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Agenda 10/10/2017 Item #12A10/10/2017 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 yea r 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. 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. 10/10/2017 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. FY 2016- 2017 Action Plan completed by Commissioner Solis (PDF) 2. Fy 2016 _ 2017 Action Plan completed by Commissioner Saunders (PDF) 3. FY 2016 _ 2017 Action Plan completed by Commissioner Taylor (PDF) 4. FY 2016 _ 2017 Action Plan completed by Commissioner McDaniel (PDF) 5. FY 2016 _ 2017 Action Plan completed by Commissioner Fiala (PDF) 6. Summary of Ratings by Commissioners (XLS) 10/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 12.A Doc ID: 3887 Item Summary: The Annual Performance Appraisal for the County Attorney Meeting Date: 10/10/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 10/04/2017 1:52 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 10/04/2017 1:52 PM Approved By: Review: County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/04/2017 1:59 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/04/2017 2:04 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/04/2017 2:27 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/04/2017 3:44 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM Page 1 of 9 FY 2016 / 2017 Action Plan 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 2016-2017 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 2 of 9 Goals for Fiscal Year 2016-17: 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: I would suggest that brevity should not necessarily be the driving factor. There have been instances where I believe the Board could have benefitted from further explanation and discussion. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X Page 3 of 9 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: Memoranda are clear and well reasoned. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 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 legality 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 95% 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 less. Smaller samples taken from prior years showed that an 11-day turnaround had been a longstanding practice with the Office. Page 4 of 9 Commissioner Comments: Response times are excellent. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 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, 2016 and 2017 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 94% “Exceeds” expectation, with 6% “Meets” expectations. Page 5 of 9 Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 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. 1 - The attorney listens to, understands, and considers the views of employees in my agency. 2 - The attorney utilizes creativity in solving problems and developing arguments and positions. 3 - The attorney is accessible, responding in a timely manner and keeping me adequately informed of the case, project or issue development. 4 - The attorney handles conflict with sensitivity to the issues and considerations involved. 5 - The attorney demonstrates firmness and assertiveness in pursuing or protecting the interests of my division. 6 - The attorney makes decisions and recommends solutions that are workable and consistent with agency's goals and objectives. Page 6 of 9 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: 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 $2,481,700 for FY 2018, while eliminating sixteen positions in that same time period. As set forth in the following chart, with the exception of this year, during that period this Office met or exceeded Board budget direction. 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. Going forward, 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 are being be hired and trained with an emphasis towards long-term succession planning. This year’s budget increase was due to a Board directed increase in Legal Aid, and a reconciliation of an accounting oversight last year’s budget, the absence of which would have resulted in meeting Board direction. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating x Page 7 of 9 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 2017, this Office will have made 2 presentations/workshops/ seminars to County staff and advisory board meetings. Our focus has lately been shifting to on-line resources, which I believe is easier and more convenient for people to access. 1. June 12 – Sunshine Law and Public Records presentation to the Conservation Collier Land Acquisition Committee; 2. July 10, 2017 - Ethics training for the Conservation Collier Land Acquisition Committee. 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: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 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. Currently, there are a total of 97 open cases, the bulk of which concern foreclosures (46) and eminent domain (36). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (151) and Page 8 of 9 eminent domain (40). Major litigation is a small fraction 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. A copy of the most current Quarterly Litigation Report (July 2017), with updates highlighted in yellow (we update daily) is attached. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 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 and Hearing Examiner. 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 Standards Meets Standards Exceeds Standards 1 2 3 Rating X Page 9 of 9 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: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 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 Standards Meets Standards Exceeds Standards 1 2 3 Rating X 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 2016-2017 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 Goals for Fiscal Year 2016-17: 1 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: 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: Page 2 of 9 Below Standards Meets Exceeds Standards Standards 1 2 3 Rating I Page 2 of 9 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. r, Commissioner Comments: 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 legality 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 95% 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 less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Page 3 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 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 legality 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 95% 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 less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Page 3 of 9 Commissioner Comments: 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, 2016 and 2017 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 94% "Exceeds" expectation, with 6% "Meets" expectations. Page 4 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 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, 2016 and 2017 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 94% "Exceeds" expectation, with 6% "Meets" expectations. Page 4 of 9 1 - The attorney listens to, understands, and considers the dews of employees in my agency. 2 - The attorney utilizes creativity in solving problems and developing arguments and positions. 3 - The attorney is accessible, responding in a timely manner and keeping me adequately informed of the case, project or issue development. 4 - The attorney handles conflict with sensitivity to the issues and considerations involved. 5 - The attorney demonstrates firmness and assertiveness in pursuing or protecting the 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. Commissioner Comments: Page 5 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating Page 5 of 9 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: 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 $2,481,700 for FY 2018, while eliminating sixteen positions in that same time period. As set forth in the following chart, with the exception of this year, during that period this Office met or exceeded Board budget direction. ■ Board DirectionPercentage Increase/ Decrease Per Year/ Net Cost to General Fund ■ Percentage Increase / Decrease Per Year / Net Costto General Fund 10 5.8 5 3 2.9 2.5 2. 0 0 0 M.3 0 -5 -3 -3 -3.2 -4.5-5-5.0 -5 -10 -8.2 -15 - FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16 FY 17 FY 18 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. Going forward, 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 are being be hired and trained with an emphasis towards long-term succession planning. This year's budget increase was due to a Board directed increase in Legal Aid, and a reconciliation of an accounting oversight last year's budget, the absence of which would have resulted in meeting Board direction. Commissioner Comments: Page 6 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating Page 6 of 9 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 2017, this Office will have made 2 presentations/workshops/ seminars to County staff and advisory board meetings. Our focus has lately been shifting to on-line resources, which I believe is easier and more convenient for people to access. 1. June 12 — Sunshine Law and Public Records presentation to the Conservation Collier Land Acquisition Committee; 2. July 10, 2017 - Ethics training for the Conservation Collier Land Acquisition Committee. .} 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: 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. Currently, there are a total of 97 open cases, the bulk of which concern foreclosures (46) and eminent domain (36). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (15 1) and Page 7 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 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 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. Currently, there are a total of 97 open cases, the bulk of which concern foreclosures (46) and eminent domain (36). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (15 1) and Page 7 of 9 eminent domain (40). Major litigation is a small fraction 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. A copy of the most current Quarterly Litigation Report (July 2017), with updates highlighted in yellow (we update daily) is attached. Commissioner Comments: 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 and Hearing Examiner. 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 Standards Meets Standards Exceeds Standards 1 2 3 Rating Z 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 and Hearing Examiner. 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: Page 8 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating Page 8 of 9 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: 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 Standards Meets Standards Exceeds Standards 1 2 3 Rating 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: Page 9 of 9 Below Standards Meets Exceeds Standards Standards 1 2 3 Rating Page 9 of 9 n 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 2016-2017 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 C-3 Goals for Fiscal Year 2016-17: 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: 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: �(%a ZX P4 -m Page 2 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Page 2 of 9 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: 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 legality 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 95% 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 less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Page 3 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 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 legality 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 95% 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 less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Page 3 of 9 Commissioner Comments: J 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, 2016 and 2017 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 94% "Exceeds" expectation, with 6% "Meets" expectations. Page 4 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 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, 2016 and 2017 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 94% "Exceeds" expectation, with 6% "Meets" expectations. Page 4 of 9 1 - The attorney listens to, understands, and considers the views of employees in my agency .2 - The attorney utilizes creativity in solving problems and developing arguments and positions. 3 -The attorney is accessible, responding in a timely manner and keeping me adequately informed of the case, project or issue development. 4 - The. attorney handles conflict with sensitivity to the issues and considerations involved. ,5 --.The attorney demonstrates firmness and assertiveness in pursuing or protecting the interests of my division. 6 - The attorney makes decisions and recommends solutions that are workable and consistent with agency's goals and objectifies. 7 - The attorney takes the time to understand the business processes of my division / departments. 6,-- The attorney, communicates, both orally and in writing in a clear, effective and concise manner. Commissioner Comments: OA of Page 5 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Page 5 of 9 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: 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 $2,481,700 for FY 2018, while eliminating sixteen positions in that same time period. As set forth in the following chart, with the exception of this year, during that period this Office met or exceeded Board budget direction. ■ Board Direction Percentage Increase/ Decrease Per Year/ Net Cost to General Fund ■ Percentage Increase/ Decrease Per Year/ Net Cost to General Fund 10 5.8 5 3 2.9 2.5 2. 0 0 0 1.3 0 -0.7 _5 4.5 -3 3 3.2 -5-5.0 -5 -10 -8.2 -15 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16 FY 17 FY 18 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. Going forward, 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 are being be hired and trained with an emphasis towards long-term succession planning. This year's budget increase was due to a Board directed increase in Legal Aid, and a reconciliation of an accounting oversight last year's budget, the absence of which would have resulted in meeting Board direction. Commissioner Comments: Page 6 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Page 6 of 9 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 2017, this Office will have made 2 presentations/workshops/ seminars to County staff and advisory board meetings. Our focus has lately been shifting to on-line resources, which I believe is easier and more convenient for people to access. 1. June 12 — Sunshine Law and Public Records presentation to the Conservation Collier Land Acquisition Committee; 2. July 10, 2017 - Ethics training for the Conservation Collier Land Acquisition Committee. 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.collier og v.net on the County Attorney web page for viewing by advisory board members, staff and the public. Commissioner Comments: 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. Currently, there are a total of 97 open cases, the bulk of which concern foreclosures (46) and eminent domain (36). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (15 1) and Page 7 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating Z 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. Currently, there are a total of 97 open cases, the bulk of which concern foreclosures (46) and eminent domain (36). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (15 1) and Page 7 of 9 eminent domain (40). Major litigation is a small fraction 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. A copy of the most current Quarterly Litigation Report (July 2017), with updates highlighted in yellow (we update daily) is attached. Commissioner Comments: TM /t¢a_y�osia4 4"- L°oU�r-ZY �v �o'� �� 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 and Hearing Examiner. 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 Standards Meets Standards Exceeds Standards 1 2 3 Rating 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 and Hearing Examiner. 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: Page 8 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Page 8 of 9 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: 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: x, .� Below Standards Meets Standards Exceeds Standards 1 2 3 Rating Z- 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: x, .� -e''l�l zx Page 9 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 -e''l�l zx Page 9 of 9 WLM 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 2016-2017 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 WLM Goals for Fiscal Year 2016-17: 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 Meetinf;s. 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: Provides clear and precise responses to inquiries from BCC. Page 2 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Page 2 of 9 WLM 2. Written Leizal 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: Jeff always responds to my requests for legal issues in a timely manner. 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 legality 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 95% 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 less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Page 3 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 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 legality 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 95% 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 less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Page 3 of 9 WLM Commissioner Comments: 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, 2016 and 2017 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 94% "Exceeds" expectation, with 6% "Meets" expectations. Page 4 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 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, 2016 and 2017 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 94% "Exceeds" expectation, with 6% "Meets" expectations. Page 4 of 9 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Comparison of 2008 through 2017 Attorney - Client Feedback Overall Results Exceeds Meets Does Not Meet N/A ■ 2008 02009 m2010 ■ 2011 s2012 om 2013 2014 2015 2016 2017 1 - The attorney listens to, understands, and considers the dews of employees in my agency - 2 - The attorney utilizes creativity in solving problems and developing arguments and positions. 3 - The attorney is accessible, responding in a timely manner and keeping me adequately informed of the case, project or issue development. 4 - The attorney handles conflict with sensitivity to the issues and considerations inwlved. 5 - The attorney demonstrates firmness and assertiveness in pursuing or protecting the 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. Commissioner Comments: 94% Meets Standards Exceeds Standards 1 2 3 Rating 80° 3 Rd 62µ Vi Cµ,�',✓ r ' 44% % 'I �20 21 1 y ti; Exceeds Meets Does Not Meet N/A ■ 2008 02009 m2010 ■ 2011 s2012 om 2013 2014 2015 2016 2017 1 - The attorney listens to, understands, and considers the dews of employees in my agency - 2 - The attorney utilizes creativity in solving problems and developing arguments and positions. 3 - The attorney is accessible, responding in a timely manner and keeping me adequately informed of the case, project or issue development. 4 - The attorney handles conflict with sensitivity to the issues and considerations inwlved. 5 - The attorney demonstrates firmness and assertiveness in pursuing or protecting the 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. Commissioner Comments: Page 5 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Page 5 of 9 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: 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 $2,481,700 for FY 2018, while eliminating sixteen positions in that same time period. As set forth in the following chart, with the exception of this year, during that period this Office met or exceeded. Board budget direction. 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. Going forward, 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 are being be hired and trained with an emphasis towards long-term succession planning. This year's budget increase was due to a Board directed increase in Legal Aid, and a reconciliation of an accounting oversight last year's budget, the absence of which would have resulted in meeting Board direction. Commissioner Comments: Page 6 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Page 6 of 9 WLM 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 2017, this Office will have made 2 presentations/workshops/ seminars to County staff and advisory board meetings. Our focus has lately been shifting to on-line resources, which I believe is easier and more convenient for people to access. 1. June 12 — Sunshine Law and Public Records presentation to the Conservation Collier Land Acquisition Committee; 2. July 10, 2017 - Ethics training for the Conservation Collier Land Acquisition Committee. 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.collier og v.net on the County Attorney web page for viewing by advisory board members, staff and the public. Commissioner Comments: 7. Liti atgL ion. 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. Currently, there are a total of 97 open cases, the bulk of which concern foreclosures (46) and eminent domain (36). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (15 1) and Page 7 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 7. Liti atgL ion. 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. Currently, there are a total of 97 open cases, the bulk of which concern foreclosures (46) and eminent domain (36). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (15 1) and Page 7 of 9 WLM eminent domain (40). Major litigation is a small fraction 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. A copy of the most current Quarterly Litigation Report (July 2017), with updates highlighted in yellow (we update daily) is attached. Commissioner Comments: 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 and Hearing Examiner. 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 Standards Meets Standards Exceeds Standards 1 2 3 Rating 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 and Hearing Examiner. 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: Page 8 of 9 Below Meets Standards Standards Exceeds Standards 1 2 3 Rating 3 Page 8 of 9 WLM 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: 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 Standards Meets Standards Exceeds Standards 1 2 3 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. 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: Page 9 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Page 9 of 9 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 2016-2017 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 Goals for Fiscal Year 2016-17: 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: Page 2 of 9 Below Meets Exceeds Standard Standard Standard s s s 1 2 3 Rating 2 Page 2 of 9 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: 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 legality 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 95% 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. Page 3 of 9 Below Meets Exceeds Standard Standard Standard s s s 1 2 3 Rating 2 1/2 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 legality 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 95% 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. Page 3 of 9 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 less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Commissioner Comments: 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, 2016 and 2017 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 a 94% "Exceeds" expectation, with 6% "Meets" expectations. Page 4 of 9 Below Meets Exceeds Standard Standard Standard s s s 1 2 3 Rating 3 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, 2016 and 2017 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 a 94% "Exceeds" expectation, with 6% "Meets" expectations. Page 4 of 9 The attorney listens to, understands and considers the News of employees In my agency. The attorney utilizes creatidty in soNing problems and developing arguments and positions. _ The attorney is accessible, responding in a timely manner and keeping me adequately informed of the case project or issue development. The attorney handles conflict with sensitivity to the issues and considerations involved. _ The attorney demonstrates firmness and assertiveness in pursuing or protecting the interests of my division. The attorney makes decisions and recommends solutions that are workable and consistent with agency's goals and objectives.. -.... The attorney takes the time to understand the business processes of my division / departments. The attorney communicates, both orally and in writing in a clear, effective and concise manner. - Commissioner Comments: Below Standards Comparison of 2008 through 2017 Exceeds Standards 1 2 Attorney - Client Feedback Overall Results Rating 100% — 94% 90% 80% 80% 70%° ° — AM%63% i 60% 54% ° 50% 44% 0% 40/0 % 5% 3 fo 30% 21— 3% ° 21% 20/o 20% 10% 6°070 %%°ih1°/1.1°/�°i9°rL)°i9% 1°'"°/u ,%%o/q°�o/U O/D % 0% Exceeds Meets Does Not Meet N/A ■ 2008 ■ 2009 ■ 2010 ■ 2011 ■ 2012 ■ 2013 ■ 2014 ■ 2015 ■ 2016 ■ 2017 The attorney listens to, understands and considers the News of employees In my agency. The attorney utilizes creatidty in soNing problems and developing arguments and positions. _ The attorney is accessible, responding in a timely manner and keeping me adequately informed of the case project or issue development. The attorney handles conflict with sensitivity to the issues and considerations involved. _ The attorney demonstrates firmness and assertiveness in pursuing or protecting the interests of my division. The attorney makes decisions and recommends solutions that are workable and consistent with agency's goals and objectives.. -.... The attorney takes the time to understand the business processes of my division / departments. The attorney communicates, both orally and in writing in a clear, effective and concise manner. - Commissioner Comments: Page 5 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Page 5 of 9 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: 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 $2,481,700 for FY 2018, while eliminating sixteen positions in that same time period. As set forth in the following chart, with the exception of this year, during that period this Office met or exceeded Board budget direction. 3 2.5 p 0 0 .3 -0.7 -4.5 -5-5.0 -5 -8.2 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. Going forward, 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 are being hired and trained with an emphasis towards long-term succession planning. This year's budget increase was due to a Board directed increase in Legal Aid, and a reconciliation of an accounting oversight last year's budget, the absence of which would have resulted in meeting Board direction. Commissioner Comments: ■ Board Direction Percentage Increase/ Decrease Per Year/ Net Cost to General Fund Meets Standards Exceeds Standards ■ Percentage Inaease / Decrease Per Year/ Net Cost to General Fund 2 3 10 3 5.8 5 2.9 2.5 0 -5 -3 -3 -3.2 -10 -15 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16 FY 17 FY 18 3 2.5 p 0 0 .3 -0.7 -4.5 -5-5.0 -5 -8.2 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. Going forward, 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 are being hired and trained with an emphasis towards long-term succession planning. This year's budget increase was due to a Board directed increase in Legal Aid, and a reconciliation of an accounting oversight last year's budget, the absence of which would have resulted in meeting Board direction. Commissioner Comments: Page 6 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Page 6 of 9 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 2017, this Office will have made 2 presentations/workshops/ seminars to County staff and advisory board meetings. Our focus has lately been shifting to on-line resources, which I believe is easier and more convenient for people to access. 1. June 12 — Sunshine Law and Public Records presentation to the Conservation Collier Land Acquisition Committee; 2. July 10, 2017 - Ethics training for the Conservation Collier Land Acquisition Committee. 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: 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. Currently, there are a total of 97 open cases, the bulk of which concern foreclosures (46) and eminent domain (36). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (151) Page 7 of 9 BelowMeets Standards Standards Exceeds Standards 1 2 3 Rating 21/2 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. Currently, there are a total of 97 open cases, the bulk of which concern foreclosures (46) and eminent domain (36). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (151) Page 7 of 9 and eminent domain (40). Major litigation is a small fraction 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. A copy of the most current Quarterly Litigation Report (July 2017), with updates highlighted in yellow (we update daily) is attached. Commissioner Comments: 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 and Hearing Examiner. 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 Standards Meets Standards I Exceeds I Standards 1 2 3 Rating 21/2 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 and Hearing Examiner. 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: Page 8 of 9 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Page 8 of 9 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: 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 Standards Meets Standards Exceeds Standards 1 2 3 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. 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: Page 9 of 9 Below Meets Standards Standards Exceeds Standards 1 2 3 Rating 3 Page 9 of 9 ITEM FIALA SOLIS SAUNDERS TAYLOR AV ERAGE Oral Presentations at Meetings 2.00 2.00 2.00 3.00 2.40 Written Legal Advice 2.50 3.00 3.00 3.00 2.90 Processing Requests for Legal Services 3.00 3.00 3.00 3.00 3.00 Client Satisfaction / Peer Review 3.00 3.00 3.00 3.00 3.00 Fiscal Management 3.00 3.00 3.00 3.00 3.00 Public Records and Sunshine Law 2.50 2.00 3.00 2.00 2.50 Litigation 2.50 3.00 2.00 3.00 2.70 Advertising 3.00 3.00 3.00 3.00 3.00 Agenda Items 3.00 3.00 3.00 2.00 2.80 Advisory Boards 3.00 3.00 3.00 3.00 3.00 Averages Per Commissioner 2.75 2.80 2.80 2.80 2.83 coa60/152 Overall Percentage 94% COUNTY ATTORNEY FY 2016 - 2017 ACTION PLAN / EVALUATION SUMMARY OF RATINGS COMMISSIONER 3.00 Overall Average McDANIEL 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00