Council approves new terms for legal services
Gray Robinson Attorney Derek Rooney will remain as legal counsel for the Town of Fort Myers Beach now that Beach Council members have approved new terms that were presented to them Monday evening.
At an April 6 Council meeting, Rooney made a verbal commitment to “honor favorable terms” offered by Gray Robinson on a revised legal services agreement that includes a $7,500 monthly retainer and an hourly rate ($215 per hour for partners, $150 for associates, $125 for qualified paralegal) for requested services outside the retainer.
According to a revised engagement letter, retainer services include preparation, travel, attendance at up to five meetings per month, office hours held on meeting days, review of legal materials and phone calls with Council members, Town manager and Town staff involving Town related business. Council is still considering an in-house attorney for legal services.
“Derek has offered a better rate then our current contract. No matter whatever direction we decide to go forward, I think we should accept that offer,” said Councilwoman Rexann Hosafros.
During a workshop Monday morning, Council members discussed attorney services costs and lobbyist costs. The need to retain an attorney whose strong suit is land use (like Rooney) was seen as vitally important.
“I told Derek that we need someone’s strength in land use,” said Mayor Anita Cereceda at the work session. “I really want someone who is dedicated.”
Discussion centered on possibly hiring an in-house attorney for roughly 24-30 hours a week. The position at Town Hall would allow any staff member or Council member to have direct conversations for legal services instead of trying to reach an attorney who may be handling another municipality’s business at the time of a phone call.
Council plans to move ahead with advertising for that in-house option but does not plan to close doors on its current situation. Town officials also plan to contact neighboring municipalities to seek a shared agreement for lobbying efforts.
Since September 2014, Rooney has worked under an as-demanded retainer. Shortly before that, he had switched law firms, going from Town legal representative under Fowler White Boggs to Gray Robinson.
At that time, Council members believed continuity was a key component to get Town officials into the new year.
“I think one of the major issues for this town over the years has been the number of town managers and town attorneys,” Councilman Alan Mandel said at the time. “Every time we make a change, we really lose history and knowledge. Continuity does have a benefit.”
Rooney had offered Council three options -including one that focused on strictly an hourly rate and another that adopted all the scope and services that the Fowler White Boggs contract contained- and continued work under the third option, which was a mixed retainer policy that included a slightly lower hourly rate for outside services than the previous firm.
“I would like to continue working with the Town, I am happy working with the Town, and I will keep working in whatever capacity you like to use,” he said prior to Council’s decision.
Other than the short break, Rooney has been the lead Town legal representative since near the beginning of 2014.