Agenda

Back to Calendar Return

County Attorney's Report 15. 3.

BCC Regular Meeting

Action

Meeting Date:	02/16/2017
Issue: Request for Legal Representation of Marilyn Wesley, former Director of Community Affairs
From:	Alison Rogers
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approving the Retention of Attorney Erica Reed to Represent the County’s former Director of Community Affairs, Marilyn Wesley Regarding a Complaint File in the First Judicial Circuit Court

That the Board approve the retention of Attorney Erica Reed for an hourly rate of $250.00 to represent the County’s former Director of Community Affairs, Marilyn Wesley regarding a third amended complaint filed in the First Judicial Circuit Court.

BACKGROUND:

Marilyn Wesley, is a defendant in a civil action brought by Danielle Riggins pending in Escambia County Circuit Court, Case No.: 2015 CA 001250. The claim for damages concerns the destruction of Ms. Riggins’ pet dog on or about August 30, 2013. Ms. Riggins is seeking emotional distress damages that she suffered in addition to property damage relating to her dog. On that date, Ms. Wesley was the Director of Community Affairs. The Animal Services Division was under her supervision. Ms. Wesley was acting in the course and scope of her employment as the Director of Community Affairs when the destruction of Ms. Riggins’ pet dog occurred. It does not appear that Ms. Wesley acted in bad faith or with willful and wanton disregard of the property rights of Ms. Riggins, but Ms. Riggins’ attorney has made these allegations in a third amended complaint filed in this suit.

Ms. Wesley will be represented by Erica Reed, 816 E. LaRua Street, Pensacola, FL 32501. Attached is the retainer agreement executed between Ms. Wesley and Ms. Reed. Ms. Reed will be charging $250.00 per hour. Attached also is the resume provided by Ms. Reed. It appears that the hourly rate being charged by Ms. Reed is consistent with the market rate for attorneys in the Pensacola/Escambia County community for attorneys with the qualifications and experience of Ms. Reed.
The County has filed a motion to dismiss the third amended complaint as to the allegations against it. Ms. Wesley’s attorney will have to address the allegations against her once she makes an appearance. Retaining counsel for Ms. Wesley is consistent with County policy.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

Board’s policy concerning Legal Representation for Commissioners and County Employees, Section B, paragraph 2 “Reasonable attorney’s fees”.

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Board Policy - Legal Representation for Commissioners and County Employees
Resume - Attorney Erica Ashley Reed
Retainer Agreement Between Attorney Reed and Ms. Wesley