VI (H) Appointments to Boards •,
AGENDA 8-15-95
Item VI H
FOLEY & LARDNER
III NORTH ORANGE AVENUE. SUITE 1800
ORLANDO, FLORIDA 32801
TELEPHONE 14071 423-7656
FACSIMILE 14071 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE. WISCONSIN
JACKSONVILLE. FLORIDA MADISON. WISCONSIN
POST OFFICE BOX 2193
TALLAHASSEE, FLORIDA WASHINGTON. D.C.
WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS, MARYLAND
CHICAGO, ILLINOIS
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney f /Q
DATE: July 28 , 1995
RE: Appointment of Interim Board Attorney for Code
Enforcement Board
Please be advised that there is currently a vacancy in
the position of Board Attorney to the Code Enforcement Board (the
"Board") . The provisions of Section 7-5 (A) of the City Code
provides that the Board Attorney is appointed by the City
•
Commission. Section 162 . 05 (5) , Florida Statutes, provides that the
City Attorney shall either represent the Board or the City by
presenting cases before the Board, but cannot serve in both
capacities. In the past, we have not been involved in the
presentation of cases before the Board, but have from time-to-time
advised staff regarding matters to be presented to the Board.
Additionally, the provisions of Section 7-5 (G) of the City Code
prohibits the City Attorney from acting as the Board Attorney.
In order to assure continued legal representation of the
Code Enforcement Board it is recommended that an Interim Board
Attorney be appointed. After consultation with Mr. Shapiro, it is
my recommendation that the City Commission appoint the law firm of
Fowler, Barice & Feeney, P.A. as Interim Board Attorney. They
intend to designate Thomas Feeney as the attorney responsible for
the handling of this interim representation. Mr. Feeney currently
represents the City of Altamonte Springs Code Enforcement Board.
Other members of the law firm will be available to advise the Board
in the event of scheduling conflicts. This interim representation
will not preclude Fowler, Barice & Feeney, P.A. from applying for
the permanent position.
In order to fill the position of Board Attorney in
compliance with the requirements of the City Code, it is
recommended that the City seek applications from qualified
attorneys. In connection with the process, it is also recommended
that a committee be formed to review applications for the position,
to conduct such interviews as the committee deems appropriate and
to submit to the City Commission a ranked short list of applicants.
It is suggested that the committee consist of Mr. Flippen, Chief
Strosnider, the City Attorney, Code Enforcement Board Chairman Jim
Sills and a member of the City Commission to be designated by the
City Commission.
RECOMMENDATION:
It respectfully is recommended that the City Commission
(1) appoint the law firm of Fowler, Barice & Feeney as Interim
Board Attorney to the Code Enforcement Board, (2) authorize the
City staff to advertise for applicants for, the position of Board
Attorney, (3) appoint a committee to present a ranked short list to
the City Commission, and (4) designate a member of the City
Commission to serve on such committee.
•
cc: Mr. Ellis Shapiro
CAWP5IWOCSOCOEIMEMOSNBOARDA1T I 7/2&95 I DOMED!I PER:dcb
-2-
FOWLER, BARICE & FEENEY
PROFESSICNALASSCOATION
ATTORNEYS AND COUNSELORS AT LAW
JAMES A.FOWLER EMPIRE BUILDING TELEPHONE(407)42.5.2864
CAROLE JOY I3ARICE 2a W.CENTRAL BLVD. TELEFAX(407)4.25.2600
THOIAAs C.FEENEYou ()ALAND°,FurdCA
VARY L.SNEED 22801
July 28, 1995 RECEIVED _
VIA FACSIMILE 648-1743
. „
Paul Rosenthal, Esq. JUL 31 1995
7%4
FOLEY & LARDNER -
FOLEY &P.O LARDNER
. Box 2193
Orlando, FL 32802
lit-5/11r rr
RE: City of Ocoee
•
Code Enforcement Board ; • • • 11.,‘FO", . • ***-
.
. :
•.:: k
Dear Paul:
" . . .•
Please advise the City Commission and your City Miriiiii.that'we would be pleased to •
serve as interim Code Enforcement Board attdineYS*01dliiiiiiieefWith their approval *
Tom Feeney of my office is presently the Code Enforcement Board attorney for the City -
of Altamonte Springs and as a consequence, is well.farnifiar with the process in general.
• •
•-. . . . .
It is my understanding that the Code Enforcement Board attorney represents the Board
• and does not present the cases on behalf of the City. Accordingly, if the City would wish
to utilize our services as interim Code Enforcement Board attorneys, I would appreciate
you letting me know at your earliest convenience so that Tom might familiarize himself
with your proceedings and Code, to perhaps include the cases that are presently
pending before the Board.
• It is my understanding that your next Code Enforcement Board meeting would-be-August
22, 1995 and Tom has advised me that he would be available for such a meeting. Please
provide us with a tentative schedule of future meetings, including dates and times.
•
If you need any additional information, please do not hesitate to contact myself or Tom •
directly.
Sincerely yours,
. •
• Dictated but not mad: malted in • -
c. •
his absence to avoid dcAm
•
James A. Fowler, Esq.
JAF:kap •
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