HomeMy WebLinkAbout2001 06 11 Consent B Consultants Competitive Negotiations Act
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COMMISSION AGENDA
ITEM B
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
06/11/01
Meeting
MGR. rjl--- fDEP~
Authorization
REQUEST: The Pension Board of Trustees requests that the City Commission
endorse the recommended rankings of Pension Attorney candidates, and authorize the
Board to begin contractual negotiations with the #1 ranked candidate pursuant to the
Consultants Competitive Negotiations Act.
PURPOSE: This agenda item outlines steps taken by the Pension Board of Trustees to
attract candidates to serve as Pension Attorney, and to render recommendations.
BACKGROUND: In March, 2001, a Request for Qualifications (RFQ-006-01lGD)
was issued by the General Services Department through DemandStar and other targeted
mailings to solicit qualification statements by pension attorneys and firms.
By the deadline of April 30, 2001, statements were received from two attorneys,
namely James Linn of Lewis, Longman and Walker, P.A., of Tallahassee, and Kelly
Bosecker of Kalish and Ward of Tampa. (Subsequent to her submission of qualifications,
Ms. Bosecker left Kalish and Ward to join another Tampa law firm that was recently
acquired by Grey, Harris and Robinson, P.A., of Orlando.)
On June 5, 2001, the Pension Board of Trustees met to interview both attorneys, and
to arrive at recommended rankings. Based on several considerations (see below), James
Linn was ranked first, and Kelly Bosecker was ranked second, and it was voted to
recommend those rankings to the City Commission, and to request authorization for staff
to begin contractual negotiations with Mr. Linn.
Consent Agenda Item "B"
City Commission Meeting
June 11,2001
CONSIDERATIONS:
In its interview with Kelly Bosecker, the Board considered her general experience with
pension issues, her involvement with cities of comparable size to Winter Springs, her
recent association with Grey, Harris, Robinson, and her available resources in addressing
matters important to our pension program. Ms. Bosecker was given a brief outline of the
city's pension program, its history and current status, and expected services of a Pension
Attorney. The Board went into some detail about her recent association with Grey,
Harris, Robinson, and her relationship - past, present, and future - with Rick Burke of
Grey, Harris, Robinson, who is currently our Pension Attorney of record. Ms.
Bosecker's base of operations will be in Tampa, but she will maintain an office in
Orlando and foresaw no difficulty with being available when the Board required her
presence and counsel.
In its interview with James Linn, the Board heard a detailed explanation of his
involvement with pension matters at the state level, particularly with legislation that has
impacted pension plans for cities throughout the state, and his lobbying efforts. Mr. Linn
asked several detailed questions about our pension program, its past and current status,
and the Board's expectation of services. He outlined his expected methodology in dealing
with the Board and its concerns, and he indicated he would be available to meet with the
Board when required.
RECOMMENDA TIONS:
The Pension Board of Trustees and staff recommend that the Commission endorse the
rankings of the candidates as follows:
James Linn of Lewis, Longman and Walker, P.A., of Tallahassee_#l
Kelly Bosecker of Grey, Harris, and Robinson, P.A., of Orlando #2
and authorize staff to begin negotiations on a contractual arrangement with Mr. Linn.
ATTACHMENTS:
Request for Qualifications (RFQ-006-01lGD)
Statement of Qualifications, James Linn, Lewis, Longman and Walker, P.A.
Statement of Qualifications, Kelly Bosecker, Grey, Harris, and Robinson, P.A.
COMMISSION ACTION:
LEGAL ADVERTISING
INVITATION TO RFQ-006-0l/GD
CITY OF WINTER SPRINGS
PENSION ATTORNEY SERVICES
RFQ CLOSING DATE - MONDAY, APRIL 30, 2001 5:00pm
Director of General Services
Winter Springs City Hall
1126 East State Road 434
Winter Springs, FL 32708
The City of Winter Springs reserves the right to accept or reject any or all bids/rfj:>s, with
or without cause, to waive technicalities or to accept the bids/rips which in its judgement
best serves the interest ofthe City. Fee proposal is NOT to be included in the proposal.
For information on any of the City of Winter Springs bids/rfps/rfqs please call
DemandStar
(407) 975-0021.
City of Winter Springs
l(~tJ.111(/~
Ronald W. McLemore
City Manager
Publication Date: Sunday, April 1, 2001
Orlando Sentinel
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
REQUEST FOR QUALIFICATIONS - RFQ # 006-01lGD - PENSION ATTORNEY
SERVICES
The City of Winter Springs, Florida, invites attorneys who are licensed to practice in the
State of Florida to submit their qualifications for the performance legal services related to
pension matters. Proposers must have significant legal experience in pension law and
preparing defined benefit plans for public employees.
A. General Information
1. The City will contract f9r legal services related to pension matters for fiscal years
ending September 30, 2002, 2003, and 2004.
2. Winter Springs, Florida is a City Commission/City Manager form of municipal
government. The City is primarily a retail, office and residential area with a
population of 30,090 (preliminary 2000 census estimate). The City employs
approximately 240 employees and administers a combined budget of
$36,000,000.
3. The City provides pension benefits to its employees through a Defined Benefit
Plan that is overseen by a Board of Trustees. Trustees are appointed from the
general population of the City by the City Commission, which has ultimate
authority and responsibility for pension policy matters. Staff support is provided
to the Board of Trustees through the City Manager's office. The Trustees meet
quarterly, with special meetings held as necessary.
4. The City currently has 209 active participants in the plan. Participation is
mandatory after six (6) months of employment. Employees contribute three (3)
percent of their salaries toward support of the plan, with the City contributing
eight (8) percent.
5. The plan currently has assets of slightly over Five Million Dollars ($5,000,000) in
market value.
6. There are currently seven (7) retirees drawing benefits from the plan.
7. The City retains acturial services and investment management services for plan
administration purposes and the investment of plan funds.
B. Performance Specifications:
1. To qualify, an attorney or law firm must meet the following minimum
requirements:
a) Be established as a legal entity and be licensed in the State of Florida, and
must have performed continuous legal services to local governments for a
minimum of five (5) years.
b) Must have provided legal services for pension purposes for at least three (3)
years,
c) Must be a member in good standing of the Florida Bar Association.
Specialized training or certifications in legal services to local government,
particularly pension in matters, is highly desirable
2. Attendance at meetings of the Board of Trustees and/or the City Commission will
be at the discretion and call of the Chairman.
3. A continuous review of the plan documents and Code of Ordinances as they
relate to pension matters will be required.
4. Working papers will be available for examination or duplication without charge to
authorized City personnel. They will be made available for examination or
duplication at a reasonable charge to subsequent attorneys engaged by the City.
5.
c. Instructions for Submittals:
1. Submittals, in not less than 10 copies, shall be mailed or delivered to:
Director of General Services
City of Winter Springs
1126 East S. R. 434
Winter Springs, FL 32708
2. Proposals must be received by the City not later than 5:00 p.m. on Monday, April
30, 2001, in order to be considered.
3. Submittals must be delivered in a sealed envelope with the name of the proposer
and RFQ # 006-01/GD - Pension Attorney Services clearly marked on the
outside for easy identification, No facsimile or telegraphic submittals will be
accepted.
4. Costs of the preparation of submittals are an operational cost of the proposer,
and the City of Winter Springs shall not be responsible for any such costs
incurred.
D. Information to be included in the Submittal:
1. Title Page - The proposer should identify the RFP number and subject, the name
of the firm, local address, telephone number, name and title of contact person,
and date of submission.
2. Location of all offices and dates established.
3. Letter of Transmittal - Should be brief, and introductory in nature.
4. Name(s) and biographical sketch(es) of attorney(s) proposed to be involved with
the City engagement.
5. An express agreement to meet or exceed performance expectations listed in
Section B. Specify any exceptions.
6. Description and history of the firm, including whether the firm is local, regional or
national.
7. The location of the office from which the work is to be done. Indicate relevant
prior governmental experience of the assigned office. Firm-wide experience may
be submitted in addition to, but not in lieu of, the assigned office's experience.
8. A listing of Florida municipalities for which the firm is providing or has provided
requested services, the scope of such service, and the time periods of such
service. Please provide a contact person, address and phone number, as these
clients may be contacted for references.
NOTE THAT A FEE PROPOSAL IS NOT TO BE INCLUDED WITH THIS
PROPOSAL.
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E. Evaluation Procedure and Selection Process:
The Board of Trustees, with input and recommendations from city staff, will evaluate
all submittals and select attorneys/firms as finalists for oral presentations and
interviews. After oral presentations and interviews, the Trustees will undertake fee
negotiations with the top ranking finalist. Should agreement not be reached,
negotiations will begin with the remaining firms in ranking order. The Trustees will
then present a recommendation to the City Commission on a date to be determined.
F. Terms and Conditions:
1. All responses shall become the property of the City of Winter Springs.
2. Submittals shall be prepared simply, providing straightforward responses to
satisfy the requirements of this RFO.
3. Each firm shall examine all parts of this RFO and shall determine all matters
relating to the interpretation of such documents.
4. A response to this RFO does not constitute a bid. Therefore, the City retains
their right to contact any/all proposers after submittal in order to obtain
supplemental information and/or clarification.
5. All questions for clarification or additional information should be directed to Gene
DeMarie, Director of General Services, at (407) 327-5961. No other City Staff,
Board, Commission members, or contracted consultants shall be contacted.
Such unauthorized contact shall be cause for disqualification.
6. The City reserves the right to accept or reject any and all submittals received, to
waive irregularities and technicalities, and to request re-submission or to re-
advertise for all or any part of the RFO. The City shall be the sole judge of the
submittal and the resulting negotiated agreement that is in the City's best
interest, and the City's decision shall be final.
G. Request for Additional Information:
The proposer shall furnish such additional information as the City may reasonable
require. This includes information, which indicates financial resources as well as
ability to provide and maintain the requested services. The City reserves the right to
make investigations of the qualifications of the proposer or any of its agents as it
deems appropriate.
H. Addendum and Amendment to Request for Proposals:
If it becomes necessary to revise or amend any part of this RFO, the revision will be
furnished by written Addendum. It shall be the responsibility of proposers to contact
the Director of General Services no later than the end of the workday, April 26, 2001,
to determine if addenda have been issued and/or are available.
I. Non-Collusion:
By offering a submittal, the proposer certifies that he/she has not divulged to,
discussed or compared his/her proposal with other proposers or parties to this
proposal whatsoever. See required Non-Collusion Statement below.
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J. Additional Information:
Requests for additional information should be made to:
Gene DeMarie
Director of General Services
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
(407) 327-5961
NOTE: All prospective proposers are hereby cautioned not to contact any member
of the City of Winter Springs Commission, or any other staff member except the
Director of General Services, regarding this RFQ. Such unauthorized contact shall
be cause for disqualification. All contact must be through the Director of General
Services.
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NON-CULLUSION WITH -
AND NON-INTEREST OF - CITY EMPLOYEES
Description of Contract:
PENSION ATTORNEY SERVICES FOR THE CITY
OF WINTER SPRINGS, FLORIDA
STATE:
COUNTY OF:
FLORIDA
SEMINOLE
Name of company responding
Name of authorized individual signing
being the first duly sworn, deposes and says that he/she is the respondent in the
above SUBMITTAL, that the only person or persons interested in said submittal are
named therein; that no officer, employee or agent of the City of Winter Springs or of
any other party is interested in said request for qualifications; and that affiant makes
the above proposal with no past or present collusion with any other person, firm or
corporation.
Firm
Signature
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LEWIS, LONGMAN &WALKER, PA
ATTORNEYS AT LAW
QUALIFICA TIONS
FOR
LEGAL COUNSEL
FOR
CITY OF WINTER SPRINGS
PENSION ATTORNEY SERVICES
RFQ #006-01/GD
April 30, 2001
James w. Linn, Esquire
Lewis, Longman & Walker, P.A.
125 South Gadsden Street
Suite 300
Tallahassee FL 32301
(850) 222-5702
@}JrJ;fJ!JfiYiJ!J
H E L PIN G S HAP E F LOR IDA'S F U T U R ETM
n
n
ERIC ASH
WIIJJAM G. CAPKO
BETH ANN CARLSON
MICHELLE DIFFENDERFER
ROBERT P. DWf'ENDERrER
KENN/",H W. DODCE
AMY M. DUKES
BRENNA MAI.OUF DURDEN
WAYNE E. FLOWERS
MELISSA GRoss-ARNOLD
KEVIN S. HENNF.s.~Y
.1 LEWIS, LONGMAN &WALKER, P.A
-' ATTORNEYS AT LAW
DEBORAH D. HOLTON
R. STEVEN LEwIs
TERIIY E. LEWIS
JAMES W. LINN
ANNE loNGMAN
G. STEPHEN MANNING
DAVID E. RAMBA
KENNETH G. SPILUAS
EDWIN A. STEINMEYER
STEPHEN A. WALKER
n
n
REPLY To:
TALV.HASSEE
n
April 30, 2001
n
n
Director of General Services
City of Winter Springs
1126 East S.R. 434
Winter Springs FL 32708
n
Dear Sir or Madam:
II
RE:
Proposal for Pension Attorney Services
RFQ #006-0I/GD
n
Lewis, Longman & Walker's proposal to provide legal services to the City of Winter Springs for
Pension Attorney Services is enclosed. The Request for Proposal and its experience requirements
have been reviewed. Based on my background and experience, I believe I am well qualified to
serve as the pension attorney.
n
n
As a shareholder and vice-president of Lewis, Longman & Walker, P.A., I am authorized to
make representations for the firm. My contact information is:
n
125 South Gadsden Street, Suite 300
Tallahassee FL 32301
Phone: 850-222-5702
Fax: 850-224-9242
Email: jlinn@lIw-law.com
r~
~,
I would be pleased to respond to any questions you may have concerning this proposal.
Sincerely,
~W(L
~W. Lmn
lachonville Offu:e
9428 Boymeadows Road
Suile 625
Jacksonville, Florida 32256
(904) 737.2020. Fax (904) 737.3221
TaLlahas$ee Offu:e
Post Office Box 10788 (32302)
125 Soulh Gadsden Street. Suile 300
Tallahassee, Florida 32301
(050) 222-5702 . Fax (050) 224-9242
We$l Palm Beach Offu:e
1700 Palm Beach Lakes Boulevard
Suite 1000
West Palm Beach, Florida 33401
(561) 640-0820 . Fax (561) 640-8202
WWW.u.W-LAW.COM
1-11=1 Plr.-If:: ~1-1l\PI= 1=1 nRlnl\'~ CIITllDC'.
LEWIS, LONGMAN &WALKER, P.A
ATTORNEYS AT LAW
QUALIFICA TIONS
FOR LEGAL COUNSEL
FOR CITY OF WINTER SPRINGS
PENSION ATTORNEY SERVICES
Summary of Firm's Background
Lewis, Longman & Walker, P.A., is a 23-attorney law firm with offices in West Palm Beach,
Jacksonville, and Tallahassee. The Firm represents numerous counties, cities and special districts
throughout Florida before all three branches of state government: judicial, legislative and executive.
The Firm is A V-rated and its shareholders, individually and as a group, enjoy a statewide reputation
in the fields of:
· Governmental.and special district representation,
including government retirement plans
. Labor and employment law
. General administrative and legislative matters
· Public finance
. Ethics and public records/meetings law matters
. Environmental and land use law
· Water and wastewater issues.
This reputation has been established on the foundation of the shareholders' extensive experience in
these specialty areas. All the attorneys at the Firm are properly licensed to practice law in the State
of Florida. A firm brochure, which describes all the Firm's legal services and attorney profiles is
attached as Appendix A.
The attorneys at Lewis, Longman & Walker have provided legal representation to governmental
entities at all levels for more than 20 years. The Firm provides legal services on a range of
regulatory, legal and legislative matters, including retirement matters to local governments
throughout Florida.
H E L PIN G S HAP E F LOR IDA' S F U T U R ElM
Firm Attorneys to Provide Legal Services
James W. Linn, a shareholder in the Tallahassee office of Lewis, Longman & Walker, will act as
the primary attorney under RFQ 006-0IlGD. Mr. Linn may be assisted by other firm attorneys
and/or paralegals on specific projects.
James W. Linn, Primary Attorney
Mr. Linn is a shareholder in the Tallahassee office. He has represented cities, counties, special
districts and pension boards in pension-related legal and legislati ve matters for more than 20 years.
A substantial portion of Mr. Linn's practice is devoted to advising public employers and pension
boards on federal and state laws pertaining to governmental retirement programs. Prior to
entering the practice of law, Mr. Linn served as a Legislative Analyst for the Florida House of
Representatives Committee on Retirement, Personnel and Collective Bargaining. There he
researched and drafted legislation affecting a broad range of retirement and employment issues.
Mr. Linn assisted in the research and drafting of part Vll, Chapter 112, Florida Statutes (the
Florida Protection of Public Employee Retirement Benefits Act). As an attorney, Mr. Linn has
conducted numerous comprehensive reviews of local government pension plans to ensure
compliance with applicable federal and state laws, has worked closely with local governments'
and actuaries in restructuring retirement benefit programs, and has prepared numerous pension
ordinance amendments. Mr. Linn chaired the Florida Bar Section on Local Government Law in
1995-96. In 1998-99 Mr. Linn served as a member of the Florida Retirement System work
group, an advisory panel established by the Florida Legislature to review and make
recommendations on actuarial assumptions and cost methods utilized by the Florida Retirement
System.
Mr. Linn's pension experience specifically includes:
· Evaluating pension plans for compliance with all applicable federal and state laws.
· Conducting comprehensive legal reviews and revisions of local government pension.
plans.
· Analyzing legislation for specific impacts on retirement and benefit programs, and
developing alternative compliance strategies. .
· Advising public employers and working with labor counsel in connection with
collective bargaining. negotiations concerning employee pension benefits.
· Working with pension boards, government managers and actuaries to develop
comprehensive strategies for addressing benefit enhancements and plan funding
requirements.
· Negotiating and drafting agreements between and among local governments, unions
and pension boards, concerning pension benefit increases that incorporate
adjustment mechanisms tied to actuarial assumptions and cost methods.
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. Providing advice regarding service-connected and non-service-connected disability
determinations.
. Development of early retirement programs, including optional approaches for
encouraging early retirement under defined benefit and defined contribution plans.
. Representation in connection with plan termination, mergers of governmental
entities and the conversion of defined benefits into defined contribution plans.
. Analysis and application of federal income tax, social security, military service, age
discrimination and family leave act issues in connection with governmental pension
plans.
. Drafting excess benefit arrangements and other types of supplemental deferred
compensation programs for highly compensated government employees.
. Evaluating and preparing deferred retirement option programs (DROPs) for local
government retirement plans.
. Advising pension board trustees on their fiduciary duties and responsibilities under
federal and state laws.
. Assisting pension boards and local governments in the development of investment
policy statements, and in evaluating the performance of pension fund investment
managers.
. Explaining pension benefit changes to affected employees.
. Representing local governments and pension boards in retirement-related litigation, .
including age and race discrimination cases, administrative hearings contesting the
actions of state agencies, and class action lawsuits in federal and state courts.
Mr. Linn has represented a number of public entities and individuals in pension-related litigation.
He successfully represented a city and pension board in City of Orlando v. Department of
Insurance, 528 So.2d 468 (Fla. 1 sl DCA 1988). In City of Orlando, the District Court reversed a
lower court's ruling that elected and appointed city officials could not serve on police/firefighter
pension boards. As a result of this case, elected and appointed city officials are able to serve on
municipal pension boards. Mr. Linn has also represented a number of cities and individuals in
disputes with the Florida Division of Retirement involving various state pension laws.
Mr. Linn is a frequent lecturer on pension-related topics, and has appeared at seminars sponsored
by the Florida Bar, Florida League of Cities, Florida Association of Special Districts, Florida
Division of Retirement and Florida Department of Insurance. He is admitted to practice before:
The Florida Bar, 1980; U.S. 11lh Circuit, 1981; U.S. 5lh Circuit, 1981; and U.S. Southern District
Court, 1981. He graduated, with honors, from the Florida State University College of Law in
1980.
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Mr. Linn has also published a number of articles on pension and local government law,
including:
· "1999 PolicelFirefighter Pension Law: Analysis and Compliance Strategies," published by
the Florida League of Cities, September 1999.
· "Liberty Interest Protection for Discharged Public Employees," The Florida Bar Journal,
October 1990.
· "Rulemaking and Incipient Policy: When is a Rule Not a Rule, When is a Rule Change a
New Rule, and Who Cares?," The Florida Bar Journal, March 1990.
· "Employee Drug Testing," Quality Cities, February 1987.
.. "Section 1983: The Changing Contours of Local Government Liability," The Florida Bar
Journal, October 1984.
· "Closer to Home: Applying the APA to Local Government Decision Making," The Florida
Bar Journal, June 1983.
· "Constitutional Issues in Administrative Practice," The Florida Bar Journal, December
1981.
· "Collective Bargaining and the Protection of Public Employee Retirement Benefits," The
Review, Florida State University Center for Employment Relations and Law, Summer 1980.
There is no previous or pending litigation or claims against Mr. Linn or Lewis, Longman & Walker,
P.A. arising from Mr. Linn's or the firm's handling of employment or pension-related matters.
Neither Mr. Linn nor Lewis, Longman & Walker, P.A. has represented or has any affiliation with
labor unions.
Firm's Ability to Provide Legal Services
The entire Firm consists of 23 lawyers and three paralegals with sufficient support staff to ensure
that all work product is performed efficiently and on a timely basis.
Mr. Linn will personally provide the legal services contemplated by this proposal. From time to
time, he may use the services of one or more associate attorneys employed by the firm, who will
work under Mr. Linn's supervision on a project basis.
Along with the attorney profiled here and those in the brochure (Appendix A), the Firm has a
talented and highly-skilled clerical support staff, who are proficient in all administrative systems
of the Firm. More than half the legal secretaries have worked with their attorney supervisors for
a minimum of five years; two of that majority have supported their attorneys for at least 12 years.
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This low turnover rate contributes to the efficient and pleasant working environment that serves
to benefit the professional staff and the Firm's clients, too.
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Lewis, Longman & Walker P.A. believes in delegating the work to the appropriate level of
shareholders, associates and paralegals able to do the work most effectively. This allows the
Firm to service the City of Winter Springs with a maximum efficiency but at a lower cost.
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The Firm also has-state-of-the-art Windows NT and WAN technology within all its offices. The
Firm's e-mail and computer system is capable of shipping entire files, memos and opinions
electronically to our clients to save attorney time and costs. The Firm also has desktop computer-
assisted legal research capabilities through WestLaw, on-line direct access to the databases of
various institutions, several CD-ROM tools, and the Internet. A full-time in-house network
administrator ensures that the computer systems are running consistently and efficiently so we
may utilize our technology to minimize legal fees.
Additionally, the Firm has an in-house law library consisting of up-to-date books, binders and
circulars on Florida law, rules and local ordinances; federal law and environmental regulations;
Florida case law; as well as continuing legal education books, circulars and periodicals devoted
to governmental, administrative, and pension law issues.
Representative.Governmental Clients (Current and Previous)
. The five most significant engagements performed by Mr. Linn in the last five years that are similar
to the engagement described in this request for proposal are as follows:
City of Sunrise (1987-Present). Contact: Jeff Olson, City Attorney, (954) 746-3300. Mr. Linn
provides ongoing advice and consultation on a broad range of pension issues, including: assisting
the City in developing pension strategy and proposals .for collective bargaining negotiations;
advising the City on the restructuring of its general employee pension board; and defending the City
against a lawsuit filed by the fire pension board alleging misuse of Chapter 175 revenues and.
"excess earnings" on pension fund investments.
City of Delray Beach (1982~Present). Contact: Susan Ruby, City Attorney, (561) 243-7091. Mr.
Linn provides ongoing advice and consultation to the City on a wide range of pension issues,
including: a comprehensive review and revision of the City's general employee pension plan for
compliance with federal and state law; analysis of the City's compliance with provisions of Chapters
175 and 185, Florida Statutes, regarding "extra benefits" for police officers and firefighters; advice
on the reporting and deductibility of employee contributions to a City-sponsored Section 457
deferred compensation plan; representation of the City in administrative litigation with the Florida
Department of Insurance regarding compliance with state statutes governing police and firefighter
pension plans; revision of various provisions of the City's pension ordinances; and representation of
the City in an administrative challenge to proposed rules of the Division of Retirement concerning
police and firefighter pension plans. More recently, Mr. Linn successfully defended the City in a
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federal class action lawsuit brought by retired police officers and firefighters, alleging
discrimination in retirement benefits.
City of Fort Walton Beach (1990-Present). Contact: Mark Wiltsie, Human Resources Director,
(850) 833-9506. Mr. Linn provides ongoing advice and consultation to the City on a variety of
. pension issues, and has drafted numerous amendments to the City's retirement plans for police
officers, firefighters and general employees.
City of Homestead (1997-Present). Contact: Lori Houghton, Accountant I, (305) 247-1801. Mr.
Linn was retained to advise the City on and draft a comprehensive revision of its general
employees' retirement plan. He presently serves as legal counsel to the general employees' pension
board.
City of Miami Beach (1999-Present). Contact: Mary Greenwood, Director of Labor Relations,
(305) 673-7000 ext. 6211. Mr. Linn was retained by the City in connection with the merger of its
police and fire pension plans. He provides ongoing advice and consultation on a broad range of
pension matters.
Other engagements performed by Mr. Linn in the last two years that are similar to the engagement
described in this request for proposal are as follows:
City of Altamonte Springs (1999 - Present). Contact: Mark Debord, Finance Director, (407)
571-8090. Mr. Linn was retained to advise the City on pension plan. changes necessary to comply
with 1999 legislation affecting police and firefighter.pension plans, More recently he advised the
City on proposed changes to the general employees' retirement plan.
City of Boca Raton (1998-Present). Contact: Linda Davidson, DireCtor of Office of Management
. and Budget, (561) 393-7898. Mr. Linn was originally retained to prepare amendments to the City's
police and firefighter pension plans. He has also advised the City on its deferred retirement option
plan ("DROP"), consulted on pension issues in collective bargaining negotiations, and provides
ongoing advice on a broad range of pension issues.
City of Cape Coral (2000-Present). Contact: Robert Crosson, Human Resources Director, (941)
574-0528. Mr. Linn was retained to advise the City on an early retirement program for employees
participating in a 40 1 (a) pension plan.
City of Cocoa (2000-Present)~ Contact: Anthony Garganese"City Attorney, (407) 425-9566. Mr.
. Linn was retained to advise the City on proposed revisions to the police pension plan. More
recently he drafted a revision to the firefighter DROP proposal. .
City of Gainesville (1990-Present). Contact: Charlie Hauck, Assistant City Attorney, (352) 334-
5011. Mr. Linn represented the City in administrative litigation with the Florida Department of
Insurance concerning the City's complian~e with state statutes governing police and firefighter
pension funds. The litigation was ultimately settled with minimal revision of the City's pension
ordinances, and the release of the full amount of premium tax revenues that had been withheld by
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the Department. Mr. Linn also provided advice and consultation to the City in connection with the
pension rights of county employees who would become City employees under the City's proposed
annexation of a large portion of Alachua County. He worked closely with City officials, the City's
actuary, and the Florida Division of Retirement in identifying various options for recognizing the
accrued pension benefits of transfening county employees. More recently, Mr. Linn was retained
by the City in connection with an overall review and revision of the City's pension plans. He
provides ongoing advice on a range of pension-related issues.
City of Greenacres (1999-Present). Contact: David Miles, Finance Director, (561) 642-2013. Mr.
Linn was retained to represent the City in a class action lawsuit involving the allocation of premium
tax revenues. He was more recently retained to represent the City on legislation revising the
procedure for allocating premium tax revenues.
ICMA Retirement Corporation (1999 - Present). Contact: Joseph Jankowski, Director,
Retirement Plan Consulting Services, (202) 962-4614. Mr. Linn represented ICMA RC in
connection with legislation amending the Florida Retirement System to provide an optional defined
contribution plan, and continues to provide advice and consultation concerning the implementation
of the new law.
Town of Jupiter (2000). Contact: Tom Baird, City Attomey, (561) 625-4400. Mr. Linn has
advised the Town on a variety of pension issues.
City of Kissimmee (1995-Present). Contact: Beth Stefek, Human Resources Director, (407) 518-
2115. Mr. Linn was retained by the City of Kissimmee to review the City's police, firefighter, and
general employee pension plans, and evaluate plan amendments proposed by the police pension
board. He provides ongoing advice on a variety of pension issues.
North Naples Fire and Rescue District (1998-present). Contact: James Tobin, Fire Chief, (941)
597-3222. Mr. Linn was retained to represent the district in a legal action involving the allocation
of premium tax revenues for its firefighter pension plan. He has also provided legal counsel and
advice on a wide range of pension matters.
City of Oakland Park (2000). Contact: Bert Wrains, Finance Director, (954) 561-6260. Mr. Linn
was retained to advise the City on police and fire pension matters.
City of Pompano Beach (1999-Present). Contact: Mark Lauzier, Assistant City Manager, (954)
786-4601. Mr. Linn was retained to represent the City on revisions to the police and firefighter
pension plan. He has also provided advice on pension issues arising out of the City's decision to
contract with the Broward Sheriffs Office for the provision of law enforcement services.
City of St. Augustine (1998-Present). Contact: Tim Burchfield, Director, General Services, (904)
825-1010. Mr. Linn was retained to provide a legal opinion concerning the City's health insurance
subsidy program for retired members of the police pension plan, and currently advises the City on a
variety of pension issues. Mr. Linn also serves as legal counsel to the police pension board.
7
Conflict of Interest
No known conflict of interest exists between Lewis, Longman and Walker, P.A., or its clients, and
the City of Winter Springs, based on the scope of work outlined in the Request for Qualifications.
However, the Firm understands that there is a remote potential for unanticipated conflicts to arise in
its representation of the City of Winter Springs. Should a conflict or possible conflict arise, the Firm
will immediately take appropriate action through disclosure, waiver and consent, or, if necessary, by
refraining from representation in a particular matter.
Insurance
The Firm maintains insurance coverage as follows:
Type of Insurance Carrier Amount of Coverage
Professional Liability National Casualty $2,000,000 each
claim/annual aggregate
$100,00 each
Workers' Compensation The Travelers Group disease/accident
.$500,000 limit for disease
Business Auto Policy Travelers Property $2,000,000 for hired and
Casualty non-owned
Comprehensi ve General Travelers Property $2,000,000 each
Liability Casualty occurrence
LEWIS, LONGMAN & WALKER, P.A.
By:
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James W. Linn
Print Name
Shareholder
Title
April 30 .2001
Date
8
JAMES W. LINN
James W. Linn is 0 shareholder in the Tallahassee office of Lewis, Longman &
Walker, P.A. The firm represents a number of corporations, cities, counties, and
other governmental entities throughout Florida in environmental, land use,
employment and benefit matters. Mr. Linn has over eighteen years of legal
experience, and has on active practice in labor, employment and retirement low
(representing management). state administrative and regulatory law, and
governmental affairs. He holds an "a VI rating from Martindale-Hubbell, the highest
rating available for legal ability and adherence to ethical standards.
Mr. Linn is admitted to practice before: The Florida Bar, 1980; U.S. Eleventh Circuit
1981; U.S. Fifth Circuit 1981; and U.S. Southern District Court, 1981. He Chaired the
Local Government Low Section of the Florida Bar in 1995-96, and is 0 member of
the Florida Bar Sections on Labor and Employment Law, and Administrative Low.
Mr. Linn is a frequent lecturer at Florida Bar and other professional! educational
conferences, and has published numerous articles on administrative and
employment low.
Professional Experience
1995 to Present: Shareholder with Lewis, Longman & Walker, P.A. Clients include.
local government agencies, local government and professional associations,
health core. providers, partnerships, corporations, and individuals. Areas of
. practice include labor and employment related matters (lncluding EEOC and
pension/benefit matters); legislative and executive agency representation;
professional licensure and discipline: and administrative and civil litigation.
1983- 1994: Shareholder with Carson, Linn & Adkins (formerly Carson & Linn, P.A.).
Represented clients in all areas of the firm's practice before all three branches of
state government. Represented public and private entities throughout Florida in
labor. and employment law matters, administrative and regulatory issues, bid
disputes, and professional licensure and disciplinary proceedings. SupeNised
associate attorneys and paralegals in all areas of the firm's practice.
1980- 1983: Associate attorney, Seyfarth, Shaw, Fairweather & Geraldson. Worked
in Miami and Tallahassee offices of 250 lawyer firm, handling employment law
matters, administrative and regulatory matters, professional licensure and
disciplinary matters, and legislative matters.
_.
ii
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James W. Linn
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1978-1980: Intern and Legislative Analyst, Florida House of Representatives
Committee on Retirement, Personnel and Collective Bargaining. Researched and
drafted legislation pertaining to public pension and benefit matters, and
labor/employment low.
Education
J.D., Florida State University, 1980, with honors.
B.S. Florida State University (Government), 1977, Magna Cum Laude.
Publications
.
"Liberty Interest Protection for Discharged Public Employees", The Florida Bar
Journal, October 1990.
"Rulemaking and Incipient Policy: When is a Rule Not a Rule, When is a Rule
Change a New Rule, and Who Cares?", The Florida Bar Journal. March 1990.
"Employee Drug Testing", Quality Cities, February 1987.
Section 1983: The Changing Contours of Local Government Liability", The Florida
Bar Journal, October 1984.
"Closer to Home: Applying the APA to Local Government Decision Making", The
Florida Bar Journal, June 1983.
"Constitutional Issues in Administrative Practice", The Florida Bar Journal, December
1981.
"Collective Bargaining and the Protection of Public Employee Retirement Benefits",
The Review. Florida State University Center for Employment Relations and Law,
Summer 1980.
2
Non-Collusion With and
Non-Interest of City Employees
Description of Contract:
PENSION ATTORNEY SERVICES FOR THE CITY
OF WINTER SPRINGS, FLORIDA
STATE:
COUNTY OF:
FLORIDA
SEMlNOLE
Lewis. Longman & Walker. P.A.
Name of Company Responding
James W. Linn
Print Name
Being the first duly sworn, deposes and says that he is the respondent in the above
SUBMITTAL, that the only. person or persons interested in said submittal are. named
therein; that no officer, employee or agent of the City of Winter Springs or of any other
party is interested in said request for qualifications; and that affiant makes the above
proposal with no past or present collusion with any other person, firm or corporation.
Lewis. Longman & Walker. P.A.
Firm
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I-II~LP[NG SHAPE FWIUDA'S FLTliltE
Lewi,:;, Longman & \\hlkcr Iw,; heen helping shape florida's
future since its inception in 1994. Our lawyers have bt~(~n
meetin!!; the needs of Floridians for over twenty years in a
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variety of professional and c0ll11ll1ll1ity leadership rok:;.
LL&W provides solutions 10 the problems facing Floriaa's
indi,'iduals, husinesses and governments, especially i."sues
associated \\ith the I11~Tiad of current local, state, and f(~deral
law;; and reb'1.t1ations.
The firm's vision is I)ersonalized high qualilv le!!al
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services, h:using on specialized and often technical areas of
environmental and land use law, emplo~lnent law, gO\"t~ITunent
relations and public finance. Specific laJents, knowledt!f:: and
"CONSCrE~JT[OUS, THOROUGH,
KNOWLEDGEABLE, CONNECTED .
CAPAIJLE, HrGH-prtOFTlE, nESPEX.1'ED. "
I~LOItI/)A WATER QUALITY ASSOCIATION
GARY MONTOI'A
PRESIDENT
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contacts arc necessary t(ll' each tidel. The firm Iws recruited
well-kno\\'n and resp(~cled uttorneys with exper1ise and
accomplishments in these and related areas of la\\'.
LL&W lawyers are cOllnnincd to responding to elil'nls'
needs promptly and (~('onornically. w~ believe in building
long-term relationships ba:,wd upon dose cooperation and
solid results.
Services are provided lhroughout Florida from three
offices strategicall~' located in Jacksonville, Tallahassee and
~st Palm Beach.
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"PHOFESSIONAL ATIITUDE AND
ALWAYS WILLING TO ADDHESS MY
NEEDS P!lOMI'TLY. "
CLONTS FAIlMS, INC.
W. R~:x CLONTS, JIl.
PllESIDENT
MI.:r:'\'If\!C '1'111': NIJ:ll.'; OF F'LOIUD!^NS
u.-wi,;, I.AIII,~III<l11 & Wtl~,~1' 1<l~I~'; (!:I'l~al l'l'id,: in pl'O\'idi'l(!:
';Ollllioll'; 1(11' imli,.idll<t1,;, nlqHII'<ltions, sllwll and largl'
11I1.~iIW';';I'.~, ~m"'I:IIIIWIII';, <I~Til'ldlllrl~, ,IIHI d'~VI~loIH;r,;;
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0111' ""('1.('';.~ 1101 ,;illqlk I". IIII' 11l1l1tlH'1' or nhl~'; WI~ \\'ill, \1111 I".
till' 1Illlltlll'I' or ,li"11I1I1'.~ II." I',.,;okl'.
PBO\'lIl1\L Sou TIO\.' FOB Pl10111 Y!\IS 1.\ FIDltlll:\
u'II'i,;, I.AIII1!III<l11 8: Wd~,'1' ;1l101'lH'Y'; ha"I: "-"perrisf: in dIOSI'
tedllli..,d <Il1d~I"'(.i;dizl'd <lI'l'as ,dll'l'l' IlIlSinf:sses, indi\'iduals
,1Ild gm'lTllIllf'111" IITf:Stlf' O\'l'1' ('olllpliallf'f; \\;th kdend, slall',
and lo<"d 1'I',~.lIbtiolb and policies. LL&W's practice an~as
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EiII.irollllH'lIfal and Land Use La\\'
Ellqllo~'IIl('11l Law
Liti1!;1tiOll. Appl".als, Administratiw: Lmv and Mediation
GO\'I'l'IIIII<'nl Relations
Pul >Iii' Fin;llIce
Our "IWI'I'S'; in Iwlllin!!; dients find their Wa\' throu!!;h the
L .~.
nwzI' of gO\'l'r111nl'11l ret-'ldation has earned LL&W a sttltc\\ide
n'plIlmioll ,I'; 1'l'Ohl':'ll1 soh-ers. LL&W ~morneys han-
repre,;clllf:'d dienl'; before virtually evel~' agency in Florida
gon~nll\l('IIl' \\{, understand how gO\'ernll1f~nt worb and
maintain ,;tl'Oug relationships with decision-makers. This
tran,;lall:;; iuto re';lllts {()t, our clients.
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Our prillwl~' goal is always to secure results as quickly
and cost f'fk('ti\'e1~' as possible. Lawyers, paralegals, and staff
in our rim:", office:, work closely together as a team,. to achie"e
this goal.
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M[^M1~DADE COMMUNITY COlLEGE
CAROL ZEINER
GENERAL COUNSEL
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Environmental and Land Use Law
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Increased environmental awarcl w:;:; Iw,,; I.rolld II \\'illl it an
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expanding t\llmher of fedeml, ,';I~II'~, ,lIld local n:glllation:;,
I'rc':;l:nling ag,:rwie:; and bu:;ill(,:;:;l~:; willt difficlllt ,lIId
1'00enliall~' cosily dw.llenge,.;. 0111' <Illonll'~-s "'m.. a. IIni(1'1l'
1.lend of lrainillg amI experi"lw(' ill a "ari"t~, of 1'li,.ironllll'lIlal
fidel..; indluling:
Rl:ul Eo'.;lU!(: Tran:;,wlion:; and
Oc\'(,lopllwnt Appro"'II:;
WI..;tl:"Hlll'r, Stom]\\'al!'!' und Surful'" Wllcr
\'ht(~r Supply and ConsllIllJlli\'(' U:;t'
W'r1and:; and Suhmer~ed uIIHI:;
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Ell( langered Specie:;
Supl:rfund, HazmdOlb and Solid WI:;t..
Aquatic Prest:rn::; und the En'rgbdc:;
Petroleum and CIH'lIlieal Storage
and TranspcH1ation
Members of tlte firm bu\'(' eXlen:;in' ('xpt'rience ,,'ith
Florida';; gnmlh management art and orlwr :;tml' and 10<'<.11
land U,'ie n't-'1darion:;. w~ hell' ohtain I "'",.lol'llH'1It up/11m',":;
for some of the stntt'":; lar~e:;t 1101l1l~hnildt:'r,.;, ('omll1en,i[1I
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dl'n~lopers and loral govenlIlll'nt:;. \\(, nl,;o Itnn' ohrni/1l:.d
apprcJ\'uls for pori and airpon projc'ct:;, ~lnd other
de\'(~lopmems of regional impw:l.
Our attol"lw~'s often PHliicipate a... pHli of a
de,'e!opmcnt team, coordinating various prott~ssional:-; :"uch as
engineers, architects, land planners, and cm-ironmenral
:,;cientis15 in b'Uiding a project through Ihe design, appronll and
construction process. Our attorneys are also im'oh-ed in
complex Superfund "ites, hazardous malerials dean-up and
mitigation plans. W. hm'e obtained numerous t'm-ironmental
permits, purslled administrative rule challenges and ddended
the rights of property owners. The firm also has played a
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" ADVICE, HAS ALWAYS.' BEEN EXCELLENT
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- STRONG COMMrr~~To OUR .
GOALS - EXCELLENT':~~j>ONSE. "
CITYQF PENsACOLA
~ ROBERT PAYNE
ASSI5.TAr-n:,CITY MANAGER
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IIl"jOI' role I,ll' Illlllll'roU:, diem::' in the banle on:,r reb'luating
1I1hlll ,llld ";':I'indll/ral imll'\('t~ on ulke OkeedlObee and the
f1ol'id" EI'( -r;.:lwle:,.
Employment Law
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Ellq.llo~'ee I'elarioll:' pb~' an important I'ole in the performance
of ,1I1~' ol'i![lIIizatioll. L:'I\'i.-;, Longman & Wilker prO\'ides
eSI WI'I 1'C'/ln's('lllation in \\,()I'kplace-related litigation and
clnplo~'IlWlll lu\\. l'oulbding. The finn represents public and
I-Il'i\'<lt(' t;lllplo\'er~ in labol', elllployment and pension law
tIIanl'I'~. Our <llTonIC~'~ hm'c defended employers against
\\Ton!.d'ul termination, di::,crimination, sexual harassment and
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whisde-hIO\H'I" dnim,;, and h,we prepared employment policies
on numel'OIl~ lopic,;. The firm advises and represents public
employer,; in pen.sion matter,;, including plan design,
cndunliol1 of nlllll'li,II1Ce \\'ith (t~deral and state laws, plan
H1llt'lldlllelll';, le~i,;I<llin~ l'el)l't'sentation and litigation.
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Litigation, Appeals, Administrative Law and Mediation
[n ol'(b' to 1"'O\'ide complete services for our clients' needs,
till' Iln II h",; UUHll'lf.d <llId rkn:lopecl anomer..; skillecl in
liti~Ulioll, Illl'di(l(ioll, appellale and administrative law. Where
lili~"fioll i,; IIIT6";,.IIT, L'.wi,;, Longman & \'hlker arfOnle~'.s do
1101 IIf':,il,lll' 10 'ukl' 1I",lln,; 1tl'llln' Flol'id(l's stalt', k.dentl and
;lIll1lillisll'iI,i\.c nHI!'I:" 0111' ,,"onlt'Ys 11<1\'(' e.\I.H'l'it~l\(,f' bell>n.' all
11'I.d,; of Florid,l ,lIld /;'dIT"lll'i,d alld "ppdl<lIC ('ourf:-;. Trial
bw)'n,; al.-;o fn'<i\lf"llk n'/l'!' appcals to tlw firrll allll Ofl(~n
('lI~iI~I' tllf' "nil 10 :'C:l~k " fn'slt IIf,rsfwl'live 011 a nlSf.'. w~ u,;e
:~}~~:r1%Y~Jt~'~~t'~~fii~::~1~Cc,t~~
ii?~ri~;!;j~~ii~~r ,;liljtl~';0ci,:)"'::i~'
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';(if{~:}' -: ; i!" ,:~~i;~,:, ;~,~;f:t~~~~Xfr;/~;:,n~:t> -: ~:::~~~~:.:' : -.IN
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state-of-the-~l1t technolot.'!' and fir~t-rate paralegals to research,
compile and anal~'ze the record. This combination allows us to
produce high quality legal briefs in a cost effective manner.
The firm also boasts great success in resolving disputes through
mediation and employs anorne)'s who serve as mediators in
complex litigation.
Government Relations
Le\'vis, Longman & Wilker assists private and public clients in
resolving matters before local, regional and state governments,
from pennining and regulatory isslles to legislative
fJolicymakjng. The firm maintains dose working relationships
"PROACTIVE, BRIGHT AND
ALWAYS AVAILABLE. UNDERSTANDS
CLIENT'S BUSINESS. "
BELLSOtJI'H MOI3ILfTY, INC.
RON UUHLESON
,,~th officials at Florida's Departments of Environmental
Protection and COllllllunity Affairs, the Florida Fish and
Wildlife Conservation Commission, and the State"s five \\hter
Management District,;. ~ also regularly work with the United
Swtes Army Corps of Engineers, Envirolllllcnwl Proteclion
Ag('II<')', and Fisll <.111<1 Wildlifi_~ S(~rvic(.:.
Our aHornl:'.s ;In' illlllH;rsed in iiI(: k:.!;isluti,'(; I.lroc(:ss.
, v
\\1: clmh c()fllpkx ori(!inallegislafion a,s w<:ll as wnl:ndnlcnls
to cxisting law unci work with stalT, inltT('sf(;d parties, und
ekcted and appointed officials to pass I(~gislati()n. W~ han'
earned the res peel of legislators and staff ((JI' our diligence
and eff;-~ctiveness. Our Tallahassee office constanth- monitors
legislative aeti,'ities, keeping our clients informed of pending
actions and giving them the time they n(;ed 'to respond to
possible changes in law.
Public Finance
Lewis, Longman & "hIker has an active public finance
practice 'vith extensi,'c experience in ta\:-exempt financings
in Florida. Irs attorneys have served as bond counsel,
underwriter's counsel and issuer's counsel for a wide ,'ariety
of public financings ,;ince 1989. Our attorneys have assisted
in financings for utility systems, parlcing faciliries, courthouses,
redevelopment projects, housing, infrastrucnu'e and stadium
facilities. W> assist our clients in strucluring transactions and
analyzing relevant income tax considerations. \\t: prO\'ide
legislative counseling and advice on the diverse government
and business issues that can arise in public finance
transactions. \~ also create and act as general or special
counsel to special taxing and community development
districts, and advise clients on the advantages of forming
a special purpose gm'ernment and the restrictions imposed
upon these entities.
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SfXNLEY GILINSKY
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SERVING AS LEADERS IN FLORIDA
Attorneys at Lewis, Longman & \\hlker hal'(' 1)('('11 1ll'll'in~ skI/I<"
Florida's future throngh 1(~t1dership positiolls 1(11. ()\'('r I \\'('111 I. 1'(';1 rs.
Positions previously and cnrrenlly lwld. indtlll(':
In Florida Government
Florida Del'arlnll:nl of Enl'ironnll'llwl f{("~ld;i1iOlI,
Dqllll} Din:clOr, Division of Enl'irollllll'lll;d n'nnillil'~
Florida D(:I't1rtmenl of Em'irollnll'lIwl Pro!(','1 ion,
AS:'iisl<1nt Gerll:ral Counsel
Florida OeparlmCIlt of Natuml Ill':'ioun'('s, Coaswl Plalll\l:r
Slate of Florida, Assisttlnt Anol'l\cy Gew'nd
Truslees of the Internal Impron>n\t:nt Trust Fund, Fidd
Operations Division Director
Sf. Johns Ri\'er Wdter Management District, Gen(:ral COIm;;el
South Florida \\hter Management DistricI, G('lwral Counsd
Southwest Florida "hter Management DiSlril'l, General Counsel
City of Jacksonville, Anorney
Palm Beach County, County Commissioner and Chairman
Pdlm Beach County Legislative Delegation, Counsel
Florida League of Cities, Legislalil'c Coun:"cl
In Florida Communities
Florida State Comprehensive Plan Committee,
Gubernatorial Appoinlee
. Pdlm Beach County Solid Wdstc Authority, Chair
. Children's Services Council of Palm Beach County, Chair
. Leon County Pipeline Siting ComIllinee, Chair
United \\hy, Board of Directors
Palm Beach County Metropolitan Planning Organization, Chair
Town of Jupiter Planning and Zoning Commission, Chair
Palm Beach County Tourist Del'e1opmcl1I Council, Chair
Palm Beach County E.\:prcssway Authority, Chair
. Leadership Palm Beach County, Participal1l
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Florida Bar Environmental and Land Use Section Chair
Florida Bar Local GOl'ernment Law Section Chair
. Florida Bar Founrlation's Legal Assistance 10 the Poor, Committee
Memher
Florida u:gal Servic(~.; Corporation's Board of Dircdors
PJlm B(:adl County Bar Association Profl:ssionalism COlllmittc(:
Chair
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FOIt ADDITIONAL [NFOItMATION PLEASE CONTACT US:
Jacksonville Office
9428 BaYllw<Ic!Ow,,; Road, Suile 625
Jacksoll\.ille, Florida 32256
'[(;Iephollc: (904) 737-2020
Fucsilllilt:: (904) 737-3221
e-mail: j<Lx@II\\-law.colll
Tallahassee Office
125 Gadsdell Street, Suite 300
Tallahassee, Florida 32301
Telephone: (850) 222-5702
Facsimile: (850) 224-9242
e-mail: tally@llw-law.com
West Palm Beach Office
1700 Palm Beach Lakes Boulevard, Suite 1000
\\est Palm Beach, Florida 33401
Telephone: (561) 640-0820
Facsimile: (561) 640-8202
e-mail: wpb@llw-law.col11
Or visit our website
at: www.L1w-law.com
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Ernc ASH
Associate. West Palm Beach Office. (561) 640-0820 . EASH@LLW-LAW.COM
AREAS OF PRACTICE
Civil Litigation
· Prior to joining Lewis, Longman & Walker, was an associate for a
prominent West Palm Beach law firm, where he represented the Palm
Beach County Property Appraiser's Office in all matters related to litigation.
· Successfully defended ADD circuit court and appellate court challenges
brought by landowners against the Palm Beach County Property Appraiser,
1993-1998.
.
Has successfully represented private landowners against Property
Appraiser of Palm Beach, Broward and Orange Counties and obtained
multimillion dollar reductions in ad valorem tax assessments for numerous
taxpayers since joining the firm in 1998.
Represents governments and private landowners in eminent domain
actions.
Represents governments and property owners in civil rights actions and
land development disputes.
Represents governments and private property owners in disputes regarding
real property valuation.
Admitted to practice in the United States District Court, Southern and
Middle Districts.
.
.
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
· The Florida Bar Association: Environmental and Land Use Law Section
and Local Government Section, Member.
· Palm Beach County Bar Association, Member.
· American Bar Association, Member.
· Inns of Court, Member.
EDUCATION
J.D., cum laude, Nova Southeastern University Law Center, 1992.
· B.A., Florida Atlantic University, 1988.
WILLlAM G. CAPKO
Shareholder. West Palm Beach Office. (561) 640-0820. WCAPKO@LLW-LAW.COM
ArmAS OF PRACTICE
Public Finance
Serves as bond counsel with respecl to both governmental and private-use bonds issued by
municipalities, counties, authorities and special dislricts throughout Florida, including new
money lransaclions and refundings.
Serves as underwriter's counsel on public finance lransactions in Florida, representing
national and regional investmenl banking firms.
Serves as counsel to the issuer and disclosure counsel regarding.public finance transactions, .
assisting general and special purpose governmental entities.
Represents developers and conduit borrowers in public finance transactions.
Assists privale entities in the strucluring of government-related financings.
Served as bond counsel for successful financings undertaken by Palm Beach County, the
Town of Jupiter, the Okeechobee Utility Authority and the Westgate/Belvedere Homes
Community Redevelopment Agency, among others.
.
Government Law/Legislative/Special Districts/Administrative
Represents public and private clients before lhe Florida Legislature, the Governor and
Cabinet and local governments in matters involving state and local government approvals,
regulatory issues and financial transactions.
Has extensive experience in state government in Florida: served as Assistant General
Counsel to the Department of Banking and Finance; Cabinet Aide to the Comptroller,
Counsel to the Palm Beach County Legislative Delegation, and as staff to the House
Committee on Rules and Calendar and the Senate Economic, Community and Consumer
Affairs Committee.
Possesses significant experience in local government in Florida: served as Chief Assistant
County Attorney for Palm Beach County and Counsel to the Palm Beach County Value
Adjustment Board; serving eighth term as Chairman of the Jupiter Planning and Zoning
Commission.
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
· Presented the Stale Law Update at The Florida Bar Public Finance in Florida Seminar, 1993
and 1999.
Lectured on Bonds and Other Long Term Debt Optiorn at the Florida Special Districts
Conference, 1997 and 1998.
· Appointed by Governor and Cabinet: Florida Beach Access Advisory Committee.
Jupiter Planning and Zoning Commission, Appointed 1990; Chair, 1992 - Present.
Jupiler Charter Review Committee Member, 1993 - 1997.
Northern Palm Bea,ch County/Southern Martin County Planning Forum, Steering
Committee Member, 1996 - 1998.
The Florida Bar Association: City, County and Local Government Section and
Environmental and Land Use Law Seclion, Member.
Nalional Associalion of Bond Lawyers, Member.
EDUCATION
J.D., Florida Slate University College of Law, 1979.
3.S., Florida State University, 1976.
BETH ANN CARLSON
Associate. West Palm Beach Office. (561) 640-0820 . BCARLSON@LLW-LAW.COM
AREAS OF PRACTICE
Environmental Law/Land Use Law
Represents clients on land use and development matters before local, state
and federal agencies, including wetland and water supply permitting,
zoning and coastal zone issues.
Develops corporate compliance strategies for startup Internet companies.
Negotiated resolution of a lawsuit brought by U.S. Environmental
Protection Agency against the Navy for hazardous waste violations,
resulting in payment of a minimal fine.
Obtained the first Navy-wide approval of an Environmental Review for
operational activities conducted at a naval facility.
PROFESSIONAL, CMC AND COMMUNITY INVOLVEMENT
The Florida Bar Association: Environmental and Land Use Section,
. Member.
Rhode Island and Massachusetts Bar Associations, Member.
· Palm Beach County Bar Association, Member.
The Palm Beach Literacy Coalition, Altemate Board Member, 1999-
present.
EDUCATION
I.D., The National Law Center, George Washington University, 1992.
· B.A. with Distinction, University of Virginia, 1988.
MICHELLE DIFFENDERFEH
Associate. West Palm Beach Office. (561) 640-0820. MDrFFENDERFER@LLW-LAW.COM
AREAS OF PRACTICE
Environmental/Local Government/Land Use Law
· Manages large development projects involving complex development issues
related to jurisdictional wetlands, mitigation, threatened and endangered
species, d~velopment of regional impacts, and surface water permitting.
· Represents l<;>ca1 governments and special districts as general counsel and
special counsel related to environmental, land use and special assessment
issues, including related litigation.
· Represents clients before local, state and federal government bodies,
agencies, and courts in environmental, administrative, zoning and land use
iSSUes.
· Represents Native American Tribe in environmen~al issues related to
development on its Florida Reservations, including procuring the funding
and permitting of a large water resource project for the Tribe's largest
reservation.
Gained upland/wetland grandfathering for Assisted Living Facility in
Martin County thereby ensuring the successful permitting of the project.
PROFESSIONAL, CMC AND COMMUNITY INVOLVEMENT
· The Florida .Bar Association: Environmental and Land Use Law Section,
Executive Council Member.
· Palm Beach County Bar Association, Member.
American Bar Association, Member.
Caribbean Bar Association, Member.
· Leadership Palm Beach County, Class of 2000 Participant.
· Executive Women of the Palm Beaches, Member.
· Girls II Women, Inc., President (Local non-profit organization dedicated to
mentoring students at the Pahokee Middle Senior High School).
EDUCATION
· I.D., cum laude, University of Miami, 1994.
B.A. with honors, Brown University, 1990.
ROBERT P. DIFFENDERFER
Shareholder. West Palm Beach Office. (561) 640-0820. RDIFFENDERFEH@LLW-LAW.COM
AREAS OF PRACTICE
Land Use/Environmental/Wetlands/Ocean and Coastal
Administrative Law
.
Represents public and private clients in the land use and environmental and adminislralive
law fields, including litigation.
Has been active in the firm's representation of major public infraslruclure projects,
including port and airport permitting and development of regional impacl (DRI) review.
Represents private and public clients in obtaining comprehensive plan and zoning
approvals; defends lhose approvals from third party challenge.
.
.
Governmental Law/Special Districts
Represents special districts on a variety of organizational and operational issues and special
projects.
Successfully represented state university interests in oblaining legislation to authorize lhe
transfer of land from the Trustees of the Internal Improvement TruSl Fund 10 the
university's foundation.
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
Co-Author: Sovereign Lands, Chapter 21, Vol. II, Florida Environmental and Land Use Law.
Author: Top Ten Tips/or a Quasiludicial Hearing, The Florida Bar Environmenlal and Land
Use Law Section Reporter, Vol. XIX, No.5, July 1998.'
Naples Regional Urban Design Assistance Team (R/UDAT) Citizen's Task Force, Committee
on Environmental Issues, Member, 1987-1988.
The Florida Bar Association: Environmental and Land Use Law Section, Adminislralive
Law Section and Local Government Section, Member.
· Palm Beach County Bar Association, Member. .'
Collier County Bar Association, Member.
American Bar Association: Urban, State and Local G<>vernment Section and Natural
Resources Section, Member.
District of Columbia Bar Association, Member.
Anti.Defamation League Public Service Award Luncheon, Luncheon Committee Member,
1997-1999.
Pine Jog Environmental Education Center, Board Member.
Habitat for Humanity, Volunteer.
Appointee: 2000 Presidenlial Rank Review Board.
.
.
EDUCATION
1.0., Georgetown University Law Center, 1984.
B.A., cum Laude, Florida Stale University, 1980.
KENNETH W. DODGE
Shareholder. West Palm Beach Office. (561) 640-0820. KDODGE@LLW-LAW.COM
AREAS OF PRACTICE
Environmental/Water Quality/Endangered Species
Ocean and Coastal
Represents public and private clients in a wide range of environmental
permitting/regulatory issues.
Practice focuses on water quality and quantity issues.
· Successful in drafting and implementing Water Quality Standards and.
other environmental programs for the Seminole Tribe of Florida.
Successfully contributed to the resolution of longstanding regulatory
problems involving several large municipal and county public water supply
wellfields.
Successfully challenged agency rule imposing county-wide manatee speed
zone regulations.
Real Estate
Represents clients in real estate negotiations, transactions, and related
matters.
Assisted in the acquisition, sale and permitting of several large multi-use
development projects.
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
American Water Resource Association, Member.
The Florida Bar Association: Environmental and Land Use Law Section
and Real Property, Probate and Trust Law Section, Member.
Palm Beach County Bar Association: Young Lawyers Section, Member.
Leadership Palm Beach County.
· Habitat for Humanity, Volunteer.
EDUCATION
J.D., cum Laude, University of Miami, 1993.
B.A., cum Laude, Pepperdine University, 1987.
AMY M. DUKES
Associate. West Palm Beach Office. (561) 640-0820 . ADUKES@LLW-LAW.COM
AREAS OF PRACTICE
Environmental/Local Government/Administrative/Land Use Law
Represents local governments and special districts as general counsel and
special counsel related to environmental and land use issues.
Works with clients and consultants on land use, local government and
environmental permitting issues.
PRIOR PROFESSIONAL EXPERIENCE
Prior to joining the firm, worked for the Ft. Lauderdale office of a national
firm, practicing in the area of general civil litigation. Also worked for a
local West Palm Beach firm, practicing in the area of civil litigation.
During law school, worked as a research assistant in the University of
Florida Center for Governmental Responsibility, researching international
environmental agreements used in drafting an agreement between
Nicaragua, Honduras and Belize for the protection of green sea turtles.
PROFESSIONAL, CMC AND COMMUNITY INVOLVEMENT
. The Florida Bar Association: Environmental and Land Use Law Section,
Trial Lawyers Section, Member.
Palm Beach County Bar Association, Member.
· American Bar Association, Member.
Journal of the Public Interest Environmental Conference article: Caribbean
Connections: The Legal Basis for the Management of Migratory Marine
Species in the Wider Caribbean, Spring 1998.
Shared' Marine Resources Chairperson: Public Interest Environmental
Conference, Spring 1998.
EDUCATION
.
J.D. with honors, University of Florida, College of Law, 1998.
B.S. with highest honors, University of Florida, 1994.
BRENNA M. DURDEN
Shareholder. Jacksonville Office. (904) 737-2020 . BDURDEN@LLW-LAW.COM
AREAS OF PRACTICE
Land Use/Environmental/Administrative Law
Represents public and private clients in matters related to land
development, zoning, comprehensive planning, developments of regional
impact, vested rights and concurrency, water quality and control (surface
and groundwater, stormwater management, consumptive use, wetlands and
submerged lands), hazardous materials and contamination, remedial
actions, solid waste, underground storage tanks, wastewater disposal, air.
quality and endangered species.
. Clients range from members of the solid waste industry to manufacturers to
developers to neighborhood groups.
Has diverse experience with permitting, compliance, transactional due
diligence, litigation (including Superfund and enforcement litigation),
legislation and administrative rulemaking.
PRIOR PROFESSIONAL EXPERIENCE
Planning Assistant, San Luis Obispo County Planning Department, San
Luis Obispo, California, 1978-1979.
Assistant City Planner, City of Grover City, California, 1979-1980.
Assistant Planner, City of Saril$ota, Florida, 1982-1983.
Assistant Counsel, Office of General Counsel, City of Jacksonville, 1985-
1987.
.
Shareholder, Mahoney, Adams & Criser, P.A., 1987-1997.
PROFESSIONAL, CMC AND COMMUNITY INVOLVEMENT
Co-Author: Waiting for the Go: Concurrency, Takings and the Property Rights
Act, Nova Law Review, Vol. 20, No.2, Winter 1996.
. The Florida Bar Association: Environmental and Land Use Law Section;
Local Government Law Section; and Administrative Law Section, Member.
Jacksonville Bar Association, Member.
American Bar Association, Member.
Northeast Florida Planning & Zoning Association, President, 1995-1996.
American Planning and Florida Planning & Zoning Associations, Member.
Leadership Iacksonville, Class of 1998.
. Jacksonville COplmunity Council, Inc., Community Conflict Resolution
Trainer, Member.
EDUCATION
J.D., University of Florida College of Law, 1985.
California Polytechnic University, Graduate Studies in Urban & Regional
Planning.
B.A., University of South Florida, 1974.
WAYNE E. FLOWERS
Shareholder. Jacksonville Office. (904) 737-2020. WFLOWERS@LLW-LAW.COM
AREAS OF PRACTICE
Environmental Law/Governmental Law/Administrative Law
. Represents private and public sector clients on environmental permitting
issues before federal, state, regional and local permitting agencies.
Extensive experience litigating on behalf of and against administrative
. agencies in federal courts, state and appellate courts, before Florida's
Division of Administrative Hearings and before administrative boards and
agencies on permitting and rulemaking issues.
· AB General Counsel. for St. Johns River Water Management Distric~
provided representation to agency's Goveming Board and staff on rule
development, environmental permitting, land acquisition under Save Our
Rivers and P-2000 programs, and land. management. Successfully
represented agency as lead counsel in litigation on wetlands, water use and
water quality regulation issues of statewide significance.
· Provides general and special counsel services to Special Districts.
. Negotiated resolution to enforcement action involving discharge of
pollutants by major agribusiness to SWIM water body. Negotiated
resolution to dispute between municipality and independent special
district regarding water and wastewater utility service area. Successfully
guided major developer through federal wetlands permitting process for
1200 unit oceanfront condominium development.
Board certified by Florida Bar as specialist in City, County and Local
Government Law.
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
· Member: Environmental and Land Use Law, Adininistrative Law and City,
County and Local Government Law Sections of the Florida Bar;
Environmental and Land Use Committee of the Jacksonville Bar
Association.
Frequent lecturer for continuing legal education presentations on wetlands
regulation, water use regulation, and water quality regulation.
EDUCATION
· J.D. with hon~rs, University of Florida College of Law, 1975.
B.A.. with high honors, University of Florida, 1973.
JOHN W. FOREHAND
Senior Attorney. Tallahassee Office. (850) 222-5702. JFOREHAND@LLW-LAW.COM
AREAS OF PRACTICE
Motor Vehicle Franchise/Employment and Pension/
Business Transactions/Litigation/Administrative Law
Prior to joining Lewis, Longman & Walker, was a shareholder III a
Tallahassee law firm, practicing in the same areas of law.
Represents motor vehicle dealers in disputes with manufacturers and
regulatory agencies, relative to new dealership additions, relocation of
existing dealerships, dealership terminations, dealership transfers, and
vehicle allocation.
. Represents clients buying or selling motor vehicle dealerships, including
transactions involving individuals and publicly held corporations, and
assists clients in locating potential buyers or sellers.
Represents clients throughout the United States before federal and state
courts, administrative agencies, motor vehicle commissions and boards,
and appellate courts.
Successfully litigated first dealer protest in 20 years in Mitsubi.$hi Motors
Sales of America, Inc. v. King Motor Co. of Coconut Creek LTD., preventing a
dealership addition or relocation in Florida.
Represents public employers in pension and employment matters.
· Experience in environmental litigation.
. Sucessful1y litigated rule challenge invalidating St. Johns River Water
Management District rule regarding water quality standards for Lake
Apopka.
PROFESSIONAL, CMC AND COMMUNITY INVOLVEMENT
The Florida Bar Association, Member.
· The State Bar of Georgia, Member.
The Tallahassee Bar Association, Member.
· The American Bar Association, Member.
EDUCATION
J.D. with honors, University of North Carolina at Chapel Hill, 1993.
· B.S., Florida State University, 1990.
W ALTEH E. FOHEHAND
Senior Attorney. Tallahassee Office. (850) 222-5702. WFOREHAND@LLW-LAW.COM
AREAS OF PRACTICE
Motor Vehicle Franchise/Business Transactions/
Litigation/Administrative Law/Guardianship
Prior to joining Lewis, Longman & Walker, was a shareholder in the
Tallahassee law firm, practicing in the same areas of law.
Represents motor vehicle dealers in administrative hearings and litigation,
relative to additional dealership protests, terminations and dealership
transfers.
Represents clients buying and selling motor vehicle dealerships, including
transactions involving individuals and publicly held corporations.
. Represents clients throughout the United States before federal and state
courts, administrative agencies, motor vehicle commissions and boards,
and appellate courts.
Represents individuals in securing guardianships for family members.
Co-authored the article, New Regulations for Motor Vehicle Manufacturers
and New Protections/or Their Franchisees, 16 Fla. St. V.L. Rev. 763 (1988).
Authored Are New Corrections Enough for Florida's Child Abuse Registry
Statute?, 18 Fla. St. U.L. Rev. 371 (1990).
. Authored Tinkering with Tinker: Academic Freedom in the Public Schools:
Hazelwood School District v. Khulmeir, 108 S.Ct. 562 (1988), 16 Fla. St. V.L.
Rev. 159 (1988).
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
. Martindale-Hubbell, A V Rating.
The Florida Bar Association: Administrative Law Section, Member.
. Continuum Care (non-profit elder care corporation), Board of Directors,
2000-2001.
EDUCATION
J.D. with honors, Florida State University, 1988.
PhD, University of Texas at Austin, 1968.
M.A., University of Florida, 1964.
B.A., University of Florida, 1963.
.
MELISSA M. GHoss-AHNOLD
Associate. Jacksonville Office. (904) 737-2020 . MCHOSS-AHNOLD@LLW-LAW.COM
AH.EAS OF PRACTICE
Environmental/Natural Resources/Administrative/Land Use
Works with clients and consultants on land use, local government and
environmental permitting issues.
Assisted in negotiation and litigation of various matters including toxic
cleanup and bid disputes.
PRIOR PROFESSIONAL EXPERIENCE
Prior to going to law school, worked as a paralegal for Lewis, Longman &
Walker, P.A., West Palm Beach office, assisting attorneys and clients with
regard to local, state and federal government rulemaking, planning and
permitting.
During law school, worked as a research assistant in the U.F. Center for
Governmental Responsibility researching methods of anchorage regulation
and helping to facilitate workshops on anchorage and harbor management
alternatives.
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
CLE Committee of the Environmental and Land Use Law Section;
Member: Administrative Law and City, County and Local Government Law
Sections of the Florida Bar, Co-Chair.
Jacksonville Bar Association, Member.
. Florida Law Review article: Public Trust Doctrine Trims the Butler Act: Gity of
West Palm Beach v. Board of Trustees of the Internal Improvement Trust Fund,
July 1999.
. Public Interest Environmental Conference, Panelist, March 2000.
Jacksonville Community Council, Inc., Member
Northeast Florida Association of Environmental Professionals, Member
. Florida Planning & Zoning Association, Northeast Chapter, Member
Toastmasters International, Member.
EDUCATION
J.D. with high honors, University of Florida, College of Law, 1999.
Selected as Member of The Order of the Coif.
. Environmental and Land Use Law Certificate, University of Florida,
College of Law, 1999.
B.s., University of Florida, 1992.
KEVIN S. HENNESSY
Shareholder. West Palm Beach Office. (561) 640-0820. KHENNESSY@LLW-LAW.COM
AREAS OF PRACTICE
Environmental and Land Use Law/Litigation
Represents clients in the litigation of water rights, hazardous waste,
wetlands, coastal construction, environmental permitting and enforcement
issues, property rights and eminent domain.
Successfully defended owner of approximately 640-acre orange grove
against multimillion dollar flooding claim brought by neighboring farmers
and ranchers resulting in settlement which included granting of dedicated
easements to grove owner. Recovered majority of fees incurred from
liability insurers who had denied coverage.
Successfully defended agricultural districts against claims by
environmental organization and Florida Department of Environmental
Regulation alleging pumped discharge of stormwater polluted Lake
Okeechobee. Obtained dismissal of suit brought by environmental
organization with award of attorneys fees. Negotiated consent order with
State allowing continued operation of Districts and government funding of
engineering modifications to drainage system.
Obtained numerous permits challenged in state and federal administrative
and court challenges.
. Represented numerous PRPs in several Superfund sites across Florida.
Lead counsel in condemnation actions for construction of approximately
two-mile waterway by water control district.
Environmental counsel representing landowners whose property was
condemned by Broward County for airport project where County sought to
significantly devalue properties by alleging severe contamination.
PROFESSIONAL, CMC AND COMMUNITY INVOLVEMENT
Frequent lecturer on topics including coastal construction, administrative
law and environmentallitigation.
The Florida Bar Association: Environmental and Land Use Section,
Member.
Palm Beach County Bar Association: Professionalism Committee, Former
Chair. Assisted in the drafting and adoption of the Palm Beach County
Standards of Professional Courtesy.
American Bar Association: Natural Resources, Energy and Environmental
Law Section, Member.
American Inns of Court, Craig S. Barnard Chapter, Member.
Florida Democratic Party, Central Committee Member.
EDUCATION
J.D., cum laude, University of Miami, 1986.
B.A., Wake Forest University, 1983.
DE130RAH D. HOLTON
Associate. Tallahassee Office. (850) 222-5702 . DHOLTON@LLW-LAW.COM
AREAS OF PRACTICE
Administrative/Governmental Law
Acquired extensive experience in public and private sector education,
training and administration prior to attending law school; served as the
legislative liaison for two statewide educational organizations.
Practice spans a wide array of governmental and administrative matters,
including employment, pension, environmental, land use, and school law,
as well as health care and association representation.
PRIOR PROFESSIONAL ExPERIENCE
. Prior to joining Lewis Longman and Walker, served as a judicial law clerk
for Senior Judge Larry Smith and Senior Judge Doug Shivers, Florida Court
of Appeals, First District.
..';;,:"."
PROFESSIONAL, CMC AND COMMUNITY INVOLVEMENT
. The Florida Bar Association: Administrative Law Section, Environmental
and Land Use Section, Labor and Employment Law Section and Local
Government Law Section, Member.
EDUCATION
J.D. with honors, Florida State University, College of Law, 1997.
· B.S., University of Florida, College of Business, 1985.
R. STEVEN LEWIS
Shareholder. Tallahassee Office. (850) 222-5702 . SLEWIS@LLW-LAW.COM
AREAS OF PRACTICE
Environmental/Governmental/ Administrative Law
. Represents clients before state and federal govemmental bodies, agencies,
courts and the Division of Administrative Hearings in matters concerning
environmental and administrative issues.
Negotiated issuance of state and federal permits for large-scale
development involving significant impacts on wetlands.
Negotiated settlement of complex class action suit against State of Florida
involving over 3,500 plaintiffs resulting in sale of property to state for
approximately $17 million dollars.
Negotiated issuance of state and federal permits for the expansion of a
major Florida port.
Won administrative rule challenge against St. Johns River Water
Management District on water quality standards for Lake Apopka.
PRIOR PROFESSIONAL EXPERIENCE
Director, Field Operations Division, Trustees of the Internal Improvement
Trust Fund.
Deputy Director, Division of Environmental Permitting, Department of
Environmental Regulation.
Chief of Staff to former United States Congressman Bill Nelson.
PROFESSIONAL, CMC AND COMMUNITY INVOLVEMENT
Martindale-Hubbell, A V Rating
. Faculty of the Florida Chamber of Commerce Environmental Permitting
Short Course, Faculty.
Authored Spot Zoning, Contract Zoning and Conditional Zoning, Florida
Environmental and Land Use Law, 1987.
. Co-Author/Instructor: Marina Permitting Short Course, Florida Chamber of
Commerce.
The Florida Bar Association: Environmental and Land Use Law Section
and Real Property, Probate and Trust Law Section, Member.
The American Bar Association, Member.
Technical Advisory Committee to the Department of Environmental
Protection on rules pertaining to sovereign submerged lands, Member.
EDUCATION
J.D. with honors, Florida State University College of Law, 1984.
B.S., Florida State University, 1969.
TERRY E. LEWIS
Shareholder. West Palm Beach. (561) 640-0820. TLEWIS@LLW-LAW.COM
AREAS OF PRACTICE
Land Use/Environmental Law
. Represents more than 30 regional and local general purpose and special purpose
governments including the West Coast Inland Navigalion District, St Lucie County, Palm
Beach County, Leon County, Wesl Palm Beach, and Lake Worth Drainage Districl in
matters related to NPDES, Clean Waler ACl, and environmental resource permits,
developments of regional impact and the Endangered Species Act
. Represents national and regional residential, commercial and agribusiness developers such
as Adantic Gulf Communities, Bonita Bay Properties, and the Sugar Cane Growers
Cooperative before Federal, State and local agencies in matters involving Clean Water Act
and environmental resource permits, rulemaking, and comprehensive plan compliance.
Serves as counsel on environmental and land use mailers to The !'\ature Conservancy and
Florida Association of Special Districts.
Prior to becoming a lawyer, was an environmental planner and served as the Agency
Coordinator for the State Coastal Managemenl Plan.
Was a principal author of lhe State of Florida's Coastal Management Plan.
Administrative/Governmental Law/Legislative Lobbying
Represents numerous governments and private clients in stale agency rulemaking
proceedings.
. Represents private clients in licensure and disciplinary proceedings before state regulatory
boards, including the Board of Psychologists, Construction Industry Licensing Board and
the Board of Architecture and Interior Design.
Represents public and private clients before the Florida Legislature on issues involving
Florida's Water Resources Act, Local Government Comprehensive Planning Act, coastal
management, Everglades protection and local government accountability.
Serves as Legislative Counsel to the. Florida Association of Special Districts and St. Lucie
County.
Was a principal draftsman and successfully lobbied for passage of Special Districts
Accountability Act and Community Development Act.
PROFESSIONAL, Crnc AND COMMUNITY INVOLVEMENT
Martindale-Hubbell, A V Rating.
Has written and lectured extensively on coastal zone management, water law, developments
of regional impact, comprehensive planning.
The Florida Bar Association: Environmental and Land Use Section, Executive Council
Chair. 1989-1990.
American Bar Association, Member.
EDUCATION
J.D. with honors, Florida State University College of Law, 1978.
. University of Kansas, National Defense Foreign Language Scholar, Latin American Sludies,
1969-1971.
M.A. with honors, Florida State University, 1966.
IlA. with honors, Florida Slate University, 1965.
JAMES W. LINN
Shareholder. Tallahassee Office. (850) 222-5702 . JLINN@LLW-LAW.COM
AREAS OF PRACTICE
Employment/Pension Law
Represents public and private employers (management) in labor and employment law
matters, including defense of employment discrimination claims, whistle-blower and
wrongful termination claims, collective bargaining and employee benefit matters.
Advises public employers and pension boards on federal and state laws pertaining to
governmental retirement programs, and works closely with local governments and pension
actuaries in restructuring retirement benefit programs and preparing pension plan
documents and amendments.
Oblained dismissal of a lawsuit against Leon County in 1999, alleging violations of the
Americans with Disabilities Act and workers' compensation law.
Successfully defended a federal class action lawsuit against the City of Delray Beach in
1996, alleging age discrimination in retirement benefits.
Won administrative rule challenge against the Florida Division of Retirement in 1996 and
oblained award of attorney's fees for client.
Successfully represented a city and pension board in City of Orlando v. Department of
Insurance, 528 So.2d 468 (Fla. 1st DCA 1988). As a result of this case, elected and appointed
city officials are able to serve on municipal pension boards.
Administrative/Governmental Law/Legislative Lobbying
Represents statewide professional organizations in state agency rulemaking and policy
matters, and handles professional licensure and disciplinary matters before state regulatory
boards.
Represents clients before the Florida Legislature.
Successfully lobbied for veto of 1998 pension legislation on behalf of local governments.
Successfully lobbied for major revision of the Florida Nurse Practice Act in 1996 on behalf
of statewide association of advanced nurses.
.
Successfully lobbied for 1998 legislation prohibiting discrimination against advanced
nurses by managed care plans.
Successfully represented a statewide association of advanced nurses in a 1999 Board of
Medicine rulemaking proceeding.
.
PROFESSIONAL, CivIc AND COMMUNITY INVOLVEMENT
Martindale-Hubbell, A V Rating.
. The Florida Bar Association: Local Government Law Section Chair, 1995-1996.
Received Local Government Legal Advocacy Award, 1994.
EDUCATION
1.0. with honors, Florida State University College of Law, 1990.
13.8., magna cum laude, Florida Slate Universily, 1977.
ANNE LONGMAN
Shareholder. Tallahassee Office. (850) 222-5702 . ALONGMAN@LLW-LAW.COM
AREAS OF PHACTICE
Environmental and Administrative Law
Represents clients before local, slate, and federal bodies, agencies, courts and the Division
of Administralive Hearings in matters concerning environmenlal and administrative law.
Represents and advises a variety of slale agencies on adminislrative law matters, including
liligalion and rulemaking issues.
Specializes in pelroleum products regulalion, aboveground and underground storage tanks,
and regulatory and permitting issues related to bulk products facilities and pipeline
transportation, with special expertise in lhe planning, siling and permitting of linear
infraslructure facilities.
Obtained all permits for the only major liquid petroleum products pipeline constructed in
the slale in the last ten years.
Negotialed successful conclusion to complex enforcement proceedings involving technical
specifications of lhe Storage Tank Systems Rule, Ch. 62-761, FLorida Administrative Code.
Negotiated closure of alleged RCRA treatment, storage and disposal facility.
Experienced in NPDES permitting; successfully defended EPA enforcement action against
port regarding slormwater requirements.
Successfully litigated challenge 10 status of Florida Commission on Hurricane Loss
Projection Methodology.
Advises Florida Hurricane Calastrophe Fund on administrative law and rulemaking
matters.
.
Appellate Law
Handles appeals from adminislrative and circuit court litigation. Reported decisions
include: White Construction Co. v. DuPonl, 430 So.2d 915 (Fla. 1st DCA 1983); quashed in
part, 455 So.2d 1026 (Fla. 1984); appeal afler remand, 478 So.2d 485 (Fla. 1st DCA 1985);
David v. SlUI Federal Savings & Loan Ass'n., 429 So.2d 1277 (Fla. 1st DCA 1983); 461 So.2d
93 (Fla. 1984); DeCorum v. Martinez, 537 So.2d 1083 (Fla. 1st DCA 1989); Northern Palm
Beach County Water Conlrol District v. State of Florida, 604 So.2d 440 (Fla. 1992). -
PROFESSIONAL, CMC AND COMMUNITY INVOLVEMENT
Martindale-Hubbell, A V Rating.
Task Force on Placement of Linear Facilities on State Lands, Member.
· Leon County Pipeline Siting Committee, Chair.
Linear Facilities Task Force, Member.
· The Florida Bar Association: Environmental and Land Use Law Section, Member.
Tallahassee Women Lawyers, Member.
EDUCATION
J.D. with Iwnors, Florida State University College of Law, 1979.
M.A., University of North Carolina al Chapel Hill, 1973.
B.S., magna cum laude, Mercer UniversilY, 1971.
G. STEPHEN MANNING
Senior Attorney. Jacksonville Office. (904) 737-2020. SMANNING@LLW-LAW.COM
AREAS OF PRACTICE
Environmental Regulation and Litigation/Corporate/Government
Relations/Employment and Real Estate Law
Review of environmenlal audits and counseling of landowners, builders, developers,
corporations and lending instilulions on liabililies associated with real estate transactions.
Assessment of potential environmental liability associated with past solid and hazardous
wasle management praclices of corporate acquisition targets.
Represenlation of clients in federal and state courts and administrative proceedings in
environmenlal regulatory, permitting !lnd enforcement matters.
Counseling on federal hazardous waste and solid waste regulations and programs under the
Resource Conservation and Recovery Acl (RCRA) and the regulation of hazardous waste
lrealment, storage and disposal facilities.
Represenlation in government cost recovery actions, cleanup actions and private party
actions under the Comprehensive Environmenlal Response, Compensation and Liability
Act (CERCLA or Superfund).
Negoliation and execution of asset purchase and stock purchase agreements and conducting
due diligence invesligations for corporale acquisitions and mergers.
Represented a Jacksonville-based solid waste management company in five states for the
nation's firsl MSW ash recycling facilities which included beneficial reuse approval for
various commercial operalions.
As outside general counsel for a corporate owner and operator of solid waste management
facilities, provides representation in the acquisition, permitting and development of those
facilities and in solid wasle disposal revenue bond issues in excess of $30,000,000.
PRIOR PROFESSIONAL EXPERIENCE
.
Senior Trial Attorney wilh the Environmental En(orcement Section o( the U.S. Department
o( Iuslice in Washington, D.C., 1984-1988
Associate, Rogers, Towers, Bailey, Jones & Gay, 1988-1989
Associate, Mahoney, Adams & Criser, P.A., 1989-1991
Shareholder, C. Stephen Manning, P.A., 1992-2000
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
Member, The Florida Bar: Environmental and Land Use Law Section, Real Property,
Probale and Trust Law Section, Administrative Law Section and Litigation Section.
Jacksonville Bar Association.
Florida Association of Environmental Professionals.
American League of Lobbyists.
Municipal Waste Management Association.
Admilted 10 practice in Kentucky and Florida.
EDUCATION
1.0., Universily of Kcnlllcky, College o( Law, 1974
B.A., Political Science, University of Kentucky, 1971
DAVID E. RAMBA
Associate. Tallahassee Office. (850) 222-5702 . DRAMBA@LLW-LAW.COM
AREAS OF PRACTICE
Legislative, Administrative, and Employment Law/Contracts
. Represents clients before legislative and executive branches of government,
agencies, cabinet, legislative and gubernatorial commissions.
Passed legislation protecting governments from liability in constructing
and operating high-risk recreational facilities.
Passed legislative protections for governmental entities protecting them
from liability associated with Y2K computer problems.
Negotiated changes and increased the effectiveness of local government
code enforcement through legislative changes to Chapter 162, Florida
Statutes.
Successfully represented governmental entities before the Constitution
Revision Commission on elimination of the sovereign immunity of
governments.
Won administrative rule challenge against the Florida Division of
Retirement in 1996 and obtained award of attorney's fees for client.
Successfully lobbied for deep-water port expansion and submerged lands
lease before Florida Cabinet sitting as Trustees of the Internal
Improvement Trust Fund.
PRIOR PROFESSIONAL ExPERIENCE
.
Legislative Counsel, Florida League of Cities.
Attorney, State of Florida Special Disability Trust -Fund.
Intern, Finance & Taxation Committee, Florida House of Representatives.
.
PROFESSIONAL, Cmc AND COMMUNITY INVOLVEMENT
The Florida Bar Association, Member.
· Leadership Tallahassee, Member.
· City of Tallahassee Transit Advisory Committee, Chairman.
Tallahassee Young Republicans, Member.
Tallahassee Transit Advisory Committee Chair, 1997-present.
Supreme Court Certified County Court Mediator, Second Judicial Circuit.
EDUCATION
. J.D. with honors, Florida State University College of Law, 1994.
· B.S. with honors, Florida State University, 1991.
KENNETH G. SPILLIAS
Shareholder. West Palm Beach Office. (561) 640-0820 . KSPILLIA@LLW-LAW.COM
AHEAS OF PHACfICE
Appellate/Litigation/ Local Government/Mediation
Florida Bar Board Certified in Appellate Law - represents clients in appeals
before federal and state appellate courts.
Represents clients in civil, commercial and governmental litigation in all
trial courts.
Serves as general counsel as well as special counsel for municipalities in
employment discrimination, civil rights, environmental and land use
litigation.
Represents private clients in local government matters including land use,
zoning, employment, and regulatory matters before local governmental
bodies.
Serves as a Certified Circuit Court Mediator facilitating settlement of a wide
variety of litigation matters including governmental, civil rights,
employment discrimination and complex commercial actions.
Serving as co-counsel, successfully reversed a decision of the U.S. Court of
Appeals, Fifth Circuit, in the U.S. Supreme Court.
Successfully defended a brokerage firm and its president against a $17
million claim in a New York Stock Exchange arbitration proceeding.
While representing a bank in a $20 million shopping center foreclosure
matter, successfully resisted an attempted 'cram-down' in Chapter 11
Banlauptcy proceedings, leading to a successful settlement of the action.
Successfully reversed a sexual discrimination judgment against the City of
Riviera Beach in the U.s. Court of Appeals for the Eleventh Circuit.
Obtained a difficult rezoning approval for an Assisted Living Facility at the
county level in the face of a new environmental ordinance which had the
potential of rendering the property unusable for the purpose desired.
· Successfully appealed a directed verdict against a housing project developer
on its $6 million breach of contract action against a county in a failed
public/private venture. .
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
Martindale-Hubbell, A V Rating.
West Palm Beach Planning Board, Vice-Chairman.
Florida Municipal Attorneys Association.
City, County and Local Government Section, The Florida Bar.
Palm Beach County Literacy Coalition, Board of Directors and Past
President.
Florida State Comprehensive Plan Committee, 1985-1987.
Palm Beach County Commissioner, 1982-1986.
Palm Beach County and American Bar Associations.
EOUCATION
J.D., magna cum laude, University of Pittsburgh School of Law, 1974.
B.A., Pennsylvania State University, 1971.
EDWIN A. STEINMEYER
Shareholder. Tallahassee Office. (850) 222-5702 . ESTEINME@LLW-LAW.COM
AREAS OF PRACTICE
Environmental/ Administrative/Natural Resources/Land Use
Represents clients before local, state and federal governmental entities and
agencies, federal, state appellate, and state circuit courts and the Division
of Administrative Hearings concerning environmental, administrative,
land use and civil issues.
Successfully represented the Florida Department of Transportation in
administrative challenges to the permitting of the forty-two mile Suncoast
Parkway 1 limited access toll facility.
An an attorney for the Florida Department of Environmental Protection,
served as the General Counsel's representative to Department Executive
and Agenda staff meetings and cabinet meetings, drafted agency final
orders, assisted in complex Department litigation and supervised the review
and approval of all Department contracts.
Successfully represented the Florida Department of Environmental
Protection in administrative, circuit civil and appellate challenges. to the
Conservation and Recreation Lands (CARL) program.
Successfully represented the Florida Department of Environmental
Protection in administrative and appellate challenges to the Department's
coastal barrier island rules.
..... ;
PRIOR PROFESSIONAL EXPERIENCE
. Attorney, Florida Department of Natural Resources, 1991-1993.
· Senior Attorney, Florida Department of Environmental Protection, 1993-
1997.
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
The Florida Bar Ansociation: Administrative Law Section, Environmental
and Land Use Law Section, Member.
· Authored Dredging up the Butler Act, in The Florida Bar Journal, Apri11999.
EDUCATION
J.D., University of Florida, 1990.
B.S.B.A., University of Florida, 1987.
STEPHEN A. WALKER
Shareholder. West Palm Beach Office. (561) 640-0820. SWALKER@LLW-LAW.COM
AREAS OF PRACTICE
Water Law/Administrative Law
Almost 25 years experience in environmental and water-related issues in
Florida.
Special environmental counsel to the Seminole Tribe of Florida. Advises
and advocates for the Tribe on Everglades issues, water rights, Clean Water
Act implementation, and various state and federal regulatory matters.
As General Counsel for South Florida Water Management District
(SFWMD), negotiated an historic Water Rights Compact between the
Seminole Tribe and SFWMD. Negotiated Everglades Settlement Agreement .
with Federal government. Developed the legal framework for most SFWMD
regulatory programs, including consumptive use, wetlands and surface
water management.
As General Counsel for the Southwest Florida Water Management District,
was involved in the development and adoption of the Surface Water
Management Permitting Program and the Water Shortage Plan.
Water Utilities
Represents water utilities, such as Florida Water Services (fka Southern
States Utilities) in consumptive use and environmental permitting, water
use litigation, and advocating for proactive water supply development
strategies affecting the industry.
Assisted in drafting and ad,vocating sound water and wastewater reuse
legislation on behalf of utility clients.
,
PRIOR PROFESSIONAL EXPERIENCE
General Counsel, South Florida Water Management District, 1985-1991.
General Counsel, Southwest Florida Water Management District, 1983-
1985.
PROFESSIONAL, CMC AND COMMUNITY INVOLVEMENT
The Florida Bar Association: Executive Council, Former Member;
Environmental and Land Use Law Section, Member.
Palm Beach County Bar Association, Member.
American Bar ASsociation, Member.
Co-authored Florida Water Resources: Surface and Storm water Management,
in The Florida Bar Journal, May 1982.
EDUCATION
J.D. with honors, University of Florida, College of Law, 1974.
B.A. with honors, Pennsylvania State University, 1969.
KIMBEHLY D. LIPPMAN
Paralegal. West Palm Beach Office. (561) 640-0820. KLIPPMAN@LLW-LAW.COM
AREAS OF PHACTICE
Environmental and Local Government
Assists attorneys on matters concerning water law, environmental
permitting and environmental regulation.
Assists attorneys with preparation of presentations before federal, state and
local entities.
Conducts legal and factual research for environmental and administrative
matters.
Reviews public records; compiles necessary information and backup
materials for environmental permit applications and proof of permit
compliance.
Obtains pertinent historic maps, aerial photos and data for environmental
matters.
.
Acts as liaison between clients, attorneys and agency staff; attends and
monitors public meetings and hearings of various local, state and federal
entities.
Assists attorneys in all aspects of litigation.
PROFESSIONAL, CMC AND COMMUNITY INVOLVEMENT
Member, Paralegal Association of Florida, Inc. (flea Florida Legal
Assistants, Inc.).
EDUCATION
. Paralegal Certificate Program, Dean's and Director's List, Dominion
College, 1998.
FRANCINE SHAY, CLA
Certified Legal Assistant. West Palm Beach Office. (561) 640-0820. FSHAY@LLW-LAW.COM
AREAS OF PRACTICE
Environmental/ Governmental/Land Use/Li tigation
Assists attorneys with Ii ligation case management and strategy; galhers, organizes and
analyzes discovery. documents and exhibits; interviews witnesses; provides manual and
compulerized litigation support; drafts motions, orders, and discovery requests and
responses; and prepares for and assists at depositions and trials.
Reviews public records; compiles necessary information and backup for environmental
permit applicalions and proof of permit compliance; and assists with drafting responses to
non-compliance notices.
Conducts legal and faclual research.
Obtains pertinent historic maps, aerial photos, and meteorological data for environmental
matters.
Prepares applicalions and compiles required documents for approval of developmenl order
amendments through County Zoning Division.
Drafts and coordinates submittals of proposed legislation and statutory slatements and
notices prior 10 legislative sessions.
Designed efficienl dalabase system to organize thousands of documents obtained through
public records searches at various environmental agencies to enable quick access 10 all
documents for complex administrative litigation action involving Lake Okeechobee
permitting issues.
Coordinated and prepared required documentation for comprehensive application
requirements resulting in approvals of amendments to the development order of an
international airport.
Coordinated and implemented notice to more than 90,000 landowners in compliance with
rigorous statutory requirements for a large water control district to ensure passage of an
amendment to the district's water control plan.
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
Legal Assistant Today (national professional publication) Editorial Advisory Board Member;
fealured as environmental paralegal in May/June 1999 issue.
Paralegal Association of Florida, Ine. (fk.a Florida Legal Assistants, Inc.): Public Relations
Committee Chair 2000; In Brie/Editorial Board Member, 1997-1999.
Palm Beach. County Chapter of Paralegal Association of Florida, Inc.: Career Network
Committee, Chair; Parliamentarian, 1992-1994 and 1996-1997; Law Week Committee
Chair, 1994.
The Florida Bar Association: Practice Management & Technology Section, Affiliate Member.
· National Association of Legal Assistants (NALA), Member.
EDUCATION
.
Certified Legal Assistant, awarded by the National Association of Legal Assislants, 1989.
ItA., cum laude, Brooklyn College of the City University of New York., 1972.
ANGELA W. WYLIE
Paralegal. Tallahassee. (850) 222-5702 . AWYLIE@LLW-LAW.COM
AREAS OF PRACTICE
Governmental Affairs/Environmental Law and Permitting/
Labor and Employment/Litigation
Acts as a liaison between clients, attorneys and legislative staff; monitors
legislative activities and status of legislation; drafts legislation and support
documentation; coordinates firm lobbying efforts with legislative staff;
attends committee meetings and sessions of the Legislature; reports to
clients regarding legislative activities; performs legislative history research
on laws passed by the Legislature.
Supports firm attorneys in all aspects of litigation; drafts pleadings,
motions, discovery and discovery responses; compiles, organizes, and
analyzes documents produced by parties and through public 'records
requests to agencies; coordinates. with clients, witnesses, agency personnel
and judicial staff; assists in preparing for and attends trials, hearings, and
depositions, including preparation of witnesses, coordinating witness
.schedules, and management of documents; and assists in preparation of
post-trial motions, proposed orders and appellate briefs.
· Provides support in labor and employment practice; researches and drafts
employment policies; researches background for and drafts submittals to
Public Employees Relations Commission, Equal Employment Opportunity
Commission, and Florida Commission on Human Relations; and provides.
research support for drafting pension ordinances for government clients.
· Provides legal support to professional association clients and establishes
and manages state political committees on behalf of clients.
· Coordinates with attorneys, clients and permitting agencIes In
environmental permitting matters.
Collaborated on the development, publication, and copyright of A Uniform
Procedure Manual for Fire Control Districts for fire districts throughout the
State of Florida.
· Supported the firm's successful defense of a county permit for construction
of a coastal protection device.
· Successfully coordinated issuance of environmental permits for a bikepath
project and development of an island recreational area for a county
government.
PROFESSIONAL, Cmc AND COMMUNITY INVOLVEMENT
National Federation of Paralegal Associations, Inc., Member.
EDUCATION
Lawyer's Assistant Program of the National Center for Paralegal Training,
1990.
B.A., Florida State University, 1990.
City of Winter Springs
Pension Attorney Services
RFQ# 006-01/GD
Proposal Submitted On Behalf Of
Kalish & Ward, P.A.
101 E. Kennedy Blvd., Suite 4100
Tampa, FL 33602
(813) 222-8700
By
Kelley A. Bosecker, Esquire
April 27, 2001
KELLEY A. BOSECKER'
CHA.RLRS fl. CARVER
L=nA H" DuPms
BEET liAML1:N
R. RBw HANny
RONALD G. flO<lK
WILLIAM KALrSU'
JANIOE KAy !.AWRBNOE
KALISH & WARD
PROFeSSIONAL ASSOCIATION
ATToRNeyS AT LAW
. Bo.A.R..D CBIl"I"IFmD TAX LAw
4100 BANK OF AMERICA PLAZA
101 EAST KENNEDY BOULEVARD
TAMPA FLORIDA 33602-5152
TELEPHONE: (613) 222-6700
FACSIMILE: (613) 222-6701
PLE.A.SB REPLY To:
P.o. BOX 71
TAMPA. FLORIDA 33601-0071
April 27, 2001
Gene DeMarie
Director of General Services
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, FL 32708
TOMHv D. PEllMBNTER. JR.
!.AURIE 1.. PuOKETT
KLasTEN L. R:r<KAaT
Roonn J. ROVELL
R. DENNIS TwEEn
AUGUST M. VAN EEPOEL
.ALTON C. WARD
RODBRT S. WJ:LLlAMS
WRITER'S DIRECT LINE:
(813) 222-8722
Re: Request for Qualifications - RFQ #006-01/GD - Pension Attorney Services
Dear Sir:
Thank you for the opportunity to submit a proposal to provide legal services to the City of
Winter Springs, Florida ("City") with respect to pension matters.
The attachments to this letter provide the requested information about the backgrou.nd of
our firm and our experience and expertise in the employee benefits area. Since"the firm has one
location, the work will be done from our Tampa office.
As indicated by the attached information on our employee benefits practice, our firm has
substantial . experience in governmental employee benefits matters. A listing of the Florida
municipalities and governmental entities for which we have performed or are performing services is
also included as an attachment to this letter. I manage and supervise the governmental employee
benefit work for our firm. I will be primarily responsible for any services provided to the City of
Winter Springs, but as appropriate and when necessary, will utilize other attorneys or legal
assistants to assist on your file (see attached resumes):
We hope this information is sufficient to assist you in your decision regarding legal
representation with respect to pension services for th City of Winter Springs. If you need any
additional information or have any questions, please f el free to call me.
KABllh
Enclosures
u.
133109-9001.965432
City of Winter Springs-Pension Attorney Services
RFQ #006-01/GD
FIRM QUALIFICATIONS
Since its inception in 1990, our firm has, by design, concentrated on providing clients with
the highest level of professional service on a timely basis. We pride ourselves on being able to
provide our clients with genuine expertise throughout the full spectrum of employee benefits
matters.
Enclosed is a copy of our firm's resume which provides information about our firm, our
attorneys and their areas of expertise. We are proud of the academic and professional
achievements of our attorneys. We believe they are the essential foundation for our
commitment to excellence and the quality of services provided to our clients. All of our attorneys
are in good standing with the Florida Bar. We have one office in Tampa, Florida.
The enclosed firm resume includes the information listed in the Request for Qualifications
regarding the date the firm was established, the names and biographical sketches of all
attorneys, the Bars to which our attorneys are admitted, and the dates of admission.
The firm is listed in the Martindale Hubbell Bar Reqister of Preeminent Lawvers which
lists those select lawyers and law firms who have received the highest rating in the legal
profession and who have been chosen by their colleagues as preeminent in their fields.
EMPLOYEE BENEFITS PRACTICE
Our firm has the largest employee benefits practice in the State of Florida, with nine
attorneys and a legal assistant who are involved with employee benefit matters on a full-time
basis. We have enclosed additional information regarding the attorneys in our employee
benefits practice in the enclosure entitled "Kalish & Ward Employee Benefits Practice".
Our clients are involved in a full range of activities, from agricultural to industrial as well as
many municipalities, counties, school and fire districts, public companies, and not-for-profit
organizations, loeated throughout the State of Florida.
We currently represent several municipalities, counties, pension boards and fire districts
with respect to their general pension. plans, and police and fire pension plans. This
representation includes ongoing advice with regard to plan operation, administration and tax and
legal compliance, including advice with respect to loeallaw pension plans under Florida Statutes
Chapters 175 and 185. We also do work for several municipalities and counties with regard to
their deferred compensation plans, severance plans, health plans, flexible benefit plans and
other types of welfare plans. We work with these clients as to all aspects of their plans including
state and federal legal requirements and tax. qualification requirements. We have been
substantially involved in the drafting of plan documents and ordinances to adopt and amend
pension plans, and in providing advice to cities, counties, pension boards and special districts
regarding all types of employee benefits issues.
KALISH & WARD
City of Winter Springs-Pension Attorney Services
RFQ #006-01/GD
PERFORMANCE SPECIFICATIONS
Kalish and Ward, P.A., agrees to exceed the performance expectations listed in Section
B. of the Request for Qualifications without exception. In response to that Section, please note
that our firm has been established as a legal entity and licensed in the State of Florida since
1990 (i.e., more than five years), and .has been providing legal services with respect to pension
matters since its inception. Our services include but are not limited to continuous review of all
plan documents and the Code of Ordinances. All Kalish and Ward attorneys are in good
standing with the Florida Bar Association. (Please see attached resumes for attorneys'
relevant certifications and specialized training in pension matters.)
City of Winter Springs-Pension Attorney Services
RFQ #006-01/GD
KALISH & WARD, P.A.
EMPLOYEE BENEFITS-REPRESENTATIVE CLIENTS
Governmental Clients
City of Tampa
City of Lakeland, Pension Boards for
General, Fire and Police Pension Plans
City of Clearwater
City of St. Petersburg
City of Gulfport
City of Madeira Beach
City of Dunedin
City of Wauchula
City of Belleview
City of Belleair Bluffs
City of Cocoa
City of Seminole
City of Tarpon Springs
County of Monroe
Hillsborough County
Lee County
Hillsborough County School District
Southern Manatee Fire and Rescue District
Cedar Hammock Fire and Rescue Department
Other Clients
Florida Health Sciences Center, Inc. (d/b/a Tampa General Healthcare)
BayCare Health System
All Children's Hospital
Munroe Regional Health System
Eckerd Corporation
BPB America, Inc.
Celotex Corporation
Walter Industries
Altadis, Inc. (f1k1a Havatampa, Inc.)
National Beverage Corporation
Electric Fuels Corp. (a Florida Progress Company)
Raymond James Financial, Inc.
Salem Trust Company
BAE Flight Simulation & Training, Inc.
Florida Employers Insurance Service Corporation
Aerosonic Corporation
Lincare, Inc.
US Agri-Chemicals Corp.
Pueblo International
Tech Data Corporation
Danka Industries
The Florida Bar
Paradyne Corporation
Peace River Electric Cooperative, Inc.
Physicians Sales & Services, Inc.
City of Winter Springs-Pension Attorney Services
RFQ #006-01/GD
REFERENCES
Maureen Freaney,
Assistant City Manager
City of Dunedin, Florida
(727) 298-3002
Gary Clark, Director
Department of Civil Service
and Retirement
Pension Board of the
City of Lakeland
Lakeland, Florida
(863) 834-8794
Lana K. Bilchak
Director of Compensation and Benefits
BayCare Health System, Inc.
St. Anthony's Resource Center
St. Petersburg, FL 33705
(727) 825-1473
Sheila Barker, Human Resources Director
County of Monroe
Key West, FL 33040
(305) 292-4537
Additional references available upon request.
K AI I~H & WARD
NON-COLLUSION WITH -
AND NON-INTEREST OF - CITY EMPLOYEES
Description of Contract:
Kalish & Ward, P.A.
Name of company responding
PENSION ATTORNEY SERVICES FOR THE CITY OF WINTER
SPRINGS, FLORIDA
STATE:
COUNTY:
FLORIDA
SEMINOLE
Kelley A. Bosecker. Esquire
Name of authorized individual signing
being the first duly sworn, deposes and says that he/she is the respondent in the above SUBMITTAL,
that the only person or persons interested in said submittal are named therein; that no officer, employee
or agent of the City of Winter Springs or of any other party is interested in said request for'
qualifications; and that affiant makes the above proposal with no past or present collusion with any
other person, firm or corporation.
IWo'
KELLEY A. BOSEOXER'
GHARLES H. GARVER
L=nA H. DuPms
BRlIT LlAMLlN
R. RlnD liANEY
RONALD G. HOCK
WII.LlAM KALrSH'
JANICE KAy LAWRENCR
KALISH .& WARD
PROFeSSIONAL ASSOCIATION
ATTORNE:YS AT LAW
ToMMY D. PERM.ENTBR, Ja.
LAURIE L. PUOKETT
KulsTEN L. Il.EKART
ROGER J. ROVELL
R. DENNIS TwEED
AUGUST M. VAN EEPORL
ALTON G. WARD
ROBERT S. WXLLIAMB
.BOABD GXB:TTPTHD TAX lAw
4100 BANK OF AMERICA PLAZA
101 EAST KENNEDY BOULEVARD
TAMPA. FLORIDA 33602-5152
TELEPHONE: (813) 222-8700
FACSIMILE: (813) 222-8701
PLBA..sE RBPLY To:
P.O. BOX 71
TAMPA. FLORIDA 33601-0071
FIRM RESUME
April 25, 2001
KALISH & WARD was founded in September 1990 by eight attorneys who were formerly with one
of the largest law firms in Florida. The firm is listed in the Martindale Hubbell Bar Register of Preeminent
Lawyers which lists those selected lawyers and law firms who have received the highest rating in the legal
profession and who have been chosen by their colleagues as preeminent in their fields.
PRACTICE AREAS
The legal practice at KALISH.& WARD is divided into the general areas of business and tax
planning, employee benefits and ERISA, health care and real estate.
Our business and tax planning capabilities include all types of business and contract transactions;
federal, international, and state law tax matters, including planning, tax. controversies and litigation;
organization and formation of corporations, charities and other business entities; capital raising transactions
from.private placements to public offerings; partnership law; corporate and securities laws matters; lending
and financing work; professional associations; banking and financial institutions regulation; estate planning,
probate administration and probate litigation; elder law matters; consumer law; automobile dealership law;
computer law; and intellectual property and technology law.
Our employee benefits and ERISA capabilities include all areas of employee benefits: employment
and deferred compensation arrangements; stock option, restricted stock and phantom stock plans; qualified
pension, profit sharing, employee stock ownership, and 401(1<) plans; welfare and flexible benefit plans; and
federal and state securities registration of employee benefit plans. In dealing with the requirements of
ERISA, we COWlSel clients on fiduciary responsibility, advise them on prohibited transactions, termination
and exemption issues and represent them before the Internal Revenue Service, the U.S. Department of
Labor and the Pension Benefit Guaranty Corporation.
Kalish & Ward
Firm Resume
Page 2
The capabilities of our health care group include a full range of services in the operational,
regulatory, reimbursement and transactional aspects of health care. These include managed care,
organization and structure of provider groups, networks, ancillary services centers and integrated delivery
systems, mergers, acquisitions, reorganizations and affiliations, fraud and abuse, antitrust plarming, exempt
organizations, medical staff and credentialing, physician contracting, Medicare, Medicaid and third-party
reimbursement issues, certificate of need, licensure and certification matters, professional regulation and
other administrative law matters, and patient rights.
Our real estate capabilities include all phases .of real estate lending, refinancing and workout
transactions; acquisition, development, construction, and sale of residential and commercial improved and
unimproved real estate; tax free like-kind exchanges; condominium and owner's association creation and
operation; zoning, land use, permitting, and environmental regulation; residential and commercial leasing
transactions, real estate litigation, including landlord tenant, mortgage foreclosures, contract, construction,
boundary and title litigation. The firm is also an authorized agent for Lawyers Title Insurance Corporation,
Chicago Title Insurance Company, First American Title Insurance Company and Attorneys' Title Insurance
Fund.
ATTORNEYS
The following is a list of the attorneys at KALISH & WARD with brief biographical information
about each of them:
WILLIAM KALISH, born Elizabeth, New Jersey, June 4, 1946; admitted to bar, 1970, District of
Columbia; 1976, Florida. Education: University of Pittsburgh (B.A., 1967); George Washington
.University (J.D., with honors, 1970); Omicron Delta Kappa and Phi Delta Phi. Trial and Appellate
Attorney, Attorney General's Program for Honor Law Qnlduates, Tax Division, U.S. Department of Justice,
Washington, D.C., 1970-1976. Chairman: Accumulated Earnings Tax and Personal Holdings Companies
Subcommittee, Closely Held Corporations, 1979-198 I; Chairman, Collection, Taxpayer Services, Service
Center Operations Subcommittee, Administrative Practice, 1981-1987; Administrative Practice, Vice
Chairman, 1987-1990,. Chairman, 1990-1992; Membership and Marketing Committee, Vice Chairm~
1993-1995, Chairman,. Membership and Marketing Committee, 1995--1997, Section of Taxation, American
Bar Association. Chairman, Grievance Committee, Hillsborough County, The Florida Bar, 1984-1986;
Florida Board of Bar Examiners, 1989-1994, 1995-1996, Chairman, Florida Board of Bar Examiners, 1993-
1994, Emeritus Member, 1996--. Master, Justice William Glenn Terrell American Inn of Court, 1991-;
Treasurer, 1994--. Chairman, Professional Courtesy Committee, 1995-2000; Chairman Peer Review
Committee, 1995--, Hillsborough County Bar Association. Chairman, Hillsborough County. Bar
Foundation, 1998--. Member: The Florida Bar Board of Governors, 1998--. Member: The District of
Columbia Bar and The Florida Bar. Board Certified Tax Lawyer,. Florida Bar Board of Legal
Specialization and Education. Practice Areas: Corporate Planning; Mergers and Acquisitions; Estate
Planning; Tax Law; Tax Controversies.
Kalish & Ward
Firm Resume
Page 3
ALTON C. WARD, born La Grange, Georgia, December 6, 1948; admitted to bar, 1983, Florida.
Education: University of Georgia (B.B.A., 1970); University of Tampa; Stetson University (J.D., 1982);
Phi Delta Phi. Contributing Editor: The Tax Times, 1986-1988. Co-Author: A Physician's Guide to
Professional Corporations, American Medical Association, 1989; An ESOP Can Be An Effective Anti-
Takeover Device, The National Law Journal 25, 1986, Author: The Personal Service Corporation After
TEFRA: To Be or Not to Be? 12 Stetson Law Review 404, 1983. Member: Stetson Law Review, 1981-
1982. Board of Trustees and Legal Counsel, 1990 --, The Florida Bar Employees' Pension Plan. Southern
Employee Benefits Conference, 1989 -; Chairman, Tampa Bay Pension Council, 1992 --; Florida West
Coast Employee Benefits Council (Board of Directors, 1983-1989; Secretary, 1984-1985; Vice President,
1985-1986; President-Elect, 1986-1987; President, 1987-1988). The Florida Bar (Executive Council and
Vice Chairman, Employee Benefits Committee, Tax Section, 1984-1992); American Bar Association
(Member, Sections on: Employee Benefits Committee, Tax Section, 1984 --; Corporation, Banking and
Business Law, 1986 --). Practice Areas: Employee Benefits Law; ERISA; Pension and Profit Sharing
Law; Qualified Retirement Plans; Deferred Compensation.
ROGER J. ROVELL, born Orlando, Florida, February 7, 1954; admitted to bar, 1980, Florida; 1983,
Georgia. Education: University of South Florida (B.A., 1977); Stetson University (J.D., (980); University
of Florida (LL.M. in Taxation, (982). Co-Author: Executive Compensation Plans, Chapter 23, Florida
Corporations-Law and Practice, Matthew Bender. Member: Tax Section, Health Law Section and
Employee Benefits Committee, The Florida Bar; Tax Section, American Bar Association; Florida West
Coas~ Employee Benefits Council (Board of Directors, Past-President); National Health Lawyers
Association; State Bar of Georgia. Practice Areas: Employee Benefit Law; ERISA; Pension and Profit
Sharing Law; Qualified Retirement Plans; Deferred Compensation; Employee Leasing.
R. REID HANEY, born Somerset, Kentucky, December 17, 1960; admitted to bar, 1987, Florida
Education: . Murray State University (B.S., cum laude, 1983); University of Kentucky (J.D., (987); Pi
Sigma Alpha; Phi Delta Phi; Carr Scholar; Associate Editor, Kentucky Law Journal, 1986-1987. Member:
Business Law Section and Health Law Section, American Bar Association; Corporations and Securities
Law Committee, Business Law Section, Healthcare Law Section, Florida Bar; American Health Lawyers
Ass0ciation; Florida Hospital Association; Special Children's Council, Hillsborough County Bar
Association. Practice Areas: Business entities; Mergers & Acquisitions; Corporate Finance and Securities
Law; Healthcare; and Franchising.
CHARLES H. CARVER, born Hattiesburg, Mississippi, April 11, 1963; admitted to bar, 1989,
Florida. Education: University of Florida (RA., Public Relations, 1985; J.D., 1988); Florida Blue Key,
President; Omicron Delta Kappa and Savant UFo Member: 1993-94 National Chair, Real Property Law
Committee, American Bar Association, Young Lawyers Division; 1992-93 National Vice Chair, Real
Property Law Committee, American Bar Association, Young Lawyers Division; American Bar Association
Real Property, Probate & Trust Law Section and Natural Resources, Energy & Environmental Law Section;
1997-98- Executive Council, Vice-Chair, Model & Uniform Acts Conunittee, The Florida Bar Real
Property, Probate & Trust Law Section; HiUsborough County Bar Association. Co-Author: The Americans
with Disabilities Act and Real Property Ownership, Operation and Financing, May/June 1992 issue of
actionline published by The Florida Bar Real Property, Probate & Trust Law Section; Author: Real
Property Law Desk Top Reference Guide, publication pending by the American Bar Association, Young
Kalish & Ward
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Page 4
Lawyers Division. Member: National Association of Industrial and Office Properties Tampa Bay Chapter
Board of Directors; Attorneys' Title Insurance Fund. Practice Areas: All aspects of real estate, including
acquisition, sale, development, financing, leasing and title insurance; Probate and administration of estates.
KELLEY A. BOSECKER, born Cincinnati, Ohio, August 28, 1958; admitted to bar, 1983, Ohio,
1984, Florida. Education: Bowling Green State University (B.S.B.A., Accounting and Legal Studies,
1980); The University of Toledo College of Law (J.D., (983); University of Florida (LL.M. in Taxation,
1984); Alpha Lambda Delta; Omicron Delta Kappa; Mortar Board. Board Certified Tax Lawyer, Florida
Bar Board of Certification (1989). Member: Tax Section, The Florida Bar; Tax Section, American Bar
Association; Florida West Coast Employee Benefits Council (Board of Directors, 1995- ); Hillsborough
County Bar Association (Co-Chair Tax Section, 1998-1999); HilIsborough County Association of Women
Lawyers; Leadership Broward Alumni; Florida Public Pension Trustees Association; Tampa Bay Estate
Planning Council and National Women In Pensions, Inc. Practice Areas: Employee Benefit Law; ERISA
Qualified Retirement Plans; Deferred Compensation; Tax Law; Estate Planning.
R. DENNIS TWEED, born Phoenix, Arizona, January 24, 1951; admitted to bar, 1983, Florida; 1985,
U.S. Tax Court and U.S. District Court, Middle District of Florida. Education: University of Florida (B.A.,
with high honors, 1973; J.D., with honors, 1982; LL.M. Taxation, 1984). Phi Beta Kappa; Phi Delta Phi.
Member: Tax Section, The Florida Bar; Tax Section, American Bar Association; Florida West Coast
Employee Benefits Council; Hillsborough County Bar Association. Practice Areas: Employee Benefit
Law; ERISA; Pension and Profit Sharing Law; Qualified Retirement Plans; Deferred Compensation.
AUGUST VAN EEPOEL, born New York, N.Y., May 30, 1948; admitted to bar, 1973, Florida
Education: University of Florida (B.S.B.A.., with honors, 1970; J.D., with honors, 1972). Phi Kappa Phi;
Beta Gamma Sigma. Executive Editor, University of Florida Law Review, 1972, Charter Member, Florida
International Law Moot Court Board, 1971-1972. Certified Public Accountant, Florida, 1974-1987.
Attorney, 1973-1987 and Stockholder Member of Firm, 1978-1987, Trenam, Simmons, Kemker, Scharf,
Barkin, Frye & O'Neill, P.A., Tainpa, Florida. Adjunct Instructor in Taxation, University of South Florida,
f978-1989. Member; Executive Council, 1975-1989, Executive Committee, 1985-1989, Division
Chairman, 1985-1987, Division Vice Chairman, 1983-1985 and Treasurer, 1987-1988, Tax Section, The
Florida Bar. Member, Board of Directors, 1980-1987, Secretary, 1982-1983, Treasurer, 1983-1984, Second
Vice President, 1984-1985, First Vice President, 1985-1986 and President, 1986-1987, Tampa Bay Estate
Planning Council. Member, Board of Governors, 1982-1988, Secretary, 1984-1985, President-Elect, 1985-
1986 and President, 1986-1987 , West Coast Chapter, Florida Institute of Certified Public. Accountants.
Member, 1984-1989, Executive Conunittee, 1984-1987 and Chairperson, 1984-1985, Accounting
Advisory Council, College of Business Administration, University of South Florida. Chairman, Host
Council Planning Committee, 1986 Annual Convention, National Association of Estate Planning COWlcils,
1985-1986. Board Certified Tax Lawyer, Florida Bar Board of Certification, 1982-1987. Member:
Hillsborough COWlty and American Bar Associations; The Florida Bar. Practice Areas: Corporate,
Business, Estate Planning, Tax and Probate Law. Mergers and Acquisitions.
BRET HAMLIN, born Canton, Ohio, April 24, 1963; admitted to bar, 1991, Ohio; 1995, Florida
Education: University of Akron (B.S., Accounting, (985); University of Akron School of Law (J.D., 1991);
Member: Tax Section, American Bar Association; The Florida Bar; Hillsborough County Bar Association;
Kalish & Ward
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Page 5
Florida West Coast Employee Benefits Council and Tampa Bay Pension Council. Practice Areas:
Employee Benefits Law; ERISA; Pension and Profit Sharing Law; Qualified Retirement Plans; Deferred
Compensation.
LAURIE L. PUCKETT, born Green Bay, Wisconsin, January 7, 1966; admitted to bar, 1994,
Florida; 1995, U.S. District Court, Middle District of Florida; 1996, Eleventh Circuit Court of Appeal.
Education: University of Hawaii (B.A., with honors, 1989); Stetson University (J.D., 1993). Member:
American Bar Association, Labor Section, Tax Section and Young Lawyers Division; Hillsborough
County Association of Women Lawyers; Tampa Bay Pension Council; Florida West Coast Employee
Benefits Council; Practice Areas: Employee Benefit Law; ERISA; Pension and Profit Sharing Law;
Qualified Retirement Plans; Deferred Compensation.
KIRSTEN L. REKART, born Creve Coeur, Missouri, November 16, 1969; admitted to bar, 1997,
California, 1999 District of Columbia. Education: James Madison University, Harrisonburg, Virginia
(B.B.A., 1991); GeQrge Mason School of Law, Arlington, Virginia (J.D., 1997); Practice Areas:
Employee Benefits Law, Deferred Compensation, ERISA, Retirement Plan Qualification, Non-qualified
Plans and Welfare Plans.
ROBERT S. WILLIAMS, born Paterson, New Jersey, October 6, 1965; admitted to bar, 1995, Florida,
U.S. District Court, Southern District of Florida (1998) and U.S. Tax Court.( (995). . Education: . Broward
Community College (A.A., 1988); Florida State University (B.S., Accounting, 1990); University of Miami
(J.D., cum laude, 1994);. Georgetown University (L.L.M., Taxation, with distinction, 1995). Beta Alpha
Psi; Phi Alpha Delta. Internal Revenue Agent, Coordinated Examination Program, 1991-1995. Member:
The Florida Bar (Tax and Real Property and Probate Sections); Hillsl?orough County Bar Association (Tax
Section); Attorney's Title Insurance Fund, Inc.; Tampa Bay Estate Planning Council; Planned Giving
Advisory Council, Easter Seals Florida, Inc. Trustee Member: Greater Tampa Chamber of Commerce. .
Trustee: The Spring of Tampa Bay, Inc. Practice Areas: Federal Taxation; State Taxation; Local Taxation;
Tax Controversies; Probate; Probate Litigation; Guardianship; Guardianship Litigation; Estate Planning;
Real Estate; Trust Law; Corporate Law.
RONALD G. HOCK, born Johnson City, New York, October 14, 1958; admitted to bar, 1984,
North Carolina, Florida, and U.S. Tax Court. Education: State University of New York at Albany
(B.S., magna cum laude, 1980); Duke University (J.D., 1983); New York University (LL.M. in
Taxation, 1984). Phi Delta Phi. Author: "Sales Tax Consequences of Sales of Business Assets,
Corporate Reorganizations, Incorporations, and Contributions to Capital," 65 The Florida Bar Journal
34, April, 1991; "The Use of International Finance Subsidiaries in the Netherlands Antilles," 9 North
Carolina Journal of International Law and Commercial Regulation 51, 1983. Member: The North
Carolina State Bar; The Florida Bar. Practice Areas: Mergers and Acquisitions, Federal and State
Taxation, Tax Controversies and Litigation.
JANICE K. LAWRENCE, born Harlingen, Texas, admitted to bar, 1997, New Jersey and 1999
District of Columbia. Education: University of Texas (B.A. 1987); University of Utall College of Law
(J.D., Order of the Coif, 1996) and New York University School of Law (LL.M. in Taxation, 1997).
___ ...... .,.,r. _~___
Kalish & Ward
Firm Resume
Page 6
Adjunct Professor at Stetson University College of Law - Federal Income Tax. Member: American Bar
Association. Practice Areas: Employee Benefits Law, Executive/Deferred Compensation; ERISA and
Qualified and Non-qualified Retirement Plans.
LINDA H. DUPUIS, born Harrisburg, Pennsylvania, admitted to bar, 1995, Florida.
Education: University of Florida (B.S., 1978; J.D., with honors, 1995; LL.M., 1998). Order of the
Coif. Senior Articles Editor, Florida Journal of International Law, 1993-1994. Author; Note, "The
Environmental Side Agreement Between The U.S. and Mexico, Effective Compromise," 9 Fla. J.
IntI. L. 471 1993. Member: Hillsborough County Bar Association; The Florida Bar (Member, Tax
and Corporate Sections, 1998). Business entities; Mergers & Acquisitions; Corporate Finance and
Securities Law; Hea1thcare; and Franchising.
ToMMY D. PERMENTER, JR., born Arcadia, Florida, June 18, 1971; admitted to bar, 1997,
Florida and 1998, South Carolina. Education: Central Florida Community College (A.A., 1991);
University of Florida (B.S., M.A.cc., 1994; J.D., 1997); University of Miami (LL.M., Taxation, 1998).
Recipient, Book Award, Taxation of Gratuitous Transfers, University of Florida College of Law.
Certified Public Accountant, Florida, 1995. Member: American Bar Association (Member, Sections on:
Taxation, Real Property, Probate and Trust Law); South Carolina Bar; The Florida Bar (Tax and Real
Property and Probate Sections); Hillsborough County Bar Association (Tax Section). Practice Areas:
Federal Taxation; State Taxation; Local Taxation; Tax Controversies; Probate; Probate Litigation;
Guardianship; Guardianship Litigation; Estate Planning; Trust Law; Corporate Law.
JOHN N. BRUGGER III, born Lansing, Michigan, January 18, 1969; admitted to bar, 1997,
Florida; 1999, Kentucky. Education: Michigan State University (B.A., 1991); Thomas M. Cooley Law
School (J.D., (997); University of Florida (LL.M. in Taxation 1998). Member: The Florida Bar,
Kentucky Bar Association, Bluegrass Estate Planning Council, Fayette County Bar Association, Tax
Section Hillsborough County Bar Association; and Tampa Bay Estate Planning Council. Practice Areas
include: Federal and State Taxation, Estate. Planning and Probate; Real Estate; Trust Law; and
. Corporate and Partnership Law.
* * * * * *
In addition to their Bar and professional activities, all of the attorneys at KALISH & WARD are
involved in local chamber of commerce, business, service, and charitable clubs and organizations.
18534.9
KALISH & WARD
EMPLOYEE BENEFITS PRACTICE RESUME
ALTON C. WARD
Mr. Ward is the President of the law firm and head of the employee benefits practice.
He received his B.A. from the University of Georgia and his J.D. from Stetson University
College of Law.
Mr. Ward currently serves as Chairman of the Tampa Bay Pension Council and was a
founding board member and past president of the Florida West Coast Employee Benefits
Council. He is an active member of the Employee Benefits Committees of The Florida Bar
and the American Bar Association. He is a member of the Board of Trustees of The Florida
Bar Employees' Pension Plan and Trust and serves as its legal counsel. He is a member of
the Southern Employee Benefits Conference and currently serves on the Membership
Committee. Mr. Ward is a former member of the faculty on the Law of. Pensions for the
American Law Institute - American Bar Association Committee on Continuing Professional
Education.
Mr. Ward is named one of the best lawyers in the country in the specialty of Employee
Benefits Law in The Best Lawyers in America (Woodward/White, Inc., 1992-1999). He was
selected as a Leading Florida Attorney and serves on the Leading Florida Attorneys Business
Advisory Board.
His areas of practice include employee benefits, executive compensation, deferred
compensation, trusts and taxation. Prior to entering the practice of law, he was an actuarial
and employee benefits consultant for over eight years. Mr. Ward. has written and lectured
extensively on the subject of employee .benefits and deferred compensation... .
ROGER J. ROVELL
Mr. Rovell is a founding partner of the law firm and has been practicing in the
employee benefits area for over fifteen years. He received his Master of Laws (LL.M.) in
Taxation from the University of Florida School of Law and his J.D. from Stetson University
College of Law. He received his B.S. from the University of South Florida.
Mr. Hovell is a member of the Florida West Coast Employee Benefits Council and past
president of that organization. He is also a member of the Employee Benefits Committees
and Health Law Sections of The Florida Bar and American Bar Association.
Mr. Rovell is named. .one of the best lawyers in the country in the specialty of
Employee Benefits Law in The Best Lawyers in America (Woodward/White, Inc.).
Mr. Rovell has lectured extensively on employee benefits and related topics. He has
co-authored "Executive Compensation Plans," Chapter 23, Florida Corporate Law and
Practice, Matthew Bender. He has served as a faculty member for Florida Bar continuing
legal education seminars and has prepared continuing legal education course materials for
the Florida Bar and the American Bar Association. .
Mr. Rovell practices primarily in the area of employee benefits and executive/deferred
compensation.
_ _. _,_" ,... "'tT. ___
KELLEY A. BOSECKER
Ms. Bosecker has been practicing in the employee benefits area for over fifteen years
and is a Florida Bar Board Certified Tax Lawyer.
She received her Master of Laws (LL.M.) in Taxation from The University of Florida
College of Law and her J.D. from The University of Toledo College of Law. She received her
B.S.B.A. in Accounting from Bowling Green State University.
Ms. Bosecker is on the Board of Directors of the Florida West Coast Employee
Benefits Council, is a member of the Hillsborough County Bar Association, the Tampa Bay
Pension Council and the Tampa Bay Estate Planning Council. She is also a member of the
Florida Public Pension Trustees Association, the Tax Sections of The Florida Bar,
Hillsborough County Bar Association and the American Bar Association, the Hillsborough
County Association of Women Lawyers, and National Women In Pensions, Inc. Ms.
Bosecker is a frequent lecturer on employee benefits.
Ms. Bosecker's primary areas of practice are employee benefits, deferred
compensation, taxation and estate planning.
R. DENNIS TWEED
Mr. Tweed has been practicing in the employee benefits area for over fourteen years.
He received his Master of Laws (LL.M.) in Taxation from the University of Florida College of
Law in 1984. He has also received his J.D. and his B.A from the University of Florida.
Mr. Tweed is a member of the Florida West Coast Employee Benefits Council and the
Tax Sections of the Florida Bar and the American Bar Association. He has written materials
for the Florida Bar and the ABA regarding, and has lectured on, employee benefits.
Mr. Tweed's areas of practice include employee benefits and deferred compensation,
ERISA compliance, VEBAsand other welfare benefit plans, pension and profit sharing law
and general state and federal tax matters.
BRET HAMLIN
Mr. Hamlin has over eleven years of experience in the employee benefits area. He is
admitted to practice in Florida and Ohio.
He received his J.D. from the University of Akron School of Law. He received his B.S.
in Accounting from the University of Akron. Mr. Hamlin is a member of the Florida West
Coast Employee Benefits Council and the Tampa Bay Pension Council. He is also a
member of the Tax Sections of the American Bar Association, The Florida Bar and the
Hillsborough County Bar Association. Mr. Hamlin also lectures on employee benefits topics.
Mr. Hamlin practices primarily in the area of employee benefits, deferred
compensation and trusts. Prior to entering the practice of law, he specialized in employee .
benefit trust and plan administration, most recently with Sun Trust Banks of Florida.
17 . T TC;:"Q" R. W..'On
LAURIE L. PUCKETT
Ms. Puckett received her J. D. from Stetson University in 1993 and is admitted to
practice in Florida, and before the United States District Court, Middle District of Florida
and the Eleventh Circuit Court of Appeal.
Ms. Puckett is a member of the Labor Section, Tax Section and Young Lawyers
Division of the American Bar Association; the Hillsborough County Association of Women
Lawyers; Tampa Bay Pension Council and the Florida West Coast Employee Benefits
Council. Ms. Puckett practices primarily in the area of employee benefits law, ERISA,
pension and profit sharing law, qualified retirement plans, and deferred compensation.
KIRSTEN L. REKART
Ms. Rekart received her J. D. from George Mason University School of Law in 1997.
She received her B.B.A. in Finance from James Madison University. Ms. Rekart is admitted
to practice in Florida, California and the District of Columbia.
Ms. Rekart practices primarily in the area of employee benefits, deferred
compensation, ERISA, retirement plan qualification, non-qualified plans and welfare plans.
JANICE K. LAWRENCE
Ms. Lawrence received her Master of Laws (LL.M.) in Taxation from New York
University School of Law in 1997 and her J.D. from University of Utah College of Law in
1996 with Order of the Coif honors. She received her B.A. from the University of Texas in
1987. Ms. Lawrence is admitted to practice in New Jersey and the District of Columbia.
Ms. Lawrence served as an attorney advisor to the honorable Judge David Lara,
United States Tax Court (1997 & 1998). She is an adjunct professor teaching Federal.
Income Tax II at Stetson University College of Law.
Prior to entering law school, Ms. Lawrence was a Captain in the United States Air
Force.
Ms. Lawrence practices primarily in the area of employee benefits,
executive/deferred compensation, ERISA, and qualified and nonqualified retirement plans.
*
*
*
*
*
LAURA D. FRASER
Ms. Fraser is the Employee Benefits Practice legal assistant. She received her B.A.
fram Indiana University and has over 13 years of experience in the employee benefits field.
She is a member of the Tampa Bay Pension Council and is currently pursuing her Certified
Employee Benefit Specialist designation through the International Foundation of Employee
Benefit Plans and the Wharton School of Business.
*
*
*
*
*
TC.\T.TSTT ~ WARn
, . -;.-
"
)/
:;
ERIC AsH
WUlJAM G. CAPKO
8mi ANN CARlSON
MICHElLE DIFFENDERFER
ROBERT P. DIFFENDERFER
KENNETH W. DODGE
AMY M. DUKES
BRENNA MALOUF DUROEN
WAYNE E. FLOWERS
MEUSSA GRoss-ARNOW
KEVIN S. HENNESSY
.1 I y y ,... , .. ..
~4 I LEWIS, LONGMAN &WALKER, P.A
~ ATTORNEYS AT LAW
DEBORAH D. HOI:mN
R. STEVEN LEwIs
TERRY E. LEWIS
JAMES W. UNN
ANNE LoNGMAN
G. STEPHEN MANNING
DAVID E. RAMBA
KENNETH G. SPIUJAS
EOWIN A. STEINMEYER
STEPHEN A. WALKER
REPLY To:
Tallahassee
July 17, 2001
Mr. Gene DeMarie
Director of General Services
City of Winter Springs
.1126 East S.R. 434
Winter Springs, FL 32708
Re: Engagement for Pension Attorney Services
Dear Mr. DeMarie:
This will confirm my firm's engagement to act as pension attorney to the City of
Winter Springs. Lewis, Longman & Walker P.A. would be pleased to .provide pension
attorney services in accordance with the following.terms:
I will act as the firm's primary attorney and contact on pension matters. However,
from time to time other firm attorneys and staff will work with me to provide requested legal
services in a cost-effective manner. Our services are provided and billed on an hourly basis.
Shareholder's services are billed at the rate of $210.00 per hour; associate attorneys are billed
at the rate of $175.00 per hour; and paralegals and law clerks working under my supervision
are billed at the rate of $90.00 per hour. Travel time to and from pension-related meetings
will be billed at one-half the normal hourly rate, up to a maximllm of four hours of travel time
(two billable hours) on any day, except that there will be no charge for travel time for the first
meeting I attend each year.
In addition to our fees, our bills will include charges for disbursements for items such
as photocopies, travel (necessary transportation, lodging, and meals), courier services,
telephone charges, etc. There will be no charge for fax transmissions. A summary of these
charges is enclosed. I would be pleased to discuss a maximum limitation on travel-related
expenses in connection with this engagement.
Jacksonville Office
9428 Baymeadows Road
Suile 625
Jacksonville. Florida 32256
(904) 737-2020 . Fax (904) 737.3221
Tallahassee OffICe
P081 Office Box 10788 (32302)
125 Soulh Gadsden Slreel . Suile 300
Tallahassee, Florida 32301
(850) 222-5702' Fax (850) 224-9242
West Palm Beach OffICe
1700 Palm Beach Lakes Boulevard
Sui Ie 1000
Wesl Palm Beach. Florida 33401
(561) 640-0820 . Fax (561) 640-8202
WWW.LLIV-LAW.COM
HELPING SHAPE FLORIDA'S FUTURE'N
.- ..
Mr. Gene DeMarie
July 17, 2001
Page 2
Our bills will be sent out on a monthly basis, and we will expect payment of each bill
within 30 days following receipt. It is my understanding that the City will be responsible for
paying my firm's bills. If any bill is not paid in full within 30 days following receipt, a finance
charge of one percent per month (12% per annum) will be added to the outstanding balance.
If these arrangements meet with the City's approval, please have the appropriate City
official sign and date a copy of this letter and return it to me. If you would like further
information about me or the terms outlined in this letter, please call me. I look forward to
working with you and the City of Winter Springs. .
With best regards, I am
Sincerely,
L'
-
JWUes
Enclosures
..' ,
APPRQVE'o' A~D,AqREED:
,)
"
By:~.ApJ ?Yl.J:.- -
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LEWIS, LONGMAN & WALKER, P.A.
Summary of Client-Related Expense Charges
Cost/Expense Typical Charges
Computer Research Actual usage + proportionate share of base subscription.
Court Reporters Direct invoice from vendor to client or paid from retainer.
Delivery Charges Actual amount invoiced to firm. Mode of delivery based on
need and economy.
Messenger Service Actual amount invoiced to the firm.
Overnight Express Actual amount invoiced to the firm.
Regular Mail No charge for regular postage.
Photocopying Inside copies: $0.20/page.
Outside services: Actual amount invoiced to firm.
Secretarial Overtime No charge.
Telephone Charges Proportionate share of long distance and cellular charges +
base subscriptions.
Travel-Local/Surface Reasonable mileage or actual rental charges.
T ravel-Out-of- Town Intrastate: Actual common carrier charges for coach.
Interstate: Actual common carrier charges for business class.
..............................................................................
Meals/Accommodations: Lowest corporate seasonal rate
available, reasonable business related meal expenses.
Word Processing No charge.
Other Expenses Actual cost invoi.ced to the firm. In selected cases, these items
may be directly invoiced from vendor to client.