HomeMy WebLinkAboutARC LEGAL SERICES TRANSITION PLAN POLICY
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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
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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\~
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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? ~
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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.
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