential), with extensive experience
addressing document production logistics and privilege issues. Start-to-finish case handling responsibility for General
Motors automotive products liability cases.
JEB T . BRAN HAM
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116. AGENDA ITEM#8B
NOVEMBER 12,2013
City of Atlantic Beach fir,
Response to Request for Proposal
Special Magistrate for Dangerous Dog Enforcement
RESUME, CONTINUED
Hawkins & Parnell, Atlanta, Ga (911995 -411998). Products liability defense for prescription
pharmaceuticals, medical devices, clothing and textiles, and industrial products. Broad range of litigation
experience representing insurers and insureds in commercial disputes and personal injury defense. Start-to-
finish case handling and billing responsibility with extensive client contact. Developed and implemented
document retention policy for international medical device manufacturer. Published opinion: Presto v. Sandoz
Pharmaceuticals Corp., 226 Ga. App. 547,487 S.E.2d 70 (I 997).
PROFESSIONAL ASSOCIATIONS
Elected to the Board of Governors of the State Bar of Georgia in 2013
Member of Florida Bar (member of City, County, and Local Government Law Section and Business Law
Section)
Member of the State Bar of Georgia
Member of the Jacksonville Bar Association
EDUCATION
University of Tennessee College of Law Emory University
Knoxville, Tennessee Atlanta, Georgia
Juris Doctor, cum laude, May, 1995 B.A, English 1992
Honors and Achievements. Top 15% of law school class, dean's list all semesters; University of Tennessee
Law Review; Am.Jur. awards in Con Law II and Criminal Procedure. Merit scholarship from Southeastern
Bankruptcy Law Institute.
BACKGROUND
Born 1970, Knoxville,Tennessee. Married to Michelle for 12 years with one five-year old son. Civic activities
include former Board Member for Frum the Ground Up and Surfrider Foundation, First Coast Chapter. Member
of and Sunday school teacher for Palms Presbyterian Church and served on the search committee for a new
pastor. Member of the legal committee of the Ocean Cay Homeowner's Association.
l r T . BRAN HAM
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AGENDA ITEM#8B
NOVEMBER 12,2013
City of Atlantic Beach
rik
Response to Request for Proposal
L
WIN
Special Magistrate for Dangerous Dog Enforcement
ARM OUTLINE OF FEES & ESTIMATE OF EXPENSES
The fee for my services is $175 per hour.This includes hearing time,time spent preparing hearing
materials,and time spent writing decisions and orders.
The only anticipated expenses are court reporter fees. I anticipate using Powers Reporting for most
hearings.At my request, Powers Reporting has agreed to a flat-fee discounted rate of$75 for hearings.
Preparation of hearing transcripts will cost $4.50 per page,and copeis of transcripts will cost $2.00 per
page.Transcripts are likely to be prepared only when convicted violators appeal.In such instances,the
violator must pay for the transcript. In many instances,the $75 flat fee will be the only fee incurred by
Atlantic Beach.
CONTACT INFORMATION
I can speak about the items described in this proposal. I may be reached at:
3500 3rd Street South
Jacksonville Beach, Florida 32250
904) 339-0500
POSITIVE REFERENCES
The Honorable Shirley Graham The Honorable Stan Totman
Mayor,Town of Callahan Mayor,Town of Baldwin
Telephone: (904) 879-3801 Telephone:(904) 266-503 I
Facsimile:(904) 879-6151 Facsimile: (904) 266-4220
Email: mayor@townofcallahan-fl.gov Email: baldwinmayor@comcast.net
Lisa Purvis
Clerk,Town of Hilliard
Telephone:(904) 845-3555
Facsimile: (904) 845-1221
Email: Ipurvis@townofhilliard.com
JFR T RRANHAM
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