Board of County Commissioners

Gadsden County, Florida

Legal Services Workshop Agenda

December 12, 2023

4:00 p.m.

 

Present:               Ronterious “Ron” Green, Chair, District 5

                                Alonzetta Simpkins, Vice Chair, District 2

                                Eric Hinson, Vice-Chair, District 1

                                Kimblin NeSmith, District 3

Brenda Holt, District 4

                                Edward J. Dixon, County Administrator

                                Clayton Knowles, County Attorney

                                Marcella Blocker, Deputy Clerk

                               

CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE

  Chair Green called meeting to order and asked Simpkins to give Invocation.  He then led in the Pledge of Allegiance.

 

CITIZENS REQUESTING TO BE HEARD (3-Minute Limit)

The Gadsden County Board of County Commissioners welcomes and encourages public participation at all meetings of the Board. Citizens are free to speak for up to three (3) minutes on non-agenda items. Public comments and participation are also encouraged for items on the agenda.  Additionally, if you are unable to attend a meeting in person, comments from the Public can also be submitted via email to CitizensToBeHeard@gadsdencountyfl.gov until noon on the date of the meeting. Comments submitted after the deadline, but prior to the meeting, will be added to the official record, but the County cannot guarantee that Commissioners and staff will have adequate time to review comments prior to the meeting.  Citizens are further encouraged to participate via Zoom using the credentials on the County’s website. The Board’s meetings are also broadcast live on the Board’s Facebook page.

 

  Green read aloud the above statement.

 

Dr. Tracey Stallworth

  Dr. Stallworth appeared before the Board.

 

  Hinson appeared at this time.

 

  Stallworth said at last meeting there was little discussion regarding legal services contract and asked process for.

 

Green advised it was   

 

 

 

 

GENERAL BUSINESS

 

1.

Discussion and direction regarding the Legal Services Contract

  Daniels gave an explanation of the above agenda item.

 

  Holt said she requested item to be workshopped.  Said amounts they are paying out they could do in-house and contract out on as needed basis.  She has spoken to Pittman regarding this.  When look at numbers, could have in-house or RFP.  She requested they put out RFP or RFQ, whichever applicable.

 

  Green said he had questions regarding overages as well regarding the hourly rate.  He said in looking at each year, they have exceeded budget each year.  Know have had lots of meetings and workshops and need to be mindful.

 

  Knowles addressed Holt’s point first.  He said there was some costs they needed to be aware of if they do in-house. He said to start with County Administrator’s salary, if they went that route, they would be paying at least that amount of money. He explained the different expenses that would need to be paid regarding subscriptions, research, insurance, etc.  He said for example Mr. Dixon’s health insurance is $1400/month.  He explained other items. He said Thornton Williams employed from 2006-2009 was billing $473,998 per year and adjusted for inflation it would be $2.1 million over 3 yrs. He then listed fees paid to other vendors. 

 

 Green interjected and asked they stay on-point and he understood where he was coming from but wanted to stay on task, give other commissioners a chance to speak.

 

  Knowles just wanted to state what was being paid to other professional services.

 

  NeSmith thanked Holt for providing information and thanked Knowles as well. Needed explanation on packet that Holt passed out.

 

  Holt explained packet she passed out. She said information she has was from 2020 to 2021.  She’s not trying to attack law firm, just felt better for Board to go out for bids and see what happens.  Reason voted for Dixon’s salary, if he leaves tomorrow, position would be at $140,000. All contracts have appointed they are put out for bid. She said need to look at contract and what they want in it.  Would like for it to be bid before March 1st.

 

  NeSmith thanked Chair and Board for having this workshop.  Reason in support of workshop was before could determine direction to go in, they need to know what they want from legal services. He felt they needed to first determine what they want.  He felt they County needed to have a presence of legal services.

 

  Knowles said at one time, he did that but when he would come, no-one would be there.  He said if there was a concern about costs, they County should be cognizant of that.  If goal is to save money, having warm body in house is not necessarily way to go.

 

  NeSmith said not even thinking about costs, he was thinking of availability.  Not sure what mixture should be and not sure if County should have in-house attorney, was simply looking at need. 

 

  Green said it’s not costs per se, but what they have budgeted and why they have gone over budget.  They may need to increase budget.

 

  Simpkins said was under impression, way started discussion was costs and budget and how have gone over budget last three years. She said she has only been sitting for 1 year and may be things she is not…  She said a lot of billing was unnecessary lawsuits that have cost a lot. Need end goal of what want to do and where want to go. She said they need to figure out direction they want to go and if contract can provide services.

 

  Daniels said couple of things wanted to point out-contract would be same if it was any other law firm. The Board needs to look at if 50 hours/ month was sufficient. She said any workshops and special meetings for all Boards require attorney’s attendance.

 

  Knowles said $175/hr has not gone up.  Chief engineer makes $215/hr. To attract or keep talent, hourly rate may need to be increased.

 

  Holt said until get other law firms’ opinions, will not know what may have. When looking at information, who does research. Maybe $175 not enough but won’t know until put it out. Still looking at March 1st deadline.  Need to advertise. Green, NeSmith and Simpkins has not had experience with other law firms. Needs to be on next agenda to look at what they want in contract.

 

  NeSmith said as was stated before, need to stay focused. Asked who drafted contract.  Knowles stated has been contract for last 10-15 years. NeSmith asked who keeps tally of hours.

 

  Knowles explained they have software they input hours into software, Finance on both sides verifies hours.

 

  Green said they did need to do due diligence to contract as a whole and can’t move forward until verify what they want. Obviously moving forward and having more activities.

 

  Green said all have echoed same thing.

 

  Hinson said something to think about, being here what COVID taught them, did not have to be here anymore. Was here for other attorneys and have pressing issues before them now. When this attorney came in, did not have knowledge of previous attorney on that matter.  Need to discuss elephant in room.  If County Administrator does not give Attorney documentation to review before meeting, can’t do job. When Holt made motion to put contract out for bid, he made second because gave enough time to review things. Now will take month and half to get things together. Got to do what right for citizens of the County. He was for putting attorney and Administrator contract for bid but Board shut down. If want to do right way, give time.  Put County Administrator and attorney out now.

 

  Green said will have attorney, not trying to get rid of him, just trying to do due diligence.

 

  Holt said 1) had deadline of when research is done; 2) when contract is done, usually in vendors best interest not county; 3) regarding Stevens School, federal lobbyist was one that straightened it out.  Those are things need to look at.

 

  Green said they need to have date to come back with research.

 

  Bishop Green said he stood up because he was freezing.  Part of his frustration as a citizen when attends meetings, sounds like they don’t know what they want to do and where want to go before holding meeting and holds things up. Biggest concern of service, whether attorney or administrator is service and quality. Fee per hour is probably low. Should have in contract for any personnel, criteria, standards, benchmarks expect. When comes down to legal matters, not looking for good guys, looking for knowledge. If going to consider upgrading contract and limiting to 50 hours week and then pay additional hourly fee if exceeds. Has heard everyone talk and have not given purpose and expectations of what want.

 

  Dr. Tracey Stallworth said listened to everything. As citizens, rebid gives best chance to get what need. Board members have to make hard decisions. As citizen, would like to see other options and would not know until have other options.

 

  Bonnie Frances appeared and said was recently retired and learning lot. When first started, was learning process and got confused when going back and forth. Have to be prepared and asked to make sure when come to meeting are prepared. Old saying is no friend in politics, only interest.

 

  Holt said will be coming for contracts. 

 

  NeSmith wanted to reiterate why need process.

 

  Green said have next regular meeting on 19th and hoping will have dates available to be able to dissect contract.

 

  Simpkins said wanted to be prepared for meeting and asked for future, if going to meet would like to have information and can’t talk to fellow board members outside of meeting.    

 

2.

Budget Overview Regarding Legal Services FY2020-2021, FY2022-2023

 

MOTION TO ADJOURN

  Adjourned 5:24 pm

 

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