HomeMy WebLinkAboutAgenda - 11-18-2008 - 4pORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 18, 2008
Action Agenda
Item No. !~
SUBJECT: County Attorney Transition and Legal Services Contract Approval
DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No
County Manager
ATTACHMENT(S): INFORMATION CONTACT:
Geoffrey Gledhill, 732-2196
11/11/08 Letter from Geof Gledhill with Laura Blackmon, 245-2300
5/30/08 Letter of Retirement and
Proposed Contract
PURPOSE: To consider approving a contract with the law firm of Coleman, Gledhill, Hargrave
& Peek for legal services to the County.
BACKGROUND: In May 2008, County Attorney Geof Gledhill informed the Board of
Commissioners of his plans to retire from the practice of law and his desire to end his service as
County Attorney effective December 1, 2008. (That letter is included in the attachment to this
abstract.) Based on this information the Board began a process to solicit interest and retain a
new "in house" County Attorney to direct legal services for the County. The Board's process is
continuing and it is estimated the Board will retain a new County Attorney by March 2009. This
results in a gap of approximately 4 months the Board needs to address regarding the provision
of legal services.
BOCC Chair Barry Jacobs, Vice Chair Valerie Foushee, County Manager Laura Blackmon, and
Mr. Gledhill have discussed the pending gap in legal services. Mr. Gledhill has offered, in the
attached letter dated November 11, 2008, to continue serving during this period as County
Attorney as part of his firm, Coleman, Gledhill, Hargrave & Peek. (Note: The county attorney
function is performed by Mr. Gledhill and other members of the firm.) To accomplish this, Mr.
Gledhill has provided a contract which is an attachment to the November 11 letter. The contract
calls for the following services:
• performing legal services and rendering advice to the County on such occasions as
may be required by the County;
• attend all County Commissioner meetings, work sessions and public hearings,
generally excepting budget work sessions;
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attend staff "agenda review" meetings to review agendas for the preparation of the
County Commissioner meetings;
attend Board of Adjustment meetings and any other Board meeting when specifically
requested by the Board of Commissioners;
The services related to Board meetings (Board of Commissioners and otherwise) will end when
the new County Attorney begins her or his tenure. The contract is open-ended with respect to
other services that may be provided during the new County Attorney transition period and
indefinitely thereafter.
It is specifically noted that Coleman, Gledhill, Hargrave & Peek would not handle any County
litigation as the period of time to resolve those matters would likely extend beyond March 2009.
However, Mr. Gledhill has offered to help the County retain legal representation should litigation
arise during this period.
Compensation for Coleman, Gledhill, Hargrave & Peek will be as detailed in the legal services
contract attached.
FINANCIAL IMPACT: Funds to support legal services are budgeted in the Central Services
budget. It is projected the new contract with Coleman, Gledhill, Hargrave & Peek will be budget
neutral. The new contract does not include a retainer, but does detail an hourly rate higher than
is currently in place. It should also be noted the December and January legal services bills are
historically less than other months due to a reduction in the number of Board meetings. Until
the new county attorney selected, staff and the Board will need to be prudent in the assignment
of work to the firm.
RECOMMENDATION(S): The Manager recommends the Board approve the contract for legal
services with the firm of Coleman, Gledhill, Hargrave & Peek and authorize the Chair to sign the
contract on behalf of Orange County.
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LAW OFFICES
COLEMAN, GLEDHZLL, HARGRAVE & PEEK
A PROFESSIONAL CORPORATION
ll9 E. TRYON S1'RF~r
P. O. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27278
919-732-219b
FAX 919-732-7997
www.cghp-law.can
Barry Jacobs, Chair
Moses Carey, Jr.
Valerie P. Foushee
Alice M. Gordon
November 11, 2008
Mike Nelson
Orange County Board of Commissioners
Post Oi~xce Box 8181
Hillsborough, North Carolina 27278
Dear Board Members:
FROM THE DESK OF
GEOFFREY E. GLEDHTU.
E•1vfAlt: ggledltill@aBhPlaw.aom
In a letter to you dated May 30, 2008 I expressed my interest in retiring and my intent to
retire from the full time practice of law by the end of this year. In the same letter I expressed my
interest in ending my time as Orange County's attorney effective December 1 of this year. A
copy of that letter is enclosed. And, I have made some changes in my personal and professional
life consistent with my May 30, 20081etter to you.
Since May, the Board of Commissioners has been involved in the process of converting
Orange County's legal services from the wholly contract arrangement that it has had for over 30
years with me and my law firm to oxle where the County would receive its legal services
principally "in house," with the County attorney, staff attorneys and other staff as needed being
County employees. Pursuant to this plan the County will "house" the new County attorney and
her or his staff in offices or a suite of offices, probably to be located in the Link Center.
'The implementation of this plan to date includes the employment, by the County
Manager, of Annette Moore as a County staff attorney. That position was authorized by the
Board with funding for it included in the current County budget. Annette presently reports to the
County Manager although she works, on a regular basis, with Brian Ferrell and me.
The Board also contracted with The Mercer Group to recruit applicants for the County
attorney position. Recently a profile of the County attorney position prepared by Mercer was
approved by each member of the Board of County Commissioners. The position has been
advertised with notification applications will be accepted at least through November 24, 2008.
With the progress made to date on filing the County attorney position, it will not be filled by
December 1, 2008.
I have consulted with the Board Chair and Vice Chair concerning my willingness to
continue to serve as the County's attorney beyond December 1, 2008. With this letter, I offer to
Prange County Board of Commissioners
Page 2
November 11, 2048
do so understanding that filling the position of County attorney may not occur until March 2009:
Furthermore, I have previously expressed an intereslo coonti~ ftetrotdhe newlCounty attorney is
full-time contract basis, for the County in the Iran p ublic facilities, land
brought on board and thereafter doing transaction work related to County p
and conservation easement acquisitions and affordable housing project implementation.
Although I am willing to serve the County dd grefine those services in theefuture, am~e
County as described in this letter and as we, you an ,
not willing to be responsible for County IitigatiCe . ~ newo staff attorn y a d ass approp at the
.services, I would work with the Manager s offi ,
Board of County Commissioners to be sure the County has effective and competent
representation for litigation services required.
I have enclosed a contract between Orange County and the.firm of Coleman, Gledhill,
Hargrave & Peek, P.C. for the legal services a other cl ~~ flour firm.eOur fmnlcan contmne to
proposed is 70% of the rate I presently charg
do Cb~ild Support Enforcement services for the County for $90 per hour as agreed in a contract
covering the period July 1, 2008 through June 30, 2009.
As you know, it is the Board's practice to make a first Monday in December
"appointment" of the Manager, Clerk tv the Boazd and County attorney together. At that same
meeting, new Boazd members take the oath °~°~ is, howeverano legal requirement that the xce
Chair and makes other Board appomtmen
County attorney be appointed at any particulaz date or time. The County attorney serves at the
pleasure of the Beard and can be appointed and dismissed at-will by the Board of County
Commissioners. The next County attorney appointment action can be the one surrounding the
hiring of the new County attorney.
very truly yours,
COLEMAN, GLEDHILX.., gARGRAVE & PEED, P.C.
GEGIIsg
Enclosures
xc: Laura Blackmon
F:\LisaVett~s\Bd of Comm itr re status of County P.tto~neY searclt•d°c
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~w oFl:lcas
COLEMAN, GLEDHILL, HARG1tAVE & PEEK
A PROFESSIONAL CORPORATION
l29 & TRYON STREET
P. O. DRAWER 1529
FpLLSHOROl1GF~ NORTH CAROLIPIA 27278
9t9.732-2196
FAX 919-73Z-7997
www.cghp-faw.com
Barry Jacobs, Chair
Moses Cazey, Jr.
Valerie P. Foushee
Alice M. Gordon
May 30, 2008
Mike Nelson
(?range County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27278
Dear Board Members:
FROM THE DESK OF
GEOFFitEY E. GLEDHILL
E-MAIL: g,~edl~iEl®cghpdaw.com
On May 18, 1975 I received my law degree from the North Carolina Central University
School of Law. On August 24, .1975, in Hillsborough, the County seat of Orange County, I was
admitted to practice law in the "several Courts of this State" by order of Judge Henry A. (Sandy)
McKinnon, Jr. I Later tried cases before Judge McKinnon. He was known statewide for his
fairness and skill. He retired after serving 34 years as a Superior Court judge.
I was presented to the "Bar" far admission to practice law by Alonzo Brown (Lonnie}
Coleman, Jr., a senior partner in the firm with which I began the practice of law. I practiced law
with Lonnie until 1995 wheel he retired from the practice of Law after 30 years to become a
District Court judge.
I began attending Orange County Board of Commissioner meetings with Lonnie almost
as sooxl as I was admitted to practice law. It was not long after my first Board of Commissioners
meeting, held as they were for many years, in a small meeting room on the top floor of the "new"
County Courthouse, when Lonnie "abandoned me" to attend these meetings alone. I have
attended Orange County Board of Commissioner meetings ever since. With the very able
assistance. of administrative staff, associate attorneys and partners of Coleman, Gledhill,
Hargrave & Peek and its predecessors, I have served as Orange County's attorney for over 30
years.
After considerable thought, reflection and conversations with members of my family and
my business partners, I have decided that I want to "retire" from the full time practice of law by
the end of this year. And, assuming the Board wishes me to continue to serve as its attorney until
then, I would like that appointment to end effective December 1, 2008:
I have chosen the end of this year to retire from the full time practice of law for a number
of reasons. My •€amily is, geographically speaking, spreading out and in number growing.
s-
Orange County Board of Commissioners
page 2
May 30, 2008
As you know, Jane and I are now grandparents. I want to continue to spend quality time and moxe
time with my family. Because of geography, that will take more time, xequire more planning and
Ynore flexibility. _ '
I have shared with you the fact that Zane is in graduate school working toward a master's
degree in nursing and to become a certified nurse midwife. I want to be able to better support
lane as she pursues a professional career as a certified nurse midwife as she has supported me as
I I~a~pursued my professional career. I think I can da that best by having less responsibility
away from our home and mare flexibility to travel when she can.
I also want to become a better farmer. I want to produce grass finished beef from our
"cow calf' beef cattle business in Cedar Grove. Jane and I both want to maintain honey bee
hives, grow varietal grapes and put our goat herd back into "production."
These life changes will have to be made in a measured way and will take more time than I
have now. I think it is time for me to start making them.
It has been a particularly rewarding professional experience to me to represent Orange
County and the Orange County Board of Commissioners for the moxe than 30 years that I have
done so. I don't regret a minute of it. I want to thank you and those who have served before you
as County Commissioners for this professional opportunity and experience and for the
confidence you have shown me by your annual reappointment decision for so many years.
I have said and I'll say again it has been a singular honor and privilege tome to be
Orange County's lawyer. I am proud of Orange County government, with its focus on public
education, the environment, the civil rights of all of its citizens and, through land use planning,
progressive health, social services, aging, open space and recreation .programs, the health, safety
and welfare of its citizens. You, prior Board of Commissioner members and the competent and
dedicated people working for Orange County have done this. It has been a joy to me to have
played a small part helping achieve what has been achieved and to have worked with County
staff at all levels.
There is no place like Orange County. There is no other place I want to live. Our county
is a beautiful place. Its people are wonderful and I share their priorities. The quality of life
decisions that you have made and that you continue to make every day, in na small part, help to
make Orange County the outstanding place to Live that it is.
Finally, I think December of this year an opportune time for the County and the Board to
make the transition to a new county attorney and a different arrangement for the County to
receive its legal services. I have shared with you ideas that I.have about how I can continue to
work for Orange County in its attorney transition process and in other County work I would
. -
.' I
Orange County Board of Commissioners
Page 3
May 30, 2008
like to continue to do and think I can do well. I look forward to talking to you and to the County
Manager and her staff about that.
Very truly yours,
COLEMAN, GLEDHILL, I~ARGRAVE & PEEK, P.C.
GEG/lsg
xc: Laura Blackmon
ls~:len~s~a ~co~„ resig~atioz- rvanc
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
CONTRACT
THTS CONTRACT, made and entered into this the lst day of
December, 2008, by and between ORANGE COUNTY, NORTH .CAROLINA, a
body politic and corporate of the State of North Carolina, whose
mailing address is Post Office Box 8181, Hillsborough, North
Carolina 27278, .hereinafter referred to as COUNTY, and COLEMAN,
GLEDHILL, HARGRAVE & PEEK, P.C., a North Carolina professional
corporation, whose mailing address is Post Office Drawer 1529,
Hillsborough, North Carolina 27278, hereinafter referred to as
ATTORNEYS:
W I T N E S S E T H:
WHEREAS, it is the desire of COUNTY and ATTORNEYS to enter
into an agreement of employment for the performance by ATTORNEYS
of such legal services that shall be required from time to time
by COUNTY. .
NOW, THEREFORE, for and in consideration of the mutual
terms and agreements hereinafter set forth, COUNTY and ATTORNEYS
do agree, each with the other, as follows:
1. ATTORNEYS shall perform legal services and render
advice to COUNTY on such occasions as may be required by COUNTY
as follows:
a. Until a County attorney, replacing Geoffrey E.
Gledhill and Coleman, Gledhill, Hargrave & Peek, assumes his or
her duties, attending all meetings and hearings of the Board of
County Commissioners except those scheduled work sessions
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related to County capital projects/capital investment plan and
the County budget adoption process.
b. Until a County attorney, replacing Geoffrey E.
Gledhill and Coleman, Gledhill, Hargrave & Peek, assumes his or
her duties, attending County administrative staff meetings
regularly scheduled to review the agenda in preparation for
Board of Commissioner meetings.
c. Until a County attorney, replacing Geoffrey E.
Gledhill and Coleman, Gledhill, Hargrave & Peek, assumes his or
her duties, attending Board of Adjustment meetings and any other
Board meetings when requested to do so by the Board of
Commissioners.
d_ Other legal services as requested from time to
time by COUNTY departments and agencies.
2. ATTORNEYS shall provide~COUNTY with all legal services
at an hourly rate of $175.00. The fee for hourly services shall .
be payable to ATTORNEYS and the hours of service accounted for
by ATTORNEYS as follows:
a. The amount equal to the hours billed at the rate
of $175 per hour so long as ATTORNEYS provide legal services to
COUNTY or until this agreement is modified by the parties.
b. ATTORNEYS shall itemize the work done by them
and the time devoted by them on a monthly statement and invoice.
The first statement and invoice shall include billable hours
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I~
from December 1, 2008 through December 31, 2008. Monthly
statements thereafter shall include billable hours from the 1St
of the month through the last day of the following month.
4. All expenses and costs incurred as a result of
ATTORNEYS' representation.of COUNTY shall be paid by COUNTY. Any
expenses and costs advanced by ATTORNEYS on behalf of COUNTY
shall be reimbursed by COUNTY.. Costs and expenses include the
cost of attending conferences of the North Carolina Association
of County Attorneys sponsored by the North Carolina Association
of County Commissioners, which conferences include work programs
in areas of legal significance to North Carolina counties
(typically held semiannually) and any other relevant
conferences, workshops or continuing legal education programs
related to legal and policy issues affecting North Carolina
counties as determined by ATTORNEYS or as requested by COUNTY..
5. The ATTORNEYS shall not be responsible for litigation
of COUNTY. Further, from time to time representation of COUNTY
may require the services of an attorney other than ATTORNEYS or
may result in a conflict of interest for ATTORNEYS. It is agreed
that when any such event arises, ATTORNEYS may refer cases
requiring legal services to other lawyers, preferably those
living in and with offices located in Orange County. Such
referrals shall be with the consent and approval of the County
Manager. All cases of referral for which the attorney to which
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the case is referred shall be compensated, with respect to real
estate title work, at prevailing rates and, with respect to all
other matters at an hourly rate not exceeding $175. Employment
of an attorney at an hourly rate exceeding $175 shall be with
the consent and approval of the Board of Commissioners of
COUNTY. The attorney to which the case is referred shall keep an
itemized record of work performed for COUNTY, submitting a bill
to COUNTY therefor showing services performed.
6_ Zt is expressly understood and agreed that ATTORNEYS
will not provide and have not in the past provided advice and
counsel to the Orange County Sheriff's Department in its
investigation and prosecution of criminal actions. The Sheriff's
Department is entitled to and is provided advice and counsel
concerning such matters from the district attorney of the
judicial district wherein Orange County lies as provided in
North Carolina General Statute ~ 7A-61.
IN WITNESS WHEREOF, COUNTY and ATTORNEYS have hereunto
signed this agreement in duplicate originals, one of which is
retained by each party hereto and either of which is sufficient
as the original.
This the day of 2008.
ORANGE COUNTY, NORTH CAROLINA
By:
Barry Jacobs, Chair
Orange County Board of
Commissioners
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is
ATTEST:
Donna S. Baker
Clerk to the Board of Commissioners (SEAL)
of Orange County
COLEMAN, GLEDHrLL, HARGRAVE & PEEK, P.C.
By:
Geoffrey E. Gledhill
This instrument has been preaudited in the manner required
by the Local Government Budget and Fiscal Control Act.
Gary Humphreys
Orange County Finance Officer
lsg:orangecounty\2408 contract betxeen.OC and CGHP.doc
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