Chapter 25 - OFFICE OF GENERAL COUNSEL

Sec. 24.602. - Division Chief. Chapter 26 - ECONOMIC DEVELOPMENT Chapter 25 - OFFICE OF GENERAL COUNSEL[1]

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Charter reference— Allocation of certain powers and duties, § 4.02; duty to petition Circuit Court for judicial reapportionment, § 5.02; office of general counsel, § 7.01 et seq.; reapportionment, duty to petition Circuit Court for judicial reapportionment, § 13.03; applicability of civil service system to employees of Consolidated Government, § 17.06.

State Law reference— Attorneys; admission and discipline, Fla. Const. Art. V, § 15; domestic relations payments and enforcement system, F.S. § 61.181; provisions regarding regulation and qualifications of attorneys generally, F.S. § 454.01 et seq.

PART 1. - GENERAL PROVISIONS

Sec. 25.101. - Office established; general responsibility.

There is established a department to be known as the Office of General Counsel, which shall have general responsibility for furnishing legal services to the City and its independent agencies, except where the Council may otherwise direct. For purposes of utilization of central services by the City and its independent agencies, the services of the Office of General Counsel shall be deemed to be central services or services of the Central Services Department, as the case may be.

(Ord. 68-45-32, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-618-314, §§ 2, 3; Ord. 73-1060-516, § 2; Ord. 83-591-400, § 1)

Note— Former § 23.101.

Sec. 25.102. - General Counsel.

The head of the Office of General Counsel is the General Counsel. The General Counsel shall be an attorney licensed to practice law in the State of Florida and have at least five years' experience in the practice of law. He shall be appointed by the Mayor and confirmed by the Council and shall serve at the pleasure of the Mayor. The General Counsel shall devote his entire time and attention to the business of the office.

(Ord. 68-45-32, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-618-314, §§ 2, 3; Ord. 73-1060-516, § 2; Ord. 83-591-400, § 1; Ord. 85-1398-730, § 1)

Note— Former § 23.101.

Sec. 25.103. - Assistant Counsels.

The General Counsel shall appoint Assistant Counsels and fix their compensation, subject to the approval of the Mayor. The Assistant Counsels shall devote their entire time and attention to the business of the office.

(Ord. 68-45-32, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-618-314, §§ 3, 4; Ord. 73-1060-516, § 2; Ord. 83-591-400, § 1)

Note— Former § 23.102.

Sec. 25.104. - Corporation Secretary.

Subject to applicable civil service laws and rules, the General Counsel shall designate one of his employees as Corporation Secretary.

(Ord. 69-970-645, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-618-314, §§ 2, 3; Ord. 73-1060-516, § 2; Ord. 83-591-400, § 1)

Note— Former § 23.103.

Sec. 25.105. - Duties of Corporation Secretary.

The Corporation Secretary shall be responsible for the custody and safekeeping of such records of the Executive Office of the Mayor as the Mayor shall designate and for the performance of such additional duties as may be delegated to him by the Mayor. The Corporation Secretary is authorized and entitled to keep in his possession a duplicate official seal of the City and to affix the seal on all papers and documents necessary to be executed by the Mayor and on all certified copies of public records of which he has custody.

(Ord. 69-970-645, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-618-314, §§ 2, 3; Ord. 73-1060-516, § 2; Ord. 80-748-384, § 2; Ord. 83-591-400, § 1)

Note— Former § 23.104.

Sec. 25.106. - Litigation imprest fund.

There is authorized to be established in the Office of General Counsel, in the custody of the General Counsel, a litigation imprest fund of not exceeding $2,500, which shall be available, without regard to fiscal years, for the expenses of litigation conducted or defended by the Office of General Counsel, including filing fees for actions commenced by the City or an independent agency in a state or federal court and for appeals taken by the City or an independent agency, witness fees required to be tendered to persons subpoenaed on behalf of the City or an independent agency, fees for service of process for designated agents within the City and for the several sheriffs or designated agents in other counties of the state or elsewhere, the reproduction or acquisition of necessary documentary evidence not in the official possession of the City or an independent agency to be used at a deposition, hearing or trial and similar expenses directly related to cases in litigation, but not including fees for special counsels or the payment of a monetary judgment against the City or an independent agency. The litigation imprest fund shall be maintained as a checking account in a bank located in the City and the General Counsel shall prescribe rules for the withdrawal of funds from this checking account, including a requirement that checks be signed by at least two individuals in the Office of General Counsel. Periodically, as determined by the General Counsel, a statement of the disbursements from the litigation imprest fund shall be presented to the City Comptroller, with such supporting documents as the City Comptroller requires, for reimbursements of the fund. Bank service charges shall be a proper expense item of the litigation imprest fund.

(Ord. 83-591-400, § 1; Ord. 2017-504-E, § 11.10)

Sec. 25.107. - Notice of certain litigation.

Whenever the Office of General Counsel receives a complaint filed against the City involving litigation which has as its basis the appeal of a decision of the Council to either approve or deny a petition for rezoning property, the General Counsel shall within five days of receipt of the complaint provide a copy of the complaint to the Assistant Council Secretary-Zoning.

(Ord. 85-1543-796, § 1)

PART 2. - SUPPORT ENFORCEMENT ACTIVITY

Sec. 25.201. - Establishment.

There is established within the Office of General Counsel an activity to be known as the Support Enforcement Activity. This activity shall be under the supervision of an Assistant General Counsel, who shall be appointed by the General Counsel at a rate of compensation to be fixed from time to time by the General Counsel, subject to the approval of the Mayor. The Assistant General Counsel shall be a member in good standing of The Florida Bar and shall devote his entire time and attention to the performance of his duties.

(Ord. 80-748-384, § 3; Ord. 83-591-400, § 1)

Editor's note— The Support Enforcement Activity was established as the successor agency to the Office of Court Commissioner, created by Ord. 76-781-401 and abolished by Ord. 80-748-384, § 1.

Note— Former § 23.201.

Sec. 25.202. - Lawful general County purpose; territorial application.

The establishment and maintenance of the Support Enforcement Activity is a public need and is hereby declared to be a lawful general County purpose. The Support Enforcement Activity shall have authority throughout the General Services District and it may exercise like authority in any other County as provided in Section 25.204.

(Ord. 80-748-384, § 3; Ord. 83-591-400, § 1)

Note— Former § 23.203.

Sec. 25.203. - Functions.

Subject to the general supervision of the General Counsel, the Support Enforcement Activity shall investigate and enforce all cases referred to it by the Child Support Enforcement Unit, State Department of Children and Family Services, and more particularly:

(a)

Institute paternity actions and child support actions unconnected with dissolutions of marriage.

(b)

Establish and enforce any existing child support orders of any state or jurisdiction.

(c)

Seek commencement of child support payments in which prior orders failed to provide for such payment.

(d)

Seek increases in previously ordered child support, where warranted by circumstances.

(e)

Seek collection of public debts as set forth in F.S. § 409.2561(1).

(f)

Represent persons pursuant to a contract with the state and its agencies for the purpose of implementing Title IV(D) of the Social Security Act [42 U.S.C. §§ 651—662] and F.S. Ch. 409.

(g)

Handle such ancillary matters connected with the foregoing functions as shall be necessary to effect the purposes set forth in this Part.

(Ord. 80-748-384, § 3; Ord. 83-591-400, § 1)

Note— Former § 23.204.

Sec. 25.204. - Expansion of activity into other counties authorized.

(a)

The expansion of the Support Enforcement Activity into any other county contiguous to Duval County is hereby authorized. If an office is established in another county, the provisions of Section 116.110 shall not be applicable with respect to the Assistant Counsels and other employees of the Support Enforcement Activity who work in the other county, so long as their principal place of work is outside Duval County.

(b)

Before the Support Enforcement Activity begins operations in a county into which expansion has been authorized, the Board of County Commissioners of that county shall execute an interlocal agreement with the City to provide necessary funding, sufficient office space, clerical and stenographic assistance and investigations as are deemed necessary by the General Counsel and approved by the Board of County Commissioners of that county. This interlocal agreement shall provide that funds made available for financial support of such office shall be paid to the City.

(Ord. 80-748-384, § 2; Ord. 83-591-400, § 1)

Note— Former § 23.205.

Sec. 25.205. - Authority to execute contracts.

The Mayor and Corporation Secretary shall have the authority to enter into contracts between the City and the State of Florida and its agencies and also with other counties to provide for financial and other support that may be made available by the state or the counties for the operation of the Support Enforcement Activity. A contract which would obligate the City financially may not be executed without prior approval from the Council.

(Ord. 80-748-384, § 2; Ord. 83-591-400, § 1)

Note— Former § 23.206.

Sec. 25.206. - Nonpublic-assistance cases authorized.

The Support Enforcement Activity is authorized to accept cases not referred to it under Section 25.204 in which there already exist court orders for child support entered by the courts of this state or any other jurisdiction and may, with respect to these cases, request the Circuit Court to enforce the orders, using contempt proceedings only. The General Counsel, Assistant General Counsel or an Assistant Counsel assigned to the Support Enforcement Activity may represent private individuals for the purpose of seeking enforcement of court orders for child support as provided in this Section and the General Counsel shall establish a schedule of fees to be charged in these cases, which schedule may provide for the charging of no fee in appropriate instances and a requirement that public assistance moneys being furnished to a client be used to pay a fee so charged. The Support Enforcement Activity may conduct investigations and handle ancillary matters connected with the cases hereby authorized to be accepted as shall be necessary to effect the purpose expressed in this Section. The authority granted under Sections 25.204 and 25.206 shall apply to the cases authorized under this Section.

(Ord. 83-601-474, § 1)

PART 3. - DUVAL COUNTY LEGISLATIVE DELEGATION ACTIVITY

Sec. 25.301. - Establishment; Legislative Delegation Coordinator.

There is established within the Office of General Counsel an activity to be known as the Duval County Legislative Delegation Activity. This activity shall be under the supervision of a Legislative Delegation Coordinator, who shall be appointed by the General Counsel at a rate of compensation to be fixed from time to time by the General Counsel, subject to the approval of the Mayor and the chairman of the Duval County delegation to the Legislature. The Legislative Delegation Coordinator shall devote his entire time and attention to the performance of his duties.

(Ord. 83-591-400, § 1)

Sec. 25.302. - Legislative Delegation Secretary.

The General Counsel is authorized to appoint a Legislative Delegation Secretary, who shall be exempt from the classified civil service, at a rate of compensation to be fixed from time to time by the General Counsel, subject to the approval of the chairman of the Duval County delegation to the Legislature. The Legislative Delegation Secretary shall devote his entire time and attention to the performance of his duties.

(Ord. 83-591-400, § 1)

Sec. 25.303. - Functions.

Subject to the general supervision of the General Counsel, the Duval County Legislative Delegation Activity shall have the following functions:

(a)

To provide a local office at which to maintain the records and files of the Duval County delegation to the Legislature.

(b)

To assist the chairman and members of the Duval County legislative delegation in preparing for sessions of the Legislature, meetings of committees and subcommittees of the Legislature and meetings of and hearings by the delegation itself.

(c)

To serve as a liaison office between the Duval County legislative delegation and the units of local government represented by the members of the Duval County legislative delegation.

(Ord. 83-591-400, § 1)

Sec. 25.304. - Legislative Delegation Coordinator and Secretary to attend sessions of Legislature, etc.

The Legislative Delegation Coordinator and Legislative Delegation Secretary shall attend sessions of the Legislature, meetings of committees and subcommittees of the Legislature and meetings of and hearings by the Duval County legislative delegation itself, as directed by the chairman of the Duval County Legislative delegation. While attending the sessions of the Legislature and meetings of committees and subcommittees in Tallahassee and elsewhere in the state (except in the City), the Legislative Delegation Coordinator and Legislative Delegation Secretary shall receive travel expense reimbursement as authorized by Section 106.715.

(Ord. 83-591-400, § 1)

Sec. 24.602. - Division Chief. Chapter 26 - ECONOMIC DEVELOPMENT