County Attorney

Profile

The Office of the County Attorney represents the Board of County Commissioners and its Administrator in all civil legal matters arising in the discharge of their official duties.

The County Attorney is responsible for the prosecution and the defense of all lawsuits brought by or against the County, the representation of the County at administrative hearings, the drafting or review of ordinances and resolutions, approval of all contracts, bonds or written instruments as to form and legal sufficiency and the rendering of legal opinions upon request to the Board of County Commissioners, constitutional officers and the County Administrator.

In addition, the Deputy County Attorney and the Assistant County Attorneys, upon request, provide legal support for County Boards and Advisory Committees.

With its staff of highly trained and experienced attorneys, and skilled support staff, the Office of the County Attorney is committed to carry out its mission. All systems and policies of the County Attorney’s Office will be developed to support this commitment.

Areas of Law

A. Administrative Law: The Office of the County Attorney represents Escambia County, its officials and employees, at all levels and in all issues that are subject to the Florida Administrative Procedure Act, Chapter 120, Florida Statutes. This representation involves all aspects of administrative law, including the investigations, administrative hearings and appeals.

B. Appellate Law: The Office of the County Attorney represents the County in all appellate proceedings brought in an administrative forum, or in state and federal courts.

C. Civil Litigation/Contracts and Torts: The Office of the County Attorney defends civil actions brought against the County under state or federal law for alleged intentional or negligent conduct that causes injury to a person or damages to property. These claims include allegations of negligent operation of a motor vehicle and negligent maintenance of improvements to public buildings, roads and other infrastructure.

The County Attorney’s Office represents the County in suits authorized by the Board of County Commissioners to recover damages to public property as well as the recovery of damages or losses as a result of a breach of any contract by a vendor, supplier, contractor or other party.

D. Civil Rights: The Office of the County Attorney defends civil actions brought against the County, or its officers and employees, involving violations of an individual’s constitutional rights and certain federal statutory rights, such as, claims under the 4th, 8th, and 14th amendments, claims under ADEA, ADA, FMLA, Title VII, Florida Civil Rights Act of 1992 and EEOC and FCHR administrative complaints. Employment matters before the Merit System Protection Board and advice to Administration regarding employee grievances, personnel policies, internal disciplinary actions, and due process hearings.

E. Code Enforcement: The Office of the County Attorney prosecutes select Notices of Violation brought before the Special Master as established by Chapter 162, Florida Statutes, and Chapter 30, Article II, Section 30-31 through 30-38 of The Escambia County Code of Ordinances. Notices of Violation are issued for violations of the County Code provisions governing health, environment, noise, nuisances, land use and zoning regulations.

The Office of the County Attorney is also responsible for filing of nuisance abatement liens to recover the County’s costs in clean-up of violations, as well as filings necessary to accomplish the release of liens when directed by the Board.

F. Collective Bargaining: Negotiations between an employer and the representatives of organized employees to determine the conditions of employment, such as wages, hours, discipline, and fringe benefits.

G. Contract and Construction Law: The Office of the County Attorney reviews all contracts to which the County is a party, including contracts for professional services subject to the CCNA, construction projects, special events, leases, use permits, grants and public works. The contract review process entails an initial review of the contracts for form and correctness and, if necessary, modification before execution. With respect to contracts for professional services subject to CCNA, the office represents the County in all phases of solicitation, ranking, selection, negotiation and dispute resolution. As to construction contracts, the office represents the County in all phases of construction including dispute resolution. All contracts wherein the County is a purchaser are reviewed for consistency with state and county procurement law.

H. Corrections: In October 2013, the County assumed management of the Escambia County Jail and the Office of the County Attorney advises its employees on all of corrections’ legal issues.

I. County Boards and Committees: The Office of the County Attorney, provides legal counsel for those boards and committees under the BCC, including sitting with the Planning Board, BOA, and Contractor’s Competency Board, and advice and training to numerous committees such as HRC, MAC, ASAC, Extension Council, etc.

J. Election Law: The Office of the County Attorney, upon request, represents the Supervisor of Elections in all legal matters, including contract review, statutory interpretation and litigation. The office also monitors all canvassing board activities and serves as counsel to the Canvassing Board

K. Eminent Domain: Upon a determination of public necessity by the board, the Office of the County Attorney institutes condemnation proceedings under the Florida Eminent Domain Law. Condemnation proceedings arise when negotiations to purchase property to be used for roads and other public facilities have been unsuccessful.

L. Franchise: Escambia County grants franchises to private entities which provide water, solid waste, electrical and gas services to the citizens of Escambia County. The Office of the County Attorney assists staff in the preparation of ordinances and contracts relating to the granting and operating of such franchises and renders legal opinions on matters relating to these franchises.

M. General Government Practice: The Office of the County Attorney advises the Board and County bureaus in local government matters such as the Florida Code of Ethics for Public Officials, dual office holding restrictions, government in the sunshine laws, financial disclosure laws and other statutes or regulations pertaining to local government officials.

N. Intergovernmental Agreements: Escambia County has interlocal agreements with the City of Pensacola, the Town of Century and other governmental entities such as ECUA and the School Board. These agreements address a wide range of issues.

The Office of the County Attorney routinely reviews or prepares new interlocal agreements and amendments to existing agreements and provides assistance as requested by Administration.

O. Labor/Employment Law: The Office of the County Attorney represents Escambia County in employment matters before the Merit System Protection Board and provides advice to Administration regarding employee grievances, personnel policies, internal disciplinary actions and due process hearings. Additionally, the County Attorney’s Office works in conjunction with the County Administrator to emphasize preventative law. The County Attorney represents the County in all employment related litigation unless there is a conflict of interest.

P. Land Use and Planning: The Office of the County Attorney advises and represents the County in all land use, planning, zoning and land development regulation matters including: County initiated rezonings; administrative appeals before the Board of Adjustments (upon request), special exceptions and variances (where the County is the applicant); the development, amendment and implementation of the Comprehensive Plan and land development regulations. The Office of the County Attorney serves as counsel to the Board of Adjustment, the Planning Board and the Board of County Commissioners during public hearings on land use matters. The office represents the County in proceedings before state agencies on these issues. The office provides legal counsel to the Department of Growth Management Development Services, and Neighborhood and Environmental Services for matters involving the County’s Comprehensive Plan and Land Development Code.

Q. Natural Disasters and Emergencies: All facets of the law pertaining to hurricanes and other threats to public safety, including oil spills, police powers, FEMA disputes, NIMS, and emergency procurements.

R. Real Property Law: The Office of the County Attorney routinely drafts and reviews legal documents relating to easements, dedications and conveyances and represents the County in all real property transactions as well as lawsuits arising from real property matters. The office reviews all contracts and instruments on behalf of Neighborhood Enterprise Foundation, Inc.

S. Risk Management: The County Attorney provides legal support and counseling for all functions of the County’s Risk Management, Safety and Loss Control Program, including the acquisition and management of the County’s insurance policies, bonds, negotiations, settlements, and subrogation of property and liability claims as requested. The Risk Manager serves as a part of the Board of County Commissioners’ senior executive service management team, regularly participating in decision-making sessions and is accountable for the legal and financial efficacy of the assigned areas of the Risk Management and Safety Program. Work is performed independently with latitude of judgment within the boundaries of the law.

T. Workers’ Compensation: In certain instances, the County Attorney’s Office provides professional services in the processing, administration, litigation and settlement negotiation of workers’ compensation cases for all employees of the Board of County Commissioners, all the Sheriff’s Office employees and all employees of the Santa Rosa Island Authority. When necessary, this office provides guidance on reimbursement for workers’ compensation benefits already provided as well as satisfaction of workers’ compensation liens.

1. Continue to search for money saving ideas in order to balance resources with ever-increasing demands. We will continue to review all possibilities for the best use of tax dollars while maintaining quality people and product.
2. Continue to upgrade its library in a cost-effective manner in order to be able to provide accurate and timely legal advice to the Board of County Commissioners. Regularly evaluate our use of the Westlaw databases as to attorneys’ needs and determine whether other databases or subscriptions would be more effective. As more and more publications are becoming available on the internet, the County Attorney’s Office is reducing the amount of print volumes that are kept on hand in its library. For example, the Florida Statutes and Laws of Florida are available on-line from 1997 to present. The County Attorney’s Office has removed the volumes from 1997 through the present from its shelves and has been able to increase the amount of shelf space for newer publications.
3. Streamline research materials and other resources in order to provide accurate and timely legal advice to the Board of County Commissioners. Our office has expanded its use of the Westlaw databases which has allowed our legal research to be more efficient and accurate. We have and continue to evaluate the print publications for applicability and overall levels of use. We have cancelled and consolidated duplicate subscriptions (i.e., print and Westlaw subscriptions) in an effort to reduce costs, where savings can be achieved.
4. Continue to develop incentives to encourage professional development of in-house legal staff such as continuing legal education (CLE) and obtaining board certification in areas of practice relevant to their positions with the County. CLE’s taken this year by attorneys/staff include: 2020 Florida Legislative Wrap-Up, 2020 FACA Annual CLE Seminar, 2020 FACA Mid0Year Conference, 44th Annual Public Employment Labor Relations Forum, CARES Act Review, City, County and Local Government Certification Review, FEMA/NIMS (the County Attorney’s Office remains 100% compliant with training requirements), How to Zoom Hearing, Land Use 2020, Navigating Public Employees’ Speech Rights, Social Media, Government, and the First Amendment, and Sunshine Law, Public Records, and Ethics.
5. Continue to improve the system for lien foreclosures of all unpaid nuisance abatement, code enforcement and special assessment liens
6. Continue to provide in-house educational programs, such as workshops concerning the Sunshine Law to help County staff avoid legal pitfalls before they happen with special emphasis on reducing the County’s exposure to civil liability. This office appeared before the following committees to discuss the Sunshine Law: ADA Disability Awareness Committee, Affordable Housing Advisory Committee, BID Inspections Fund Advisory Board (IFAB), Board of Adjustment (BOA), Board of Electrical Examiners, BRACE, Contractor Competency Board, Escambia Marine Advisory Committee, Extension Council, Human Relations Commission, Planning Board, Library Board of Governance, Tourist Development Council, Youth Commission. This office will periodically brief the Board of County Commissioners, Department Directors and Program Coordinators on the Sunshine Law.
7. Continue development of a computerized filing system to reduce the need for cabinetry and storage space; and are continuing the process of destruction of obsolete files in accordance with laws relating to records disposition.
8. Long-Term Goals: Continue to critique and develop a filing/indexing system that will reduce the need for more storage and at the same time keep valuable records and use CountyLaw as fully as possible; not only for access while in the office, but also to have data and documents accessible from outside the office in case of an emergency situation. Continue to scan and transfer important documents to CountyLaw for retrieval.
9. Work to retain staff of proven worth and excellence: It is this office’s intent to retain staff of proven worth and in doing so we strive to make the office conducive for productive work. Furthermore, we encourage professional enhancement by supporting attendance at seminars or participation in professional organizations.
10. Continue to provide legal support to the Jail staff following assumption of jail management in October 2013.
11. Continue working with the Merit Systems Protection Board attorney Keith Wells to resolve issues regarding the interpretation of the Merit Systems Protection Board ordinance and rules and making adjustments as necessary to meet current budgetary restraints.
12. Options for Continuing Legal Education to save on travel costs. Continuing legal education has increasingly become available via internet. Attorneys have been able to attend seminars and obtain the CLE hours necessary to maintain their bar membership through use of the internet.
13. Increased awareness and participation with Administration. Our office attends as many meetings with Administration and the Department Directors as possible, which has increased our knowledge as to current and future endeavors, enabling us to be better prepared for certain meetings.
14. Nice to each other/teamwork. In continuation of our “customer service” our office is also implementing the same approach with each other, e.g. making sure we are courteous and cordial towards fellow co-workers, taking that extra minute to stop and ask “how are things going” and listening to the answer, inviting input on certain tasks and projects. We are striving to implement teamwork in all facets of our jobs. We all do this together, thus practicing teamwork (the ability to work together towards a common vision).
15. Efficient provision of services. We are complying with our Mission Statement to provide quality legal services to the Board of County Commissioners and to County Administration in a timely, professional and cost effective manner. We have CountyLaw that is case management software with the capability of tracking assignments and cases, and can assist in filing, records management and providing objective measures to the Board of County Commissioners or the public.

For additional information please see our interactive reports here

Board of County Commissioners Department