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HomeMy WebLinkAboutARC LEGAL SERICES TRANSITION PLAN POLICY ? " AUGUSTA-RICHMOND COUNTY LEGAL SERVICES TRANSITION PLAN TO: The Honorable David S. Copenhaver, Mayor The Honorable Mayor Pro Tern, Betty Beard The Honorable J.R. Hatney, Commissioner District 9 The Honorable Don Grant~am, Commissioner District 10 Mr. Fred L. Russell, City' Administrator February 5, 2008 / FROM: DATE: DUTIES OF THE GENERAL COUNSEL AND LAW DEPARTMENT / Upon its adoption by the Commission, the General Counsel and the Law Department shall have immediate responsibility for the duties discussed in this plan. The duties of the General Counsel and Law Department are as follows: The General Counselor a Law Department Attorney shall attend all meetings of the Commission and Committees of Augusta-Richmond County, Georgia. Mr. Todd Boudreaux of Shephard, Plunkett, Hamilton and Boudreaux, LLP ("Shephard Plunkett") may sit as co-counsel or counsel of the Augusta-Richmond County Commission, if so directed by the General Counsel. The General Counsel and the Law Department will accept service of a lawsuit on behalf of the Mayor, members of the Augusta-Richmond County Commission and the City Administrator. It will also accept notice of civil lawsuits on behalf of Augusta-Richmond County, Georgia and negotiate settlements through its Risk Management Department The General Counsel and Law Department will provide to the Mayor, Members of the Commission, City Administrator and/or upon request of any Board, Authority, or Office as designated in the Charter of Augusta-Richmond County, a written legal opinion on the administration of the local government or the duties of any department. It will also prepare upon request deeds, leases, contracts and other legal documents required by the Augusta-Richmond County Commission. The General Counsel and the Law Department will handle Open Records and Open Meeting Act questions presented to the Mayor, members of the Augusta-Richmond County Commission and the City Administrator. They will also prepare Ordinances and Resolutions on behalf of the Mayor, members of the Augusta-Richmond County Commission and the City \ O~ Administrator. The General Counsel will approve agenda requests as to form and le~ty. t\~ f' ?~ -' .. The General Counsel and the Law Department will provide daily advice and counsel to the Mayor, Commission, City Administrator and Department Heads of Augusta-Richmond County, Georgia. The General Counsel and the Law Department will provide legal support to the Disadvantaged Business and Equal Employment Opportunity Offices and to the Augusta- Richmond County Government in Personnel Board Hearings and other disciplinary actions. It will assist the Procurement Department in contract compliance and bid protest issues and also provide New Commissioner Training (Regarding the functions of Augusta-Richmond County, its commissioners, and the liabilities and immunities of individual commissioners). The General Counsel and the Law Department will provide for the prosecution of Ordinance Violations and other duties in keeping. with federal, state and local law. The General Counsel and the Law Department will also provide legal services to Authorities, Boards and Offices operating under the auspices of Augusta-Richmond County, Georgia and to constitutional officers upon their request. OUTSIDE COUNSEL In order to assure the orderly operation of Augusta-Richmond County, Georgia legal work will be referred as needed to Shephard Plunkett based on their municipal experience and experience in working with Augusta-Richmond County. Shephard Plunkett will be retained perform this work for a period of one (1) year to end on December 31, 2008. Upon the approval of the Commission, all legal services provided by partners of Shepherd, Plunkett shall be at the rate of $/)): /. .00 per hour. Additionally, licensed paralegals and law clerk interns shall provide services at a rate of $ ~ .00 per hour. The General Counsel will monitor legal services provided by Shepherd Plunkett and other Outside Counsel. The General Counsel will notify the Commission in a monthly written report of the status of legal work performed by all Outside Counsel. The General Counsel will maintain copies of all active litigation files being performed by all Outside Counsel in the Law Department. On February 29 2008, all firms providing legal support to Augusta-Richmond County shall provide within 10 days, a list of all ongoing litigation to the General Counsel. The \ t> '6 status of the list should be updated every 90 days. Until further notice, legal work performed by ~ ~ Outside Counsel, including the Shepard Plunkett firm shall remain with outsider? ~ ~ the transition period and shall be subject to the reporting requirements discussed above. At the end of the year, the General Counsel may make a recommendation on continuing the Shepherd Plunkett retainer as needed based on the quality, consistency and cost-effectiveness of the legal work they provide. High-volume legal work or legal work that is of a type not performed by the Law Department and that cannot be performed by Shepherd Plunkett shall be recommended for referral to Outside Counsel by the General Counsel, based upon the needs of the consolidated government or the Law Department, after recommendation to and the approval of the Commission. The General Counsel will negotiate the fees for performance of legal work with Outside Counsel and present this information to the Commission for its approval. The General Counsel will receive the litigation bills submitted by Shepherd Plunkett and Outside Counsel to check for reasonableness of charges and services and submit the bills to the Commission for payment. - 3 -