Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ADOPT Resolution Amending the Broward County Administrative Code, the title of which is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE CONFLICT OF INTEREST POLICY FOR OUTSIDE LEGAL COUNSEL; AMENDING SECTION 18.88 OF THE BROWARD COUNTY ADMINISTRATIVE CODE (“ADMINISTRATIVE CODE”); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.
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Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider adoption of the Resolution Amending the Broward County Administrative Code was adopted by the Board of County Commissioners (“Board”) at its meeting of March 11, 2025.
What Action Accomplishes
Allows for the Board’s consideration of the Resolution Amending the Broward County Administrative Code.
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Previous Action Taken
Summary Explanation/Background
Section 18.88 of the Broward County Administrative Code (“Administrative Code”) establishes conflict of interest rules for outside legal counsel retained by Broward County (“County”). Under the policy, outside legal counsel representing the County must not represent parties with interests that conflict with or are adverse to those of the County, and currently prohibits such retained counsel from representing any party before the Board on any matter, whether or not adversarial.
The proposed amendment (attached as Exhibit 1) modifies the Administrative Code to allow outside legal counsel to represent a client before the Board on land use or land development matters. These matters are typically nonadversarial. Under the proposed revised policy, counsel would be permitted to represent a client if counsel discloses the representation to the County Attorney, receives written approval from the County Attorney (which will not be granted if any conflict or material prejudice to the County’s interests would result), and such representation is permitted under professional rules and applicable laws and regulations.
The proposed Resolution was modified from the version that appeared on the March 11, 2025, agenda to refer to the Board of County Commissioners as the “County Commission” rather than as the “Board.”
Source of Additional Information
Annika E. Ashton, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
None.