Agenda

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County Attorney's Report 10. 1.

BCC Regular Meeting

Action

Meeting Date:	01/07/2020
Issue: Retention of Outside Counsel
From:	ALISON ROGERS
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Retention of Outside Counsel.

That the Board take the following actions:

A. Ratify the County Attorney's execution of the retention letter dated December 19, 2019, that retained Nabors Giblin & Nickerson P.A. to represent Escambia County and Commissioner Underhill in his official capacity only with regards to two pending civil cases; and

B. Ratify the withdrawal of the County Attorney's Office and the Substitution of Nabors Giblin & Nickerson in federal case 3:19-cv-044240MCR/EMT; and

C. Authorize Nabors Giblin & Nickerson to represent Escambia County in state case 2019 CA 002004.

BACKGROUND:

David Bear has brought two lawsuits against Escambia County, Commissioner Underhill in his official capacity and Douglas Underhill in his personal capacity that are related to Florida’s Public Records Act and certain Civil Rights claims. The County Attorney and at least two of her staff are necessary witnesses to factual matters in the cases, creating a conflicting situation requiring the retention and substitution of outside counsel. Nabors Giblin & Nickerson P.A. specializes in local government legal issues and has agreed per the attached retention letter to provide representation to the County and the Commissioner in his official capacity.

BUDGETARY IMPACT:

Internal Services 501 Fund.

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Retention Letter
County's Motion to Withdraw - Case No.: 3:19-cv-04424-MCR/EMT
Notice of Appearance - Case No.: 3:19-cv-4424-MCR/EMT
Notice of Appearance - Case No.: 2019 CA 002004