Collier County |
Code of Ordinances |
Chapter 2. ADMINISTRATION |
Article III. OFFICERS AND EMPLOYEES |
Division 4. COUNTY ATTORNEY |
§ 2-95. Duties of the County Attorney.
(a)
The County Attorney shall exclusively represent the County in all legal matters, and as set forth below, with Board direction shall retain outside counsel to assist in such representation. The duties, responsibilities and authority of the County Attorney shall include, without limitation:
(1)
Employing and managing all personnel of the County Attorney's Office, establishing the organizational framework of the Office, and supervising the conduct of all employees of the Office of the County Attorney.
(2)
Providing legal advice and counsel to, and legal representation of the Board and all County departments, agencies, advisory boards, officers and employees on matters pertaining to the business of the County or in connection with the duties of the Board, department, agency, officer or employee.
(3)
Representing the County in all litigation, administrative hearings, mediation, appeals and judicial proceedings in which the County, the Board, or a County department or agency under the jurisdiction of the Board is a party. With the approval of the Board, the County Attorney may employ outside counsel for such proceeding, on such terms and conditions as the Board finds appropriate and consistent with the County's purchasing policies.
(4)
Advising and providing recommendations to the Board regarding the need for the selection of any special counsel to be retained by the County and its agencies to provide legal representation in specified matters not related to litigation, and thereafter supervising, monitoring and coordinating, as appropriate, the representation, services and work of any special counsel so employed.
(5)
The County Attorney shall be the registered agent of the County and its agencies, including but not limited to the Collier County Community Redevelopment Agency; the Collier County Airport Authority; and the Collier County Water-Sewer District, and shall be the sole authorized agent for acceptance of service of process on behalf of Collier County and all of its agencies.
(6)
The County Attorney shall review and approve all draft ordinances, resolutions, contracts and other legal documents (such as grant awards) prior to their being presented to the Board, shall attest that each such document has been approved as to form and legality, and shall cite with specificity any ordinance, statute, constitutional or other provision on which the proposed action is based.
(7)
With the assistance of the County Manager, the County Attorney shall be responsible for ensuring the proper execution of all Board approved contracts, resolutions and ordinances, and shall ensure the preservation of the chain of custody of such documents from Board approval, to execution through recording in the Official Records of the Clerk of Courts.
(8)
All legal information relating to the County shall be immediately forwarded to the County Attorney upon receipt of such information by any member of the Board and/or County Staff, including but not limited to matters relating to threatened, pending or actual litigation, whether criminal, civil or administrative in nature.
(9)
The County Attorney shall be the Chief Ethics Officer for the County and its agencies.
(b)
The Office of the County Attorney shall provide legal advice and counsel to and representation of any other State or local governmental office, unit, or entity as may be required by law or interlocal agreement entered into by the Board.
(c)
To implement the duties set forth above, the County Attorney shall develop administrative practices and procedures to be approved by the Board for inclusion into the Collier County Administrative Code, which practices and procedures shall thereafter be respected by the Board and County staff.
(Ord. No. 2013-34, § 4)