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County Attorney’s Office

County Attorney’s Office. Strategic Planning Process Fiscal Year 2010-2011. Charter.

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County Attorney’s Office

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  1. County Attorney’s Office Strategic Planning Process Fiscal Year 2010-2011

  2. Charter • The County Attorney shall be the legal advisor and provide legal services to the Board of County Commissioners, the County Manager and Departments and Divisions under the supervision of the County Manager, and all County regulatory and advisory boards and agencies in all matters relating to their official duties and responsibilities.

  3. Departmental Mission • To provide legal services to the Lee County Board of County Commissioners, Port Authority, County Administration and the various boards and committees created by the Board of County Commissioners. The County Attorney’s Office seeks to provide the best representation possible by hiring experienced attorneys for specific assignments.

  4. General ServicesSection

  5. General Services Areas of Practice • Legal representation of the Board of County Commissioners • Representation of all County Departments (Except Community Development and County Lands) • Representation of County Intergovernmental and Citizen Advisory Boards • Environmental Services – Issues

  6. General Services Areas of Practice(Continued) • Ordinance Drafting, Amendments and Adoption Hearings • Interlocal Agreements • Sunshine and Public Records Law • MSTU/MSBU • Industrial Development Authority • Economic Development

  7. General Services Areas of Practice(Continued) • Construction and Construction Management Contracts • Communication Tower Agreements • Contracts – Purchasing and Services • Legislation Review and Advice to Staff On New Laws

  8. Major Achievements • Babcock Ranch Acquisition • Conservation 20/20 Acquisitions • Red Sox Stadium Negotiations and Development Agreement • Justice Center Tower Construction and Courthouse Renovations • Justice Center Parking Garage Agreement • Waste to Energy Facility Expansion

  9. Land UseSection

  10. Lee County Comprehensive Plan Land Development Regulations Concurrency Management Program Development of Regional Impact Program Impact Fee Program County Lands (Land Acquisition for Public Facilities, Right-of-Way and 20/20 Program) Zoning and Development Services/Environmental Sciences Land Use Areas of Practice

  11. Land Use Areas of Practice (Continued) • Airport Development – Page Field and SWFIA • Department of Transportation (LU issues) • Code Enforcement • Hearing Examiner • Florida Land Use and Environmental Dispute Resolution Act • Historic Preservation

  12. Land Use Areas of Practice (Continued) • Boards & Committees • Intergovernmental Coordination with Municipalities and School Board (including joint planning agreements) • FGCU – Campus Development Agreements • Review and analyze implications of proposed state legislation during session

  13. Land Use Areas of Practice (Continued) • Babcock Ranch Acquisition and Development • Red Sox Spring Training Facility Site Selection and Permitting • Delinquent Tax Overbids and Claims for Surplus funds • Zemel Annexation and Planning Issues • Assist Litigation Division with defense of lawsuits arising from LU issues

  14. Assisted in Code Enforcement Collections

  15. Tax Overbid Funds Escheated to BOCC after Two Years (Unaudited)

  16. Trial Section

  17. Trial Section Areas of Practice • Condemnation Cases • Civil Cases (federal and state cases) • Bond Forfeiture Cases • Mortgage Foreclosure Cases • Subrogation Cases • Contracts • Workers Compensation • Property Appraiser Cases

  18. Amount Collected fromBond Forfeiture Cases & Mortgage Foreclosure Cases

  19. Personal Injury and Wrongful Death Cases • From 1997 – 2004 the Office handled 8 – 12 cases annually • Currently the Office handles 20 – 25 cases annually

  20. Workers Compensation • In October 2007, the County Attorney’s Office took over Worker’s Compensation Cases. Previously, outside counsel was retained and paid through the Loss Fund at approximately $100,000 per year prior to October 2007. • Currently the Office handles between 5 to 10 cases annually. $Savings in 2007 due to County Attorney handling all new cases.

  21. Cape Coral City of Fort Myers Outside Eminent Domain Attorney Costs of Other Local Governments Outside Counsel costs for eminent domain: No Outside Counsel costs for eminent domain in 2008 and 2009. Last major road project by City of Fort Myers was Veronica Shoemaker Blvd., a joint project with Lee County. The County Attorney’s Office handled the condemnation for the project. 2008 - $235,764 2009 - $219,700

  22. Representation – Property Appraiser • On June 30, 2009, the Board of County Commissioners granted permission to the County Attorney to assume the legal representation of the Lee County Property Appraiser (except in those instances where there may be conflicts of interest between the County and the Property Appraiser). • On July 1, 2009, the Engagement began.

  23. Cost Comparison - Property Appraiser In comparing 4 months of invoices for 2008 and 2009, (County Attorney 2009 billing - $29,216.88) and (Outside Counsel 2008 billing – $148,194.04), the Property Appraiser’s budget reflects a savings of $118,977.16 for the 4 month period in 2009.

  24. Port AuthorityAttorney’s Office

  25. Port Authority Attorney’s Office • Representation of the Board of Port Commissioners • Representation of the Airports Special Management Committee • Representation of all Port Authority Departments • Legislation and Policy Reviews

  26. Port Authority Areas of Practice • Governance Issues - International and General Aviation Airports • FAA and FDOT Grant Agreements • Construction Competitive Bidding, Contracting and Project Management • Airport Nonaviation Land Development and Leasing • Employment Issues • Public Records and Sunshine Law

  27. Major Achievements • Midfield Terminal Complex Construction • Ongoing SWFIA Parallel Runway Limited Site Preparation • SWFIA Baggage Handling System Enhancements • Gulfcoast Technology Center Lease • Page Field Apron Expansion and T- Hangar Construction Projects

  28. Operations

  29. Positions

  30. Organizational Chart

  31. Lee County Attorneys

  32. Operating Expenses Budgeted $3.245 M $3.429 M $4.193 M $3.752 M $3.663 M $3.723 M

  33. Budget

  34. Budget Outline 1. The County Attorney budget for FY 2009/2010 is $3,722,829. which includes salaries, fringes, (no merit or COLA), IGS and operating costs. There is no budget for Sick Leave Buy Back. This figure includes $120,000. from Property Appraiser revenue. 2. FY 09/10 Budget $3,602,820 Property Appraiser Revenue $ 120,000 $3,722,829 FY08/09 Budgeted Amount $3,968,635 Total Decrease $<245,806> for 09/10 (6.19%) 3. • Total Personnel Positions: 31 (16 attorneys / 15 support staff) • Three vacancies – (2) Land Use Assistant County Attorney and • (1) Land Use Legal Administrative Assistant • 6/14 Attorneys certified in City, County, Local Governmental Law: • Owen, Hagen, Turner, Collins, Lehnert, and Fredyma.

  35. Budget Outline (Continued) 4. Total IGS charges for FY 2009/2010 - $176,673. Total IGS charges for FY 2008/2009 - $209,610. - decrease of <$32,937> (15.71%) 5. Anticipated Revenues for FY 2009/2010 from the Lee County Port Authority are $183,501. for reimbursement of a percentage of Greg Hagen, Jed Schneck and Diana Delgiacco’s salary and fringes. Total anticipated Revenue for FY 2009/2010 is $377,501. which includes: Port Authority Reimbursement $183,501. External Xerox $1,000. Personal Injury $60,000. Worker’s Compensation $4,000. Misc. Revenues $2,500. Refund Prior Year Expenditures $1,500. Bail Bond Stipulations $5,000. Property Appraiser $120,000.

  36. Budget Outline (Continued) 6. FY 2009/2010 – Outside Counsel (Legal Services) is budgeted at $156,325. Decrease from $190,000. in FY 08/09. FY 2009/2010 – Expert Witness Fees are budgeted at $35,000. 7. FY 2005/2006 – School Impact Fees – Outside Counsel – a special account was established and invoices were being paid from this GC account string. As of 9/30/09, the total expenditure for School Impact Fees Outside Counsel for FY 08/09 was $1,658.96. The case was settled for $1 M. Paid out of a special escrow account funded by the impact fees.

  37. Budget Outline (Continued) 8. FY 2008/2009 – South Fort Meade Mine – Outside Counsel was paid out of a separate account string number. As of 9/30/09, the total expenditure for South Fort Mead Mine Outside Counsel for FY 08/09 was $691,427.17. The South Fort Meade Mine Case will be heard by the Second District Court of Appeals in the near future. The appeal was funded on a not to exceed fixed fee basis for $77,500.00 in February of 2009. 9. FY 2008/2009 – ONA Mine Appeal – Outside Counsel was paid out of a separate account string number. As of 9/30/09, the total expenditure for ONA Mine Appeal Outside Counsel for FY 08/09 was $7,358.33.

  38. Budget Summary By Year

  39. Comparables

  40. Where Are We Now? • Budget decrease of $365,806 for FY 09/10 • Surrendered 2 positions in FY 08/09 • 3 Vacant Positions in FY 09/10 • 2 Attorney’s working reduced hours (32 hours/week) • Have not added an attorney position since FY 90/91

  41. Where Are We Now?(Continued) • Reduced outside counsel costs • Reduced witness costs • Doing more cross-training and revisions to assignments for more flexibility

  42. Where Are We Now?(Continued) • Eliminated warehouse costs by scanning over 1,289 boxes of paper files • Postage reduction by utilization of electronic mail instead of regular mail • More efficient with supplies and paper by scanning, electronic mail, double siding • Reduced copying

  43. Where Are We Now?(Continued) • Utilizing Westlaw on line for legal research • Reduced law book subscriptions and publications • Eliminated payment of recertification for Florida Bar Board Certified Attorneys – now Certified Attorney’s responsibility ($250 savings per attorney) • Lee County Bar Membership paid only for the County Attorney

  44. Where Are We Now?(Continued) • Reduced U.S. Middle District Court of FL dues to only Trial Section Attorneys; all others – responsibility of the individual attorney • Florida Bar Memberships only – discontinue payment of Bar Specialty Sections • Most CLE’s obtained electronically • Eliminated higher education payments costs

  45. Where Are We Now?(Continued) • Significantly reduced travel • Web-based and audio seminar attendance instead of in-person attendance • Motion-activated light switches throughout the office • Replaced copiers with more efficient model at a lower rate per month- savings of $4,460. per year.

  46. Where Are We Going? • In a slow economy – legal services generally go up. • Demand for certain legal services from the Board and the Administrative Departments goes up. • Conversely, development goes down but foreclosures and bankruptcies go up. • Further reduction in staff would result in a reduction of Core Service Delivery.

  47. Where Are We Going? (Continued) • Keep working on additional cost savings to Lee County and the office: ◊ Property Appraiser Work Legal Advertising Costs Further refining of Assignments and Additional Cross-Training Further Reductions in Operational Costs where possible ◊ ◊ ◊

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