County attorney’s office implements new policy
By SUZETTE PORTER
Article published on Tuesday, March 25, 2008  |
CLEARWATER – County Attorney Jim Bennett wasted no time in presenting a policy to the Board of County Commissioners regarding legal representation of multiple clients.
After serving as acting county attorney since September of 2007, the board offered Bennett the job on March 11.
Bennett was appointed to the position when former county attorney Susan Churuti was fired after a Pinellas County grand jury questioned some of her actions in a June 5 land deal between the county and Property Appraiser Jim Smith.
After examination of the goings-on that transpired with the controversial land sale, the grand jury made a number of recommendations for changes with county’s policies and procedures. One recommendation involved how the county attorney’s office handled legal representation of multiple clients and the waiver of conflict.
Churuti’s actions were questioned because it was not clear whether she was representing Smith as private individual or as the property appraiser. The sale of the 1.44 acres of land for $225,000 was by Smith as a private individual.
Churuti told the board after the grand jury investigation was over that at no time did she represent Smith as a private individual during the land transaction. She explained that the waiver for conflict of interest, which she had requested be signed by Smith and the Chairman of the Board of Commissioners, concerned any possible role Smith might have in his official capacity as property appraiser.
Churuti’s explanation did not satisfy commissioners and she was fired.
Bennett said the new policy should prevent any future issues in similar circumstances.
The new policy clarifies when the board will receive notification of the need for a waiver of conflict in legal representation and, if possible, be timed so that the matter can appear on the next board agenda.
“You’ll know, the public will know and the county administrator will know if this action is required,” Bennett said.
Former County Administrator Steve Spratt, who subsequently resigned his position in the aftermath of the land deal and grand jury investigation, had said he was not aware of Churuti requests for a waiver of conflict.
The county attorney’s office is, per the charter, responsible for providing legal representation and advice to the board of county commissioners, constitutional officers, more than 60 boards, commissions, and authorities, as well as officials and employees of county government.
Because of its wide scope, the county attorney's office frequently is confronted with requests to handle legal matters involving multiple clients in a single transaction, lawsuit, or other legal matter, according to information Bennett provided to the board.
Legal representation of multiple clients is governed by the Florida Bar Rules of Professional Conduct, and is impacted by various statutes, county policies and the County's Risk Management Self Insurance Program.
Bennett said if the new policy had been in place during the Jim Smith land deal it would have “made it very clear that no personal representation was involved.
“All the commission would have been aware, not just the chair, and it all would have happened in a board meeting. It would have been very transparent,” Bennett said.
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Article published on Tuesday, March 25, 2008
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