Title: SWFWMD Board Policy. To establish guidelines for providing legal services to the District Governing Board and staff.Revised. Jan. 12, 1983. 3p.
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 Material Information
Title: SWFWMD Board Policy. To establish guidelines for providing legal services to the District Governing Board and staff.Revised. Jan. 12, 1983. 3p.
Physical Description: Book
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052519
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

BOARD POLICY -
SOt dWT tOIIIDA WATER MANAGa E DIST.M

SUBJ ECT: DATE: 1/12/83
DISTRICT LEGAL SERVICES NO.:


STATEMENT OF POLICY:

PURPOSE: A. To establish guidelines for providing legal services to the District
Governing Board and staff as authorized by Chapter 373.079(5), Florida
Statutes, and required in the accomplishment of District responsibilities under
Chapter 373, Florida Statutes.

B. To establish guidelines for management of legal services and for
assignment of responsibilities and-ties.

C. To establish guidelines for fee arrangements for legal services.

IMPLEMENTATION:

INTRODUCTION: Section 373.079(5), F.S. states: "The governing board may employ
a legal staff for the purposes of: a) Providing legal counsel on
matters relating to the exercise of its powers and duties; b) Representing it in
all proceedings of an administrative or judicial nature; and c) Otherwise assist-
ing in the administration of the provisions of this chapter."

In accomplishing the functions assigned the District, services of both retained
Counsel and Staff Counsel, functioning as the Legal Department, are required in
order to provide comprehensive and responsive legal services on a timely basis.
Contractual arrangements, delineation of the legal services required and author-
ized, and the management structure within which legal services are to be provided
must be defined so as to provide essential services efficiently and at least cost.

I. ORGANIZATION AND DUTIES

A. MANAGEMENT

1. Legal services will be provided by a consultant law firm retained as
General Counsel by the District and by staff attorneys and legal
secretarial support employed by the District. A member of the law firm,
as determined by the Governing Board, will be designated as District Gen-
eral Counsel who will supervise the legal functions of the District Legal
Department. The organizational structure and procedures will provide for
administrative support of the Legal Department by the District and for
direct communication and consultation between the Executive Director and
the Legal Department on legal issues and administrative support of the
Legal Department.

B. B. DUTIES

1. General Counsel is responsible for overseeing District legal services as
required by the Board and Executive Director utilizing the full capabilities

PRIMARY OFFICE:
SUPERSEDES:
AUTHORITY:
REFERENCES:






BOARD POLICY -
SOMAuWl T FLORIDA WATER MANAGrEN DE f ,.

SUBJECT: DATE:
DISTRICT LEGAL SERVICES NO.:

STATEMENT OF POLICY:

of the District full time Legal staff to insure that the maximum possible
amount of District legal work is accomplished by the District Legal staff.

2. The Executive Director and General Counsel shall establish procedures
for delegation and consultation between General Counsel and the District.

3. The .duties and responsibilities of the Legal Department will be limited
to the legal aspects of District functions, with technical and administrative
decisions and recommendations being the responsibility of the Executive
Director and staff.

4. Written procedures will be developed by General Counsel implementing
arrangements for administration and management of the District Legal Depart-
ment, assigning specific legal duties to members of the Legal Department
and establishing coordination and communications. These procedures will be
reviewed and communicated with the Executive Director annually.

V 5. Fee arrangements for legal services to be rendered by the law firm
retained as General Counsel shall be set forth in writing and affirmed
by the Governing Board.

6. The Executive Director, in consultation with General Counsel, may'
request specific legal expertise to be obtained from other law firms.
When fee arrangements for such services will exceed the Executive.
Director's purchasing authority, they must be approved by the Governing
Board.

7. Prior to law suits being filed on behalf of Southwest Florida Water
Management District the Governing Board shall be fully advised. If the
Executive Director with the concurrence of General Counsel finds it neces-
sary and in the best interest of the District, in advance of Governing Board
approval, to file a law suit, take an appeal or initiate enforcement action,
the Board shall be notified promptly.

II. LEGAL FEES AND BILLINGS

A. Hourly Basis Payment for legal services will be on an hourly fee basis
for services rendered. The honoeiy rates will include all administrative
and overhead expenses. Travel co ts per diem and subsistence for travel and
out-of-pocket expenses incurred i&n flection with District work will be
allowed in accordance with Section 112.061, Florida Statutes. All out-of-
pocket expenses incurred on District business are to be substantiated by
copies of receipted bills. The District will supply a limited number of
special billing telephone credit cards for District business use plus

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BOARD POLICY
80 "AWEIr FLtORDA WAR MANAGEMEMr" ID ._T .

SUBJECT: DATE;

DISTRICT LEGAL SERVICES NO.:

STATEMENT OF POLICY:

airline and car rental cards to designated attorneys for travel on District
business. A schedule of hourly fees will be reviewed annually.

B. Billings Charges for Legal Consultant services will be billed under
the legal service areas defined by the Executive Director and General
Counsel and shall include specific identification of the services provided,
the hours worked, and the name of the persons performing the services. The
details of billings must allow the allocation of charges to specific work
and funds in order to be eligible for payment. The monthly billings sub-
mitted by the law firm must be reviewed and approved for payment by the
Chairman, or in his absence, the Vice Chairman of the Board, and by the
Executive Director.

































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