Title: LR1 Renew Retainer Of Dr. Randall D. Burks, Esq.

Recommendation:

I recommend the Board renew its retainer of Dr. Randall Burks, Esquire, as legal consultant in appellate advocacy, administrative law, regulatory compliance, and governance through December 31, 2007.

Description:

• The primary areas of service are listed in section 2 of the attached contract.
• As an independent contractor, the Consultant is paid a straight hourly fee for time worked and does not receive any regular employee benefits (e.g., no health insurance, retirement contributions, sick leave, annual leave, employer’s portion of FICA taxes, or any other employee benefits).
• Dr. Burks has handled numerous appeals for the School Board in state and federal courts, including successfully opposing a petition in the U.S. Supreme Court. Compared to 4½ years ago when he started at $60/hour, the Consultant has received a Ph.D. in educational administration and has gained substantial appellate and administrative law experience and increased expertise. Accordingly, the contract renewal reflects an increase to $85/hour but is limited to a not-to-exceed cap of $150,000 for the 12-month period (an increase of only $30,000 over the prior not-to-exceed amount).

Financial Impact:

The financial impact to the District’s general fund budget is limited to a not-to-exceed cap of $150,000 for the calendar year. The source of funds is the Legal Services Department budget.

For Additional Information, contact:

Gerald A. Williams, Esq.; Chief Counsel

williamsg@palmbeach.k12.fl.us

Attachments (list):
BurksContractFor2007.doc