BLAIN & CONE, P. A.
L. M. BLAIN 202 MADISON STREET
THOMAS E. CONE, JR. March 11 1980 P. BOX 399
RUSSELL M. BLAIN Mar 1 0 TAMPA, FLORIDA 33601
GARY A. GIBBONS (813) 223-3888
FRED A. McCORMACK
222 SOUTH MONROE STREET
P. O. BOX 10449
TALLAHASSEE, FLORIDA 32301
Jay T. Ahern, Esq. YTO:
J. Edward Curren, Esq.
Thomas E. Cone, Jr., Esq.
Russell M. Blain, Esq.
Gary A. Gibbons, Esq.
Fred A. McCormack, Esq.
Myron G. Gibbons, Esq.
Armin H. Smith, Esq.
Kirk M. Gibbons, Esq.
A. Fletcher Dyches, Esq.
John E. Alley, Esq.
The legal division of SWFWMD is being reorganized consistent
with the attached Administrative Directive in an effort to
provide better coordination and delivery of legal services.
Please read and keep the attached material. If you have any
questions please contact me.
Si c ely,
M. Bla n
End: Board Policy 211-006
Administrative Directive 80-51
Legal Department Procedural Memo #1
Legal Department Procedural Memo #2
Legal Department Procedural Memo #3
S Southwest Florida Water Management District PO
SUBJECT: Effective: 09/05/79 No. 211-006
DISTRICT LEGAL SERVICES Page 1 of 4 Distribution: See
U Page 4
Approved:-,.- .r P
S 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
p 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 contractual agreements with a
General Counsel for legal services.
I INTRODUCTION: Under provisions of 373.079(5), F.S., "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 assisting
in the administration of the provisions of this chapter."
In accomplishing the functions assigned the District, services of both retained
m 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 authorized,
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
1. Legal services in support of the duties and responsibilities of
the Governing Board and District staff will be provided by a
p consultant law firm retained as General Counsel by the District and by
staff attorneys and legal secretarial support employed by the District
Son a full time basis. A member of the law firm, as determined by the
Governing Board, will be designated as District General 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.
1. General Counsel is responsible for overseeing District legal
m services as required by the Board and staff utilizing the full
capabilities of the District full time Legal staff to insure that the
maximum possible amount of District legal work is accomplished by them.
Southwest Florida Water Management District POLICY
DISTRICT LEGAL SERVICES Page 2 No. 211-006
2. Procedures will be established 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
decisions and recommendations being the responsibility of the Executive
Director and staff.
4. Written procedures will be developed jointly by the Executive
Director and General Counsel implementing arrangements for
administration and management of the District Legal Department,
assigning specific legal duties to members of the Legal Department,
and establishing coordination.
5. The assignment of legal work to be accomplished by General Counsel,
his firm or other law firms will be by contractual agreements for
legal services and, as necessary, by formal Board action.
II. CONTRACT FOR LEGAL SERVICES
A. GENERAL A contract for legal services will be entered into between
the District and a law firm. The contract will provide for the
law firm to designate a member to act as General Counsel of the District, be
responsible for overall supervision of the District's full time Legal staff,
and provide the District with the broad range of legal knowledge necessary to
accomplish the District's statutory responsibilities. Also, the contract
will provide for maximum utilization of the full time Legal staff but
authorize General Counsel to provide those legal services which cannot be
provided by the District's employees.
B. CONTRACT PROVISIONS The contract for legal services will be developed
cooperatively by the District staff and a law firm
designated by the Governing Board and will be subject to Board approval. The
term of the contract will be for one year based on the District fiscal year
and will be submitted for Board consideration and approval. The contract will
be specific as to services to be provided, terms, conditions, work assignments,
fees, attorneys authorized to provide services, use of legal specialists
from other than the retained law firm, and billing procedures.
C. LEGAL SERVICE AREAS The following legal service areas and contractual
categories are specified:
1. Administrative Services -- applies to supervision of the District
Legal Department; review of the routine
legal work accomplished; and providing general legal counsel to the
Governing and Basin Boards, Board Members and the Executive Director and
staff on District matters not directly related to any other legal service
S Southwest Florida Water Management District POLICY
DISTRICT LEGAL SERVICES Page 3 No.211-006
S2. Litigation and Appellate Services -- applies to any litigation
or appellate services not
directly related to any other legal service responsibility as auth-
I orized by the Governing Board, Chairman of the Governing Board, or
S3. Land Services -- applies to the legal work associated with District
land acquisition and disposal, right-of-way, ease-
ments, mineral rights and related activities as authorized by the
Governing Board, Chairman of the Governing Board or Executive Director.
4. Regulatory Services -- applies to the legal work of permitting and
rule development as assigned by the Governing
I Board, Chairman of the Governing Board, or the Executive Director. In-
cludes legal and procedural guidance regarding drafting, presentation for
adoption, implementation and enforcement of rules and orders; legal
I procedural presentation of permit applications by the staff; attendance
at regulatory meetings and hearings; and legal assistance to the Governing
Board in connection with regulatory matters.
5. Governmental Services -- applies to legislative liaison functions and
the work of developing, reviewing, coordin-
ating and processing legal matters applicable to accomplishment of District
Responsibilities and duties in connection with other governmental entities.
These services will consist of those activities authorized by the Governing
Board, Chairman of the Governing Board, or the Executive Director.
6. Board Meeting Services -- applies to attendance at board meetings
and work shops when such attendance is
for general legal advice and not directly related to any other legal
I service responsibility.
7. Labor Relations Services -- applies to the requirement for expert and
specialized legal assistance in the field
of labor law, fair labor standards, affirmative action programs and
employee relations. Legal assistance in this field will be by contractual
arrangement between the District and a firm specializing in labor and
Employee relations law. These services will consist of those activities
authorized by the Governing Board, Chairman of the Governing Board, or
the Executive Director and the firm to be utilized will be determined by
F the Governing Board.
8. Contractual Services -- applies to work accomplished in administering
contractual arrangements with other law
I firms and for specialized legal services.
Southwest Florida Water Management District POLICY
DISTRICT LEGAL SERVICES Pge 4 No. 211-006
D. LEGAL SERVICES FEES AND BILLINGS
1. Legal service contracts will provide for payment on an hourly
fee basis for services rendered. The hourly rates will include
all administrative and overhead expenses but not travel, per diem and
subsistence for travel or out-of-pocket expenses incurred in connection
with District work. When appropriate, complimentary transportation may
be provided by the District. All out-of-pocket expenses incurred on
District business are to be substantiated by copies of receipted bills.
Expenses for travel, subsistence and per diem will be allowed in
accordance with Section 112.061, Florida Statutes. The 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.
2. Billings Normally, charges for Legal Consultant services will
be billed under the legal service titles listed in "C"
above. However, if special legal assignments are made outside of
assigned service titles, the title of the assignment will serve as the
billing title. Billings submitted for payment must include specific
identification of the services provided, the hours worked, and the
name of the responsible attorney. The details of billings must allow
the allocation of charges to specific work and funds in order to be
eligible for payment. In instances requiring resolution or correction
of billings, billing for additional fees or expenses for resolution
purposes is not authorized.
Assistant Executive Director
Gibbons' Law Firm
Blain's Law Firm
S, ADMIT TRATIV RECEIVED
Southwest Florida Water Management District DIR ECTI
SUBJECT: Efftcdw,: 02/20/80 No. 80-51
DISTRICT LEGAL SERVICES P- 1 Of 5 oib,
PURPOSE: To establish specific administrative and coordination procedures and
assign legal duties applicable to providing Legal Services for the
District Boards and staff under the provisions of Governing Board Policy
211-006, District Legal Services, dated September 5, 1979.
SUPERSEDES: Administrative Directive #76-19, dated 04-21-76.
INTRODUCTION: Board Policy 211-006 establishes guidelines for providing legal
services to the District Boards and staff; for management of
legal services and assignment of responsibilities and duties; and for
contractual agreements for legal services. In addition, the Policy states:
"Written procedures will be developed jointly by the Executive Director and
General Counsel implementing arrangements for administration and management
of the District Legal Department, assigning specific legal duties to members
of the Legal Department, and establishing coordination."
A. Organization and Supervision
1. Legal Department Structure and Management- See Board Policy 211-006,
Sections I, A and B.
2. Administration Legal Department administrative support, processing
of legal billings, verification and audit of legal
billings, personnel and salary administration, facility and equipment
support, and similar functions are the responsibility of the Executive
Director. An annual Legal Department budget will be developed in
coordination with General Counsel and periodic reports of funding
status will be provided so as to provide for management of Legal
Department functions within budgeted funds.
B. Assignment of Legal Duties
1. General With the exception of labor relations services,
those legal services whi'h cannot be provided by
full-time District Staff will be provided by General Counsel,
personally, or through utilization of members of the consultant
law firm, or by contractual arrangements with other law firms.
The need to utilize other law firms will be determined by
General Counsel, in consultation with the Executive Director,
and processing for utilization will be as follows:
Southwest Florida Water Management District DIIREC1II VL
DISTRICT LEGAL SERVICES PMs 2 No. 80-51
(a) Short notice and emergency use requires prior approval in accord
with Board Policy 221-002, Purchasing. Appropriate contractual
arrangements will establish terms, conditions, assignment, fees,
and compensation and will be a contract between the District and
the provider of the services.
(b) Routine and continuing use requires a contract with the District
approved in advance by the Governing Board.
(c) Arrangements for legal services applicable to labor relations
matters will be in accord with Paragraph II, c, 7. Board Policy
Cd) Conditions and procedures for the use of property appraisers
and expert witnesses are established by Board Policy 601-002,
dated June 2, 1976.
2. Assignment of Duties Overall supervision of accomplishment
of District legal work rests with
General Counsel; however, the following outlines areas wherein
most work should be done by full-time District staff under
General Counsel supervision:
Ca) Contracts and agreements with consultants, contractors, vendors,
and governmental agencies, and similar documents.
(b) Resolutions for WRDA funds, setting the tax levy, adopting the
budgets, and expressing the Board's position.
Cc) Resolutions, agreements and permits for participation in projects
with other agencies.
Cd) Legal review of Governing Board Policies and staff Administrative
Ce) Legal advice and interpretations applicable to day-to-day
administration such as review of financial, routine employee
relations, insurance, worker's compensation, accidents and
property disposal matters.
(f) Routine legal support to Basin Boards including attendance at
meetings if necessary.
(g) Real estate as pertains to rights of entry, easements and
acquisition for monitor wells, property leases and similar work.
Southwest Florida Water Management District DIRECTI VE
DISTRICT LEGAL SERVICES Po 3 No. 80-51
(h) Regulatory and full-time legal staff will assist General Counsel
in the legal areas of permitting, rule making, and enforcement
and all related regulatory matters wherein staff performs so as
to accomplish all possible preparatory legal work subject to
General Counsel review and approval.
(i) Litigation and appellant matters to assist General Counsel and
other retained attorneys in preparatory activities and, whenever
appropriate, participation in litigation and appellate matters.
1. General The District Staff and General Counsel shall jointly
be responsbile for keeping each other informed and
accomplishing advance coordination in all legal service areas and
in matters of assistance in work accomplishment. This cooperation and
coordination extends to all legal, technical, and administrative
matters that impact directly or indirectly upon the accomplishment
of legal responsibilities assigned General Counsel under the
contractual agreement with the District.
2. Coordination Procedures In order to provide the coordination
and information exchange appropriate
for expeditious and least cost accomplishment of legal services, the
following procedures are implemented:
Ca) General Counsel will be provided suitable office space
and facilities on a full time basis in the Executive area,
District Headquarters, plus administrative support while actually
performing work at the District.
(b) The responsibility for keeping the Executive Director and
General Counsel informed on a day-to-day basis on
legal and related matters rests with Division Directors
and attorneys while responsibility for determination of legal
work to be done is governed by the District contract for
consultant legal services as coordinated between the Executive
4 Director and General Counsel.
(c) In order to provide for a daily exchange of information,
a regulatory letter pack consisting of all memos and letters
originating from the Regulatory Division concerning regulatory
activities of the District and a Legal Department Letter Pack
consisting of copies of all memos and letters originating from
the Legal Department will be sent to General Counsel on a daily
basis. This will be accomplished by preparing blue and yellow
copies when originating correspondence and daily forwarding of
the "blues" to General Counsel via the courier and "yellows" to
Southwest Florida Water Management District DIRECTIVE
DISTRICT LEGAL SERVICES Pam 4 No. 80-51
the Executive Director's Secretary. The packets may also consist
of reproduced correspondence originated by others, as appropriate.
In turn, General Counsel will forward to the Executive Director a
daily letter pack, via courier, of legal and related correspondence
applicable to District business received or originated by the
consultant legal firm and any legal firms performing District work
under the supervision of General Counsel.
Cd) Incoming District correspondence associated with the work and
assignments of General Counsel will be identified and copies
will be made and forwarded to General Counsel. However, to
avoid problems of excessive copying and associated unjustified
costs and work load, it is the direct responsibility of
Division Directors and attorneys to identify incoming corres-
pondence within their areas of responsibility that should be
copied and sent to General Counsel. The objective is to provide
General Counsel everything necessary to perform assigned functions
while, at the same time, avoiding unnecessary expenditures of time
and funds for copying and handling. Incoming correspondence,
handled by the Executive Director's Secretary, will always
carry the standard routing slip, which includes identification
of the copies made and for whom. The General Counsel column is
to be checked when a copy has been sent to avoid double copying
and mailing by others.
Cel When sending copies of incoming correspondence to General Counsel,
route direct to the courier pickup point. The same applies
to special requests for information received from General Counsel,
and copies of both will be routed directly to the Executive
Director's Secretary at the same time. However, avoid excessive
copying. For example, in some correspondence, copying and
forwarding of the cover letter, and not attachments, will provide
the essential data or, if a special request is made by Counsel
for an entire file, don't double copy the file for the Executive
Director. Send a note to advise the Executive Director's secretary.
Cf) Technical information, such as U.S.G.S. reports and consultant
and staff studies and reports associated with legal work
assignments, plus those which may provide background information
or general knowledge of value, will be sent to General Counsel.
It is the direct responsibility of the Division Directors and
Attorneys to identify and provide for forwarding these technical
information studies and reports. Normally, forwarding will be
accomplished by direct distribution to the courier pickup point.
Southwest Florida Water Management District DIRECT IVE
DISTRICT LEGAL SERVICES' _P 5 No 80-51
3. Staff Coordination Responsibility Responsibility for coordination
of day-to-day work and legal
support requirements with the Legal Department is as follows:
1. Real Estate matters Chief, of Real Estate Section
2. Financial matters Director of Finance
3. Legislative matters Program Coordinator
4. Purchasing/Insurance matters Director of General Services
5. Regulatory matters Director of Regulatory
6. Labor matters Director of Employee Relations
7. Contracts, litigation, etc. Directors as appropriate.
D. Financial Limitations & Reports
1. Funds budgeted each fiscal year for consultant legal services
establish the limits of expenditures authorized and the budgeted amount
cannot be exceeded without prior Governing Board approval. At least
each fiscal quarter the staff will report to the Governing Board on
the status and trend of expenditures for consultant legal services.
2. Billings received from consultant legal firms for payment will be
audited by Finance and Accounting for accuracy, format submission as pertains
to authorized legal services billing areas, adherence to the fee schedule
established by the Governing Board and identification of unusual charges
or work items. Any unusual matters will be brought to the attention of
the Executive Director and the appropriate individual listed below.
Payment approval authority for legal billings is as follows:
a. General Counsel Billings Director of Finance
b. Labor Relations Billings Director-Employee Relations
c. Other Legal Billings General Counsel