Agenda

Back to Calendar Return

County Attorney's Report 11. 2.

BCC Regular Meeting

Action

Meeting Date:	06/20/2019
Issue: Request for Legal Representation of County Employees
From:	ALISON ROGERS
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Ratifying the Engagement Letter for Representation of County Employees.

That the Board take the following action:

A. Ratify the retention of Attorney Ann Bittinger who will represent multiple individual County employees under investigation by the Florida Department of Health/Medical Quality Assurance; and

B. Waive the Board policy regarding Legal Representation for Commissioners and County Employees to allow a higher hourly rate due to the unique opportunity to allow outside counsel to represent all subject employees simultaneously; and

C. Require any billing over $15,000.00 to be expressly authorized prospectively by the County Attorney in writing.

BACKGROUND:

There are multiple individual County employees currently facing investigation by the Florida Department of Health/Medical Quality Assurance. Due to concerns about ethical conflicts, the County Attorney advises outside counsel should be retained to represent the interests of these individuals. The County's Legal Representation for Commissioners and County Employees Policy encourages prospective retention of counsel for its employees.

Ms. Bittinger bills at $500.00 per hour but provides a unique opportunity in that her experience and expertise allow her to represent all the subject employees, with the possibility of addressing multiple employees with similar filings. This efficiency more than justifies waiver of the policy's billing rate ceiling. The County Attorney's professional services line item will accommodate this expense.

BUDGETARY IMPACT:

The County Attorney's professional services line item will accommodate this expense.

LEGAL CONSIDERATIONS/SIGN-OFF:

In order to allow for prompt filings with the Florida Department of Health, the County Attorney executed the letter on June 11, 2019, and allowed the work to commence.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

Escambia County Board Policy, Legal Representation for Commissioners and County Employees, Section II, Part C.35

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Board Policy - Legal Representation