Section 2.10(B) of the Broward County Charter permits the County Attorney, upon request, to represent County Constitutional Officers. The recently appointed Supervisor of Elections for Broward County has requested that the County Attorney's Office provide general legal representation to the Office of the Supervisor of Elections (SOE). The County Attorney has agreed to serve as the primary legal counsel to the SOE on the terms set forth in the December 13, 2018, engagement letter, subject to approval and ratification by the Board.
The County Attorney's Office (CAO) represents the Board and the divisions, departments, and other agencies of the County. The CAO also represents the Canvassing Board of Broward County. The SOE has acknowledged these ongoing representations and that representation of Broward County is the CAO's primary and most compelling function.
The proposed scope of representation for the SOE excludes the following matters:
(i) Any disputes between Broward County and the SOE including, without limitation, relating to budget requests, approval of budgets, or any part of the annual or supplemental budget process;
(ii) Any matter that may be commenced by or on behalf of Broward County against the SOE including, without limitation, any challenge to the appointment of the SOE; and
(iii) Any matter as to which the interests of the SOE may be adverse to the interests of Broward County or the Broward County Canvassing Board.
The SOE has agreed that in the event a conflict arises or appears likely to develop, the CAO will follow the instructions of Broward County or the Canvassing Board, as applicable, and will discontinue representation of the SOE, and that the CAO's obligations to Broward County and the Canvassing Board take precedence over any duty to the SOE.
Approval of this item will constitute approval and ratification of the December 13, 2018, engagement letter attached as Exhibit 1, including approval of the joint representation on the terms set forth therein.
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