The County Attorney's Office Description & Salaries for the County ATTY's Office

The salaries are not necessarily out of line when you consider what am outside firm would get a year being paid by the task. The big question needs to be the productivity of this office and how much we still have to spend on out side legal council. My guess is that this is not the most efficient staff in Co. Gov and some cage rattling may not hurt. This group is a big supporter of beaurocracy.

True the salary for the County Attorney may be in line, considering he has given 20+ years of service to the BCC, (following in his father's footsteps, the previous County Attorney)..but what about the severance clause? Is that in line with anyone's severance package? For your review and enlightenment, I provide the following:

Based on Scruby’s Employment Agreement for County Attorney, if he is terminated without cause, he is entitled to: 1)  a severance payment equal to one year or three hundred and sixty five (365) calendar days of the then-annual base salary; 2) a lump sum payment at his then-hourly rate of base salary as the County Attorney for all annual leave hours accumulated by him but unused as of the date of termination, not to exceed the maximum accrual provided in the County’s Personnel Policies Manual applicable to all other non-union employees of the Board; 3) a lump sum payment at his then-hourly rate of base salary as the County Attorney for all sick leave hours accumulated by him but unused as of the date of termination, subject to the limitations and maximum accrual provided in County’s Personnel Policies Manual applicable to all other non-union employees of the Board; and 4) continuation of the County Attorney’s health insurance under Section 2.B at County expense for a period of one year or three hundred and sixty five (365) calendar days following the date of termination.

Liberty works...that's why people aren't rafting to Cuba!

It really isn't far out of line if at all. The vacation payment is by law. The sick pay may be by law in Florida but I'm not sure. Regardless, many companies and government entities do that.

As for the one year of salary, it might seem a little high to you but not to me. That is pretty standard for a position like his. I might cut the health care to 6 months but even one year is not really out of line with today's standards.

With all that it might still be worth getting a new county attorney. We could have used the money we're spending on roads now that the impact fees are gone to do so and still have had quite a bit left over.

As Ex-officio correctly pointed out, in addition to the salaries listed, the current County Attorney regularly sub-contracts much of the workload in the County Attorney’s office. For example, according to a memo dated December 14, 2009, from Mark Scruby to the Budget/Finance Committee, “for a number of years now” the county has contracted with an outside law firm to provide consultations on labor and employment law matters. (See the Agenda for the Budget/Finance Committee link below)

Considering the scope of the work expected of a county attorney, it is foreseeable that labor and employment law issues will arise on a regular and/or recurring basis. WHY, should Clay County continue to employ attorneys that seemingly cannot handle simple legal matters such as labor and employment law?

Considering, the Clay County Taxpayers spend over a million dollars every three years for the salary, (plus benefits) for three attorneys; a reasonable person could conclude that at least one county attorney should be able to handle labor and employment law matters that arise in Clay County government.

 Approval of Fee Agreement with Constangy, Brooks & Smith, LLP, with a fee cap of $15,000.00, for labor and employment law consulting services.
Funding Source: 001-0301-531200
(M. Scruby)

Liberty works...that's why people aren't rafting to Cuba!

For the price we pay in salaries etc I can't see why we should have to sub out that kind of work. For as long as he has been on the job one would think that he could handle such work in house.

But then, maybe that's why he is where he is. Perhaps he's making a lot more where he is than he could ever hope to make elsewhere due to a lack of skills.

Most government agencies employ outside legal counsel for Labor and Employment Law.  That's common practice as it requires extensive knowledge/skills to deal with labor unions and other employment issues that arise. 

If you have read the Clay Conty Home Rule Charter, you know that his duties are specified in Article II, Sec 2.3(C)(3).   I doubt the BCC is unhappy with the services he performs for them under the charter.

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This is one of the biggest vices in government. We have so many things in Clay Co. that are accepted as right and legal just because somebody nelse has done it. I can't believe how easily this has become acceptable. The Co Att'ys office has become the core of beaurocracy and while it is well staffed with good pwople they are not the most efficient group in town. There is nothing wrong about them handling labor issues except they don't want to live  with the controversy or results of their work.

When he was county Atty he was on contract for services on a part time basis. With the stste mandates coming done at that time ie: the growth management plans it became a full time job for most counties. Of all applicants for the job Mark was the only one with Gov. law experience and knowledgeable about zoning law who would work for what the job paid at that time. If my memory is correct it was 65K a year .( MY MEMORY HAS BEEN INCORRECT OCCAISIONALLY IN RECENT YEARS )

Attorneys are just like other professions such as physicians - they specialize.   You would not go to just any physician if you needed surgery, etc.    You'd go to a surgeon.  So it is with attorneys.

Mark was well qualified for county attorney position - his father, Frank, made sure of that as he had trained him over a period of time.    There has been no one else better qualified than the Scruby's for county attorney.    Frank Scruby was the best of the best!

If you've ever dealt with unions, collective barganing process, holding contract negotiations in shade, etc, you'd understand the importance of having a competent labor attorney.   Just one little misake could be disastrous.

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alabyea, I agree with you that the duties of the County Attorney are found in Article II, Sec. 2.3; C (3).

As a Charter Review Commissioner (Dist. 4), I took it as my duty and responsibility to read the Charter. In fact, I followed the suggestion of a MCS regular and former two-term CRC Member, to read and re-read the Charter many times in order to better understand the document.

That said, I feel in the context of my assertion that the County Attorney department should be able to provide legal services, including labor and employment law, to the BCC that the word SHALL has significant meaning. 

I also agree, I would not let a family practice physician operate on me. However, this is not a discussion about the “county doctor”.

I have significant education and training from an American Bar Approved Paralegal Program, so I agree with you, specialization in legal matters is a good and common practice.

However, considering the scope of foreseeable legal matters for the County, which, includes, labor & employment law, it seems reasonable and fiscally responsible for the County Attorney’s office to have an in-house labor & employment specialist. 

Section 2.3; C (2) of the Charter, gives the County Attorney the authority to appoint Assistant County Attorneys. IMHO, it would be prudent for Mr. Scruby to consider appointing a qualified labor & employment attorney to work in the County Attorney’s office, on a full or part-time basis, rather than continuing to spend over $160.00/hour on outside labor & employment legal consultations "for many years now".

From the Charter: Article II; ORGANIZATION OF COUNTY GOVERNMENT

Section 2.3: Executive Branch.

C. County Attorney.

(1) The County Attorney shall be appointed and may be terminated with or without cause by a majority of the membership of the Board of County Commissioners. The County Attorney shall be a member in good standing of the Florida Bar. The County Attorney shall reside within the County during the term of appointment.

(2) Assistant County Attorneys shall be appointed by and be responsible to the County Attorney. The County Attorney shall have the sole authority to suspend or terminate any Assistant County Attorney with or without cause.

(3) The County Attorney SHALL provide legal services to the Board of County Commissioners, County departments, County boards and agencies as specified by County ordinance. 

From the Employment Agreement for County Attorney: 

1.  DUTIES:

A. SCRUBY shall be the County Attorney as provided under the Charter and the County Administrative Code (hereinafter the “Code”), by which title he shall be referred to hereinafter. The County Attorney will perform the duties and exercise the powers as are provided in the Charter and the Code, as the same may be amended from time to time

Liberty works...that's why people aren't rafting to Cuba!

HCGH, if you are on the CRC, it is within your power to suggest changes to the county attorney duties as now spcified in the Clay County Home Rule Charter.   However, I must point out a charter is always written in very broad terms.  

It would not be exercising good business judgment to expect the county attorney to be an expert in Labor and Employment Law.   If one was on the staff, do you think there would be enough of that specialized area of law to keep one busy on a full time basis?   I doubt it.   That's why its the way it is.

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