Agenda 09/27/2016 Item #12A 09/27/2016
EXECUTIVE SUMMARY
The Annual Performance Appraisal for the County Attorney
OBJECTIVE: To complete the performance appraisal of the County Attorney.
CONSIDERATIONS: The County Attorney reports directly to the Board of County
Commissioners. In order to ensure that the County Attorney Office work performance is
coordinated with the direction of the full Board, an annual appraisal and merit consideration are
provided in the County Attorney Employment Agreement. The Agreement provides in relevant
part as follows:
"Section 8: Performance Evaluation
The Employer shall review and evaluate the performance of the Employee in accordance
with the performance-based merit system as provided in Section 7. Written evaluations based on
said performance system will be provided by each County Commissioner to Employee prior to
September 1, 2009, and prior to each September 1st thereafter for the term of this Agreement. A
summary of all evaluations will be prepared by the Board Chair for the Board and Employee
including the recommended merit wage adjustment. A merit system wage adjustment will take
effect on October 1, 2009 and each October 1st thereafter for the term of this Agreement. An
updated performance merit system for Employee will be developed in good faith between the
Board of County Commissioners and Employee and adopted by the Board prior to October 1st of
each fiscal year for implementation in the next fiscal year."
Section 7 provides in relevant part as follows:
"Section 7: Salary
B. Employer and Employee shall negotiate in good faith to establish, within one
hundred and twenty (120) days after execution of this Agreement, a performance based merit
system through which the Employee shall be eligible for a merit adjustment upon the successful
completion of measurable goals and objectives to be completed or attained by the Employee
during the 2009 fiscal year and each fiscal year thereafter during the term of this Agreement.
Such annual performance based merit adjustment shall not exceed a maximum of ten percent
(10%) of the Employee's annual base salary. The minimum increase for satisfactory
performance under such performance based merit system will equal the average percentage
salary adjustment provided to all County employees for the given fiscal year or three percent
(3%) whichever is greater. All such merit adjustments shall be included in the Employee's base
salary."
The annual work plan (Action plan) was previously developed with the Board. The County
Attorney has been available to meet individually with commissioners and has provided a self-
appraisal relating to the performance standards for review. A copy of the Performance Appraisals
conducted by each Commissioner is included in the back-up, together with a Summary of all the
evaluations.
i acket$ 1,44
12.A
09/27/2016
As in past years, the County Attorney waives any merit adjustment.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
RECOMMENDATION: The Board of County Commissioners completes the annual
performance appraisal process for the County Attorney.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Commissioner Henning -Jeff Klatzkow FY2015-2016 Evaluation.pdf (DOCX)
2. Commissioner Nance-Jeff Klatzkow FY2015-2016 Evaluation.pdf (DOCX)
3. Commissioner Taylor-Jeff Klatzkow FY2015-2016 Evaluation (PDF)
4. Commissioner Fiala -Jeff Klatzkow FY2015-2016 Evaluation (PDF)
5. Summary of Ratings by Commissioners for the County Attorney FY 2015 -2016 Action Plan
(PDF)
Packet Pg. 315
12A
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A
Item Summary: The Annual Performance Appraisal for the County Attorney
Meeting Date: 09/27/2016
Prepared by:
Title: Legal Office Administrator—County Attorney's Office
Name: Debbie Allen
09/21/2016 4:36 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A. Klatzkow
09/21/2016 4:36 PM
Approved By:
Review:
Office of Management and Budget Debbie Allen Level 3 OMB Gatekeeper Review Skipped 09/21/2016 4:36 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/21/2016 4:42 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/21/2016 4:58 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
Packet Pg. 316 I
12.A.a
FY 2015 / 2016 Action Plan
Jeffrey A. Klatzkow, County Attorney
O
The County Attorney is charged with the responsibility of planning, directing and reviewing the
activities and operations of the Office of the County Attorney. The County Attorney is the legal
advisor and counsel for the Board of County Commissioners, its advisory boards and advisory a
committees. The County Attorney also provides legal counsel to and assists the County Manager
and his agencies in order to facilitate the goals and objectives established for the County
Manager by the Board of County Commissioners.
The County Attorney, through the assistant county attorneys and supporting staff, represents the a
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for .c
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents andco
other Board signatory documents. N
The County Attorney's Employment Agreement with the Board of County CommissionersQ.
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against performance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below w
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are
then totaled and averaged to determine the Board's collective position. co
The following is the County Attorney's Action Plan for the 2015-2016 Fiscal Year. The Action cs,
Plan is based on the broad areas generally expected to be performed by the Managing Partner of u_
a significant law firm, including: legal advice; leadership and organizational direction;
communications; fiscal management; and personnel management. N
a)
L
0
y
CV
Page 1 of 10
I Packet Pg. 317
12.A.a
Goals for Fiscal Year 2015-16:
0
I will continue to initiate changes to create a more efficient work environment. This will include
hiring and retaining the best employees, focusing on how to conduct business with better
customer service results, and making internal changes that result in a more efficient and effective
work product. The County Attorney Office has completed its restructuring to assure that
Requests for Legal Services are completed promptly, and that there will be overlapping areas of
expertise within the Office. To increase our efficiency, this effort will require further Q
improvements in our planning, assignment of responsibilities, and establishment of
accountability to assure continued enhancement within the Office.
E
L
Specific areas that I propose as part of next year's action plan are:
1. Oral Presentations at Meetings. I will continue to work to assure that both the County
Attorney's and the County Attorney Office's presentations at Board of County
Commissioners' meetings, advisory board meetings, and workshops are clear, concise and
effective. All presenters will be charged with making presentations that avoid legalese and ••o
focus on the legal issue in a simple, understandable and brief manner. N
Self Analysis:
No change from prior years. This Office will continue to endeavor to follow fonner County
Manager Jim Mudd's approach of the three B's with respect to Board presentations; that
"you be Brief, be Brilliant, and Be gone." w'
Commissioner Comments: >-
N
LL
O
N
r.+
fC
a)
C)
C,
Below Meets Exceeds o_
Standards Standards Standards
1 2 3
Rating 3
U
C
m
E
c0
a
w
a
Page 2 of 10
I Packet Pg. 318
12.A.a
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner.
Self Analysis: a
The continuing direction to all attorneys is to keep their writing clear, concise, and to the c
point.
0
t
a�
a
Commissioner Comments: R
a>
I-
co
Below Meets Exceeds N
Standards Standards Standards
1 2 3
a
Rating 2.5 0
3. Processing Requests for Legal Services. This year, this Office's response time to Requests
for Legal Services (RLS's) continued to exceed 90% of all RLS's being processed within 48
hours. There will always be a number of legal assignments, due to their complex nature, that
take weeks and even months to complete. Accordingly, this Office will continue to achieve a N
48-hour (or less) turnaround time on 90% of all future Requests for Legal Services received
from the Board of County Commissioners and County Manager agencies. A report will be
run from Client Profiles (this Office's data management system) to determine turnaround
time. This will include preparation and review of documents for legal sufficiency prior to
consideration by the Board of County Commissioners for Board action, including, but not
limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other
legal documents requested by County Commissioners, the County Manager, or the staff. a,
Self Analysis: a
x
The response time to Requests for Legal Services (RCS's) this year was 94% of all RLS's
being processed within 48 hours. As always, a number of legal assignments, due to the 0
complex nature, take weeks and even months to complete. I believe the Office has fully
achieved my goals in this area, the results of which are demonstrated in the next Goal and
Objective, which is Client Satisfaction /Peer Review. U
Prior to becoming the County Attorney for the period April through June 2007, the average i
turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or
caPage 3of10
Packet Pg. 319
12.A.a
less. Smaller samples taken from prior years showed that an 11-day turnaround had been a
longstanding practice with the Office.
Commissioner Comments:
15.
L
a1
V
L
Below Meets Exceeds ,°
Standards Standards Standards
1 2 3 a.
Ta.
Rating 2.5
m
t
4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this o
Office. In furtherance of this goal, I have instituted a practice in which performance
evaluation reports are sent to the various Division Administrators and Managers each year to
assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to
3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds
Standards. Individual evaluations are then totaled and averaged to determine this Office's
collective score, with a goal of 75% rating level for exceeding expectations. Client reviews w
will factor into each of the Assistant County Attorney's performance evaluations.
Self Analysis:
O
Again this year, an Attorney-Client Feedback form was provided to the County Manager, u.
Deputy County Manager, Department Heads and select Managers, to solicit their opinions
regarding the services they receive from the County Attorney Office. These results are
utilized to shift workloads if departments are not satisfied with our services; they are also Y
utilized in the attorney's individual annual performance evaluations, and in restructuring
decisions.
The following is a chart showing a comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014,
2015 and 2016 overall client feedback. As you can see, during my tenure as County
Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This
year this Office attained an 80% "Exceeds" expectation, with 20% "Meets" expectations.
N
t6
Page 4 of 10
Packet Pg.320 I
12:A.a
c --
Comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2414, 2015 and 2016 c
Attorney-Client Feedback Overall Results0
m
L
90% MiVeVi
as
`1
N
80% m.„O
:_.
:z
'-,0° 1,161 ., a6k c
.41
a.n co
40%
Q
30% K Q
F-
�1. 0
2a% r o
-; i?
-VC 1 9 ir1 ry0 0 a .. 1 + 1 :s O
Exceeds Meets Does Not Meet N/A cr=
tz
>
w
12008 02009 12010 ■2011 1I 2012 112013 12014 12015 2016 m
0
N
1 The attorney listens to understands and considers the views of en�oyees m a enc .
2The attorney utilizes creativity in solving problems and developing arguments and positions co
€ N
3-The attorney is accessible,responding in.a timely manner and kee.i • me ad •uate informed of the case,projector issue development , >-
4-The attorney handles conflict with sensitivity to the issues and considerations inwMed. �-
5-The attorney demonstrates firmness and assertiveness m pursuing or protecting the interests of my division. o
hi
6-The attorney makes decisions and recommends solutions that are workable and consistent with agency's goals and objectives. j
7 The attorney takes the time to understand the business processes of my division/departments co
8 The attorney communicates,both orally and m venting in a clear,effective and concise manner.
d
•
Commissioner Comments:
a)
c
G)
x
L
d
c
0
0
U)
E
Below Meets Exceeds
0
Standards Standards Standards 0
1 2 3 c
Rating 2.5 F
t
c.)
co
Q
Page 5 of 10
I Packet Pg.321
12A.a
�. 5. Fiscal Management. I will continue to develop and effectively administer an annual budget
for the Office of the County Attorney in conformance with policies adopted by the Board of
County Commissioners,while at the same time improving the quality of this Office.
Self Analysis: ,o
On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300 v
in FY 2009, to the current request of $2,340,600 for FY 2016, while eliminating sixteen
positions in that same time period. As set forth in the following chart, during that period this
Office met or exceeded Board budget direction.
co
E
L
O
m Board DirectionPercentage Increase/Decrease Per Year/Net Cost to General Fund 'L
d
■Percentage Increase/Decrease Per Year/Net Cost to General Fund 0-
5
5 _ 3 2.9 25
0 0 0 .3
-0.7
5 -3 -3 -3.2 c0
-4.5 -5-5.0 5
6.1 N_
-10 Y -8.2 w.
Q.
-15 " 13.6 ✓ O
FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17
W
cD
The reduction in personnel was accomplished with no loss in service. Overall office
efficiency has been increased by cross-training the assistant county attorneys and support
staff, by reassigning work to higher performers, and by over time replacing legal secretaries LL
with paralegals who can do higher level work. In the future, as the County's business and
population grows, I expect the Office will slowly grow at a similar pace to the County
Manager's Agency. New personnel will be hired and trained with an emphasis towards long- CO
term succession planning.
a>
Commissioner Comments: a,
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 2.5 c.)
w
m
Page 6 of 10
Packet Pg. 322 I
12.A.a
6. Public Records and Sunshine Law. This Office will continue to educate and update County
staff, and advisory board members through periodic workshops/seminars, (e.g. Sunshine
Law, Public Records Act, State and local ethics law). This Office will also conduct seminars
with staff on various topics of interest. y
Self Analysis:
co
As of the end of August 2016, this Office will have made 4 presentations/workshops/ a
seminars to County staff and advisory board meetings.
1. October 15, 2015 - Ethics training at Public Utilities Division;
2. October 21, 2015 - Sunshine Law and Public Records presentation to the Historic and ,t
Archeological Preservation Board; ti
3. December 3, 2015 - Sunshine Law, Public Records, and Ethics Training for the newly
formed Growth Management Oversight Committee;
4. April 25, 2016—Presentation of the Sunshine Law, Conflicts and Ethics to the TDC;
Our Power Point presentations relating to Government in the Sunshine, Public Records Act,
Ethics Laws and Social Networking are available on the internet at www.colliergov.net on the c
County Attorney web page for viewing by advisory board members, staff and the public. ='
w
45Commissioner Comments:
0
is
W
O
N
U,
O
Below Meets Exceeds
Standards Standards Standards
1 2 3
N
Rating 2.5 a
7. Litigation. We will continue to effectively and efficiently manage litigation using primarily o,
in-house counsel and secondarily through the use of outside counsel as needed. We will keep
the Board abreast of the County's litigation through quarterly reports for the Board with
respect to current litigation, including potential or anticipated legal issues that may come
before the Board of County Commissioners. c
Self Analysis: E
E
0
This Office manages the County's litigation. To keep the Board informed, a number of years
ago I commenced the process of providing the Board with quarterly reports of our litigation
activity. As of the July 2016 Litigation Report, there are at present a total of 100 open cases,
the bulk of which concern foreclosures (45) and eminent domain (35). For comparison, in
Page 7 of 10
I Packet Pg. 323
12.A.a
our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which
concerned bankruptcy and foreclosures (151) and eminent domain (40). Major litigation is v
essentially half today as it was then, and with exception of eminent domain matters, there is
not a single case where the County is at risk for a material judgment (outside of the Hussey
L
case in which a Court-approved settlement agreement was appealed by an environmental o
group). A copy of the last Quarterly Litigation Report (July 2016), with updates highlighted y
in yellow (we update daily) is attached.
Q.
Commissioner Comments:
ca
a
Below Meets Exceeds '
Standards Standards Standards
1 2 3 m
t
Rating 2.5
8. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly N
advertised.
a
c
Self Analysis: o
Beginning in 2009, with the assistance of the County Manager's Office and the Clerk to the
Board, this Office has monitored all legal advertisements for public hearings before the
Board of County Commissioners. The purpose was to ensure that all legal ads met statutory
and Code requirements and made part of the record as back-up material for the agenda item. �n
Since then, our oversight has expanded to include legal ads for the Planning Commission. N
u_
In addition to working with departments in drafting legal ads, our Office receives copies of
all ad requests, which are reviewed by the assigned attorney before they are forwarded to the
Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal
in taking on this responsibility is to avoid the delays, waste, and the potential for legal
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by not running ads that are not required. ay
Commissioner Comments:
Below Meets Exceeds a
Standards Standards Standards
1 2 3
c
Rating 2.5
ra
Page 8 of 10
I Packet Pg. 324 I
12.A.a
9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances, o
plats and other documents are properly processed, recorded, and codified with Municode.
Self Analysis:
We have been fully successful in monitoring and processing Board approved documents
from approval, Chairman's signature, delivery to the Clerk to the Board and submission to a
Municode for codification as appropriate.
d
f9
Commissioner Comments:
L
0
a)
a.
z
t
co
Below Meets Exceeds N
Standards Standards Standards ,�
1 2 3 a
Rating 2.5 2
10. Advisory Boards. The Board tasked this Office to manage its Advisory Boards. We w
continue to advertise new openings and bring appropriate Executive Summaries to the Board. (.o
Self Analysis:
N
We have successfully integrated and managed this task with existing staff. We coordinate
with the Communications and Customer Relations Division to make sure that the new
openings are posted and the current information is posted on the County's website. We N
coordinate with the various advisory board liaisons to get recommendations for Y
appointments, resignations, etc. We then bring the items to the Board of County
Commissioners for consideration. °;
as
Commissioner Comments: a,
0)
0
y
N
E
Below Meets Exceeds
Standards Standards Standards i
U
1 2 3
Rating 2.5 a'
F
L
Sd
Sd
Page 9 of 10
Packet Pg. 325
12.A.a
0
tJ
N
L
0.
Q3
U
f6
E
L
O
4-
L
a,
a
76
a
a,
oo
w
0-
0 0
r
W
11)
N
LL
0
N
16
a>
a)
_
_
_
a,
2
L
a>
_
0
N
to
E
E
O
0
r
_
C
U
Page 10 of 10
I Packet Pg. 326 I
12.A.b
FY 2015 / 2016 Action Plan
Jeffrey A. Klatzkow, County Attorney co
The CountyAttorney is charged with the responsibility of planning, directing and reviewing the
activities and operations of the Office of the County Attorney. The County Attorney is the legal
advisor and counsel for the Board of County Commissioners, its advisory boards and advisory
committees. The County Attorney also provides legal counsel to and assists the County Manager Q
and his agencies in order to facilitate the goals and objectives established for the County a)
Manager by the Board of County Commissioners. a
The County Attorney, through the assistant county attorneys and supporting staff, represents the
County in wide-ranging complex litigation relating to implementation of government policies a
ra
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and ao
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against perfouiiance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below ra
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are w
then totaled and averaged to detennine the Board's collective position. o
The following is the County Attorney's Action Plan for the 2015-2016 Fiscal Year. The Action o
Plan is based on the broad areas generally expected to be performed by the Managing Partner of
a significant law firm, including: legal advice; leadership and organizational direction;
communications; fiscal management; and personnel management.
ca
L
c_
cc
Page 1 of 10
I Packet Pg. 327 I
1 2.A.b
County Attorney Evaluation 2016—Tim Nance BCC—District#5 9-18-16 w
0
U
Goals for Fiscal Year 2015-16:
i/
I will continue to initiate changes to create a more efficient work environment. This will include
hiring and retaining the best employees, focusing on how to conduct business with better
customer service results, and making internal changes that result in a more efficient and effective a
work product. The County Attorney Office has completed its restructuring to assure that
Requests for Legal Services are completed promptly, and that there will be overlapping areas of ?;
expertise within the Office. To increase our efficiency, this effort will require further
improvements in our planning, assignment of responsibilities, and establishment of
accountability to assure continued enhancement within the Office.
a
Ta
Specific areas that I propose as part of next year's action plan are:
1. Oral Presentations at Meetings. I will continue to work to assure that both the County F-
Attorney's and the County Attorney Office's presentations at Board of County 00
Commissioners' meetings, advisory board meetings, and workshops are clear, concise and N
effective. All presenters will be charged with making presentations that avoid legalese and ,�
focus on the legal issue in a simple, understandable and brief manner. c.
0
Self Analysis:
Ta
No change from prior years. This Office will continue to endeavor to follow former County w'
Manager Jim Mudd's approach of the three B's with respect to Board presentations; that c
"you be Brief, be Brilliant, and Be gone."
>-
u-
Commissioner
.u-
Commissioner Comments:
0
Mr. Klatzkow's comments and recommendations are consistently clear and on point. c0
As described and appreciated. 11>
L.)
a)L
Below Meets Exceeds
Standards Standards Standards
1 2 3 E
0
Rating 3 U
0
E
ca
r
a
Page 2 of 10
ParkPf Pn 19R
12.A.b
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies v
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner. �-
f/1
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point. ra
Commissioner Comments: Excellent, as with previous. °-
a>
co
Below Meets ExceedscNi
Standards Standards Standards
1 2 3
a
Rating 3
3. Processing Requests for Legal Services. This year, this Office's response time to Requests W
for Legal Services (RLS's) continued to exceed 90% of all RLS's being processed within 48
hours. There will always be a number of legal assignments, due to their complex nature, that
take weeks and even months to complete. Accordingly, this Office will continue to achieve a
48-hour (or less) turnaround time on 90% of all future Requests for Legal Services received >-
from the Board of County Commissioners and County Manager agencies. A report will be
run from Client Profiles (this Office's data management system) to determine turnaround
time. This will include preparation and review of documents for legal sufficiency prior to
consideration by the Board of County Commissioners for Board action, including, but not
limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other
legal documents requested by County Commissioners, the County Manager, or the staff.
a)
Self Analysis:
The response time to Requests for Legal Services (RLS's) this year was 94% of all RLS's
being processed within 48 hours. As always, a number of legal assignments, due to the
complex nature, take weeks and even months to complete. I believe the Office has fully
achieved my goals in this area, the results of which are demonstrated in the next Goal and
Objective, which is Client Satisfaction/Peer Review.
co
Prior to becoming the County Attorney for the period April through June 2007, the average .
turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or
Page 3 of 10
I Packet Pg. 329
12.A.b
less. Smaller samples taken from prior years showed that an 1 1-day turnaround had been a
longstanding practice with the Office.
U
Commissioner Comments: Mr. Klatzkow has done an outstanding job with rapid r
response. His skill and willingness during Board meetings and negotiated settlements, to get o
stipulations recorded, signed, and completed at the critical moment has served the Board and
County well.
D.
ea
m
a
Below Meets Exceeds
Standards Standards Standards
1 2 3
m
Rating 3
co
N
4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this 0.
Office. In furtherance of this goal, I have instituted a practice in which performance
evaluation reports are sent to the various Division Administrators and Managers each year to
assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to 73
3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds w
Standards. Individual evaluations are then totaled and averaged to determine this Office's o
collective score, with a goal of 75% rating level for exceeding expectations. Client reviews
will factor into each of the Assistant County Attorney's performance evaluations.
U-
Self Analysis:
0
Again this year, an Attorney-Client Feedback form was provided to the County Manager, co
Deputy County Manager, Department Heads and select Managers, to solicit their opinions
regarding the services they receive from the County Attorney Office. These results are
utilized to shift workloads if departments are not satisfied with our services; they are also m
utilized in the attorney's individual annual performance evaluations, and in restructuring
decisions.
07
The following is a chart showing a comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014,
2015 and 2016 overall client feedback. As you can see, during my tenure as County
Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This
year this Office attained an 80% "Exceeds" expectation, with 20% "Meets" expectations.
d
E
Page 4 of 10
Packet Pg. 330 I
12.A.b
Comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016
Attorney-Client Feedback Overall Results °
U
a)
t
90°!o Lo
L
raQ
r-
ralArota,*.744,41.44ayl..friNVS.44,rte.AV 47,4P4'.3:111...2111'4411.1.13"1*,a
c
it-irt-yillii g.t'11, E
60% rTM= E
• •oft w
50% 4i • h m
.!:q4fia'Aq.iti4y4-illr4fr.taiteN'ti,t,:;'*A4X'r/4-47,1,'''...::g...1`.1707'3i4 cu
a
g
40% p
30%
1 , .t=
,'. ^' a H
20°hNt
dl v4 i co
0
Ooh _ , . a1 '-: � c___. � a i` ) '+ r Q C. � ,na, ' : mv� _u F _,., s
CN
vAur
Exceeds Meets Does Not Meet N/A `'
m2008 02009 o2010 12011 12012 2013 2014 2015 2016 IL
co
0
N
-J1 to
1 The attorney listens to,understands,and considers the views of employees in my agency.
2 The attorney_utiazes creativity in solving problems and developing arguments and positions _ c
3-The attorney is accessible responding in a timely manner and keeping me adequately informed of the case, .ro t or issue deve••mentCN
4 The attorney handles conflict with sensitivity to the issues and considerations involved. Li-
5 The attorney demonstrates firmness and assertiveness in_pursuing or protectingje interests of my division.
6-The attorney makes decisions and recommends solutions that are workable and consistent with agency's goals and objectives. ' °
7 The attorney takes the time to understand the business processes of my.division/departments.
8 The attorney communicates both orally and in writing in a clear,effective and concise manner.
Y
Commissioner Comments: It is clear that the County Attorney has consistently made acti
great deal of effort to improve service from his office and maximize synergy with County �,
staff. High marks for both effort and performance.
cu
z
L
0
c
°
•N
cn
E
Below Meets Exceeds o
V
Standards Standards Standards
1 2 3 c
a) —
Rating 3 =
co
Y
Q
Page 5 of 10
I Parknf• Pn '>;4l
12.A.b
5. Fiscal Management. I will continue to develop and effectively administer an annual budget
for the Office of the County Attorney in conformance with policies adopted by the Board of
County Commissioners, while at the same time improving the quality of this Office. o
d
Self Analysis: `o
On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300
in FY 2009, to the current request of $2,340,600 for FY 2016, while eliminating sixteen a
positions in that same time period. As set forth in the following chart, during that period this
Office met or exceeded Board budget direction.
m
®Board DirectionPercentage Increase/Decrease Per Year/Net Cost to General Fund
I Percentage Increase/Decrease Per Year/Net Cost to General Fund
O.
5 -" 3 2.9 2.5
0 0 0 ,3
0 L
-0.7 I-
5 -3 _3 -3.2 cp
4.5 -5-5.0 5 6.1
-10 -"/" 8 2
O.
-15 13.6
FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17
O
W
The reduction in personnel was accomplished with no loss in service. Overall office
efficiency has been increased by cross-training the assistant county attorneys and support e-
co
staff, by reassigning work to higher performers, and by over time replacing legal secretaries
with paralegals who can do higher level work. In the future, as the County's business and 3
population grows, I expect the Office will slowly grow at a similar pace to the County
Manager's Agency. New personnel will be hired and trained with an emphasis towards long-
term succession planning.
Commissioner Comments: Excellent results speak for themselves. ?
au
0
Below Meets Exceeds y
Standards Standards Standards
1 2 3 E
0
Rating 3 V
co
Page 6 of 10
Packet Pg. 332
12.A.b
6. Public Records and Sunshine Law. This Office will continue to educate and update County
staff, and advisory board members through periodic workshops/seminars, (e.g. Sunshine
Law, Public Records Act, State and local ethics law). This Office will also conduct seminars
with staff on various topics of interest.
Self Analysis:
As of the end of August 2016, this Office will have made 4 presentations/workshops/ fl.
seminars to County staff and advisory board meetings. Q
m
1. October 15, 2015 - Ethics training at Public Utilities Division;
2. October 21, 2015 - Sunshine Law and Public Records presentation to the Historic and `o
Archeological Preservation Board; 'cucu
3. December 3, 2015 - Sunshine Law, Public Records, and Ethics Training for the newly
To
formed Growth Management Oversight Committee;
4. April 25, 2016— Presentation of the Sunshine Law, Conflicts and Ethics to the TDC;
Our Power Point presentations relating to Government in the Sunshine, Public Records Act,
Ethics Laws and Social Networking are available on the internet at www.colliergov.net on the co
County Attorney web page for viewing by advisory board members, staff and the public. N
Commissioner Comments: An essential element well executed.
0
n
w
N
co
Below Meets Exceeds
Standards Standards Standards
1 2 3 o
0
Rating 3
7. Litigation. We will continue to effectively and efficiently manage litigation using primarily
in-house counsel and secondarily through the use of outside counsel as needed. We will keep
the Board abreast of the County's litigation through quarterly reports for the Board with z
respect to current litigation, including potential or anticipated legal issues that may come a,
before the Board of County Commissioners. o
.y
Self Analysis: E
This Office manages the County's litigation. To keep the Board informed, a number of years
ago I commenced the process of providing the Board with quarterly reports of our litigation
activity. As of the July 2016 Litigation Report, there are at present a total of 100 open cases,
the bulk of which concern foreclosures (45) and eminent domain (35). For comparison, in
Page 7 of 10
I Packet Pg. 333 I
12.A.b
our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which
concerned bankruptcy and foreclosures (151) and eminent domain (40). Major litigation is
essentially half today as it was then, and with exception of eminent domain matters, there is o
cu
not a single case where the County is at risk for a material judgment (outside of the Hussey
case in which a Court-approved settlement agreement was appealed by an environmental c
group). A copy of the last Quarterly Litigation Report (July 2016), with updates highlighted
in yellow (we update daily) is attached.
c.
Commissioner Comments: Reports are regular and self explanatory. High marks.
m
4i.
Below Meets Exceeds
Standards Standards Standards
1 2 3
m
Rating 3
0
8. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly
advertised.
Self Analysis: o
Beginning in 2009, with the assistance of the County Manager's Office and the Clerk to the
Board, this Office has monitored all legal advertisements for public hearings before the w
Board of County Commissioners. The purpose was to ensure that all legal ads met statutory c
and Code requirements and made part of the record as back-up material for the agenda item.
Since then, our oversight has expanded to include legal ads for the Planning Commission. o
In addition to working with departments in drafting legal ads, our Office receives copies of 3
f
all ad requests, which are reviewed by the assigned attorney before they are forwarded to the
Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal rts
in taking on this responsibility is to avoid the delays, waste, and the potential for legal Y
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by not running ads that are not required.
a)
Commissioner Comments: Very well managed. Issues have been virtually eliminated. c
An excellent service.
y
N
E
E
a
V
Below Meets Exceeds
Y
Standards Standards Standards =
m
1 2 3
Rating 3as
Page 8 of 10
Packet Pg. 334
12.A.b
C.
9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances, v
plats and other documents are properly processed, recorded, and codified with Municode. _c
Self Analysis:
4°
Ts
We have been fully successful in monitoring and processing Board approved documents a
from approval, Chairman's signature, delivery to the Clerk to the Board and submission to a
Municode for codification as appropriate.
ca
Commissioner Comments: Efficient and without problem. `o
t
0
a.
m
00
N
Below Meets Exceeds
Standards Standards Standards
a
1 2 3
0
Rating 3
�a
10. Advisory Boards. The Board tasked this Office to manage its Advisory Boards. We w'
continue to advertise new openings and bring appropriate Executive Summaries to the Board. o
N
Self Analysis:
We have successfully integrated and managed this task with existing staff. We coordinate
with the Communications and Customer Relations Division to make sure that the new
openings are posted and the current information is posted on the County's website. We
coordinate with the various advisory board liaisons to get recommendations for
appointments, resignations, etc. We then bring the items to the Board of County
Commissioners for consideration.
a)
0
z
Commissioner Comments: A great improvement and much appreciated. A difficult :37
task managed smoothly. o
E
E
0
Below Meets Exceeds
Standards Standards Standards c
1 2 3 E
Rating 3
Page 9 of 10
Packet Pg. 335 I
12.A.b
Mr. Klatzkow continues to provide excellent service to the Board and County staff as the w
Collier County County Attorney. His clear consise counsel is appreciated and, in my
estimation, exceptionally effective. His professional demeanor and pragmatic focus diffuses U
and stabilizes oft difficult discussions common to Board deliberations and issue resolution. Y
His direct, straight forward perspective is often a great aid in reaching consesus.
N
Tim Nance—BCC District#5 9-18-16
a)
U
E
O
t
a)
a.
I-
co
O
N
_
0
w
W
co
O
N
U)
O
N
U-
O
N
.r
R
r.
w
a)
a>
v
_
Z
a)
_
0
y
N
E
E
O
U
w
_
a)
E
v
Q
Page 10 of 10
Packet Pg.336
ienuuv ayl : spoz) uoi;enien3 960Z-S60ZAd MoNz;eI) mar- )(el Jauoiss,wwo3 :;uaLugoe;;v
d ti
N
M
i r M
a
Y
FY2015 / 2016Action Plan
a.
Jeffrey A. Klatzkow, County Attorney
The County Attorney is charged with the responsibility of planning, directing and reviewing the
activities and operations of the Office of the County Attorney. The County Attorney is the legal
advisor and counsel for the Board of County Commissioners, its advisory boards and advisory
committees. The County Attorney also provides legal counsel to and assists the County Manager
and his agencies in order to facilitate the goals and objectives established for the County
Manager by the Board of County Commissioners.
The County Attorney, through the assistant county attorneys and supporting staff, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against performance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are
then totaled and averaged to determine the Board's collective position.
The following is the County Attorney's Action Plan for the 2015-2016 Fiscal Year. The Action
Plan is based on the broad areas generally expected to be performed by the Managing Partner of
a significant law firm, including: legal advice; leadership and organizational direction;
communications; fiscal management; and personnel management.
Page 1 of 9
ienuuv e.a : 8P0Z) uol;enlen3 9I OZ-SI.OZA3 Mov;ep{gar-Jol)(el Jauo!ss!wwo3 :;uauayoeflV co
a
_Nc
Goals for Fiscal Year 2015-16: a
I will continue to initiate changes to create a more efficient work environment. This will include
hiring and retaining the best employees, focusing on how to conduct business with better
customer service results, and making internal changes that result in a more efficient and effective
work product. The County Attorney Office has completed its restructuring to assure that
Requests for Legal Services are completed promptly, and that there will be overlapping areas of
expertise within the Office. To increase our efficiency, this effort will require further
improvements in our planning, assignment of responsibilities, and establishment of
accountability to assure continued enhancement within the Office.
Specific areas that I propose as part of next year's action plan are:
1. Oral Presentations at Meetings. I will continue to work to assure that both the County
Attorney's and the County Attorney Office's presentations at Board of County
Commissioners' meetings, advisory board meetings, and workshops are clear, concise and
effective. All presenters will be charged with making presentations that avoid legalese and
focus on the legal issue in a simple, understandable and brief manner.
Self Analysis:
No change from prior years. This Office will continue to endeavor to follow former County
Manager Jim Mudd's approach of the three B's with respect to Board presentations; that
"you be Brief, be Brilliant, and Be gone."
Commissioner Comments:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating , 3.3
Page 2 of 9
•
jenuu 'a41 8170Z) uoi;enlen3 91 OZ-S I,OZAd uar- Jeuoissivauro3 :;uaury�e;;y
Q M
6
a
m
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner.
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comments:
Below Meets Exceeds r,
Standards Standards Standards U
1 2 3Clizt1))1
Rating ,
3. Processing Requests for Legal Services. This year, this Office's response time to Requests
for Legal Services (RLS's) continued to exceed 90% of all RLS's being processed within 48
hours. There will always be a number of legal assignments, due to their complex nature, that
take weeks and even months to complete. Accordingly, this Office will continue to achieve a
48-hour (or less) turnaround time on 90% of all future Requests for Legal Services received
from the Board of County Commissioners and County Manager agencies. A report will be
run from Client Profiles (this Office's data management system) to determine turnaround
time. This will include preparation and review of documents for legal sufficiency prior to
consideration by the Board of County Commissioners for Board action, including, but not
limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other
legal documents requested by County Commissioners, the County Manager, or the staff.
Self Analysis:
The response time to Requests for Legal Services (RLS's) this year was 94% of all RLS's
being processed within 48 hours. As always, a number of legal assignments, due to the
complex nature, take weeks and even months to complete. I believe the Office has fully
achieved my goals in this area, the results of which are demonstrated in the next Goal and
Objective, which is Client Satisfaction/Peer Review.
Prior to becoming the County Attorney for the period April through June 2007, the average
turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or
Page 3 of 9
ienuuv aqi : Bt'OZ) uogenlen3 96OZ-SIOZAd Moiz;elf{ ar-aoi4el aauolss!wwoo :}uawyoefy
Z Q M
N �
a
Y
less. Smaller samples taken from prior years showed that an 11-day turnaround had been a
longstanding practice with the Office.
Commissioner Comments:
Below Meets Exceeds
Standards Standards Standards
1 2 3
l-
Rating H
4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this
Office. In furtherance of this goal, I have instituted a practice in which performance
evaluation reports are sent to the various Division Administrators and Managers each year to
assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to
3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds
Standards. Individual evaluations are then totaled and averaged to determine this Office's
collective score, with a goal of 75% rating level for exceeding expectations. Client reviews
will factor into each of the Assistant County Attorney's performance evaluations.
Self Analysis:
Again this year, an Attorney-Client Feedback form was provided to the County Manager,
Deputy County Manager, Department Heads and select Managers, to solicit their opinions
regarding the services they receive from the County Attorney Office. These results are
utilized to shift workloads if departments are not satisfied with our services; they are also
utilized in the attorney's individual annual performance evaluations, and in restructuring
decisions.
The following is a chart showing a comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014,
2015 and 2016 overall client feedback. As you can see, during my tenure as County
Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This
year this Office attained an 80% "Exceeds" expectation, with 20%"Meets" expectations.
Page 4 of 9
ah
ienuuv aul 8ti0Z) vol; enlen3 9l 0Z-Sl.0ZAA nno�z;el}{;}ar-aol�(el iauolssivauaoo :;uauayoe;;y r
cl
a
m
CV
v
a
Comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016 °'
Attorney-Client Feedback Overall Results J
90%
-'''r .i ikitiosv
tea ". u--A-,....,4,',F4'
£, t''� .,a 3 '°r
8010 a '2 �e Y n1 s ?fit•f��, i��A
A
70'10
F
�{5.. ''kIWP4f*ifn'fefiAtVTUeor,r:'tt,;qiL%'(.kt'iitrzzlreA4*,sw,lrgtr„tzZ„tl,
L-7: ;14N17111� , C..:M1 t'S+fig
60°10 ` 5 �.
74V.4 El
Y'
,
50% �`'
40% '1u
j P � i Sic ''
30 ,,,,,„A , 'A:A,'- ., gr, c,, ,k,,,,,,0440t,11,Ltirittataq0,1 44,A*4:V.02..47",..,:‘'..140'40.44‘,Alf.ti;.$41.C.,fil..',• I
010 ''7' " ;7 'n , ,,,,,,,,,stritoloor,s,„,i-44,4t„,,I.,:„.p..-F40,,, ,,,,,,,w,„,,,,,,,,I.....e-,,,,,-,„...,;-
,
20% a'�
10% i , . '''IU4 ',:
--',.,t'' , t 1' ' a 't'. ' i <i ®fte
1A14,4' tiic, ,,44--,i- C4,7,-.7.737;7.17,7.f.#4,4,--Peolv, ;, ..nr):..i °�0
0% w -� c n'
Exceeds Meets Does Not Meet N/A
II 2008 a 2009 a 2010 a 2011 a 2012 2013 2014 2015 2016
,
1 Theattorney_listens to,understands,and considers the views of employees in my_agency,,.__
2 The attorney utilizes creabwty insolwng problems and developing arguments and positions. j
3 The attorney is accessible,responding m a timely manner and keeping me adequately informed of the case,protect or issue development.T
4 The attorney.handles conflict with sensitivity to the issues and considerations involved
5 The attorney demonstrates firmness and assertiveness in pursuing orprotecting the interests of my division.
6 The attorneymakes decisions and recommends solutions that are workable and consistent with agency s goals and objectives �'.
7 The attorney takes the bine to understand the business processes of my division I departments.
8-The
attorney communicates both ora�y and m writing in a clear effective and concise manner.
Commissioner Comments:
tilt
\91))1
Below Meets Exceeds
Standards Standards Standards
1 2 3Y°14114
Rating
Page 5 of 9
o ienuud eqj : 8tioz) uoi}enien3 960Z-S 60ZAd Moliz;ei}i iter-.roiAel Jeuoissp.uwo3 :;uaw ;pgoe r
chm
5. Fiscal Management. I will continue to develop and effectively administer an annual budget
for the Office of the County Attorney in conformance with policies adopted by the Board of a
County Commissioners,while at the same time improving the quality of this Office.
Self Analysis:
On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300
in FY 2009, to the current request of $2,340,600 for FY 2016, while eliminating sixteen
positions in that same time period. As set forth in the following chart, during that period this
Office met or exceeded Board budget direction.
■Board DirectionPercentage Increase/Decrease Per Year/Net Cost to General Fund
It Percentage Increase/Decrease Per Year/Net Cost to General Fund
5 ..�'J 3 2.9 2.5
0 0 0 • .3
-0.7
-5 '/ 4.5 -3 -3 -3.2
-5-5.0 -5
-6.1
-10 -8.2
�,. -15 13,6
FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17
The reduction in personnel was accomplished with no loss in service. Overall office
efficiency has been increased by cross-training the assistant county attorneys and support
staff, by reassigning work to higher performers, and by over time replacing legal secretaries
with paralegals who can do higher level work. In the future, as the County's business and
population grows, I expect the Office will slowly grow at a similar pace to the County
Manager's Agency. New personnel will be hired and trained with an emphasis towards long-
term succession planning.
Commissioner Comments:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating
33
Page 6 of 9
lenuu'' eql : gtiQZ) uogenlen3 91.0Z-S 60ZAd mcnizlel}{gar- Jeuo!ss!wwo3 :;uawgoeny
Q M
a1
a
6. Public Records and Sunshine Law. This Office will continue to educate and update County
staff, and advisory board members through periodic workshops/seminars, (e.g. Sunshine °`
Law, Public Records Act, State and local ethics law). This Office will also conduct seminars
with staff on various topics of interest.
Self Analysis:
As of the end of August 2016, this Office will have made 4 presentations/workshops/
seminars to County staff and advisory board meetings.
1. October 15, 2015 - Ethics training at Public Utilities Division;
2. October 21, 2015 - Sunshine Law and Public Records presentation to the Historic and
Archeological Preservation Board;
3. December 3, 2015 - Sunshine Law, Public Records, and Ethics Training for the newly
formed Growth Management Oversight Committee;
4. April 25, 2016—Presentation of the Sunshine Law, Conflicts and Ethics to the TDC;
Our Power Point presentations relating to Government in the Sunshine, Public Records Act,
Ethics Laws and Social Networking are available on the internet at www.colliergov.net on the
County Attorney web page for viewing by advisory board members, staff and the public.
Commissioner Comments:
(AI
Below Meets Exceeds
Standards Standards Standards
1 2 3 V
Rating
7. Litigation. We will continue to effectively and efficiently manage litigation using primarily
in-house counsel and secondarily through the use of outside counsel as needed. We will keep
the Board abreast of the County's litigation through quarterly reports for the Board with
respect to current litigation, including potential or anticipated legal issues that may come
before the Board of County Commissioners.
Self Analysis:
This Office manages the County's litigation. To keep the Board informed, a number of years
ago I commenced the process of providing the Board with quarterly reports of our litigation
activity. As of the July 2016 Litigation Report, there are at present a total of 100 open cases,
the bulk of which concern foreclosures (45) and eminent domain (35). For comparison, in
Page 7 of 9
lenuuv a41 : spoZ) uol;enien3 91.0Z-S I.OZ)d Mo)lz;el}l gar-Jo!Ael aauolss!wwo3 :;uauagoe;;y
M
eNi a.
r
m
our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which
a.
concerned bankruptcy and foreclosures (151) and eminent domain (40). Major litigation is
essentially half today as it was then, and with exception of eminent domain matters, there is
not a single case where the County is at risk for a material judgment (outside of the Hussey
case in which a Court-approved settlement agreement was appealed by an environmental
group). A copy of the last Quarterly Litigation Report (July 2016), with updates highlighted
in yellow(we update daily) is attached.
Commissioner Comments:
111
\)1
Below Meets Exceeds
Standards Standards Standards 1)0111
1 2 3
Rating -3 3
8. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly
advertised.
Self Analysis:
Beginning in 2009, with the assistance of the County Manager's Office and the Clerk to the
Board, this Office has monitored all legal advertisements for public hearings before the
Board of County Commissioners. The purpose was to ensure that all legal ads met statutory
and Code requirements and made part of the record as back-up material for the agenda item.
Since then, our oversight has expanded to include legal ads for the Planning Commission.
In addition to working with departments in drafting legal ads, our Office receives copies of
all ad requests, which are reviewed by the assigned attorney before they are forwarded to the
Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal
in taking on this responsibility is to avoid the delays, waste, and the potential for legal
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by not running ads that are not required.
Commissioner Comments:
Below Meets Exceeds t �/
Standards Standards Standards
1 2 3
Rating 3
Page 8 of 9
ienuuy a41 : 8ti0Z) uol;eniena 9�OZ-S 6OZAJ Mo)1z;eD1 mar-Jo�Ael Jauoiss!wwo3 :;uawyoe;;y
11-)
co
a
9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances,
plats and other documents are properly processed, recorded, and codified with Municode.
Self Analysis:
We have been fully successful in monitoring and processing Board approved documents
from approval, Chairman's signature, delivery to the Clerk to the Board and submission to
Municode for codification as appropriate.
Commissioner Comments:
.9111/
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating .2,3
10. Advisory Boards. The Board tasked this Office to manage its Advisory Boards. We
continue to advertise new openings and bring appropriate Executive Summaries to the Board.
Self Analysis:
We have successfully integrated and managed this task with existing staff We coordinate
with the Communications and Customer Relations Division to make sure that the new
openings are posted and the current information is posted on the County's website. We
coordinate with the various advisory board liaisons to get recommendations for
appointments, resignations, etc. We then bring the items to the Board of County
Commissioners for consideration.
Commissioner Comments:
Below Meets Exceeds
Standards Standards Standards
1 2 3 y
)))
Rating o2,35
Page 9 of 9
12.A.d
FY 2015 / 2016 Action Plan o
Jeffrey A. Klatzkow, County Attorney
O
The County Attorney is charged with the responsibility of planning, directing and reviewing the
activities and operations of the Office of the County Attorney. The County Attorney is the legal -�
advisor and counsel for the Board of County Commissioners, its advisory boards and advisory
committees. The County Attorney also provides legal counsel to and assists the County Manager N
and his agencies in order to facilitate the goals and objectives established for the County
Manager by the Board of County Commissioners. a
The County Attorney, through the assistant county attorneys and supporting staff, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions a°
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and
other Board signatory documents.
co
The County Attorney's Employment Agreement with the Board of County Commissioners N
provides for an annual evaluation of the County Attorney's performance. By custom, this —�
performance has been measured against performance objectives set forth in that year's annual o
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below 3
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are ra
then totaled and averaged to determine the Board's collective position.
The following is the County Attorney's Action Plan for the 2015-2016 Fiscal Year. The Action
Plan is based on the broad areas generally expected to be performed by the Managing Partner of N
a significant law firm, including: legal advice; leadership and organizational direction; >-
communications; fiscal management; and personnel management.
0
N
w
a3
a)
ca
LL
I-
a)
_
O
.N
N
E
E
O
U
a)
E
U
l0
4-
Page 1 of 9
I Packet Pg. 346
1 2.A.d
Goals for Fiscal Year 2015-16:
°
I will continue to initiate changes to create a more efficient work environment. This will include
hiring and retaining the best employees, focusing on how to conduct business with better
customer service results, and making internal changes that result in a more efficient and effective
work product. The County Attorney Office has completed its restructuring to assure that cp
Requests for Legal Services are completed promptly, and that there will be overlapping areas of
expertise within the Office. To increase our efficiency, this effort will require further
improvements in our planning, assignment of responsibilities, and establishment of y
accountability to assure continued enhancement within the Office. 12
Specific areas that I propose as part of next year's action plan are:
Cs
E
1. Oral Presentations at Meetings. I will continue to work to assure that both the County
Attorney's and the County Attorney Office's presentations at Board of County a
Commissioners' meetings, advisory board meetings, and workshops are clear, concise and
effective. All presenters will be charged with making presentations that avoid legalese and
focus on the legal issue in a simple, understandable and brief manner. d
Self Analysis: co
No change from prior years. This Office will continue to endeavor to follow former County
Manager Jim Mudd's approach of the three B's with respect to Board presentations; that °
"you be Brief, be Brilliant, and Be gone."
Commissioner Comments:
N
LL
0
co
cC
Below Meets Exceeds tL
Standards Standards Standards
1 2 3
Rating 3 E
.E
E
0
U
r
c
V
cs
w
Page 2 of 9
Parket Pa_ 147
12.A.d
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will c
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple, 0
understandable and brief manner.
Self Analysis:
Cs
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comments:
0
a,
a
To
a)
Below Meets Exceeds
Standards Standards Standards ••
co
1 2 3
0
Rating 2.5
0
Ca
3. Processing Requests for Legal Services. This year, this Office's response time to Requests To
for Legal Services (RLS's) continued to exceed 90% of all RLS's being processed within 48 W
hours. There will always be a number of legal assignments, due to their complex nature, that
take weeks and even months to complete. Accordingly, this Office will continue to achieve a
48-hour (or less) turnaround time on 90% of all future Requests for Legal Services received
from the Board of County Commissioners and County Manager agencies. A report will be
run from Client Profiles (this Office's data management system) to determine turnaround
time. This will include preparation and review of documents for legal sufficiency prior to N
consideration by the Board of County Commissioners for Board action, including, but not
limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other
legal documents requested by County Commissioners, the County Manager, or the staff
Self Analysis:
The response time to Requests for Legal Services (RLS's) this year was 94% of all RLS's
being processed within 48 hours. As always, a number of legal assignments, due to the
complex nature, take weeks and even months to complete. I believe the Office has fully
achieved my goals in this area, the results of which are demonstrated in the next Goal and
Objective, which is Client Satisfaction/Peer Review. U
r
a)
Prior to becoming the County Attorney for the period April through June 2007, the average
turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or
asPage 3 of 9
I Packet Pa_ 3441
12.A.d
less. Smaller samples taken from prior years showed that an 11-day turnaround had been a °
longstanding practice with the Office. r
Commissioner Comments:
0
352 m
L
L
Q.
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3 `o
a
4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this
Office. In furtherance of this goal, I have instituted a practice in which performance
evaluation reports are sent to the various Division Administrators and Managers each year to ••
assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to c
3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds
Standards. Individual evaluations are then totaled and averaged to determine this Office's d
collective score, with a goal of 75% rating level for exceeding expectations. Client reviews
will factor into each of the Assistant County Attorney's performance evaluations. Trs
w
Self Analysis:
N
Again this year, an Attorney-Client Feedback form was provided to the County Manager, CN
Deputy County Manager, Department Heads and select Managers, to solicit their opinions
regarding the services they receive from the County Attorney Office. These results are
utilized to shift workloads if departments are not satisfied with our services; they are also
utilized in the attorney's individual annual performance evaluations, and in restructuring
decisions.
The following is a chart showing a comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014, cou
2015 and 2016 overall client feedback. As you can see, during my tenure as County
Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This
year this Office attained an 80% "Exceeds"expectation, with 20% "Meets" expectations. o
co
a
Page 4 of 9
I Packet Pn 34Q
12.A.d
a)
c
Comparison of 2008, 2009, 2010, 2011, 2012, 2013, 2014,2015 and 2016
Attorney-Client Feedback Overall Results Q
r
c
0
90% ,� V
x � � r� 4�7 ri a�. z -i''V.4X.- .td4 a,
� 4 +_s,1i} - P,,. ' s .0
t
,
70%
N
60% aiQ
c
50% co
40% x:
L
.a
a
ct
30% 1730
c
c
20% •
d
H
10% . ao
0
0% _ r'aE'�i >: - -�: c
Exceeds Meets Does Not Meet N/A 0
To
0
■2008 ®2009 ■2010 ■2011 ■2012 ■2013 ■2014 ■2015 a 2016 ca
tu
in
co
T-
0
1 The attorney listens to understands,and considers the views of enloyees in my.agency. N
2-The attorney utilizes creativity in solving problems and developing arguments and pos+tions...
3 The attorney is accessible,responding in a timely manner and keeping me adequately informed of the case,project or issue development. c
4-The attorney handles conflict with sensitivity to the issues and considerations inwlved N
5-The attorney demonstrates firmness and assertiveness in pursuing or protecting the interests of my division. LL
6-The attorney makes decisions and recommends solutions that are workable and consistent with agency's goals and objectives.
7-The attorney takes the time to understand the business processes of my division/departments. o
8-The attorney communicates,both orally and in writing in a clear,effective and concise manner.
Y
as
Commissioner Comments: Y
4-
For me, personally, I c03
an go to the County Attorney and always get a truthful response. I'm
pleased when he communicates with helpful advice and comments.
To
Y.
L
a)
c
0
y
N
Below Meets Exceeds E
Standards Standards StandardsE
1 2 3 0
C)
�, Rating 2.5
a)
E
s
0
Q
Page 5 of 9
1 Packet Pa.350
12.A.d
5. Fiscal Management. I will continue to develop and effectively administer an annual budget w^
for the Office of the County Attorney in conformance with policies adopted by the Board of
County Commissioners,while at the same time improving the quality of this Office.
Self Analysis:
On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300
in FY 2009, to the current request of $2,340,600 for FY 2016, while eliminating sixteen
positions in that same time period. As set forth in the following chart, during that period this u
Office met or exceeded Board budget direction. a
■Board DirectionPercentage Increase/Decrease Per Year/Net Cost to General Fund
■Percentage Increase/Decrease Per Year/Net Cost to General Fund
32.9 2.5
0 0ILP 0 a.
To
-0.7
5 -3 -3 -3.2
4.5 -5-5.0 -5 )
6.1
-10 -V -8.2
o
et-15 13.6
FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17
0
Cs
W
The reduction in personnel was accomplished with no loss in service. Overall office
efficiency has been increased by cross-training the assistant county attorneys and support
staff, by reassigning work to higher performers, and by over time replacing legal secretaries
with paralegals who can do higher level work. In the future, as the County's business and
population grows, I expect the Office will slowly grow at a similar pace to the County u'
Manager's Agency. New personnel will be hired and trained with an emphasis towards long-
term succession planning.
Y
Commissioner Comments:
You have a great staff! They are always helpful to County Staff and Community Members. -�
To
Below Meets Exceeds •N
Standards Standards Standards rn
1 2 3 E
• E
Rating 2.5 0
_.�
E
co
Page 6 of 9
I Packet Pq. 351
12.A.d
cp
6. Public Records and Sunshine Law. This Office will continue to educate and update County
staff, and advisory board members through periodic workshops/seminars, (e.g. Sunshine
Law, Public Records Act, State and local ethics law). This Office will also conduct seminars
with staff on various topics of interest. a
Self Analysis:
As of the end of August 2016, this Office will have made 4 presentations/workshops/ 7.6
4162
seminars to County staff and advisory board meetings.
Cs
L
a..
1. October 15, 2015 - Ethics training at Public Utilities Division; Q
2. October 21, 2015 - Sunshine Law and Public Records presentation to the Historic and
Archeological Preservation Board; a
3. December 3, 2015 - Sunshine Law, Public Records, and Ethics Training for the newly
formed Growth Management Oversight Committee;
4. April 25, 2016—Presentation of the Sunshine Law, Conflicts and Ethics to the TDC; a
Our Power Point presentations relating to Government in the Sunshine, Public Records Act,
Ethics Laws and Social Networking are available on the internet at www.colliergov.net on the
County Attorney web page for viewing by advisory board members, staff and the public.
co
Commissioner Comments:
N
0
466
Ta
W
co
N
Below Meets Exceeds
Standards Standards Standards >-
1 2 3 LL
Rating 3 0
N
-Na
C6
7. Litigation. We will continue to effectively and efficiently manage litigation using primarily
in-house counsel and secondarily through the use of outside counsel as needed. We will keep
the Board abreast of the County's litigation through quarterly reports for the Board with
respect to current litigation, including potential or anticipated legal issues that may come
before the Board of County Commissioners.
.y
Self Analysis:
This Office manages the County's litigation. To keep the Board informed, a number of years U
ago I commenced the process of providing the Board with quarterly reports of our litigation a
activity. As of the July 2016 Litigation Report,there are at present a total of 100 open cases, E
the bulk of which concern foreclosures (45) and eminent domain (35). For comparison, in
.I.a
Page 7 of 9
I Packet Pa. 352
12.A.d
our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which
concerned bankruptcy and foreclosures (151) and eminent domain (40). Major litigation is o
essentially half today as it was then, and with exception of eminent domain matters, there is
not a single case where the County is at risk for a material judgment (outside of the Hussey
case in which a Court-approved settlement agreement was appealed by an environmental
group). A copy of the last Quarterly Litigation Report (July 2016), with updates highlighted m
in yellow(we update daily) is attached.
0
w
Commissioner Comments:
This is a tough subject in our"sue-happy"world, but our legal team excels, in my opinion.
0.
CD
Below Meets Exceeds
Standards Standards Standards o
1 2 3
m
Rating 3
8. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly
advertised. •
Self Analysis:
0
N
Beginning in 2009, with the assistance of the County Manager's Office and the Clerk to the c
Board, this Office has monitored all legal advertisements for public hearings before the
Board of County Commissioners. The purpose was to ensure that all legal ads met statutory Ts
and Code requirements and made part of the record as back-up material for the agenda item. w
Since then, our oversight has expanded to include legal ads for the Planning Commission.
In addition to working with departments in drafting legal ads, our Office receives copies of o
all ad requests, which are reviewed by the assigned attorney before they are forwarded to the >-
Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal u`
in taking on this responsibility is to avoid the delays, waste, and the potential for legal
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by not running ads that are not required.
a)
Commissioner Comments:
as
To
Below Meets Exceeds
Standards Standards Standards vi
1 2 3
Rating 3
4-
aCJ'
E
.J
Page 8 of 9
I Packet Pa. 353
12.A.d
a
9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances,
plats and other documents are properly processed, recorded, and codified with Municode.
Self Analysis:
We have been fully successful in monitoring and processing Board approved documents
from approval, Chairman's signature, delivery to the Clerk to the Board and submission to
Municode for codification as appropriate.
Commissioner Comments: o.
a)
f0
Below Meets Exceeds
Standards Standards Standards ,o
1 2 3 `m
Rating 3
10. Advisory Boards. The Board tasked this Office to manage its Advisory Boards. We
continue to advertise new openings and bring appropriate Executive Summaries to the Board.
co
Self Analysis:
N
We have successfully integrated and managed this task with existing staff. We coordinate
with the Communications and Customer Relations Division to make sure that the new
openings are posted and the current information is posted on the County's website. We
coordinate with the various advisory board liaisons to get recommendations for W
appointments, resignations, etc. We then bring the items to the Board of County c
Commissioners for consideration.
N
u_
Commissioner Comments:
0
Hopefully this year we can take this job back into our department as your legal
responsibilities continue to grow.
c5
Below Meets Exceeds
Standards Standards Standards
1 2 3 a�
Rating 3
N
tnrp_e_4 -
m
S2wa
Page 9 of 9
I Packet Pa.354
12.A.e
COUNTY ATTORNEY FY 2015 - 2016 ACTION PLAN /
EVALUATION SUMMARY OF RATINGS
L
O
COMMISSIONER
ITEM FIALA HENNING NANCE TAYLOR AVERAGE
Oral
Presentations at
Meetings 3.00 3.00 3.00 2.33 2.83 03
Written Legal
Advice 2.50 2.50 3.00 2.50 2.63
Processing co
Requests for
Legal Services 3.00 2.50 3.00 2.50 2.75
Client
Satisfaction /
Peer Review 2.50 2.50 3.00 2.50 2.63 N
Fiscal
Management 2.50 2.50 3.00 2.33 2.58 N
Public Records u_
and Sunshine
Law 3.00 2.50 3.00 2.34 2.71
Litigation 3.00 2.50 3.00 2.33 2.71
Advertising 3.00 2.50 3.00 2.33 2.71
Agenda Items 3.00 2.50 3.00 2.33 2.71 0
Advisory Boards 3.00 2.50 3.00 2.33 2.71 c_)
Averages Per
Commissioner 2.85 2.55 3.00 2.38 ,o
I Overall Average 2.70 I
coa60/152 co
co
Overall Percentage 90%
U
N
a)
fC
w..
O
c
E
E
U,
C,
f
L
CC
W
Packet Pg. 355