PORT ST. LUCIE CITY COUNCILAGENDA ITEM SUMMARY

Meeting Date: February 22, 2018

Agenda Item #: 6

PLACEMENT: New Business

ACTION REQUESTED: Motion / Vote

APPROVE APPOINTMENT OF AN INTERIM CITY ATTORNEY

SUBMITTED BY: Jerome Post, Human Resources Director

STRATEGIC PLAN LINK: The City ' s Goal of a high-performing city government organization.

EXECUTIVE SUMMARY (General Business): City Attorney Osenton has submitted a proposedseparation agreement effective February 22, 2018. If the Council approves the separationagreement, an Interim City Attorney will need to be appointed until a new City Attorney is retainedby the City Council. James Stokes submitted a proposal through the City Manager to act as InterimCity Attorney for a period of one year.

PRESENTATION INFORMATION: N/A

STAFF RECOMMENDATION: Move that the Council accept the proposal to appoint James Stokes asInterim City Attorney and direct staff to prepare a contract in accordance with City policy and properform.

ALTERNATE RECOMMENDATIONS:1. Move that the Council amend the recommendation and continue negotiations with James

Stokes.2. Move that the Council provide staff direction.

BACKGROUND: When O. Reginald Osenton was recruited to fill the position of City Attorney in 2016,another candidate, James Stokes, was being considered as well. Although Mr. Stokes was notselected at that time, he was a leading candidate for the position. His resume and terms to act asInterim City Attorney are attached. There are two stipulations that were negotiated post-receipt ofthe initial terms. 1) The annual amount to be paid will be in bi-weekly increments; 2) Mr. Stokesshall receive an additional 10.5% toward a retirement plan.

ISSUES/ANALYSIS: N/A

FINANCIAL INFORMATION: Mr. Stokes' proposal will cost the City $200,000. Additionally, Mr.Stokes' proposal requires the payment of 10.5% of that sum to a retirement account. Bycomparison, according the Procurement Management Department, the City paid the law firm ofNason Yager $21,400 per month ($256,800 per year), plus miscellaneous expenses when theyprovided services as the Interim City Attorney in 2016.

Agenda Memorandum (General Business) V 2.4

SPECIAL CONSIDERATION: N/A

LOCATION OF PROJECT: N/A

ATTACHMENTS: 1) Resume of James Stokes; 2) James Stokes ' proposal to act as Interim CityAttorney.

NOTE: All of the listed items in the "Attachment" section above are in the custody of the City Clerk. Any item(s) notprovided in City Council packets are available upon request from the City Clerk.

LEGAL SUFFICIENCY REVIEW: N/A

ROUTING:1. Department requesting Agenda Item: Human Resources DepartmentAPPROVAL(S):2. Department preparing Agenda Item: Human Resources Director Jerome Pos

3. Secondary Department Approval: N/A

4. City Manager's Office: N/A

5. City Manager's Office: David Graham, Assistant City Manager -

6. City Manager: Russ Blackburn

Agenda Memorandum (General Business) V 2.4

JAMES D. STOKES

Attorne9 at La.

Education:

Southwestern University School of Law (1995) I Juris DoctorateLos Angeles, California• American Jurisprudence Book Award (Cont racts)

• American Jurisprudence Book Award (Remedies)• Dean 's Merit Award

University of Notre Dame (2014) 1 M.A., TheologySouth Bend, Indiana

University of Redlands (1993) 1 B.S., Business & ManagementRedlands, California

Certifications:

• Board Certified Specialist I Labor & Employment Law, Florida Bar (2004 - present)

• Board Certified Specialist 1 City, County & Local Government Law, Florida Bar (2008 - present)

• Certified Circuit Civil Mediator I Florida Supreme Court (2011 - present)

• Certified Appellate Mediator 1 Florida Supreme Court (2011 - present)

• Qualified State Court Arbitrator I Florida Supreme Court (2012 - present)

Appointments & Positions:

Special Magistrate/ Hearing Officer:• Florida Public Employees Relations Commission (2013 - present)

▪ City of Boynton Beach, Red Light Camera Enforcement (2013 - present)

• Town of Palm Shores, Code Enforcement (2013 - present)

• Town of Malabar, Code Enforcement (2014 - present)

▪ City of Indian Harbour Beach, Code Enforcement (2014 - present)

• Town of Grant-Valkaria, Code Enforcement (2015 - present)

• City of Palm Bay, Code Enforcement (2015 - present)

• City of Indian Harbour Beach, Parking Enforcement (2017 - present)

• City of Edgewater, Animal Control & Code Enforcement (2018 - present)

• Town of Melbourne Beach, Employee Appeal (28013)

• Town of Golden Beach, Code Enforcement '2003 - 2013

• City of Hollywood, Code Enforcement (2 )2 - 25000

• City of Hollywood, Vehicle Impoundment 2002 - 2000)

Commercial Arbitrator:• Public Risk Management of Florida (2012 - present)

• Florida Supreme Court Qualified (2012 - present)

• American Arbitration Association, Large Complex Cases (2014 - present)

Labor Arbitrator:• American Arbitration Association (2012 - present)

▪ Federal Mediation & Conciliation Service (2013 - present)

• National Mediation Board (2016 - present)

Special Counsel:• City of Palm Bay; Planning & Zoning Board Attorney (2014 - present)

• City of Palm Bay; Code Enforcement Board; Attorney (2015 - present)

ti,<-? • Board Certified Specialist Labon&Emp/oymcntLaw^.

Board Certified Specialist I City County s,Loca/CovcmmcntLaw

Community Positions:

U. S. Coast Guard Auxiliary▪ Assistant District Legal Officer, Seventh District (201 - present)

Civil Rights Coordinator, Seventh District (2017- present)

▪ Public Affairs Officer, Flotilla 070-17-02 (2017-present)U. S. Naval Sea Cadet Corps• Instructor, David McCampbell Battalion (2016- present)

▪ Public Affairs Officer, David McCampbell Battalion (2017-present)Diocese of Orlando, Ordained Deacon (2008 - present)

Memberships:

The Florida Bar (admitted to State & Federal Courts)State Bar of California (admitted to State & Federal Courts)Florida Municipal Attorneys Association

Instructional Experience & Speaking Engagements:

Mediation in the Public Sector (2 sessions)Annual Conference, Florida Dispute Resolution CenterAugust, 2017 1 Orlando, Florida

How To Prepare For Arbitration: An Arbitrator's PerspectiveFlorida Public Employers Labor Relations AssociationFebruary, 2017 ^ Orlando, Florida

The Public Employees Relations Act17th Labor & Employment Law Annual Update and Certification ReviewJanuary, 2016 1 Orlando, Florida

So They Say You Can't Do That In Mediation? The Local Government Perspective.35th Annual Local Government Law in Florida, The Florida BarMay, 2012 Saint Augustine, Florida

Diversity Issues & Tolerance for the Law Enforcement Officer (8 sessions)Winter Park Police DepartmentJanuary, 2012 Winter Park, Florida

Social Media in the Public Sector WorkplaceSpace Coast Public Personnel & Risk Management AssociationFebruary, 2010 I Viera, Florida

501(c)(3) Corporations in the Public Sector, A Good Tool orA Risky Business?Annual Conference, International Municipal Lawyers AssociationOctober, 2009 ^ Miami, Florida

Attendance Issues: Aren't Employees Supposed To Attend And Ask To Leave?Annual Conference, National Public Employers Labor Relations AssociationApril, 2008 I Clearwater, Florida

Privileges, Exemptions and Ex Parte Communications.33rd Annual Public Employment Labor Relations Forum, The Florida BarOctober, 2007 1 Orlando, Florida

Military Leave and LI-SERRA in the Public SectorSpace Coast Public Personnel & Risk Management AssociationMay, 2007 Viera, Florida

Conducting Workplace Investigations: Weingarten, Bill of Rights, and Other Issues.31st Annual Public Employment Labor Relations Forum, The Florida BarOctober, 2005 1 Orlando, Florida

James D. StokesPAGE 2 OF 4

Employment History:

Law Office of James D. Stokes(2011 - present) Arbitrator, Mediator, Special Magistrate(City Attorney: Greenacres, 2015; Sebastian, 2018)

Office of the City Attorney 1 City of Palm Bay(2006 - 2011) City Attorney, Deputy City Attorney

Office of the City Attorney 1 City of West Melbourne(2006 - 2008) Interim City Attorney

Office of the City Attorney I City of Pompano Beach(2002 - 2006) Senior Assistant City Attorney, Chief Litigator

Muller Mintz, P.A. (Miami, Florida)(1998 - 2002) Associate Attorney, Senior Associate

Franscell, Strickland, Roberts & Lawrence, P.C. (Pasadena, California)(1995 - 1998) Associate/Graduate Attorney

Office of the City Attorney I City of Los Angeles(1995) Certified Legal Intern (jnll-time)

Riverside County Sheriff's Department (California)(1988 - 1992) Deputy Sheriff

China Lake Police Department (California)(1984 - 1988) Police Officer, Corporal, Detective Sergeant(1980 - 1984) Police Dispatcher

Ridgecrest Police Department (California)(1982 - 1986) Reserve Police Officer

Published Cases:

•

Barnkat v. Broward County Housing Authority, 771 So.2d 1193 (Fla. 4th DCA 2000)(An executive employment contract with a severance provision which does not providean exception for terminations "for cause" renders executive entitled to full benefit ofseverance provision even upon a termination based upon criminal conduct).

• Alloco v. City of Coral Gables, 221 F. Supp. 2d 1317 (S.D. Fla. 2002);aff d without op., 88 Fed. Appx. 380 (11th Cir. 2003)(University security personnel who are also Reserve Police Officers are not entitled to cityemployment benefits and pension, and failure to file a tort claim rendered state lawclaims time-barred).

• Frank A. Ciolli v. City of Palnr Bay, 59 So. 3d 295 (Fla. 5th DCA 2011)(In defense of the foreclosure of a code enforcement lien, the property owner has theright to dispute the validity of the notice by claiming that the return receipt from the postoffice was inaccurate or signed by a person unrelated to him).

• City of Pahn Bay v. Wells Fargo Bank, N.A., 114 So.3d 924 (Fla. 2013)(Supreme Court decided that code enforcement liens attached to real property pursuantto an ordinance enacted by Home Rule Power cannot have super-priority over apreviously recorded purchase-money mortgage).

James D. StokesPA.GE3OF4

College Teaching Positions:

Adjunct Professor ^ Labor Law & Employee Standards (Aviation Management Program)Florida Institute of Technology, College of Aeronautics

Academy Instructor 1 Law Topics for Law Enforcement OfficersBroward College, Institute of Public Safety -.

Adjunct Professor I Business Law

The Union Institute, Los Angeles i . ? - ,

Reserve Academy Instructor I Firearms, Impact Weapons & Use of ForceCerro Coso Community College, Ridgecrest ;I9t -

Public Sector Entities in California for which le gal services have been erformed:

• City of Beverly Hills City of Ontario• City of Chino • County of Orange• City of Colton • City of Pasadena• City of Fontana • City of Pomona• City of Los Angeles • City of Rialto• County of Los Angeles • County of San Bernardino• Metropolitan Transit Authority • City of Santa Monica

Public Sector Entities in Florida for which legal services have been performed:

• Broward County Housing Authority •

Miami Beach Housing Authority• City of Boynton Beach •

City of North Miami Beach• City of Cooper City •

City of North Miami• City of Coral Gables •

City of North Bay Village• Town of Davie •

City of Palm Bay• City of Edgewater •

County of Palm Beach• City of Florida City •

City of Palm Shores• Town of Golden Beach •

Village of Pinecrest• Town of Grant-Valkaria •

City of Plantation• City of Greenacres •

City of Pompano Beach• City of Hialeah •

Village of Sea Ranch Lakes• City of Hollywood •

City of Sebastian• City of Indian Harbour Beach •

City of South Miami

• City of Lighthouse Point •

City of Surfside

• City of Melbourne Village •

City of Sunrise

• City of Miami •

City of West Melbourne

• City of Miami Beach •

Utility Board of Key West

James D. StokesPAGE 4OF 4

LETTER OF ENGAGEMENTINTERIM CITY ATTORNEY

THIS LETTER is intended to memorialize the engagement of JAMES D. STOKES, FloridaBar No. 157163, and the CITY OF PORT ST. LUCIE, a Florida Municipal Corporation, for hisservices as the Interim City Attorney, pursuant to the terms set forth herein.

1.

STOKES shall be engaged on a temporary basis to fulfill the duties andresponsibilities of the City Attorney as set forth in Section 9.04 of the City'sCharter and Section 31.18 of the City's Code of Ordinances.

7

STOKES shall be the Director of the Legal Department and be responsible tosupervise all attorney and support personnel assigned to that Department.STOKES will supervise and mentor attorney staff generally, as well as preparethem to attend Board and Committee meetings; STOKES will monitor andsupervise all litigation, whether handled in-house or by outside counsel.

3. STOKES will work whatever hours are necessary to competently fulfill his dutiesand responsibilities, which shall constitute full-time work; however, STOKESwill only be expected to be present in City Hall on average for 24 hours perweek, and only two or three days a week, as necessary. STOKES will remainavailable to the Mayor & Council, the City Manager and his staff, the LegalDepartment's staff, and all City department directors as needed by cell phoneand email. (STOKES will be excused from his presence at City Hall from May 29to June 1, and from July 20 to July 30, because of previous commitments).

4. STOKES will remain the City Attorney for the City of Sebastian, as well asperform other engagements which constitute serving as a hearing officer,magistrate or board counsel. STOKES will not engage in representing any non-government or new client during the term of this engagement.

5. STOKES will attend all regular City Council meetings (except for July 23, whichis excused for a previous engagement); however, special set meetings/workshops may require accommodation due to obligations to Sebastian or otherjurisdictions in which STOKES serves as board counsel, hearing officer ormagistrate.

6. STOKES will be an officer of the City and will be fully defended and indemnifiedpursuant to Section 111.07, et seq. Florida Statute, or any other applicableprovision of law or policy, in the same manner as done for other City employeesand officials.

7. STOKES will be paid $200,000 for the one-year period of this engagement, plus acontribution of 10.5% to an ICMA 457 account for each calendar year. STOKESwill not be entitled to any other employee benefits.

LETTER OF ENGAGEMENT

INTERIM CITY ATTORNEY

PAGE 2 OF 2

8.Should STOKES fail to satisfactorily perform pursuant to this engagement, hewill be entitled to an evaluation and reasonable cure period. Should STOKES'performance remain unacceptable, this engagement can be terminated by theaffirmative vote of a majority of the City Council, with STOKES receiving aseverance amount equal to two months compensation.

9.

The term of this engagement shall be for one-year (365 days) unless extended bythe City. STOKES will be terminating his representation of another SouthFlorida municipality, which requires a 30-day notice period. The City agrees thatscheduling and hours in City Hall will require accommodation and flexibilityduring this 30-day period during which STOKES winds-down his representationof this other municipal client.

10.

Should another individual be recruited and hired as a permanent City Attorneyprior to the expiration of this one-year engagement, STOKES will become a"consulting attorney" and will remain available to the new City Attorney asneeded until the term of this engagement expires.

11.

Any modification to this letter of engagement shall be mutually agreed upon andset-forth in writing; this engagement is governed by Florida law and disputesadjudicated in the courts of St. Lucie County; and if any provision herein isdetermined to be unlawful or otherwise void as against public policy, theremainder of this letter of engagement shall remain in effect.

THIS LETTER OF ENGAGEMENT becomes effective when it is fully executed by bothparties, subsequent to acceptance and approval by City Council action.

FOR THE INTERIM CITY ATTORNEY:

JAMES D. STOKESInterim City Attorney

Dated:

FOR THE CITY OF PORT ST. LUCIE:

GREGORY J. ORAVECMayor

Dated:

ATTEST:

Karen A. Phillips, City Clerk