§ 2-179. Duties of the county attorney.

(a)

The county attorney shall represent the board as the board's county attorney, and either personally or through one or more assistant county attorneys or selected outside counsel:

(1)

Provide legal advice concerning county business to the board when the board is in public session and to individual commissioners upon request or when the county attorney deems it advisable to do so;

(2)

Provide legal advice concerning county business to the county administrator, any assistant county administrator, and department heads when requested or when the county attorney deems it advisable to do so, provided legal advice shall be furnished according to such procedures the county attorney may deem necessary to ensure the consistency and quality of advice provided;

(3)

Provide legal advice, when legally and ethically permitted, to the administrative and advisory commissions and committees established by the board concerning the official duties and responsibilities of those commissions and committees;

(4)

Cause to be prosecuted and defended all causes of actions on behalf of the board and county regardless of whether such action is legal, equitable or administrative in nature; or whether civil, criminal, or a violation of ordinance, to include litigation at both the trial and appellate levels, administrative hearings and appeals, mediation, and labor arbitration appeals in which the county, the board, or a county department or agency under the jurisdiction of the board is party; and including prosecution of code enforcement cases before the code enforcement board, a code enforcement special magistrate, or in county court;

(5)

Provide for the defense of all current and former county officers and employees in their personal and official capacities, against any noncriminal action, regardless of whether the action is legal, equitable or administrative in nature, arising out of an act, or omission, undertaken or omitted in the course of the officer's or employee's county duties or employment, when authorized to do so by the board;

(6)

Review and, if authorized by law, object to payments to conflict counsel and expert witnesses in criminal cases, and the release of sureties from the obligations of bail bonds, to the extent that such review is the responsibility of the county by state general or special law;

(7)

Provide a report at each regular board meeting listing ongoing litigation and the nature thereof, together with other legal matters that the county attorney deems advisable to bring to the attention of the board;

(8)

Enter into agreements with the state attorney and public defender relating to the prosecution and defense of county ordinance violations, and enter into agreements with municipalities relating to the prosecution of city ordinance violations;

(9)

Coordinate the preparation and codification of county ordinances and establish procedures, formats, and processes for initiating, revising, and finalizing proposed ordinances to be submitted to the board of county commissioners for adoption;

(10)

Attend all meetings of the board of county commissioners; and

(11)

Perform such other lawful duties as the board may direct or as may be provided for elsewhere in this Code.

(b)

The office of the county attorney may provide legal advice to other county constitutional officers but only to the extent that no conflict or potential conflict exists between the other constitutional officer and the board with respect to the subject upon which the other constitutional officer seeks advice.

(c)

The county attorney and assistant county attorneys may not undertake the legal representation of private clients or provide legal advice to private clients, without regard to whether such representation or advice is provided in exchange for a fee or is provided on a pro bono basis, unless the board of county commissioners grants an exception specific to the attorney on a case-by-case basis for the purpose of allowing the attorney to handle legal matters for family members, and only if the matter would not create a conflict of interest. If a particular matter requires attention prior to the next county commission meeting, the attorney may provide legal services to a family member only on matters that the county attorney deems not to be a conflict of interest with the legal interests of the county after receiving temporary approval of the request from the county mayor. The county attorney's office shall place an item on the agenda for the next commission meeting, regardless of whether the agenda deadline has passed, for consideration of the request by the board.

(d)

During the term of employment, the annual costs and fees assessed by the Florida Bar to maintain membership in good standing in the Florida Bar and the local government section of the Florida Bar shall be paid by the county on behalf of the county attorney and each assistant county attorney.

(Code 1979, § 2-358; Ord. No. 039-2004, § 1; Ord. No. 009-2009, § 1 ; Ord. No. 025-2015 , § 2)