Oct 14, 2015 4 min read

Legal services regarding all facets of the legal relationship between employers, employees, and employee labor unions within the Fort Myers Beach Fire Control District have changed.

Attorney Andrew Salzman of Unice Salzman Jensen, PA was chosen to become the next labor lawyer of Beach Fire by the FMB Board of Fire Commissioners last week after four candidates were afforded the opportunity to pitch their services. David Miller from Bryant, Miller, & Olive P.A., Nikhil Joshi from Hultman, Sensenig & Joshi and Terry Lewis and Glenn Thomas from Lewis, Longman & Walker P.A. were the other three.

According to Beach Fire Financial Director Jane Thompson, previous Labor Attorney John Hament from Kunkel, Miller & Hament was informed Oct. 7 that Beach Fire officials were terminating his services.

During his interview, Salzman stated he has been practicing law for 29 years and represents three independent fire districts as well as being the city attorney for Gulfport, Fla. Thompson stated a standard engagement letter as a foundation to the proposed agreement for services with his firm has been requested, and an official agreement is expected in the near future.

“The aspects involving fire districts is something that I do all day long,” Salzman said. “I am intimately involved in collective bargaining, arbitrations, grievances, drafting of policy and procedures and litigating those issues. My firm also handles insurance defense.

“The key thing is you have to trust my opinions, you have to trust me. We need to be very open as to whatever we are doing from a financial standpoint to what job you expect because my opinion protects you in certain aspects.”

Beach Fire felt the need to select a different labor attorney due to “some of the bills being run up,” says Commission Chairperson Carol Morris. Hament’s firm was engaged in late 2005, specifically for labor matters, and his hourly billing rate since October of 2013 has been a blended rate of $225 per hour, says Thompson. Salzman’s hourly rate is $170 for his service and $100 for paralegals.

“When you tell me you have expertise in an area, and then I get a bill for almost 50 hours of research, I have to wonder about your expertise,” Morris said. “I think its important to have a conversation before you run up a bill.”

One selling point that enabled the Fire Board to choose Salzman was the fact that he would be the direct pointperson. Brian Durham will be the secondary representative who will act as Salzman’s backup in case of absence, according to Salman’s request for proposal letter.

“You would be dealing directly with me,” he said. “I try to be very responsive and answer any question you may have, even if it is on the weekend. I would rather answer something quickly for you and take care of those issues without them becoming a big issue.”

Salzman stated his firm prides itself in trying to avoid litigation.

“I lot of time we can sit down and really resolve these issues or at least bring them forward to you so you understand the ramifications of what you are looking at,” he said.

Salzman was the only one of the four candidates that gave the option of working off a retainer, although most of his clients pay him hourly.

Salzman offered a reduced rate (possibly 50 percent, he stated) for travel time, although most communication between the District and the labor attorney will be via email or phone.

“I doubt there is an issue I haven’t seen,” he said.

As attorney for East Lake Fire & Rescue in Pinellas County, Salzman stated his bills have ranged from under $1,000 to as much as $4,000 per month, depending on particulars. He said he provides detailed bills to show all expenses.

FMB Interim Chief Tom May, who performed top administrative duties during a transitional basis at East Lake Fire, recommended Salzman.

“I think the board will find him very receptive and very responsive to any questions that you have,” said May. “You’ll see he has a common sense approach to taking matters into consideration, weighs both sides and gives you the worst case scenario and the best case scenario. He is very in-tuned with district funding. I think you’ll find him a very user friendly attorney from a personal experience.”

Another of Salzman’s selling points was that he is qualified to be the District’s general contract lawyer in case Beach Fire wants to change that mode of legal services in the future, something they have hinted on at previous meetings.