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County Attorney's Report 13. 2.

BCC Regular Meeting

Action

Meeting Date:	11/06/2014
Issue: One-Time Appointment of Code Enforcement Special Magistrate; Rolling Hills Construction and Demolition Debris Facility
From:	Kerra Smith
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the One-Time Appointment of a Code Enforcement Special Magistrate; Rolling Hills Construction and Demolition Debris Facility.

That the Board take the following action:

A. Appoint R. Todd Harris to serve as Special Magistrate in the Code Enforcement Proceedings related to Rolling Hills Construction and Demolition Debris (C&DD) Facility.

B. Authorize the Chairman to execute an agreement in substantially the same form as attached, and subject to legal approval, which will allow Mr. Harris to act as a Special Magistrate in the Environmental Code Enforcement proceedings against Rolling Hills C&DD Facility. The agreement will authorize the county to pay Mr. Harris $145 per hour and allow Mr. Harris to bill at a rate of $75 per hour for a paralegal, which is the same compensation paid to current Code Enforcement Special Magistrates.

BACKGROUND:

Escambia County Environmental Code Enforcement has issued Notices of Violation to Rolling Hills C&DD Facility. There are currently three attorneys appointed to serve as Special Magistrates in code enforcement cases. All three Special Magistrates either recused themselves or have been recused from the Rolling Hills C&DD Facility code enforcement action making it necessary to make a special one-time appointment of a Special Magistrate to hear the case. Section 30-32 of the Escambia Code of Ordinances requires that Special Magistrates be appointed by the Board. A qualified candidate must be an attorney with no less than five (5) years experience, which must include courtroom and administrative experience.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

This Recommendation was prepared by Assistant County Attorney, Kerra A. Smith.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Agreement
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