Personnel of the County Attorney's Office

 

Since 1996, the County's workforce has increased by approximately 18.39%. However, the size of the County Attorney's Office has increased by only one position (7%). The workers compensation paralegal was added in 1999 when workers compensation representation was assumed by the County Attorney's Office.

The legal staff of six attorneys has not changed since 1996. This compares favorably to other counties in the State with comparable populations (Alachua, Charlotte, Collier, Lee, Leon, Manate, Marion, Pasco, Sarasota and Seminole Counties). In addition, the size of the County Attorney's Office relative to the (unincorporated) population is a larger per capita population than that of such comparable counties.

JANET LANDER is the County Attorney. She received her J.D. from Nova University in 1980 and earned a B.S. (with honors) from Nova University in 1977. She served as Deputy County Attorney for Escambia County from 1994 to 2002. She has been Board Certified in City, County and Local Government Law since 1998. She is experienced in all aspects of local government law. She has practiced local government law since 1981, beginning as an Assistant General Counsel in Broward County, Florida for six years. She also represented various municipalities while employed by the law firm of Ruf & Carsky in Fort Lauderdale, Florida. Since moving to the panhandle, she has served as chairperson of the City of Crestview Planning and Zoning Board, as well as the Fort Walton Beach Urbanized Area Metropolitan Planning Organization Citizens Advisory Committee. She chaired the Economic Development Committee for the City of Crestview and served as a guardian ad litem volunteer. She was a registered nurse before pursuing a career in law. Ms. Lander was admitted to the Florida Bar in 1980. She is also admitted to the Bar of the Southern District of Florida and the Eleventh Circuit Court of Appeals.

CHARLES V. PEPPLER is Chief Litigation Attorney for Escambia County Attorney's Office. He graduated from the University of Miami in 1974 receiving an A.B. He attended the Cumberland School of Law of Samford University in Birmingham, Alabama and earned his juris doctorate degree in 1977. He was admitted to the Florida Bar that year. Mr. Peppler is board certified in civil trial law by the Florida Bar Board of Legal Specialization and Education from 1997 to present. He was also board certified in criminal trial law by the Florida Bar Board of Legal Specialization and Education from 1991 to 2001. He has major litigation experience in the areas of employment discrimination, personal injury, construction defects and governmental law. He has been a presenter at legal seminars on employment related topics and has authored a law review article on liability for civil rights violations under 42 U.S.C. § 1983. He has been very involved in legal and civic activities since moving to Pensacola in 1987. He has served on the board of directors and as treasurer for the Escambia-Santa Rosa Bar Association and as chairman of the CLE and Judicial Campaign Practice Committees. He won the President's award from the local bar for instituting "Law School for the Layman" in 1990. He is the President of the Friends of the Pensacola Library and has been on the board of directors for the past six years. In addition, he is a member of the board of directors of the Pensacola YMCA and has served as treasurer and sergeant-at-arms for the Rotary Club of Pensacola Suburban West. Currently, he is Vice-President of the Board of Trustees of the Northwest Florida Legal Services, Inc., an organization dedicated to providing free legal representation to those who qualify by income.

ALISON PERDUE is the Deputy County Attorney. She joined the Escambia County Attorney’s Office in March 1999. She handles land use, growth management and local government law issues. She is Board Certified in City, County and Local Government Law. Prior to joining the Escambia County Attorney’s Office, Ms. Perdue was an Assistant Public Defender for the First Judicial Circuit for over four years. As an Assistant Public Defender, she handled a caseload that included a full-time felony caseload with jury trials and bench trials. Ms. Perdue received her Bachelor of Arts in Political Science in 1991 from the University of Florida and was initiated as a member of Phi Beta Kappa. In 1994, she received her Juris Doctorate from the University of Florida College of Law. During her legal studies, Ms. Perdue served on the Senior Editorial Board for the Law Review and attended the International Law Program at Leiden University College of Law in the Netherlands. Ms. Perdue was admitted to the Florida Bar in 1994. She is also admitted to the Bar of the Northern District of Florida and the Eleventh Circuit. Ms. Perdue is an active member of the Downtown Rotary Club, the Pensacola Opera Board, the Escambia-Santa Rosa Bar Association, the Law Week Committee, and Inns of Court. Ms. Perdue has served as a student mentor with the Escambia County School District. She is a graduate of Leadership Pensacola and donates blood to the Northwest Florida Blood Center.

MICHAEL C. GODWIN earned his J.D. from Mississippi College School of Law in 1985, he earned a BA in journalism at the University of Georgia in 1970, and a masters degree in public administration from Troy State University in 1975. He is certified by the Florida Bar in City, County, and Local Government Law and has been engaged for the past 15 years in the practice of governmental law in Florida. He is presently beginning his sixth year as an Assistant County Attorney, preparing ordinances and regulations, developing contracts and agreements, providing legal assistance to local officials, County boards, and litigating matters in court before administrative agencies. Before that, he was a State Assistant Attorney General for four years serving as counsel for the Department of Legal Affairs' lemon law arbitration boards. He has worked as an attorney analyst for Florida's Senate Governmental Operations Committee where he evaluated technical and legal data and drafted bills relating to the Administrative Procedure Act and State purchasing laws. As an attorney for the Florida Department of Insurance for five years, he handled a full range of legal work in the Insurance Company Regulation Section ensuring that regulations are carried out and taking actions against insurers for Insurance Code violations. He is also a Major in the Civil Air Patrol, the United States Air Force Auxiliary, where he serves as the State legal officer for the CAP's Florida Wing. In 2001, he graduated from the Civil Air Patrol National Legal Officers College (USAF AUX) held at McGhee-Tyson Air National Guard Base, Tennessee.

STEPHEN G. WEST received a J. D. with high honors from the University of Florida College of Law in 1997. He also earned a B. A. in Zoology from Drew University in 1985 and a M. S. in Management from the United States Naval Post Graduate School in 1991. Prior to attending law school, he served on active duty in the United States Navy for nine years, and he holds a commission as a Commander in the Navy Reserves. Prior to joining the Office of the County Attorney, Mr. West practiced law in the private sector, focusing on local government, real property, business, and employment law. He was admitted to the Florida Bar in 1998 and is also admitted to the practice before the federal courts in the Northern District of Florida and the Eleventh Circuit.

 

RYAN E. ROSS is an Assistant County Attorney. He joined the Escambia County Attorney’s Office in October 2003. He handles employment issues, civil litigation, and workers compensation cases. Mr. Ross received his J.D. from the Frederic G. Levin College of Law at the University of Florida in 1999. During his legal studies, he served on the staff of the University of Florida Journal of Law and Public Policy and was a competing member of the Justice Campbell Thornal Moot Court Team. He also received a B.A. with Honors in English and a B.A. with Honors in Political Science from the University of Florida in 1996, where he was elected as a member of both the Phi Beta Kappa and Phi Kappa Phi National Honor Societies. Prior to joining the Escambia County Attorney’s Office, Mr. Ross served four years as an Assistant State Attorney for the First Judicial Circuit, prosecuting felonies and misdemeanors and serving as lead counsel in bench and jury trials. Mr. Ross was admitted to the Florida Bar in 1999. He has participated in the Pensacola Chapter of the American Inns of Court.

I. Mission Statement

To provide quality legal services to the Board of County Commissioners and to County Administration in a timely, professional and cost effective manner.

II. Profile

The Office of the County Attorney represents the Board of County Commissioners and its Administrator in all civil legal matters arising in the discharge of their official duties.

The County Attorney is responsible for the prosecution and the defense of all lawsuits brought by or against the County, the representation of the County at administrative hearings, the drafting or review of ordinances and resolutions, approval of all contracts, bonds or written instruments as to form and legal sufficiency and the rendering of legal opinions upon request to the Board of County Commissioners, constitutional officers and the County Administrator.

In addition, the Deputy County Attorney and the Assistant County Attorneys, upon request, provide legal support for County Boards and Advisory Committees.

With its staff of highly trained and experienced attorneys, and skilled support staff, the Office of the County Attorney is committed to carry out its mission. All systems and policies of the County Attorney's Office will be developed to support this commitment.

III. Areas of Law

A. Administrative Law
The Office of the County Attorney represents Escambia County, its officials and employees, at all levels and in all issues that are subject to the Florida Administrative Procedure Act, Chapter 120, Florida Statutes. This representation involves all aspects of administrative law, including the investigations, administrative hearings and appeals. (Janet Lander, Michael Godwin, Alison Perdue)

B. Appellate Law

The Office of the County Attorney represents the County in all appellate proceedings brought in an administrative forum in state or in federal courts. (Charles Peppler, Alison Perdue, Stephen West, Ryan Ross)

C. Bond Estreatures

The Office of the County Attorney represents the interests of the County in court when bail bond agents and sureties attempt to recover bonds forfeited when criminal defendants fail to appear for a court proceeding. If the bail bond agents and sureties do not comply with the requirements of state law, the Office of the County Attorney opposes recovery of the bonds. Any money retained pursuant to court order is then deposited in the County's Forfeiture Fund. (Charles Peppler)

D. Civil Rights

The Office of the County Attorney defends civil actions brought against the County, or its officers and employees, involving violations of an individuals constitutional rights and certain federal statutory rights, such as, claims under the 4th, 8th, and 14th amendments, claims under ADEA, ADA, FMLA, Title VII, Florida Civil Rights Act of 1992 and EEOC and FCHR administrative complaints. (Charles Peppler, Ryan Ross)

E. Code Enforcement

The Office of the County Attorney prosecutes select Notices of Violation brought before the Special Master as established by Chapter 162, Florida Statutes, and Chapter 30, Article II, Section 30-31 through 30-38 of The Escambia County Code of Ordinances. Notices of Violation are issued for violations of the County Code provisions governing health, environment, noise, nuisances, land use and zoning regulations. (Stephen West)

The Office of the County Attorney is also responsible for filing of nuisance abatement liens to recover the County's costs in clean-up of violations. (Michael Godwin)

F. Contract and Construction Law

The Office of the County Attorney reviews all contracts to which the County is a party, including contracts for professional services subject to the CCNA, construction projects, special events, leases, use permits, grants and public works. The contract review process entails an initial review of the contracts for form and correctness and, if necessary, modification before execution. With respect to contracts for professional services subject to CCNA, the office represents the County in all phases of solicitation, ranking, selection, negotiation and dispute resolution. As to construction contracts, the office represents the County in all phases of construction including dispute resolution. All contracts wherein the County is a purchaser are reviewed for consistency with state and county procurement law. The office reviews all contracts and instruments on behalf of Neighborhood Enterprise Foundation, Inc. (Michael Godwin, Charles Peppler)

G. Election Law

The Office of the County Attorney, upon request, represents the Supervisor of Elections in all legal matters, including contract review, statutory interpretation and litigation. The office also monitors all canvassing board activities. (Alison Perdue)

H. Eminent Domain

Upon a determination of public necessity by the board, the Office of the County Attorney institutes condemnation proceedings under the Florida Eminent Domain Law. Condemnation proceedings arise when negotiations to purchase property to be used for roads and other public facilities have been unsuccessful. (Charles Peppler, Stephen West)

I. Franchise

Escambia County grants franchises to private entities which provide water, solid waste and cable television services to the citizens of Escambia County. The Office of the County Attorney assists staff in the preparation of ordinances and contracts relating to the granting and operating of such franchises and renders legal opinions on matters relating to these franchises. (Stephen West)

J. General Government Practice

The Office of the County Attorney advises the Board and County departments in local government matters such as the Florida Code of Ethics for Public Officials, dual office holding restrictions, government in the sunshine laws, financial disclosure laws and other statutes or regulations pertaining to local government officials.    The Office of the County Attorney also serves as counsel to the Value Adjustment Board.   (Janet Lander, Alison Perdue, Michael Godwin)

K. Oversight of Conflict Court Appointed Attorneys

The County Attorney's Office is responsible for overseeing the conflict court appointed attorneys when the Office of Public Defender must withdraw due to a conflict. Other duties imposed on the County to provide legal representation for indigents requires the County Attorney to work with the courts to monitor litigation costs where the Public Defender has a conflict of interest and with juvenile courts to assure vigorous and cost efficient representation when the law so requires.
(Alison Perdue)

L. Intergovernmental Agreements

Escambia County has interlocal agreements with the City of Pensacola, the Town of Century and other governmental entities such as ECUA and the School Board. These agreements address a wide range of issues.
The Office of the County Attorney routinely reviews or prepares new interlocal agreements and amendments to existing agreements and provides assistance as requested by administration. (Michael Godwin)

M. Labor/Employment Law

The Office of the County Attorney represents Escambia County in employment matters before the Civil Service Board and provides advice to Administration regarding employee grievances, personnel policies, internal disciplinary actions and due process hearings. Additionally, the County Attorney's Office works in conjunction with the County Administrator to emphasize preventative law. The County Attorney represents the County in all employment related litigation unless there is a conflict of interest. (Charles Peppler, Ryan Ross)

N. Land Use and Planning

The Office of the County Attorney advises and represents the County in all land use, planning, zoning and land development regulation matters including: County initiated rezonings; administrative appeals before the Board of Adjustments (upon request), special exceptions and variances (where the County is the applicant); the development, amendment and implementation of the Comprehensive Plan and land development regulations. The Office of the County Attorney serves as counsel to the Board of Adjustment, the Planning Board and the Board of County Commissioners during public hearings on land use matters. The office represents the County in proceedings before state agencies on these issues. The office provides legal counsel to the Department of Growth Management Development Services, and Neighborhood and Environmental Services for matters involving the County's Comprehensive Plan and Land Development Code. (Alison Perdue, Stephen West)

O. Real Property Law

The Office of the County Attorney routinely drafts and reviews legal documents relating to easements, dedications and conveyances and represents the County in all real property transactions as well as lawsuits arising from real property matters. (Stephen West)

P. Risk Management

The County Attorney provides legal support and counseling for all functions of the County's Risk Management, Workers' Compensation, Managed Care, Safety and Loss Control Program, including the acquisition and management of the County's insurance policies, bonds, negotiations, settlements, and subrogation of property and liability claims as requested. The Risk Manager serves as a part of the Board of County Commissioners' senior executive service management team, regularly participating in decision-making sessions and is accountable for the legal and financial efficacy of the assigned areas of the Risk Management and Safety Program. Work is performed independently with latitude of judgment within the boundaries of the law. (Charles Peppler)

Q. Torts and Contract Actions

The Office of the County Attorney defends civil actions brought against the County under state law for alleged intentional or negligent conduct that causes injury to a person or damages to property. These claims include allegations of negligent operation of a motor vehicle and negligent maintenance of improvements to public buildings, roads and other infrastructure.
The County Attorney's Office represents the County in suits authorized by the Board of County Commissioners to recover damages to public property as well as the recovery of damages or losses as a result of a breach of any contract by a vendor, supplier, contractor or other party. (Charles Peppler)

R. Workers' Compensation

The County Attorney's Office provides professional services in the processing, administration, litigation and settlement negotiation of workers' compensation cases for all employees of the Board of County Commissioners, all the Sheriff's Office employees and all employees of the Santa Rosa Island Authority. These services include advising the insurance carrier (or Third Party Administrator) and the Risk Manager of the applicable laws in adjusting claims and rendering legal opinions to effectuate the proper administration of workers' compensation claims.
This office also advises the Risk Management Office regarding reimbursement for workers' compensation benefits paid when an employee's injuries were caused by a third party and, when necessary, will institute and litigate such claims against the party at fault or pursue reimbursement for any workers' compensation lien assessed in favor of the County. (Ryan Ross)

GOALS & OBJECTIVES - AT RECOMMENDED FUNDING LEVEL

• Continue to upgrade its library in order to be able to provide accurate and timely legal advice to the Board of County Commissioners.
• Develop incentives to encourage professional development of in-house legal staff such as CLE and obtaining board certification in areas of practice relevant to their positions with the County.
• Develop a system for lien foreclosures of all unpaid nuisance abatement liens, code enforcement and special assessments.
• Develop in-house educational programs to help County staff avoid legal pitfalls before they happen.
• Develop a computerized filing system to reduce the need for cabinetry and storage space.
• Work to retain staff of proven worth and excellence through competitive benefit packages.