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Agenda 09/28/2010 Item #12B Agenda Item No. 12B September 28, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners review and approve the proposed FY 2010 _ 2011 Action Plan for Jeffrey A. KIatzkow, County Attorney. OBJECTIVE: Recommendation that the Board of County Commissioners review and approve the proposed FY 2010-20] I Action Plan for Jeffrey A Klatzkow, County Attorney. CONSIDERATIONS: The County Attorney reports directly to the Board of County Commissioners. In order to assure that the County Attorney's work performance is coordinated with the direction of the full Board, the County Attorney's contract requires that an annual Action Plan is developed by which the County Attorney will be evaluated throughout the fiscal year. Specifically, the Agreement provides as follows: ~ "Employer and Employee shall negotiate in good faith to establish, within one hundred and twenty (120) days after execution of the County Attorney Employment Agreement, a perforn1ance based merit system through which Employee shall be eligible for a merit adjustment upon the successful completion of measurable goals and objects to be completed or attained by the Employee during the 2009 fiscal year and each fiscal year thereafter during the teffi1 of this Agreement. " Attached to this Executive Summary is a proposed Action Plan. The intent of the Action Plan is to establish objective performance standards in which both the County Attorney and the County Attorney Office can be evaluated. The Plan also includes specific goals and objectives which I hope to achieve this year. FISCAL IMPACT: There is no fiscal impact associated with approval ofthis Action Plan. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: The Board of County Commissioners review and approve the proposed FY 2010-2011 Action Plan for Jeffrey A. Klatzkow, County Attorney. Prepared by: Jeffrey A. Klatzkow, County Attorney COA60/52 .-- Agenda Item No. 12B September 28, 2010 Page 2 of 5 COLliER COliNTY BOARD OF COlll-/" ::OMM1S7.IONL'RS Meeting Date: 128 R~r0ri;J'TIendatlon ':1 " the Boare! 'If COll~ty CCr:lml~,,,lbnersrb\'i'r:\"J '_:;-:J Clpprove the proposed FY 20lD ~ 2Q~ , lull Plein tor Jeffrey A. Klatzkow, County Attorney. 9/28/2CI~ ,i 9'SlrOD AM Item Number: Item Summary: Prepared ~' / Jeff Klatzkow County Attorney Date 9/20/20102;28:39 PM "7- Approved By Jeff Klatzkow County Attorney Date 9/21/20101 ;50 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budgel 9f21/2010 2:02 PM Approved By Randy Greenwald Management/Budget Analyst Date Office of Management & Budget Office of Management & Budget 9t21/2010 2:14 PM Approved By Mark Isackson Management/Budget Analyst, Semor Date Office of Management & Budget Office of Management & Budget 9/21/20102:22 PM ~enda Item No. 128 ooeptember 28,2010 Page:; of 5 ""',t' r-~' ,. . \ . , -,"~.'~'~~" t " '.' . " , " .. -'. .,,'(,; -.", - Jp~/ , , '. ',;a. ' . --~~ C(';ll:1. ~Jr]L! h):-, Manager b~ '''''. ".. ,. .-..--. ---"\ q,,, 1'1'-' l\'l....~ C~) Woo 2. \: :i"ccling ~md reviewing the ",nty Allorney is the legal ., "V boards and advisorv .. :. '~e County Mana";r ... :..!~', ~L ", h b estab"..he(, '>r t e County The "~I' l '\ -I1L .ged \' 'he Office P(,:Jrd .:c respun , .r the COlI" "1!:lt\ C " 1 du.:'"" 1 , ,uorne> < . :1C' . -,]" .llSSI011l~I':". acti .Ilie., ,-:i..L 0 '.11 (1-' ,'iS0~ d, JaCIJil,llc lJll ==- .lrd 01 ('ounty Commissioners. ''''. '''''''''+:,'..:' The Count\ '_'~:-i. .,i~ i-l""IS!:m1 C0unty ;lUorrl:'" ,,:.C' IlI'h CUU111\' !n " 1,.llgllJg complex litigation relating to implemenU1UlJl. ,i, and capital projects, eminent domain, personal injury, property damage, workp,:ce'pe: '""nel matters, finance and land use. In addition to litigation, he is counsel to the COUIlly'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 Rourd siflnatory documents. The County AUt,me': , ~,mrloyment Agreement with the Board of County Commissioners provides for an annual evaluati"" ,,{' Il1l' County Attorney's performance. By custom, this performance has been measured againsl performance objectives set forth in that year's annual Action Plan, by rating each of thc performance objectives on a I to 3 scale, with I 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 Action Plan illustrates and reviews Board expectations for the County Attorney for the 20 J 0-20 II 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 3 Agenda Item No. 12B September 28,2010 Page 4 of 5 Goals for Fiscal Year 2010-11: I have and 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. With the closing of our Horseshoe Office and permanent reduction in staff through voluntary attrition, 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 agency. Specific areas that 1 propose as part of next year's action plan are: Continuing Goals 1. Oral P~ese~tations at Meetings, 1 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. 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 wi Il avoid legalese and focus on the legal issue in a simple, . understandable and brief manner. 3. Processing Requests for Legal Services, Last year, this Office's response time for responding to Requests for Legal Services within 48 hours of receipt was maintained at 80% or more, As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. Accordingly, on a going forward basis, this Office will continue to achieve an ongoing 48-hour (or less) turnaround time on 80% of all future Requests for Legal Services received from the Board of County Commissioners and County Manager agencies. A report will be run from Client Profiles (this Office's data management system) to determine turnaround time, This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. 4. Client Satisfaction/ Peer Review. Client satisfaction continues to be a major goal of this Office, In furtberance 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 ] to Page 2 of3 Agenda Item No. 12B September 28,2010 Page 5 of 5 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. 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. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition until 1 reach a ratio of approximately I support staff person per attorney, which my research has found is typical throughout County Attorney Offices in this State. 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 variou~ tnrIC~~ of interest. 7. Litigation. We will continue to prepare and distribute concise 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. Proiects for this Fiscal Y car I. Work with staff to reduce the number of amendments to the Land Development Code. 2. Work with staff to streamline the process for a quicker turnaround for responses to public records requests. 3, Monitor advertising of ordinances to ensure accuracy and timeliness. 4. Cross-train attorneys and support staff to expand the knowledge base within the office as we continue to become more efficient. 5. Place more presentations on thc web site so that stall and advisory boards can Walch at their convemence. Page 3 of3