§ 2-2-32. Duties.

(a)

The county attorney shall be responsible for representing, and is hereby authorized to represent the board as its county attorney. The county attorney shall provide or oversee all legal services required to protect the interests of the county, including management and participation in all litigation in which the county is a party or in which the county's interests are, or may be, affected. Additionally, the county attorney shall render legal advice to the board, the county administrator, and to departments and agencies under the jurisdiction of the board, and perform other legal services and administrative responsibilities as described elsewhere herein. The duties, responsibilities, and authority of the county attorney shall include, without limitation:

(1)

Employing, managing, and supervising the conduct of all employees of the county attorney's office, including the risk management division thereof.

(2)

Coordinating with the county administrator and various departments and offices under his or her jurisdiction, regarding all matters affecting and implicating overall county administration, including, without limitation, budgetary, personnel, and procurement matters.

(3)

Providing legal advice and counsel to, and legal representation of, the board, other subordinate boards or commissions, and the departments, agencies, personnel, and officers serving under the board on matters pertaining to the business of the county or in connection with the duties of the department, agency, personnel, or office.

(4)

Representing the county and its interests or supervising the representation of the county and its interests in all litigation, administrative proceedings, mediations, arbitrations, appeals, alternative dispute resolution proceedings, judicial proceedings and related negotiations in which the county, the board, subordinate boards or commissions, or any officer or employee under the board of county commissioners acting in the course and scope of his or her office or employment, is a party and any other adversarial proceedings affecting the interest of the county.

(5)

Advising and providing recommendations to the board regarding the need for the selection of any special or conflict counsel to be retained to provide legal representation in specified matters.

(6)

Supervising, monitoring, reviewing, approving, and coordinating, as appropriate, the representation, services, compensation, expenses, and work of outside attorneys employed pursuant to subsection (5) above.

(7)

Providing supervision, monitoring, and coordination of the risk management division and the operation of risk management and claims administration, including workers' compensation, general and property liability and safety, and related issues assigned by the county attorney, together with administration of the self-insurance ordinance and any amendments thereof.

(8)

Such other duties as may be prescribed from time to time by the board of county commissioners with the consent of the county attorney.

(b)

At the direction of the board of county commissioners, the county attorney is hereby authorized to represent any other separate agency, legal entity, or governing body comprised of the county commissioners. The responsibility and authority of the county attorney and the services provided by him or her when serving as attorney for such separate agency, legal entity, or governing body shall be consistent with the terms of this article.

(c)

Upon direction of the board and with the consent of the county attorney, the county attorney may provide legal advice and counsel to and representation of one or more of the constitutional officers of Manatee County or other state or local governmental office, unit, or entity where necessary and appropriate to protect the county's interest and welfare and as may be authorized by law or interlocal agreement.

(d)

Nothing herein contained shall be construed as requiring the county attorney or any attorney in his or her employ to render legal services in any particular circumstance where, in the professional discretion and judgment of the attorney, the rendering of such legal services would violate the provisions of the rules regulating the Florida Bar or create a direct conflict of interest between the board or the county and the attorney.

(Ord. No. 02-63, § 3, 12-3-02)