Fort Walton Beach Council agenda — 10-26-11 special attorney — reading text

authorized agents. pertinent information is sufficient cause for dismissal from the City's employment if hired. This Authorization will serve as a release of any and all aN I understand that an offer of employment is not an information and for this purpose a photo copy shall be considered an original and valid. employment contract and that either the City or I may terminate the employment relationship at any time I have read and fully understand the contents of this Signature: Applicant' s Signature: p' k V/ Dvo Date: lriz,_11 _ Z, 9v// If eligible, which Veteran' s Preference category are you claiming? Please indicate number from Veteran' s Preference Category form) - FOR OFFICE USE ONLY —APPLICANT PLEASE DO NOT WRITE IN SECTIONS BELOW Human Resorrrces Department Hiring Department Date Application Entered: Oq" 29" t Date Application Interviewed: Applicant' s Status ( please check appropriate box) Log Book Postcard Receipt S Applicant selected Entered b y( ( initials): ) CI- d'-./ N Did not show for interview 1 Insufficient applicable experience Forward to: Mr. A/ IeO rn5 Q Does not meet minimum qualifications El Better matched candidate was chosen Department: G y. 1 Q naQ , R lob was offered but rejected B Not best qualified Date Returned: Comments: Filed By: Interviewer' s Initials:  F-3. SUZANNE BROWNLESS, P. A, 433 Magnolia Drive Tallahassee, Florida 32308 Telephone: ( 850) 877 -5200 Facsimile: ( 850) 224 -7662 September 28, 2011 VIA FEDERAL EXPRESS Sylvia Hanks, Administrative Services Director City of Fort Walton Beach m 1. 07 Miracle Strip Parkway SW c Fort Welton Beach, Florida 32548 0 RE: City Attorney m cC R Dear Ms. Hanks: y Attached please find the City of Fort Walton Beach Employment Application and my resume in m response to the City' s advertisement for apart-time City Attorney. As my resume states, 1 graduated from Florida State College of Law with honors in 1980 and worked as a staff and supervising attomey m U with the Office of the Public Counsel and the Florida Public Service Commission, as a private attorney with the Oertel, Hoffman law firm and formed my own law firm in 1993. 1 have extensive litigation y experience at both state and federal levels in the public utility and regulatory fields as well as extensive n civil litigation experience in Florida circuit and appellate courts. In November of 1995 J. Jerome Miller, Fort Walton Beach' s former City Attorney, asked me to assist the City in reviewing the franchise fee and municipal public service tax payments compliance audits of the City' s utility franchises with Gulf Power Company, Centel- Florida/ Sprint United Telephone Company and Emerald Coast Cable Company. During 19961 negotiated the City' s utility franchise agreements with Gulf Power Company and the Okaloosa Gas District. As a result of this work, I formed a law firm with Mr. Miller in January, 1997 which continued until October of 1997. During this period I was involved in all aspects of providing representation for the City doing legal research, preparing legal opinions, drafting resolutions and ordinances and attending Code Enforcement Board, Board of Adjustment, Municipal Planning Board, City Council meetings and other City meetings as required. In November of 19971 secured an individual contract with the City to provide legal services to the City as directed by the City Manager. f have been under contract to the City continuously for the last 13 V/ years during which time I have Negotiated franchise agreements and franchise agreement renewals with Emerald Coast Cable and its successors, Cox Communications and Cox Communications Gulf Coast, L.L.C., Okaloosa Gas District, Gulf Power Company and numerous long distance and local exchange company providers; Represented the City in a citizen protest of the renewal of the City' s sewer treatment plant permit before the Department of Administrative Hearings which was successfully resolved by the entry of a settlement agreement. Negotiated a successful resolution with the Department of Revenue regarding overpayments made to the City pursuant to the Communications Services Tax. Sylvia Hanks, Administrative Services Director September 28, 2011 Page 2 Drafted ordinances, resolutions and notices implementing the Communications Services Tax Simplification Law of 2000; Negotiated with Metric Systems Corporation and other businesses regarding use of the City' s rights -of w - ay for construction of fiber optic communications systems. Provided analyses of the impact on the City of proposed and enacted legislation regarding utility and municipal governance and taxation statutes. During this same period of time J have also represented the City of Destin preparing and negotiating a ground lease with Destin Water Users for the Destin Sports Complex, negotiating with the Department ofJustice to resolve an American with Disabilities Act. (ADA) claim involving construction ofCity Hall, and preparing the City' s solid waste Request for Proposals and representing the City through the uncontested award of the franchise to Waste Management, Inc. I also represented St. Johns County, Metropolitan Dade County and the Cities of Groveland, Parker, DeLand, Fernandina Beach, Lynn Haven and Winter Garden in utility, regulatory and governmental issues. Work for these municipalities and local governments involved reviewing applicable state and federal statutes, drafting ordinances and notices, reviewing deeds and easements, and conducting workshops and evidentiary hearings in order to satisfy statutory and constitutional requirements. My professional .references are: John B. Lynch, City Manager Lynn Haven City Hall 825 Ohio Avenue Lynn Haven, Florida 32444 -2351 Telephone: ( 850) 265 -2121 Facsimile: ( 850) 265 -8931 2. Bruce A. Lemback, City Attorney 1820 Miccosukee Commons Drive Tallahassee, Florida 32308 -5432 Telephone: ( 850) 942 -9700 Facsimilie: ( 850) 942 -2228 John O. Williams, Esq. Williams & Holtz, PA 211 East Virginia Street Tallahassee, Florida 32301 - 1263 Telephone: ( 850) 224 -4510 Facsimilie: ( 850) 224 -3722  3. Sylvia Hanks, Administrative Services Director September 28, 2011 Page 3 I have worked closely and successfully with the City of Fort Walton Beach staff for many years. Working with the City as an in -house attorney would al low me to continue and expand this productive relationship and I look forward to doing so. Very truly yours, QQ / Stt T07'''"' J r'' t Suz ne rownless c7326  F- 3. SUZANNE BROWNLESS Education B. S. Biology, 1971, Stetson University; J. D. with honors, 1980, Florida State University College of Law Legal Experience From 1980 - 1986 As an Assistant Public Counsel in the Officeofthe Public Counsel, the State of Florida's consumer advocate in utility matters, 1 litigated all water, sewer, electric and gas rate cases as well as all other types of Florida Public Service Commission dockets involving the gas, electric and water and sewer indus tries. During this time period I litigated approximately 100 cases and argued five First District Court and numerous Florida Supreme Court appeals. From 1986 -1990 As a Staff Attorney and then Bureau Chief in the Electric and Gas Legal Section of the Florida Public Service Commission I personally litigated all cogeneration pricing, cogeneration contract, power plant siting, and electric and gas rate case dockets filed at the FPSC during this period. I was also heavily involved in the development of the FPSC' s first cogeneration rules. From 1990 -1993 Practiced with the Tallahassee law firm Centel, Hoffman, Fernandez & Cole in the areas of administrative and regulatory