SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT.
DISTRICT LEGAL SERVICES
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 duties.
C. To establish guidelines for .ontractua agre nts. for legal services.
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
1. General Counsel is responsible for overseeing District legal services as
required by the Board and Executive Director utilizing the full capabilities
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SOIHWEST FLORIDA WATER MANAGEMET DISTRICT .
SUBJ ECT: DATE:
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
6. The Executive Directo in consrutatin with General Cou1%sel, may request
specific legal expertise When Yrfor such service exceed the -e .
fenetns-onf 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
i 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. CONTRACT F IEGAL -trviE -
rER A co tract for legal services will be entered into between the Dis-
trict a.d a 1 w firm. The contract will provide for the Governing Board to
gnat a memberr of the law firm to act as General Counsel of the District,
b respond le for overall supervision of the District's full-time Legal
taO f, an/rovide the District with the broad range of legal knowledge
nec ssar to ccomplish the District's statutory responsibilities. Also, the
conr ac will provide for maximum utilization of the District's full-time
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""- BOARD POLICY
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ,
STATEMENT OF POLICY:
Lega staff. HoWever, in those cases where it is deemed appropriate by the
General Coun in consultation with the Executive Director, those legal
services which cannot be provided by the District's employees may be accom-
plished by en al Counsel utilizing other legal expertise as per the
B C NTRACT ROVISION The contract for legal services will be developed
/ cooperatively by the Executive Director and a law firm
designated y th Governing Board and will be subject to Board approval. The
erm of the ;tract will be for one year based on the District fiscal year
and will be s mitted for Governing Board consideration and approval prior
to the beginning of each fiscal year. The contract will be specific as to
services to/be provided, terms, conditions, work assignments, fees, attorneys
uthorized/to pro ide services, use of legal specialists from-other than the
stained faw firm, nd billing procedures.
C. & LE AL SERVI E AR S Various legal service areas in contractual categories
will be defined/determined by General Counsel and the
Exe tive Dir tor and will be incorporated into the monthly billing process
base upon va ous fees and allowable costs as defined in the contract refer-
enced in Ite above. These legal service areas will be reviewed by the
Board t te sam time the Board reviews the contract referenced in Item "B"
above i r to th beginning of each fiscal year.
/A LEGAL S ICEf FEES AND BILLINGS I4/J d
""- \ "J f r -
S1. lervic contracts wi8-ll provde- r payment on an hourly fee basis
S for services rendered5 .The hourly rates will include all administrative
.a nd ov er head ex p en se s, bu t 'w=no t av e 4, e r d iem and su b s ist en c e f or tra v e l peio
out-of-pocket expenses incurred in connection with District work,1
out-of-pocket expenses incurred onDistric' business are to be substantiated
b copies of recei&ted billsm".140-nA n+
win be allowed in accordance with Section 112.061, Florida Statutes. The
I District will supply a limited number of special billing telephone credit
cards for District business use plus airline and car rental cards to
Designated attorneys for travel on District business. 6L a4-L0,, '4/-c-
2. 'Billings -' Nwafyr charges for Legal Consultant services will be billed
under tt le ,al.service areas defined by the Executive Director and Gen-
~ ~eral Counsel., ., bv ,
Snprl r Cou2nsel ndl tho Eucu-utiv'c Di-,- m..t include specific identifi-
.cation of the services provided, the hours worked, and the name of the
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SUBJ ECT: DATE:
DISTRICT LEGAL SERVICES NO.:
STATEMENT OF POLICY: ^
rcp-n .'.attor. y. .The details of billings must allow the allocation
of charges to specific work and funds in order to be eligible for payment.
""-"The ictL ru1 -tie spenL t.... coretin-
S.no se: The monthly billings submitted 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
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