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County Attorney
Departmental Litigation
Representation
Departmental Representation Litigation
59 Positions
DEPARTMENT: COUNTY ATTORNEY DEPARTMENT SUMMARY
MISSION
To provide quality legal advice and representation to the Board of County Commissioners, County Administration, and
departments in a timely, cost effective, and efficient manner.
SUMMARY OF SERVICES/FACILITIES
The County Attorney’s Office was established under County Attorney’s Office defends the County in all civil
Section 4.3 of the Charter of Palm Beach County as an actions and coordinates all outside legal services. The
independent office. The County Attorney is appointed Office provides legal advice and opinions, prepares and
by the Board of County Commissioners, serves at the reviews legislation, and drafts all legal documents
pleasure of the Board, and is responsible directly to the required in conducting business for the County including
Board. The Office is charged with conducting all the contracts, resolutions, ordinances, bonds, and leases.
legal affairs for the Board of County Commissioners,
The County Attorney’s Office consists of two programs:
County Administration, departments, boards, and
Departmental Representation (including the BCC,
commissions. In addition, the Office provides legal
County Administration, Solid Waste Authority, and all
advice and general counsel to certain Constitutional
Boards and Commissions) and Litigation.
Officers, other agencies of County Government, Solid
Waste Authority, and the Health Department. The
TRENDS AND ISSUES
Court Appointed Attorney Costs Containment A hearing was held on the post-judgment motion on
Program: The County’s obligation to pay for legal March 30, 2005. The parties are awaiting the court’s
representation of indigent defendants in criminal matters decision on the post-judgment motion.
ended July 1, 2004, pursuant to Revision 7 of Article V
Scripps: The Scripps team of Attorneys has worked
of the Florida Constitution. There are a few outstanding
with Planning, Zoning and Building and the County
conflict costs bills from prior to 2004 that are being
Engineer in preparing changes to the Comprehensive
processed. Additionally, the County, along with the
Plan and the Unified Land Development Code in
Florida Association of Counties and several other
anticipation of Scripps-related development at the Mecca
individual counties, challenged a 2004 statute which
site. The Scripps Research Institute will be building a
declared that, starting on October 1, 2004, the cost of
biomedical research campus. This project is expected to
keeping each accused juvenile defendant in detention
create 2,777 jobs at Scripps and a total of 6,500 jobs
prior to his or her trial was to be shifted from the state to
within the next 30 years.
the counties. The counties won a summary judgment on
November 12, 2004, declaring that the statute was Litigation continues with respect to the Scripps project.
unconstitutional in light of revisions to Section 18, The County had a significant victory when the
Article VII, of the Florida Constitution. In the order Department of Community Affairs issued a final order,
granting summary judgment, the court permanently based on the decision of the administrative law judge
enjoined implementation of the cost-shifting measure. finding the Scripps-related Comprehensive Plan
In special session, the Legislature re-enacted the amendments "in compliance" with the State
cost-shifting bill by a 2/3 majority. Thereafter, the state Comprehensive Plan and related planning statutes.
filed a post-judgment motion hearing, seeking relief Earlier, another administrative law judge had similarly
from the final judgment, asking the court to dissolve the ruled in the County’s favor in a challenge to the
injunction, and asking that court to declare the earlier County’s South Florida Water Management District
judgment moot in light of the subsequent legislative act. Environmental Resource Permit for conceptual approval
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DEPARTMENT: COUNTY ATTORNEY DEPARTMENT SUMMARY
TRENDS AND ISSUES
of a surface water management system to serve the restrain the County from completing the water service
Biotechnology Research Park – a decision which is pipeline necessary for the Scripps project. The court
presently on appeal in front of the Fourth District Court heard arguments on the motions for temporary
of Appeal. injunction on May 20.
The County is defending two circuit court actions CityPlace: The Board approved a Settlement Agreement
challenging the consistency of Scripps development relating to the Convention Center hotel site on March 1,
orders with the County’s Comprehensive Plan and 2005. Subsequently, the parties to the Settlement
alleging that the County’s agreement with Scripps to Agreement requested changes to it. The Settlement
develop the Mecca Farms site constitutes "contract Agreement resolves all existing claims in the
zoning." The County has filed a Motion to Dismiss in Declaration Litigation and RFP Litigation. Such
one of the circuit court actions and a Motion for Agreement requires the County to pay $10,000,000 to
Summary Judgment in the other. The Motion to Dismiss purchase the hotel site, and requires the parties to modify
was heard by the Court on March 16, and the County is the Declaration of Covenants and Restrictions burdening
awaiting the Court’s ruling. The County’s Motion for the hotel site to substantially reduce its impact on the
Summary Judgment was heard on June 30. Also in hotel site by, among other things, eliminating
circuit court is an appeal from the decision of the Board CityPlace’s repurchase option. As modified, the
of County Commissioners to pass zoning resolutions Declaration will simply deed restrict the hotel site to use
related to the Scripps Research Park. In the appeal, only as a first class convention center hotel with a
petitioners allege that they were denied due process, that minimum of 300 rooms, hotel accessory uses, and
the Board was not a neutral decision-maker, that the condominiums. The Settlement Agreement also requires
Board failed to disclose ex parte communications, and the County to cause the developer of the hotel to include
that the Board departed from the essential requirements in the design of the hotel project up to 104
of the law in passing the challenged zoning resolutions. condominiums which have a taxable value of at least
Oral arguments have been heard in the circuit court $32,000,000 and to pay any tax shortfall under certain
appeal and the County is awaiting a decision from the circumstances. The County will request firm bids to
appellate panel. provide $10,000,000 in bond anticipation notes for
closing upon the hotel site. On April 11, 2005, Judge
The County’s permit from the Army Corps of Engineers Jonathan Gerber entered an Agreed Order Approving
for the dredging and filling of the Mecca Farms Site has and Adopting the Settlement Agreement and Dismissing
also been challenged in a federal court action; the the Case with Prejudice.
County was not named as a party in the federal court
case. Additionally, Indian Trail Improvement District
and the City of West Palm Beach have filed motions for
temporary injunction in an unrelated circuit court case to
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DEPARTMENT: COUNTY ATTORNEY DEPARTMENT SUMMARY
FINANCIAL SUMMARY
FINANCIAL & FY 2004 FY 2005 FY 2005 FY 2006
STAFFING SUMMARY Actual Budget Estimated Budget
REVENUES GENERATED
Inter-Departmental Charges $1,169,755 $1,659,500 $1,659,500 $1,662,500
Other 11,259 4,400 7,400 12,400
TOTAL $1,181,014 $1,663,900 $1,666,900 $1,674,900
APPROPRIATIONS
Personal Services $4,714,342 $4,997,623 $4,856,984 $5,338,062
Operating Expenses 315,149 391,132 306,522 471,998
Capital Outlay 24,773 92,660 109,418 20,250
TOTAL $5,054,264 $5,481,415 $5,272,924 $5,830,310
STAFFING
Positions 59 59 59 59
Full Time Equivalents (FTEs) 59.00 59.00 59.00 59.00
PERFORMANCE MEASURES FY 2004 5 Year Benchmark FY 2005 FY 2006
Actual Trend Comparison Budget Target
Number of County Attorneys 28 0% n/a 28 28
Ratio of Attorneys to total County* 1:224 +2.2% n/a 1:224 1:255
* Includes SWA
SIGNIFICANT CHANGES FROM PRIOR YEAR
Capital Improvement Plan: The County Attorney’s New Eminent Domain Tracking System: The
Office continues to evaluate the short-term and long- County’s ISS Department modified the Legal Assistant
term capital improvement needs for office equipment Software Program to include a section specifically
and furniture. Computer hardware is being upgraded designed to track Eminent Domain litigation. The new
according to the replacement plan developed by ISS. At enhancement in the software provides the ability to track
least one-quarter of the computers are replaced annually, owners and their parcels and see the attrition through
which allows the office to stay current with the advances time for the parcels that are being litigated. This method
in technology. of tracking the owners and parcels assists with managing
the eminent domain workload and provides management
This year the focus was on improving secretarial
with a more accurate picture of the eminent domain case
workstations, which involved replacement of the original
load.
office furniture. This was done in two phases. The East
side of our office was completed mid-February and the
West side in early June. These secretarial workstations
had been in use for more than 20 years and were no
longer efficient (very small work surface, incompatible
with desk-top computer use, etc.).
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DEPARTMENT: COUNTY ATTORNEY PROGRAM: DEPARTMENTAL REPRESENTATION
DEFINITION OF PROGRAMS AND SERVICES
To represent the Board of County Commissioners, County Administration, County departments, and the Solid Waste
Authority for all non-litigation issues. Primary services include:
► provide legal advice and counsel on the interpretation and enforcement of federal, state, and local laws and
rules affecting County government;
► draft and/or review all official documents (i.e., ordinances, leases, contracts, resolutions, etc.);
► provide legal advice and representation on matters overseen by the boards and commissions;
► provide ethics and conflict of interest opinions to the Board of County Commissioners and its employees; and
► handle administrative actions and hearings (i.e., personnel appeals, code enforcement, etc.).
PROGRAM OBJECTIVES FOR FY 2006
► Purge office files pursuant to the County’s Records Management guidelines.
► Continue to perform a comprehensive review of the County Attorney’s Office Policies and Procedures
Manual.
PERFORMANCE MEASURES FY 2004 5 Year Benchmark FY 2005 FY 2006
Actual Trend Comparison Budget Target
Resolutions and ordinances
prepared/reviewed 643 +11.8% n/a 1,300 750
Contracts and agreements
prepared/reviewed 2,726 -3.0% n/a 4,500 3,000
Agenda items prepared/reviewed 2,621 -3.6% n/a 3,000 2,750
BCC inquiries/legal advice rendered 886 +15.4% n/a 400 800
% of budgeted revenues collected 66.2% -0.9% n/a 100% 100%
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DEPARTMENT: COUNTY ATTORNEY PROGRAM: DEPARTMENTAL REPRESENTATION
FINANCIAL SUMMARY
FINANCIAL & FY 2004 FY 2005 FY 2005 FY 2006
STAFFING SUMMARY Actual Budget Estimated Budget
REVENUES GENERATED
Inter-Departmental Charges $760,341 $1,078,675 $1,078,675 $1,080,625
Other 7,318 2,860 4,810 8,060
TOTAL $767,659 $1,081,535 $1,083,485 $1,088,685
APPROPRIATIONS
Personal Services $3,394,326 $3,598,289 $3,497,028 $3,843,405
Operating Expenses 226,907 281,615 220,696 339,839
Capital Outlay 17,837 66,715 78,781 14,580
TOTAL $3,639,070 $3,946,619 $3,796,505 $4,197,824
STAFFING
Full Time Equivalents (FTEs) 43.50 43.50 43.50 43.50
SUMMARY OF KEY FUNDING/SERVICE ISSUES
Computer Upgrade: The long-term office plan, Departmental Representation: Figure 1 depicts the
designed by ISS, addresses the need to replace one- utilization of staff time.
fourth of the computers (no monitors) each year,
Figure 1
allowing the Office to maintain a workable standard.
Estimated Fiscal Impact: $20,250
Departmental Representation
Closing 0%
Negotiations 0%
Contracts 5%
Review File/Facts
5%
Correspondence 9%
Hearings/Trials 1%
Seminar/Educ. 7%
Meetings/Conf 17%
Miscellaneous 3% Pleadings Prep/Rev.
3%
Res/Ord. Agenda
Phone Conferences 6%
20%
BCC/Citizen/Legal
Opinions 2%
Preparation 1%
Research 7%
Document
Prepared/Rev. 14%
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DEPARTMENT: COUNTY ATTORNEY PROGRAM: LITIGATION
DEFINITION OF PROGRAMS AND SERVICES
To provide legal advice and litigation support to the Board of County Commissioners and County departments.
Primary services include:
► defend Palm Beach County in all litigation;
► file actions on behalf of the Board of County Commissioners;
► handle the review and cost containment of the attorney’s fees program for indigent defendants and
reimbursement of costs for acquitted defendants; and
► oversee the legal aspects of the in-house collection program.
PROGRAM OBJECTIVES FOR FY 2006
► Continue computerized monitoring of all cases.
PERFORMANCE MEASURES FY 2004 5 Year Benchmark FY 2005 FY 2006
Actual Trend Comparison Budget Target
Cases filed by Palm Beach County 33 +31.7% n/a 25 30
Cases filed against Palm Beach County 320 -10.2% n/a 575 350
Active lawsuits 1,029 +8.5% n/a 900 1,100
In-house construction cases 2 +66.7% n/a 1 2
Cases resolved by pre-trial negotiation 10 -0.3% n/a 10 10
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DEPARTMENT: COUNTY ATTORNEY PROGRAM: LITIGATION
FINANCIAL SUMMARY
FINANCIAL & FY 2004 FY 2005 FY 2005 FY 2006
STAFFING SUMMARY Actual Budget Estimated Budget
REVENUES GENERATED
Inter-Departmental Charges $409,414 $580,825 $580,825 $581,875
Other 3,941 1,540 2,590 4,340
TOTAL $413,355 $582,365 $583,415 $586,215
APPROPRIATIONS
Personal Services $1,320,016 $1,399,334 $1,359,956 $1,494,657
Operating Expenses 88,242 109,517 85,826 132,159
Capital Outlay 6,936 25,945 30,637 5,670
TOTAL $1,415,194 $1,534,796 $1,476,419 $1,632,486
STAFFING
Full Time Equivalents (FTEs) 15.50 15.50 15.50 15.50
SUMMARY OF KEY FUNDING/SERVICE ISSUES
Types of Litigation: Figure 2 depicts the relative Litigation Staff Time: Figure 3 depicts the utilization
number of cases handled in the various types of of staff time per type of litigation.
litigation in the Office.
Figure 2 Figure 3
Types of Litigation Litigation Hours
Wrongful Death
Declaratory Relief 2% Employment 3% Appeals
Quiet Title 4%
Construction < 1% Eminent Domain 13% Discrimination 4%
1%
Breach of Contract
8%
Environmental Personal Injury
Control < 1% 23% Collection &
Inverse
Foreclosure
Condemnation < 1% Property Damage 17%
Miscellaneous 5% < 1%
Construction
Collection & Property Damage
Other Civil Rights < 1%
Foreclosure 55% < 1%
Personal Injury 6% 4%
Land Use Declaratory Relief
Quiet Title 1% 7%
2%
Animal Related 1%
Appeals 6% Inverse Condemnation
Contracts 2% 1% Employment Eminent Domain
Bankruptcy 4% General 13%
Discrimination
P Z & B Related 1% 8% 9%
Palm Beach County, Florida
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