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Agenda 07/22/2008 Item #16K 4Agenda Item No. 16K4 July 22, 2008 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners review and approve the proposed FY 2008 -2009 Action Plan for Jeffrey A. Matzkow, County Attorney. OBJECTIVE: Recommendation that the Board of County Commissioners review and approve the proposed FY 2008 -2009 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 (1.20) days after execution of the County Attorney Employment Agreement, a performance 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 term 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 of this 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 2008 -2009 Action Plan for Jeffrey A. Klatzkow, County Attorney. Prepared by: Jeffrey A. Klatzkow, County Attorney 04- COA- 01027/2722 Page 1 of 1 Agenda Item No. 16K4 July 22, 2008 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K4 Item Summary: Recommendation that the Board of County Commissioners reviews and approves the proposed FY 2006 -2009 Action Plan for Jeffrey A. Klatzkow. County Attorney. Meeting Date: 7/22/2008 9.00:00 AM Prepared By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/312008 9:55:19 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 7/7/2008 10:19 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/8/2008 11:11 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 7/812008 12:05 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/812008 12:19 PM fi1e://C:AAeendaTest \Exnort\7 I 1 -July %2022 %202008\ 16 %2000NSFNT %20AC; ENDA\ 1 _.. 7/ 15/200R Agenda Item No. 16K4 July 22, 2008 Page 3 of 6 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, represent 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 following Action Plan illustrates and reviews Board expectations for the County Attorney from the date of my taking this Office, April 23, 2008, through September 30, 2009. 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. At the conclusion of the fiscal year, the Board of County Commissioners is to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale. Individual evaluations will be totaled and averaged to determine the Board's collective position. The evaluation rating scale is as follows: [1 — Below Standards; 2 — Meets Standards; 3 — Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective evaluation position. Page 1 of 4 Agenda Item No. 16K4 July 22, 2008 Page 4 of 6 Goals for Fiscal Year 2008 -09: 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. The County Attorney Office has already been restructured to assure that Requests for Legal Services are completed promptly, and that there will be overlapping areas of expertise within the Office. 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 I propose as part of next year's action plan are: Oral Presentations at Meetings. I will 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 board 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. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 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 board 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. Processing Requests for Legal Services. Utilizina our electronic records system, we determined that for the period April through June, 2007, the average turnaround for an RLS (Request for Legal Services) 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 has been a longstanding practice with the Office. I find this unacceptable. On a going forward basis, this Office will achieve an ongoing 48 -hour (or less) turnaround time on 75% of all future Requests for Legal Services received from the Board of County Commissioners and Page 2 of 4 Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin Processing Requests for Legal Services. Utilizina our electronic records system, we determined that for the period April through June, 2007, the average turnaround for an RLS (Request for Legal Services) 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 has been a longstanding practice with the Office. I find this unacceptable. On a going forward basis, this Office will achieve an ongoing 48 -hour (or less) turnaround time on 75% of all future Requests for Legal Services received from the Board of County Commissioners and Page 2 of 4 Agenda Item No. 16K4 July 22, 2008 Page 5 of 6 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 management staff. 4. Client Satisfaction/ Peer Review. During my first month as County Attorney, performance evaluation reports were sent to the various Division Administrators and Managers to assess performance of each of the attorneys in the Office. As a result of negative comments, a number of Assistant County Attorneys had their duties reassigned. Client satisfaction will be a major goal of this Office. We will strive for a 75% rating level for clients who feel services exceed expectations or were exceptional. The results for this satisfaction rating will be calculated by a questionnaire sent to Division Administrators and Department Directors prior to the evaluation coming back before the Board of County Commissioners. Attorneys who consistently deliver outstanding performance will be rewarded, and those Attorneys who can not achieve satisfactory reviews by their clients despite multiple reassignments will eventually leave the Office. Client reviews will factor into all of the Assistant County Attorney's performance evaluations. In short, the County Attorney will ensure that Assistant County Attorneys and support staff are motivated to work to their full potential, that excellent performance will be recognized and rewarded, and that poor performance will not be tolerated. Below Standards Meets I Standards Exceeds Standards 1 2 3 Rating 4. Client Satisfaction/ Peer Review. During my first month as County Attorney, performance evaluation reports were sent to the various Division Administrators and Managers to assess performance of each of the attorneys in the Office. As a result of negative comments, a number of Assistant County Attorneys had their duties reassigned. Client satisfaction will be a major goal of this Office. We will strive for a 75% rating level for clients who feel services exceed expectations or were exceptional. The results for this satisfaction rating will be calculated by a questionnaire sent to Division Administrators and Department Directors prior to the evaluation coming back before the Board of County Commissioners. Attorneys who consistently deliver outstanding performance will be rewarded, and those Attorneys who can not achieve satisfactory reviews by their clients despite multiple reassignments will eventually leave the Office. Client reviews will factor into all of the Assistant County Attorney's performance evaluations. In short, the County Attorney will ensure that Assistant County Attorneys and support staff are motivated to work to their full potential, that excellent performance will be recognized and rewarded, and that poor performance will not be tolerated. 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. The 2009 budget that we presented to the Board came in at 4.1% less than the prior year's, which exceeded Board direction of 2 %. Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin 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. The 2009 budget that we presented to the Board came in at 4.1% less than the prior year's, which exceeded Board direction of 2 %. Page 3 of 4 Below Standards Meets I Standards Exceeds Standards 2 3 Rating Page 3 of 4 Agenda Item No. 16K4 July 22, 2008 Page 6 of 6 6. Public Records and Sunshine Law, This Office will 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). Litigation. Commencing in September, 2008, we will 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. Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin Litigation. Commencing in September, 2008, we will 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. 8. Opinions File. For purposes of creating consistency in the legal opinions issued by this Office, and to eliminate duplication of work efforts, we will create an indexed, electronic County Attorney Legal Opinions Database, which will include past opinions of this Office and all future opinions. This will serve both as a resource tool when researching issues of law, as well as provide consistency of approach to our clients, saving time, manpower, and client frustration. 04 -COA- 01027/2721 Page 4 of 4 Below Standards Meets Standards I Exceeds Standards 1 2 1 3 Ratin 8. Opinions File. For purposes of creating consistency in the legal opinions issued by this Office, and to eliminate duplication of work efforts, we will create an indexed, electronic County Attorney Legal Opinions Database, which will include past opinions of this Office and all future opinions. This will serve both as a resource tool when researching issues of law, as well as provide consistency of approach to our clients, saving time, manpower, and client frustration. 04 -COA- 01027/2721 Page 4 of 4 Below _Standards Meets Standards Exceeds Standards 1 2 3 Ratin