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Agenda 05/13/2008 Item #16K 4 Agenda Item No. 16K4 May 13, 2008 Page 1 of 14 EXECUTIVE SUMMARY 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 May 14, 2008, and approve the new job descriptions for Section Chiefs and the Of Counsel position. 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 May] 4, 2008, and approve the new job descriptions for Section Chiefs and the Of Counsel position.. CONSIDERATIONS: On April 24, 2008, the County Attorney reorganized the structure of the Collier County Attorney Office, substantially adopting the organizational structure successfully used by the Lee County Attorney Office for the past 20 years. As part of this reorganization, the position of Managing Assistant County Attorney (a senior level FRS position) was eliminated, and three Section Chief positions (which are not senior FRS positions) were created. The purpose of this reorganization was to allow more experienced attorneys in this Office to directly oversee and manage the day-to-day duties of the assistant county attorneys, and to also create a natural career pathway through the Office. Section Chiefs report directly to the Deputy County Attorney (formerly known as the Chief Assistant County Attorney), who will be responsible for the day-to-day operations of the Office. This will free the County Attorney to be able to devote more time to Board and senior staff issues. This arrangement is common through the State. A temporary six month Of-Counsel position was also created, which will disappear when Mr. Weigel leaves the Office. To go with the organizational changes, I promoted Managing Assistant County Attorney Scott R. Teach to the position of Deputy County Attorney; Assistant County Attorney Heidi F. Ashton-Cicko to Section Chief for Land Use and Transportation; and Assistant County Attorney Jacqueline W. Hubbard to Section Chief for Litigation. I left open the third Section Chief position at this time. No salary increases are being given at this time due to budgetary restraints. As a result of this reorganization, a revised Collier County Attorney Pay and Classification Plan in necessary. The proposed Plan is attached to the proposed Resolution. This Plan mirrors to a great extent the Pay Plan utilized by the Lee County Attorney Office, as adjusted for Collier County pay grades as set forth in the Collier County Manager's Pay Plan, which has been this Board's previous direction. The reason for utilizing Lee County as the salary comparable is that in general Lee County is the only market this Office competes with for employees. It should be noted that although the new proposed Pay Plan represents an overall reduction in this Office's maximwn pay ranges, no employee will be immediately adversely affected by this reduction. Agenda Item No. 16K4 May 13. 2008 Page 2 of 14 To further implement this new organizational structure, it is necessary to adopt job descriptions for the newly created positions of Section Chief and Of Counsel. Proposed job descriptions for these new positions are attached to this Executive Swnmary. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. 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 May ]4, 2008, and approve the new job descriptions for Section Chiefs and the Of Counsel position. Prepared by: JetTrey A. Klatzkow, County Attorney Page] of I Agenda Item No. 16K4 May 13, 2008 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K4 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 May 14, 2008. and approve the new job descriptions for Section Chiefs and the Of Counsel position. Meeting Date: 5/13/2008 900:00 AM Prepared By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 4/30/20083:51 :50 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 5/1/20088:07 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/1/20083:03 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 5/1/20083:52 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 511/20086:03 PM file://C:IAgendaTestIExP0l11 I 07 -Mav%20] 3,%2020081] 6.%20CONSENT%20AGENDA I] 6... 5/7/2008 ..q-OO-q ",o~ (00,,- ..,....NO QM7 Z~Q) ,->,~ :::: ro n ~~L.L. m "0 C '" OJ <( (1) (.) .- ~ o tn ~ ~ (1) C - o = <( ~ ... c :::s o (.) - (1) .- - - o (.) ~. . 0 Ell o . ~~ ;0-< c ~ o e 0" " . ~ ~ ~il ~ . ~o. ~""" 0< . g.~o:: 058 8'" .. - ~ .- . . 5S: 0" ,,~ is .~ '-' c g . ~ ::J .'3 . " c . . t:(( E . ~< <iii o ' o~ .'-' '" .5 . " o 'E " '" .. :;; c " " c .2 =~ :l 0 -0 C ~ ~e I- "E . .0 _.0 . 0 :i;% ~~ o . " c u= . . '" 0 " u . ~ .. " " e c 1:. .20 'g '" o ~ u ,;i.;) .- e ~ 0 ,,- ~ c. .'3< 'go: tn:C .. J: ~ . 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'" . i! . o. o . /:" :l i!! s 0 S e (; ... ;3 ai III a: <f) 11 c( c iii >. ii .~ ~ 1i i' 1lI ...J ~ -' " '" o ~ N ~ i:j $ . -0 0. :l , Agenda Item No. 16K4 May 13. 2008 Page 5 of 14 SECTION CHIEF 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 draft and review ordinances, resolutions, contacts and other legal documents; to provide highly complex staff assistance to the County Attomey and Deputy County Attorney; and to provide professional effective and efficient public service assistance to the general public. 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 assigned,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 and 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 iegal 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 with, and render assistance to division heads in establishing division policies by applying legal points and procedures; 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 iegal work requiring the use of independent judgment. Collier County, Florida' Section Chief Agenda Item No. 16K4 May 13, 2008 Last Revised: 4!2\!1\JlI9 6 of 14 Represent the County in a wide variety of judicial and administrative proceedings. Establish and maintain cooperative relationships with those contacted in the course of work. 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 civii, 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 iabor 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 QUALlFIECATIONS 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 inciuding trial experience; or five years of increasingly responsible professional iegal 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 Membership in the State Bar of Florida required. Page 2 of3 Collier County, Florida' Section Chief Agenda Item No. 16K4 May 13, 2008 Last Revised; 4/2!2'm8 7 of 14 Membership to, or the ability to, within a reasonable period time, become a member of, the Middie Federal District of Florida. 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. Eauipment. 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 weil 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 Reasonina: 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 Reasonina: Requires the ability to exercise judgment, decisiveness and creativity in critical and/or unexpected situations involving moderate risk to the organization. Leadership: Customer Service: Financial Accountabilitv: ADA COMPLIANCE Phvsical Abilitv: Tasks require the ability to exert light physical effort in sedentary to light work, but 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 Reauirements: 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 cond~ions. Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County wHl provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and cutrent employees to discuss potential accommodations with the employer. Page 3 of3 . Aoenda Item No. 16K4 ~ May 13, 2008 Page 8 of 14 OF COUNSEL PURPOSE OF CLASSIFICATION To provide a wide range of professional highly complex legal services to the County Attorney; to assist with issues such as Sunshine Law, Public Records, Ethics, and Ex Parte Communications with minimal supervision. to draft and review ordinances, resolutions, and other legal documents. 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. Assist in the development of goals, objectives, policies and priorities for the County Attorney's Office. Perform legal research and prepare written and oral opinions on various legal problems for the County Attorney Confer with and render assistance to the County Attorney in establishing policies by applying legal points and procedures, recommend changes in policies, and procedures in order to meet legal requirements. Prepare, draft and review ordinances, resolutions, and other legal documents and instruments; offer opinions as to legal acceptability when presented to the County for consideration 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. Perform legal work requiring the use of independent judgment. Establish and maintain cooperative relationships with those contacted in the course of work. Knowledge of: Legal principles and practices, including civil, constitutional, and administrative law and procedures. Methods of legal research at State and Federal levels. Ordinances, statutes and court decisions relating to County government. Organization and operating procedures of a County Attorney's Office. ADDITIONAL FUNCTIONS Assist those contacted in the course of work in an effective, efficient and professional manner. Perform related duties as assigned, Collier County, Florida' Of Counsel Agenda Item No. 16K4 Myy 13, 2008 Last Revised: 41'tt1lge 9 of 14 MINIMUM QUALlFIECATIONS 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: Ten 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. Trainina: A Juris Doctorate from an accredited law school. License or Certificate Membership in the State Bar of Florida required. 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 ReasoninQ: 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 ReasoninQ: Requires the ability to exercise judgment, decisiveness and creativity in critical and/or unexpected situations involving moderate risk to the organization. Leadership; Customer Service: Financial Accountabilitv: Page 2 013 . Collier County, Florida' Of Counsel Agenda Ilem No. 16K4 May 13. 2008 Last Revised: 14~ 10 of 14 ADA COMPLIANCE Phvsical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing andlor pulling of objects and materials of light weight (5- 10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. 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 of3 ~ro"":t ~o.-- (Oo~ .-.-N 0 ti::: - OJ F"'O) _ro_ Q)"':::;: "" =~o.. ro -0 c OJ 0) <t w ~ zu. :5~ Q.(/)CO >->-0 ....Wo Z~ ct::""" ~@~ W<c>- >< u. W~ Z ::l o () L!l l1J ..J I I L____ E :::l E '>( l'G ~ E :::l ,5 l: :E CIl >'"tl l'G l'G Q. ... C) Co :::l 0;1: .. C) CIl ;: i= ..c o , III ~ i:: i:: <C >. 32 CIl CIl ~ iii >. ;: :::l o J: -; :::l C C <( >. 32 CIl CIl ~ ,.l. aJ >. ;: :::l o J: ~ o o o <.D . :>. 0) c '- o - - <C .?;- C :::l o () N en ~ en -.:t. N L() ~ r--- ~ L() <.D co_ L() -.:t <') <') <.D ~ <') <') co <') ex:) r--- <.D co ~ <.D o <') L() en N en ci N r--- ~ r--- <') "! 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O'l=l: 0 0 0 0 0 ... 0 0 0 0 0 C) <.D <.D <.D <.D <.D - C - ell tJl - "iii - tJl tJl 'iij 0) '13 ell '" > 0) CIl <( :;::: c. '13 ;: 0) ~ CI) 0) i= > - - c. :;::: ,!!1 c CI) ..c :::l c :J 0) 0 () 'E 0 () , ell 0) - () iE X "0 C () 0) w <( ro <( 0 0) ro - - ell ell ell.!!1 ell '- 0) 0)'" 0) 0) ell 0) 0) f/) 0) 0) a. ...J ...J<( ...J ...J Aoenda item No. 16K4 ~ May 13, 2008 Page 12 of 14 RESOLUTION NO. 2008- A RESOLUTION APPROVING THE REVISED COUNTY ATTORNEY OFFICE 2008 FISCAL YEAR PAY AND CLASSIFICATION PLAN EFFECTIVE ON MAY 14, 2008. 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 referenced, for example, in Ordinance No. 96-40, as amended by Ordinance No. 2001-50; and WHEREAS, the reorganization of the Office of the County Attorney it 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: 1. The Revised 2008 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 May, 2008. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Appr lega Jeffr Cou YY-1259/379 Agenda Item No. 16K4 May 13, 2008 Page 13 of 14 EXHIBIT 1 REVISED COLLIER COUNTY ATTORNEY PAY AND CLASSIFICATION PLAN De u Assistant Coun MARKET MATCH GRADE MINIMUM POINT MAXIMUM POINT 35 97,228 125,058 156,323 97,228 33 71,211 113,432 141,790 71,211 31 61,515 102,886 128,608 61,515 23 48,245 68,924 86,155 75,816 19 43,281 56,759 70,949 62,435 15 33,406 43,846 54,808 48,231 13 28,568 39,770 49,712 43,747 TITLE Section Chief Assistant Coun Le al Office Administrator Le al Assistant / Parale al Le al Secreta - Le al Administrative Secreta Deputy Assistan Section'Chi" ". , ,:,";",,,::;,:,IW;"',7j':";',"i",';C",.,',,i Assistant CQU ~ ,;- ,:ii' " ,:::;;,;::!im!I!~, :"~ Legal Offipe~~ Legal Assistan . Legal Secretaryenco "':","""':' ,,':"",,""'::";';.':':,""'(;:;'::":'.',::'::i:., Le al AdministrativeSecreta 700.,- ",O~ ",0_ ~N 0 0(")-;:: Z~ Q) EiU'cn ~2&: ctl -0 c: Q) en <( I- Z 0 a:l a:l If) I'- a:l ~ I'- 0... N a:l ~ 0 CD ~ """ I N ~ If) CD I'- 0 I'- I'- a:l ~ en a:l CD '" U en a:l CD I'- CD If) """ I- <l: 2 2 0 en 0 ::::l """ I'- en '" If) en N 2 ~ a:l I'- CD """ """ ~ """ ~ CD I'- X """ a:l ~ 0 a:l '" en Z <l: CD """ """ en I'- CD """ <l: 2 ~ ~ ~ .J Q. Z 0 l- I- Z <l: 0 ~ N '" N 0 CD en 0 0... ~ 0 '" U- '" ~ """ I'- ~ ~ I'- I- '" If) en I'- en w ~ en '" N N 0 en en :,::: '" ~ ~ I'- CD If) '" <l: a:l a: ~ ~ ~ .J 0 <l: U 0 2 N C '- Z ru <l: <ll ~ >- ru 2 a:l en a:l Q. 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