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Agenda 04/10/2012 Item #16K34/10/2012 Item 16.K.3. EXECUTIVE SUMMARY Request to approve a Resolution revising the County Attorney Office Fiscal Year Pay and Classification Plan effective April 10, 2012, and to reinstate the job description for Managing Assistant County Attorney. OBJECTIVE: That the Board of County Commissioners approve, and authorize the Chairman to sign, a Resolution revising the County Attorney Office Fiscal Year Pay and Classification Plan effective April 10, 2012, and to reinstate the job description for Managing Assistant County Attorney. CONSIDERATIONS: When I became County Attorney in April 2008, there were thirteen attorneys in our Office, with a satellite office at Horseshoe. The organizational structure I adopted at that time created the position of Section Chiefs to best manage the Office. Since then I have consolidated the Horseshoe office into the main office and now, due to voluntary attrition, there are eight attorneys in the Office. Given this change, and the recent retirement of Jacqueline Hubbard, the former Litigation Section Chief, I believe it is appropriate to streamline the office's organizational structure to reflect current circumstances. As part of this reorganization, I am eliminating the Section Chief positions and reinstating the position of Managing Assistant County Attorney, which I eliminated in 2008 in favor of the Section Chief format. A copy of the revised organizational chart for the Office of the County Attorney is attached. The duties of the Section Chief - Litigation will be shared between the County Attorney, the Deputy County Attorney, and the Managing Assistant County Attorney. The duties of the Section Chief — Land Use and Transportation will now be done by the Managing Assistant County Attorney, who will report directly to the Deputy County Attorney. To go with the organizational changes, I am reclassifying Heidi Ashton from Section Chief for Land Use and Transportation to Managing Assistant County Attorney. No salary change results from this reclassification. A revised Collier County Attorney Pay and Classification Plan is also necessary to memorialize this reorganization. The proposed Plan is attached to the proposed Resolution. The only change reflected in the pay plan is the addition of the Managing Assistant County Attorney and the elimination of the Section Chiefs. No salary changes result from this administrative task. To further implement this new organizational structure, it is necessary to adopt job descriptions for the newly created position of Managing Assistant County Attorney. The proposed job description for this new position is attached to this Executive Summary. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. Packet Page -1625- 4/10/2012 Item 16.K.3. RECOMMENDATION: That the Board of County Commissioners approve, and authorize the Chairman to sign, a Resolution revising the County Attorney Office Fiscal Year Pay and Classification Plan effective April 14, 2012, and to reinstate the job description for the Managing Assistant County Attorney position. Prepared by: Jeffrey A. Klatzkow, County Attorney Packet Page -1626- 4/10/2012 Item 16.K.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3. Item Summary: Request to approve a Resolution revising the County Attorney Office Fiscal Year Pay and Classification Plan effective April 10, 2012, and to reinstate the job description for Managing Assistant County Attorney. Meeting Date: 4/10/2012 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 3/29/2012 11:14:26 AM Approved By Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 3/29/2012 3:29:16 PM Name: KlatzkowJeff Title: County Attorney Date: 3/30/2012 9:51:24 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/30/2012 1:16:32 PM Packet Page -1627- 4/10/2012 Item 16.K.3. RESOLUTION NO. 2012- A RESOLUTION APPROVING THE REVISED COUNTY ATTORNEY OFFICE 2012 FISCAL YEAR PAY AND CLASSIFICATION PLAN. WHEREAS, it has been the policy of Collier County to establish and administer a system of compensation based on principles of public accountability, external competitiveness, internal equity, relative complexity and responsibility between classifications, market economic conditions, County financial policies and appropriate federal, state and local laws pertaining to compensation so as to contribute to an environment conducive to employee motivation and productivity as is more fully set forth in Ordinance No. 96 -40, as amended by Ordinance No. 2001 -50; and WHEREAS, the reorganization of the Office of the County Attorney 4 is necessary to revise the County Attorney Pay and Classification Plan previously approved by the Board of County Commissioners. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Revised 2012 Fiscal Year Pay and Classification Plan for employees under the administration of the County Attorney, a copy of which is attached hereto as Exhibit 1, is hereby approved and adopted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of April, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA C , Deputy Clerk LIM FRED W. COYLE, CHAIRMAN Packet Page -1628- 4/10/2012 Item 16.K.3. REVISED 2012 FISCAL YEAR COLLIER COUNTY ATTORNEY OFFICE PAY AND CLASSIFICATION PLAN Rffentive Anril 10 Ml l 32 throuu �ugh'23 t ugh 19 TITLE GRADE MINIMUM MARKET POINT MAXIMUM MATCH POINT Deputy County Attorney 35 97,228 125,058 156,323 97,228 Managing Assistant County Attorney 33 71,211 113,432 141,790 71,211 Assistant County Attorney 31 1 61,515 102,886 128,608 61,515 Legal Office Administrator 23 48,245 68,924 86,155 75,816 Legal Assistant / Paralegal 19 43,281 56,759 70,949 62,435 Legal Secretary 15 33,406 43,846 54,808 48,231 Legal Administrative Secretary 13 28,568 39,770 49,712 43,747 32 throuu �ugh'23 t ugh 19 EXHI BIT 1 Packet Page -1629- k ( a � 4/10/2012 | m 1 6.K.3. Packet Page -1630- L � � 0 0 r. � � � � 0 � � � � � 0 � � M kOF r > �k£o� E§ 7e =g /2 ®fay a » a& |J N :? � $ E A/ )J 9} . ■ <� 0 � ■� �0 C° »$ Mae �A 2§ �� $A C)A �2 �° /J � ■� a2 Packet Page -1630- L � � 0 0 r. � � � � 0 � � � � � 0 � � M r > �k£o� E§ 7e =g /2 ®fay Pizza ju a& |J N � $ E Packet Page -1630- L � � 0 0 r. � � � � 0 � � � � � 0 � � M 4/10/2012 Item 16.K.3. MANAGING ASSISTANT COUNTY ATTORNEY PURPOSE OF CLASSIFICATION To assist in administering the activities of the County Attorney's Office; to provide a wide range of professional legal services to the Board of County Commissioners, County departments, and various boards and commissions; to handle complex and difficult litigation with minimal supervision; to draft and review ordinances, resolutions, contracts and other legal documents; to provide highly complex staff assistance to the County Attorney and Deputy County Attorney; and to provide professional, effective and efficient service for the public benefit. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required or assigned. Exercises direct and administrative supervision over subordinate attorneys and support staff. Assists and advises other attorneys as necessary regarding matters which have been assigned to them. Coordinate legal activities with other County departments, divisions and with outside agencies. Prepare and handle complex and sensitive litigation cases for hearings, trials, and other judicial proceedings; represent the County in such proceedings. Assist department directors in the investigation of allegations of personnel misconduct and EEOC complaints. Perform legal research and prepare written and oral opinions on various legal problems for the Board of County Commissioners, County departments, and various boards and commissions. Confer and render assistance to division heads in establishing division policies by applying legal points and procedures; and recommend changes in policies and procedures in order to meet legal requirements. Prepare, draft and review ordinances, resolutions, contracts, deeds, leases and other legal documents and instruments; offer opinions as to legal acceptability when presented to the County for consideration by an outside agent or agency. Investigate claims and complaints against the County and take or recommend appropriate action. Coordinate with the Risk Management Director to formulate proactive programs, policies and procedures to limit the County's exposure. Represent the County Attorney at various board and commission meetings and in court as directed by the County Attorney. Analyze a wide variety of legal issues. Conduct research on legal problems and prepare sound legal opinions. Communicate clearly and concisely, both orally and in writing. Analyze or prepare a wide variety of legal documents. Prepare and present litigation cases, including more complex and sensitive federal litigation. Perform legal work requiring the use of independent judgment. Represent the County in a wide variety of judicial and administrative proceedings. Packet Page -1631- 4/10/2012 Item 16.K.3. Collier County, Florida - Managing Assistant County Attorney Last Revised: 4/12 Establish and maintain cooperative relationships with those contacted in the course of work. a Assists the County Attorney and Deputy County Attorney in the supervision, training, and evaluation of assigned assistant county attorneys and support staff. Supervises assigned support staff and Assistant County Attorneys. Performs a variety of administrative duties associated with supervising staff, to include assigning work, providing guidance and direction; evaluating performance, and taking disciplinary action as necessary and assigned. Knowledge of: Legal principles and practices, including civil, criminal, constitutional, and administrative law and procedures. Methods of legal research at State and Federal levels. State and Federal Judicial procedures and rules of evidence. Ordinances, statutes and court decisions relating to County government. Organization and operating procedures of a County Attorney's Office. Tort law and liability insurance litigation. Personal injury, workers compensation, land use and civil rights laws. Statutes and court decisions relating to civil rights and public labor law, personal injury, workers compensation, liability, land use and civil rights law. State and Federal rules of civil procedures. ADDITIONAL FUNCTIONS Assist those contacted in the course of work in an effective, efficient and professional manner. Perform related duties as assigned. MINIMUM QUALIFIECATIONS Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Seven years of responsible professional legal experience, preferably including trial experience; or five years of increasingly responsible professional legal experience in county or other governmental law. Experience preferred in governmental litigation at federal as well as state level. Traininq: A Juris Doctorate from an accredited law school. License or Certificate Required membership in the State Bar of Florida. Page 2 of 3 Packet Page -1632- 4/10/2012 Item 16.K.3. Collier County, Florida - Managing Assistant County Attorney Last Revised: 4/12 Membership in, or the ability tobecome a member of, the Middle Federal District of Florida within one year of assuming the position. PERFORMANCE APTITUDES Data Utilization: Requires the ability to synthesize and integrate data for predicting, anticipating, and planning for future events impacting the organization. Includes determining strategic and tactical decisions at the highest organizational levels of authority and responsibility. Requires the ability to analyze a wide variety of legal issues and provide thoroughly researched clear, concise responses utilizing appropriate, acceptable legal principles and practices, including civil, constitutional, and administrative law and procedures. Human Interaction: Requires the ability to function in an attorney / counselor capacity for a major organizational unit requiring significant internal and external interaction. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and /or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize legal, consulting and advisory data and information, as well as reference, descriptive and /or design data and information as applicable. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations involving basic algebraic principles and formulas, and basic geometric principles and calculations. Functional Reasoning: Requires the ability to apply principles of legal, logical or scientific thinking to implement both intellectual and practical relationships. Involves responsibility for consideration and analysis of complex legal and organizational problems of major functions. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in critical and /or unexpected situations involving moderate risk to the organization. Leadership: Demonstrates the ability to independently research, advise and guide assigned departments/divisions with appropriate legal guidance on complex policies, issues and other legal matters. Customer Service: Demonstrates a strong customer service approach by providing effective, efficient, responsive, reliable and high quality services to internal as well as external customers ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, t which may involve some lifting, carrying, pushing and /or pulling of objects and materials of light weight (5 -10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Page 3 of 3 Packet Page -1633- 4/10/2012 Item 16.K.3. RESOLUTION NO. 2011- 176 A RESOLUTION APPROVING THE COUNTY ATTORNEY OFFICE 2012 FISCAL YEAR PAY AND CLASSIFICATION PLAN. WHEREAS, it has been the policy of Collier County to establish and administer a system of compensation based on principles of public accountability, external competitiveness, internal equity, relative complexity and responsibility between classifications, market economic conditions, County financial policies and appropriate federal, state and local laws pertaining to compensation so as to contribute to an environment conducive to employee motivation and productivity as is more fully set forth in Ordinance No. 9640, as amended by Ordinance No. 2001 -50; and WHEREAS, for the Office of the County Attorney, the Board of County Commissioners believes this policy may be achieved through a combination of an annual pay and classification plan for employees under the administration of the County Attorney and the approval from time to time, and as appropriate, of general wage adjustments. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The 2012 Fiscal Year Pay and Classification Plan for employees under the administration of the County Attorney, a copy of which is attached hereto as. Exhibit 1, is hereby approved and adopted. 2. Because of current economic conditions, there will be no general wage, merit, or cost -of- living adjustment in Fiscal Year 2012 for employees under the administration of the County Attorney, as is more particularly described in Exhibit 2 hereto. PASSED AND D4JLY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of September, 201 L ATTEST:IG © DW, . -BR , , CLERK or_.,_ s :. IL By. Att it As t0 ° k fiiQ�dtttt�! BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA W By: FRED W. COYLE, CHA Packet Page -1634- 4/10/2012 Item 16.K.3. EXHIBIT 1 2012 FISCAL YEAR COLLIER COUNTY ATTORNEY OFFICE PAY AND CLASSIFICATION PLAN TITLE GRADE MINIMUM MARKET POINT MAXIMUM MATCH POINT Deputy Assistant County Attorney 35 97,228 125,058 156,323 97,228 Section Chief 33 71,211 113,432 141,790 71,211 Assistant County Attorne / Of Counsel 3I 61,515 102,886 t 28,608 61,515 Legal Office Administrator 23 48,245 68,924 86,155 75,816 Le al Assistant/ Paralegal 19 43,281 56,759 70,949 62,435 Legal Secretary 15 33,406 43,846 54,808 48,231 Lejo Administrative Secretary 13 28,568 39,770 49,712 43,747 Deputy Assistant County Attorney encompasses Grades 32 through 35 Section Chief encompasses Grades 27 through 33 Assistant County Attorney encompasses Grades 24 through 31 Legal Office Administrator encompasses Grades 19 through 23 Legal Assistant / Paralegal encompasses Grades 17 through 19 Legal Secretary encompasses Grades 14 through 15 Legal Administrative S encompasses Grades 11 through 13 Packet Page -1635- 4/10/2012 Item 16.K.3. EXHIBIT 2 { FY 2012 COMPENSATION ADMINISTRATION PLAN 1. PHILOSOPHY The philosophy of Collier County Government is to provide a market -based compensation program that meets the following goals: - Facilitates the hiring and retention of the most knowledgeable, skilled and experienced employees available. - Supports continuous training, professional development and enhanced career mobility. - Recognizes and rewards individual and team achievement. - Recognizes that the current financial/economic/budget climate for FY 2012 impacts the affordability of merit increases. 2. OBJECTIVES In support of this compensation philosophy, the following objectives have been established for FY 2012: - Maintain a broadband pay plan that targets appropriate reward mechanisms for management, professional /technical and hourly employees. - Do not adjust salary ranges in FY 2012.,. - Provide no merit awards for FY 2012. - Provide no general wage or cost -of- living adjustments for FY 2012. 3. GENERAL WAGE ADJUSTMENT There will be no general wage adjustment or cost -of- living in Fiscal Year 2012 because of current economic conditions. 4. PAY PLAN MAINTENANCE The County Attorney has adopted the ranges established by the County Manager agency; however, some pay ranges have been combined to achieve a broadband effect. These ranges are on the attached Pay Plan. 5. MERIT There will be no merit awards in Fiscal Year 2012 because of current economic conditions. 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