Agenda 02/26/2008 Item # 9A
Agenda Item No. 9A
February 26, 2008
Page 1 of 3
,- EXECUTIVE SUMMARY
PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS BY ANDREA
SIMS, WATERS-OLDANI EXECUTIVE RECRUITMENT, A DIVISION OF THE
WATERS CONSULTING GROUP, INC. AND CONSIDERATION OF THE
RECOMMENDED FIVE FINALISTS FOR THE COLLIER COUNTY ATTORNEY
POSITION.
OBJECTIVE: To hear presentation by Andrea Sims, Waters-Oldani Executive Recruitment,
and consider approval of five recommended finalists from the list of ten semi-finalists and set
date for interviews for the five finalists by Board of County Commissioners (BCC).
CONSIDERATIONS: On June 26, 2007, the Purchasing Department was directed to solicit
proposals from qualified firms for the purpose of obtaining professional recruiting services
related to the search for a new County Attorney.
At the Board Meeting on Septcmber II, 2007, the Board selected the firm Waters-Oldani
Executive Recruitment, a division of The Waters Consulting Group, Inc. and authorized the
Purchasing Department to conduct negotiations. On October 23, 2007, the Board approved a
negotiated contract with the selected firm in the amount of $28,000 and amended to $30,500 to
accommodate an additional trip to Collier County. Andrea B. Sims has been assigned as the
point person on behalf of Waters-Oldani for the recruitment services.
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At the Board Meeting on January 29, 2008, the Board approved the recommended list of ten
semi-finalists and unanimously approved Ms. Sims to perform interviews and recommend five
finalists for the Board's consideration and present to the Board on February 26,2008.
DISCUSSION ITEMS:
. Ms. Sims will make a presentation to BCC on February 26,2008 at 10:00 a.m.
. Ms. Sims will discuss her recommended five finalists and the interview process.
. Ms. Sims will ask for the BCe's interest in addin~ Mr. Spencer to the list of
semifinalists, with a videoconference scheduled on the 27 .
. Ms. Sims will recommend protocol for thc final interview process.
. BCC to approve or amend the list of five finalists.
. Bee to approve or amend the final interview process.
. BCC to set date for on site interviews of the five finalists. (March 12 or 26, 2008)
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
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RECOMMENDATION: That the Board of County Commissioners select five finalists and set
date for the Board to interview the five finalists.
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Agenda Item No, 9A
February 26, 2008
Page 2 of 3
PREPARED BY: Sue Filson, Executive Manager to the Board of County Commissioners.
DATE: FEBRUARY 26, 2008
Page 1 of ]
Agenda Item No, 9A
February 26, 2008
Page 3 of 3
- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 9A
Item Summary: This item to be heard at 10:00 a.m Presentation to the Board of County Commissioners by
Andrea Sims, Waters-Oldani Executive Recruitment, a Division of the Waters Consulting
Group, Inc. and consideration of the recommended five finalists for the Collier County
Attorney position.
Meeting Date: 2/26/2008 900,00 AM
Prepared By
Sue Filson Executive Manager to the BCe Date
Board of County
Commissioners BCe Office
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office 2/12/20083:44 PM
Commissioners
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file:IIC:\Agenda T est\Export\ 10 I-F ebruary%2026, %202008\09. %20BOARD%200F%20CO... 2/20/2008
-_.~--~. ^ ..,.>~.,,~. w._.~_n..- ._-------
2/25/2008 COUNTY ATTORNEY INTERVIEW SCORE SHEET
COMMISSIONER:
WEIGHT 30% 30% 30% 10%
----- Management GMP -~.~,-_.-
FL Law Exper Litigation Exper Total Points
0-30 Points 0-30 Points 0-30 Points 0-10 Points
-- -_._,-,~--_.~ ---------..---- --~--_.- ~-
Maria Chairo "-----...--,.- ----- -.---. ,---,-_.. _.__.'"._~_._--- -~--'-'--~~'--
+~,-, ----- ----- --- -- 0
Gary Glassman --,--~
0
- ,------- ---.- -.--
Jeffrey Klatzkow - f---- 0
John Turner 0
-~-,._._,------ -------------- --"-" -- ------- --;;
Thomas Spencer 0
-- I-- -- --------~~._. ---~
n..'__'___ --- .-.---..---------- -- ----
_ ___.,w___,.,______",__ . '__'_
COLLIER COUNTY, FL
SUGGESTED INTERVIEW QUESTIONS
RECRUITMENT FOR COUNTY ATTORNEY
CANDIDATE
.--..-- ---,"--- ------" --'-- -~.-".-
SUGGESTED INTERVIEW QUESTIONS
RATING SHEET
Rated by:
Acceptable Good Excellent Outstanding
1. Knowledge of Land Development
Code
2. Knowledge of Growth Management
Plan
3. Leadership abilities
4. Management and administrative
skills
5. Approach and creativity
6. Knowledge and experience in
planning, community and economic
developmeut and redevelopment, and
code enforcement issues.
7. Knowledge of public fmancing
issues and funding
8. Job/career motivation
9. Interest in coming to the COWlty
10. Overall (presence, commWlications
skills, career fit with the
Organization)
Comments:
THE WATERS CONSULTING GROUP, INC. PAGE. 1
THIS DOCUMENT IS COPYRIGHTED AND PROPRIETARY INFORMATION. iD COPYRIGHT 2002.2003 THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO
BE REPRODUCED FOR ANY REASON \VITHOUT THE WRITTEN CONSENT OF WCG, INe.
. .-.. --->_. ..._,~._.-'~.- .. __ ______.~_.___~__n_
QUESTINONAIRE FOR COUNTY ATTORNEY APPLICANTS
(Please attach additional pages as needed to respond fully to questions.)
DATE: Florida Bar No.:
GENERAL: Soc. Sec. No. :
1. Name: E-mail:
Date Admitted to Practice in Florida:
2. State title currently held; including professional position and any
public or judicial office.
3. Business address:
City: State: ZIP:
Telephone: FAX:
4. Residential address:
City: State: ZIP:
Since: Telephone:
5. Place of birth:
Date of birth: Age:
7. Length of residence in State of Florida:
8. Military Service (including Reserves)
Service Branch Highest Rank Dates
Rank at time of discharge: Type of Discharge:
Award or citations:
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NON-LEGAL EMPLOYMENT:
9. List all previous full-time non-legal jobs or positions held since 21 in
chronological order and briefly describe them.
Date Position Employer Address
PROFESSIONAL ADMISSIONS:
10. List all courts (including state bar admissions) and administrative
bodies having special admission requirements to which you are present'1y
admitted to practice, giving the dates of admission.
Court or Administrative Body Date of Admission
LAW PRACTICE:
11. State the names, dates and addresses for all firms with which you have
been associated in practice, governmental agencies or private business
organizations by which you have been employed, periods you have practiced
as a sole practitioner, law clerkships and other prior employment:
Position Name of Firm Address Dates
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12. Provide a detailed description of how the State Growth Management Law
(SB-360) impacts local government with specific emphasis on Home Rule
Rights, concurrency, growth management and budgeting for capital
improvements. Attach at least ODe example of legal writing which you
personally wrote. If you have not personally written any legal documents
recently, you may attach writing for which you had substantial
responsibility. Please describe your degree of involvement in preparing
the writing you attach.
13. Have you ever held or been a candidate for any public office? If so,
state the office, location and dates of service or candidacy.
14 . Has a complaint about you ever been made to the Ethics Commission, or any
Bar Association? If so, give date, describe complaint and its resolution.
15. Have you ever been held in contempt? If so, for each instance state name
approximate date and circumstances.
BUSINESS INVOLVEMENT:
16. If you are now an officer, director or otherwise engaged in the management
of any business enterprise, state the name of such enterprise, the nature
of the business, the nature of your duties, and whether you intend to
resign such position immediately upon your appointment or election to
judicial office.
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17 . Since being admitted to the Bar, have you ever been engaged in any
occupation, business or profession other than the practice of law? If so,
give details, including dates.
18. State whether during the past five years you have received any fees or
compensation of any kind, other than for legal services rendered, from any
business enterprise, institution, organization, or association of any
kind. If so, identify the source of such compensation, the nature of the
business enterprise, institution, organization or association involved and
the dates such compensation was paid and the amounts.
POSSIBLE BIAS OR PREJUDICE:
19. The Commission is interested in knowing if there are certain types of
cases, groups of entities, or extended relationships or associations which
could present a possible conflict of interest for the position you seek.
Please list all types or classifications of cases or litigants for which
you as a general proposition believe it would be difficult for you to
pursue as the county attorney. Indicate the reason for each situation as
to why you believe you might be in conflict.
PROFESSIONAL AND OTHER ACTIVITIES:
20 List all bar associations and professional societies of which you are a
member and give the titles and dates of any office which you may have
held in such groups and committees to which you belonged.
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21. List, in a fully identifiable fashion, all organizations, other than those
identified in response to question No. 45, of which you have been a member
since graduating from law school, including the titles and dates of any
offices which you have held in each such organization.
22. Describe any pro bono legal work you have done. Give dates.
SUPPLEMENTAL INFORMATION:
23. Have you attended any continuing legal education programs during the past
five years? If so, in what substantive areas?
24. Have you taught any courses on law or lectured at bar association
conferences, law school forums, or continuing legal education programs?
If so, in what substantive areas?
25. Describe any additional education or other experience you have which could
assist you in holding the office of county attorney.
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26. Explain the particular potential contribution you believe your selection
would bring to this position.
27 . Give any other information you feel would be helpful to the Commission in
evaluating your application.
Page 6
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CERTIFICATE
r have read the foregoing questions carefully and have answered them
truthfully, fully and completely. r hereby waive notice by and authorize The
Florida Bar or any of its committees, educational and other institutions, the
Judicial Qualifications Commission, the Florida Board of Bar Examiners or any
judicial or professional disciplinary or supervisory body or commission, any
references furnished by me, employers, business and professional associates,
all governmental agencies and instrumentalities and all consumer and credit
reporting agencies to release to the respective Judicial Nominating Commission
and Office of the Governor any information, files, records or credit reports
requested by the commission in connection with any consideration of me as
possible nominee for appointment to judicial office. Information relating
to any Florida Bar disciplinary proceedings is to be made available in
accordance with Rule 3-7.1(q)(2), Rules Regulating The Florida Bar. r recognize
and agree that, pursuant to the Florida Constitution and the Uniform Rules of
this corrunission, the contents of this questionnaire and other information
received from or concerning me, and all interviews and proceedings of the
commission, except for deliberations by the corrunission, shall be open to the
public.
Dated this day of , 20
-
Signature
Pursuant to Section 119.07 (3) (i) (1), F .S., The home addresses and
telephone numbers of justices of the Supreme Court, district court of appeal
judges, circuit court judges, and county court judges; the home addresses,
telephone numbers, and places of employment of the spouses and children of
justices and judges; and the names and locations of schools and day care
facilities attended by the children of justices and judges are exempt from the
provisions of subsection (1) , dealing with public records.
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APPLICATION DATA RECORD
The application shall include a separate page asking applicants to identify
their race, ethnicity and gender. Completion of this page shall be optional,
and the page shall include an explanation that the information is requested for
data collection purposes in order to assess and promote diversity.
(Please Type or Print)
Date:
JNC Submitting To:
Name (please print) :
Current Occupation:
Telephone Number: Attorney No.
Gender (check one) : Male Female
Ethnic Origin (check one): White, non Hispanic
Hispanic
Black
American Indian/Alaskan Native
Asian/Pacific Islander
County of Residence:
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MEMORANDUM
DATE: February 15,2008
TO: Board of County Commissioners
FROM: Sue Filson, Executive Manager to BCC
RE: Questionnaire for County Attorney Applicants
Commissioner Fiala previously forwarded a judicial questionnaire to the
commissioners.
Based on input I have received from commissioners, I have removed all judicial
references.
I am forwarding the amended questionnaire for your review.
SF
Attachment
--"_".~,,.'--'---'...- "-...>-
QUESTINONAIRE FOR COUNTY ATTORNEY APPLICANTS
(Please attach additional pages as needed to respond fully to questions.)
DATE: Florida Bar No.:
GENERAL: Soc. Sec. No. :
l. Name: E-mail:
Date Admitted to Practice in Florida:
2. State title currently held; including professional position and any
public or judicial office.
3. Business address:
City: State: ZIP:
Telephone: FAX:
4. Residential address:
City: State: ZIP:
Since: Telephone:
5. Place of birth:
Date of birth: Age:
6. Length of residence in State of Florida:
7. Marital status:
If married:
Spouse's name: Date of marriage:
Spouse's occupation:
If ever divorced give for each marriage name(s) of spouse (s), current
address for each former spouse, date and place of divorce.
Page 1
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8. Children:
Name(s) Age(s) Occupation(s) Residential addresses)
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9. Military Service (including Reserves)
Service Branch Highest Rank Dates
Rank at time of discharge: Type of Discharge:
Award or citations:
HEALTH:
10. Are you currently addicted to or dependent upon the use of narcotics,
drugs, or intoxicating beverages? If yes, state the details, including
the date.
11a. During the last ten years have you been hospitalized or have you
consulted a professional or have you received treatment or a diagnosis
from a professional for any of the following: Kleptomania, Pathological
or Compulsive Gambling, Pedophilia, Exhibitionism or Voyeurism?
Yes: No:
If your answer is yes/ please direct each such professional, hospital and
other facility to furnish the Chairperson of the Commission any
information the Commiss~on may request with respect to any such
hospitalization, consultation, treatment or diagnosis. ["Professional"
inc~udes a Physician, Psychiatrist, Psychologist, Psychotherapist or
Mental Health Counselor.~
Please describe such treatment or diagnosis.
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llb. In the past ten years have any of the following occurred to you which
would interfere with your ability to work in a competent and professional
manner?
* Experiencing periods of no sleep for 2 or 3 nights
* Experiencing periods of hyperactivity
* Spending money profusely with extremely poor judgment
* Suffered from extreme loss of appetite
* Issuing checks without sufficient funds
* Defaulting on a loan
* Experiencing frequent mood swings
* Uncontrollable tiredness
* Falling asleep without warning in the middle of an activity
Yes: No:
If yes, please explain.
l2a. Do you currently have a physical or mental impairment which in any way
limi ts, your ability or fitness to properly exercise your duties in a
competent and professional manner?
Yes: No:
12b. If your answer to the question above is Yes, are the limitations or
impairments caused by your physical or mental health impairment reduced
or ameliorated because you receive ongoing treatment (with or without
medication) or participate in a monitoring or counseling program?
Yes: No:
Describe such problem and any treatment or program of monitoring or
counseling.
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13. During the last ten years, have you ever been declared legally
incompetent or have you or your property been placed under any
guardianship, conservatorship or committee? If yes, give full details as
to court, date and circumstances.
14. During the last ten years, have you unlawfully used controlled
substances, narcotic drugs or dangerous drugs as defined by Federal or
State laws? If your answer is "Yes, " explain in detail. (Unlawful use
inc-=-udes the use of one or more drugs and/or the unlawful possession or
distribution of drugs. It does not include the use of drugs taken under
supervision of a licensed health care professional or other uses
authorized by Federal law provisions.)
-,
15. In the past year, have you ever been reprimanded, demoted, disciplined,
placed on probation, suspended, cautioned or terminated by an employer as
result of your alleged consumption of alcohol, prescript~on drugs or
illegal use of drugs? If so, please state the circumstances under
which such action was taken, the name(s) of any persons who took such
act~on, and the background and resolution of such action.
16. Within the last five years, have you ever been formally reprimanded,
demoted, disciplined, cautioned, placed on probation, suspended or
terminated by an employer? If so, please state the circumstances
under which such action was taken, the date(s) Si.lch action was taken, the
name(s) of any persons who took such action, and the background and
resolution of such action.
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17. Have any of your current or former co-workers, subordinates, supervisors,
customers or clients ever filed a formal complaint or accusation of
misconduct against you with any regulatory or investigatory agency, or
with your employer? If so, please state the date(s) of such formal
accusation(s), and the specific formal accusation(s) made, and the
background and resolution of such action(s).
--
lB. Have you ever refused to submit to a test to determine whether you had
consumed and/or were under the influence of alcohol or drugs? If
so, please state the date you were requested to submit to such a test,
type of test required, the name of the entity requesting that you submit
to the test, the outcome of your refusal and the reason why you refused
to submit to such a test.
19. In the past year, have you failed to meet any deadline imposed by court
order or received notice that you have not complied with substantive
requirements of any business or contractual arrangement? If so,
please explain in full.
20. In the past ten years, have you suffered memory loss or impaired judgment
for any reason?
If so, please explain in full.
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2l. Are you currently the subject of an investigation which could result in
civil, administrative or criminal action against you? If yes,
please state the nature of the investigation, the agency conducting the
investigation and the expected completion date of the investigation.
22. In the past ten years, have you been subject to or threatened with
eviction proceedings? I f yes, please explain.
EDUCATION:
23a. Secondary schools, colleges and law schools attended.
Schools Class Standing Dates of Attendance Degree
23b. List and describe academic scholarships earned, honor societies or other
awards.
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NON-LEGAL EMPLOYMENT:
24. List all previous full-time non-legal jobs or positions held since 21 in
chronological order and briefly describe them.
Date Position Employer Address
PROFESSIONAL ADMISSIONS:
25. List all courts (including state bar admissions) and administrative
bodies having special admission requirements to which you are presently
admitted to practice, giving the dates of admission.
Court or Administrative Body Date of Admission
LAW PRACTICE:
26. State the names, dates and addresses for all firms with which you have
been associated in practice, governmental agencies or private business
organizations by which you have been employed, periods you have practiced
as a sole practitioner, law clerkships and other prior employment:
Position Name of Firm Address Dates
Page 7
-"--_.._..0._.. -_._--~--_.~-_.~-"~._-~~..--~,...,,--_.- .---
27 . Provide a detailed description of how the State Growth Management Law (SB-
360) impacts local government with specific emphasis on Horne Rule Rights,
concurrency, growth management and budgeting for capital improvements.
Attach at least one example of legal writing which you personally wrote.
If you have not personally written any legal documents recently, you may
attach writing for which you had substantial responsibility. Please
describe your degree of involvement in preparing the writing you attach.
28. Have you ever held or been a candidate for any public office? If so,
state the office, location and dates of service or candidacy.
29. Has a complaint about you ever been made to the Ethics CorrunissioD, or any
Bar Association? If so, give date, describe complaint and its resolution.
30. Have you ever been held in contempt? If so, for each instance state name
approximate date and circumstances.
BUSINESS INVOLVEMENT:
3l. If you are now an officer, director or otherwise engaged in the management
of any business enterprise, state the name of such enterprise, the nature
of the business, the nature of your duties, and whether you intend to
resign such position immediately upon your appointment or election to
judicial office.
Page 8
-'-'-~~--~-" "'_~"~._'- ----,---"--.~.,..--_..--'"-~.~,,.~-_._-_._-~-_.., .. ~._"""".._-
32. Since being admitted to the Ba.r, have you ever been engaged in any
occupation, business or profession other than the practice of law? If so,
give details, including dates.
33. State whether during the past five years you have received any fees or
compensation of any kind, other than for legal services renderedl from any
business enterprise, institution, organization, or association of any
kind. If so, identify the source of such compensation, the nature of the
business enterprise, instit\1tion, organization or associat.ion involved and
the dates such compensation was paid and the amounts.
POSSIBLE BIAS OR PREJUDICE:
34. The Commission is interested in knowing if there are certain types of
cases, groups of entities, or extended relationships or associations which
could present a possible conflict of interest for the position you seek.
Please list all types or classifications of cases or litigants for which
you as a general proposition believe it would be difficult for you to
pursue as the county attorney. Indicate the reason for each situation as
to why you believe you might be in conflict.
Page 9
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MISCELLANEOUS:
35. Have you ever been convicted for violation of any federal f state, county
or municipal law, regulation or ordinance? If so, give details. Do not
include traffic violations for which a fine of $100 or less was imposed
unless it also included a jail sentence.
36. Have you ever been sued by a client, or anyor,e? If so, give particulars
including name of client, date suit filed, court, case number and
disposition.
37. Have you or your professional liability insurance carrier ever settled a
claim against you for professional malpractice? If so, give particulars,
including the amounts involved.
38. Have you ever filed a personal petition in bankruptcy or has a petition in
bankruptcy been filed against you?
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39. Have you ever owned more than 25% of the issued and outstanding shares or
acted as an officer or director of any corporation by which or against
which a petition in bankrGptcy has been filed? If so, give name of
corporation, your relationship to it and dat.e and captior. of petition.
40. Have you ever been a party to a lawsuit either as a plaintiff or as a
defendant? If so, please supply style, case number, nature of the lawsuit,
whether you were Plainti ff or Defendant and its disposition.
4l. Has there ever been a finding of probable cause or other citation issued
against you or are you presently under investigation for a breach of
ethics or unprofessional conduct by any court,adninistrative agency, bar
association, or other professional group. If so, give the particulars.
42. Have you filed all past tax returns as required by federal, state, local
and other government authorities?
Yes: No: If no, explain.
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43. Have you ever paid a tax penalty?
Yes: No: If yes, explain what and why.
~ ~
44. Has a tax lien ever been filed against you? If so, by whom, when, where
and why?
PROFESSIONAL AND OTHER ACTIVITIES:
45. List all bar associations and professional societies of which you are a
member and give the titles and dates of any office which you may have
held in such groups and committees to which you belonged.
46. List, in a fully identifiable fashion, all organizations, other than those
identified in response to question No. 45, of which you have been a member
since graduating from law school, including the titles and dates of any
offices which you have held in each such organization.
47. List your hobbies or other vocational interests.
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48. Do you now or have you ever belonged to any club or organization that in
practice or policy restricts (or restricted during the time of your
membership) its membership on the basis of race/ religion, national
origin or sex? If so, detail the name and nature of the club(s) or
organization(s), relevant policies and practices.
49. Describe any pro bono legal work you have done. Give dates.
SUPPLEMENTAL INFORMATION:
50. Have you attended any continuing legal education programs during the past
five years? If so, in what substantive areas?
51. Have you taught any courses on law or lectured at bar association
conferences, law school forums, or continuing legal education programs?
If so, in what substantive areas?
52. Describe any additional education or other experience you have which could
ass-=-st you in holding the office of county attorney.
Page 13
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53. Explain the particular potential contribution you believe your selection
would bring to this position.
54. Give any other information you feel would be helpful to the Commission in
eva=-uating your application.
REFERENCES:
55. List the names / addresses and telephone numbers ten persons who are in a
position to comment on your qualifications and of whom inquiry may be
made by the Commission.
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CERTIFICATE
I have read the foregoing questions carefully and have answered them
truthfully, fully and completely. I hereby waive notice by and authorize The
Florida Bar or any of its committees, educational and other institutions, the
Judicial Qualifications Commission, the Florida Board of Bar Examiners or any
judicial or professional discipli~ary or supervisory body or commission, any
references furnished by me, employers 1 business and professional associates,
all governmental agencies and instrumentalities and aL consumer and credit
reporting agencies to release to the respective Judicial Nominating Commission
and Office of the Governor any information, files, records or credit reports
requested by the commission in connection with any consideration of me as
possible nominee for appointment to judicial office. Information relating
to any Florida Bar disciplinary proceedings is to be made available in
accordance with Rule 3-7.l(q) (2), Rules Regulating The Florida Bar. I recognize
and agree that, pursuant to the Florida Constitution and the Uniform Rules of
this corrunission, the contents of this questionnaire and other information
received from or concerning me, and all interviews and proceedings of the
corrunission, except for deliberations by the corrunission, shall be open to the
public.
Dated this day of 20
Signature
Pursuant to Section 119.07 (3) (i) (1), F. S., The home addresses and
telephone numbers of justices of the Supreme Court, district court of appeal
judges, circuit court judges, and county court judgesi the home addresses,
telephone numbers, and places of employment of the spouses and children of
justices and judgesi and the names and locations of schools and day care
facilities attended by the children of justices and judges are exempt from the
provisions of subsection (1) , dealing with public records.
Page 15
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FINANCIAL HISTORY
In lieu of answering the questions on this page, you may attach copies of your
completed Federal Income Tax Returns for the preceding three (3) years. Those
income tax returns should include returns from a professional association. If
you answer the questions on this page, you do not have to file copies of your
tax returns.
1. State the amount of gross income you have earned, or losses you have
incurred (before deducting expenses and taxes) from the practice of law
for the preceding three-year period. This income figure should include
salary, if the nature of your ernployme~t is in a legal field.
2. State the amount of net income you have earned, or losses you have
incurred (after deducting expenses but not taxes) from the practice of
law for the preceding three-year period. This income figure should
include salary, if the nature of your employment is in a legal field.
3. State the gross amount of income or losses incurred (before deducting
expenses or taxes) you have earned in the preceding three years from all
sources other than the practice of law, and generally describe the source
of such income or losses.
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^-..-.-
4. State the amount of net income you have earned or losses incurred ( after
ded~cting expenses) from so~rces other than the practice of law for the
preceding three-year period, and generally describe the sources of such
income or losses.
APPLICATION DATA RECORD
The application shall include a separate page asking applicants to identify
their race, ethnicity and gender. Completion of -chis page shall be optional,
and the page shall include an explanation that the information is requested for
data collection purposes in order to assess and promote diversity.
(Please Type or Print)
Date:
-
JNC Submit-cing To:
Name (please print) :
Current Occupation:
Telephone Number: Attorney No.
Gender (check one) : Male Female
Ethnic Origin (check one) : -- White, non Hispanic
Hispanic
Black
l'unerican Indian/Alaskan Native
Asian/Pacific Islander
County of Residence:
Page 17
- - _._~----,-_._-_.._".. ----.....- ---~--
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
DISCLOSURE PURSUANT TO THE
FAIR CREDIT REPORTING ACT (FCRAI
The Florida Department of Law Enforcement (FDLE) may obtain one or more
consumer reports, including but not limited to credit report s, about you, for
employment purposes as defined by the Fair Credit Reporting Act, including for
determinations related to initial employment, reassignment, promotion, or other
employment-related actions.
CONSUMER'S AUTHORIZATION FOR FDLE
TO OBTAIN CONSUMER REPORT(S)
I have read and understand the above Disclosure. I authorize the Florida
Department of Law Enforcement (FDLE) to obtain one or more consumer reports on
me, for employment purposes, as described in the above Disclosure.
Printed Name of Applicant:
Signature of Applicant:
Date:
Page 18
,-_.'" __',.,,_ ,~_.".._.'_M'__"__"_"_'_'______N~___~_"'__ ---~
f11~fYv
To: Board of Commissioners, Collier County
Cc: Sue Filson, Executive Manager to the Board of County Commissioners
From: Andrea Sims
Waters-Oldani Executive Recruitment
Subject: Status and Recommendation of the County Attorney Search
Date: 2/11/08
This is to provide you an update on this very important search and correct a typo from my
original correspondence. Twenty-six attorneys applied for the position by the closing
date. The resumes were reviewed and 18 were sent questionnaires to complete to gather
more information on their background. Thirteen resumes and questionnaires were sent
for your review with the recommendation for semifinalists. Six candidates did not
respond to our request to complete a questionnaire. One of these candidates, Thomas
Spencer, was found to have technical difficulties in receiving our initial request. He was
re-sent the questionnaire on Monday, February 5th and completed it the same day.
At the 1/29/08 meeting, I recommended that 10 candidates be moved forward as
semifinalists. Two candidates, Raymond Rea and William Spillias have declined to
move forward. I'd like to recommend that Thomas Spencer be added to the list of
semifinalists.
At the 1/29/08 meeting, I was asked to provide a copy of all remaining candidates that
applied for this position. A package with all candidates to-date was sent for del ivery on
Monday, 2/11. One additional resume is also attached, that of Steven Gardner as well as
an updated Master Applicant List showing all 39 applicants, those that applied prior to
the closing date, up till 1/29, when we removed it from our website for additional
candidates.
After the interviews, I will summarize the semifinalists' pros and cons, with a
recommendation of up to five candidates as finalists for you to interview. I will provide
summary interview notes for the interviewed candidates. I will be at your meeting on
2/26 with this recommendation with the expectation that the interviews will take place
the day following the 3/25 board meeting. In addition, recommended interview protocols
will be included for your review and acceptance.
Just as a reminder, at the time you interview the finalists, I will have the following
prepared for you:
. Final Profiles based on the entire interview process;
. Their Accomplishments, Critical Problem Analysis, and Organization Chart;
. References and Background Checks (Civil, Criminal, DMV, Lexus/Nexus,
confirmation of degrees, completion of the bar, etc.);
. Suggested Interview Questions.
."...-~"_."-- .__.,,-, ,,--,~,-,,--,"-'-'.'--"-'--'----""--'--~---~
Please contact me with any questions. I may be reached at 216.695.4776; I'll be
interviewing a number of the candidates this week.
Attachments
Master Applicant List
Resume of Steven Gardner
Resume and Candidate Questionnaire for Thomas Spencer
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-----~_.."~,---_.__._- - -"'~"'~""'.~" ~--_..- .....-..--..-..---..----
Steven L. Gardner
Attorney at Law
2182 Halcyon Road
Beachwood, Ohio 44122
216-382-6226
216-978-1928 (m)
Career Highlights: 31 years civil litigation practice, last 24 years at McDonald Hopkins, LLC
Emphasis on business litigation and related arbitrations and mediations
Designated Ohio Super Lawyer (top 5%) in business litigation 2007 and
2008 by Law & Politics and published each January in Cincinnati Magazine
President, Cuyahoga County Bar Association, 2007
Admitted to Florida Bar, 2004
Life member, Judicial Conference of the Eighth Appellate Judicial District
Experience: McDonald Hopkins, LLC, 1984-present, Cleveland, Ohio
Extensive practice in areas of insurance coverage, products liability, non-
competition covenants, trade secrets, real estate, sureties, securities, ERISA,
health law, construction, contracts, civil rights, employment, professional
negligence, antitrust, equitable relief, administrative law, creditor's rights,
uninsured liabilities, foreclosure, tax, trademark, shareholder disputes,
expert witness engagements, professional responsibility
Prior experience: Frost, Freytag & Hunter, 1981-1984, Columbus, Ohio
Assistant Ohio Attorney General, Court of Claims defense section,
1977-1981, Columbus, Ohio
Zacks, Luper & Wolinetz, 1976-1977, Columbus, Ohio
Bar Associations: Cuyahoga County Bar Association, Trustee, 1998-2004,
Second Vice-President, 2004, First Vice-President, 2005, President-Elect,
2006, Chair, Joint Bar Admissions Committee, CLE committee, Ad-hoc
employee handbook revision committee, Member, discussion group
investigating bar unification, judicial selection committee, grievance
committee
Education: The Ohio State University College of Law, J.D., 1976, cum [aude
Case Western Reserve University, M.S.M., 1973
The Ohio State University, B.S., 1972
Bar Admissions: Ohio, 1976; Florida, 2004
Courts: U.S. Supreme Court, 1980; U.S. Court of Appeals, Eleventh Circuit, 2002;
Sixth Circuit, 1984; Southern District of Ohio, 1977; Northern District of
Ohio, 1984; Southern District of Florida, 2005; U.S. Tax Court, 1985
{1390986:}
---~._-_._- _.~..- ----_.~--_.,-.-
THOMAS E. SPENCER
Managing Assistant County Attorney
Pinellas County, Florida 33756
727-464-3354
January 15,2008
Collier County Board of County Commissioners
c/o The Waters Consulting Group
3301 East Tamiami Trail
Naples, Florida 34112
Commissioners:
Thank you for considering my candidacy for the position of County Attorney of
Collier County.
As an overview of my experience, I have 30 years of experience representing
government, including advising governmental bodies and their administrative staffs. The
primary thrust of my career has involved representing government in trial and appeal of
virtually all aspects of government operation. The ability to do this has required
developing a comprehensive working knowledge of day-to-day non-litigation aspects of
governmental representation, such as land use, ordinance development, labor relations,
legislative support and construction.
From a management perspective, in addition to establishing and operating my
own law office prior to locating to Florida in 1992, I have managed outside counsel for
both private and public operations, including managing trial and business counsel world-
wide. I presently directly manage eight litigation positions. I manage all significant trial
and appellate representation of all departments of Pinellas County government.
The position offered by Collier County is one I am actively considering within
Florida and is located in a community within which I have previously resided before
pursuing opportunities to develop my management skills.
Very truly yours,
S/Thomas E. Spencer
"' -~ .. __ _______m_~~__._
THOMAS E. SPENCER, Esq.
315 Court Street
Clearwater, Florida 33756
727-464-3354
SUMMARY OF CURRENT EXPERIENCE
Experienced Governmental Defense Trial Counsel: 30 years experienced in
trial and appellate representation of cities, counties, state agencies and local
governmental bodies in matters involving personal injury, civil rights, law enforcement
civil liability, construction litigation, labor and employment, intergovernmental litigation,
land use and condemnation.
Florida Bar Board Certifications: City, County and Local Government Law
(1996 - present); Civil Trial (1995 - 2000)
Bar Admissions: Florida (1991), Michigan (1977), u.s. Supreme Court, 6th and
11 th U.S. Circuit Courts of Appeal, U.S. Middle District of Florida, Eastern and Western
U.S. District Courts for Michigan.
PROFESSIONAL EMPLOYMENT
Pinellas County Attorney's Office
315 Court Street
Clearwater, Florida 33765
Managing Assistant County Attorney (2003 - present). In addition to the duties of
Senior Assistant County Attorney, duties of management of directly supervising and
training all staff assigned to the Risk and Litigation Section of the Pine lias County
Attorney's Office.
Senior Assistant County Attorney (2001-2003). Supervisor of all Risk litigation for
Pine lias County Constitutional Officers, with primary emphasis upon representation of
the Pinellas County Sheriff and Pinellas County Board of County Commissioners. Duties
include litigation and trial of complex matters, and supervising, training and mentoring of
junior trial lawyers within the Pinellas County Attorney's office.
]
~ _______"_1 . "~_..'_'__._.,"_.'- ..__u
Hallmark Properties, LLC
Pasco Holdings, LLC
International Project Partners, Inc.
Southern Resources Management, Inc.
Health Care Direct Services, Inc.
19235 U.S. Highway 41 North
Lutz, Florida 33549
General Counsel (2000-2001). Commercial and governmental trial and appellate
practice, including supervision of outside litigation counsel. Personally handle selected
litigation matters in state and federal courts, appear before governmental agencies as
needed. Prepare corporate transactions, including transactions involving wireless
international telecommunications/internet ventures and energy projects (international
power purchase agreements, power plant licensing, financing agreements, joint ventures
and partnerships), establish commercial/corporate entities and monitor/analyze SEC
filings.
Adjunct Professor, Stetson University College of Law (Fall 2000)
Federal Administrative Law
Integrated Control Systems, Inc.
900 West Marion Avenue
Punta Gorda, Florida 33950
General Counsel (1997 - 1998). Litigation responsibilities involved risk and litigation
management, hiring and supervising outside counsel world-wide. Supervised services of
60+ trial and corporate law firms throughout the United States, Canada, Mexico,
Western/Eastern Europe and the Pacific Rim. Trial responsibilities included arbitration
and mediation participation and supervision involving complex commercial litigation,
personal injury and employment claims, and Title VII litigation.
Commercial responsibilities involved negotiating, drafting and closing multi-million
dollar domestic and international consulting agreements, commercial personal and real
estate transactions, corporate record-keeping, corporate expansion, international transfer
pricing valuations, trademark establishment and licensing, and general corporate legal
matters.
Labor responsibilities included managing all labor disputes and labor litigation,
formulating labor/employment policies, preparing employment contracts (compliant with
local labor laws of Americas, European and Asian nations), enforcing non-compete
agreements, investigating and resolving employee grievances, advising corporate and
regional management teams on employee recruitment, discipline and termination
consistent with corporate policy, domestic and international labor law.
2
----...-.-- ---------. ----
Lee County Attorney's Office
2115 Second Street
Ft. Myers, Florida 33901
Assistant County Attorney (1992-1997). Trial and appellate counsel with a 16-member
county government law office. Managed litigation teams in complex litigation.
Supervised outside counsel, and served as co-trial counsel with outside counsel in major
case litigations. Routinely responsible for consultation, trial and appeal of federal and
state claims involving all aspects of governmental and commercial operations of Lee
County and the Lee County Port Authority (Southwest Florida International Airport).
These claims involved personal injury and complex commercial matters (eminent
domain, inverse condemnation, business and land valuations, land title issues), labor
litigation (Title VII, ADEA, ADA, 42 USC Sec. 1983), labor (PERC, FLSA),
construction, commercial and general civil liability.
Thomas E. Spencer
6886 Cascade Road, S.E.
Grand Rapids, Michigan 49506
Private Practice (1984-1992). Major case civil practice involved personal injury, police
and sheriff federal civil rights, commercial, construction and governmental litigation.
Civil trial experience included federal civil rights defense, wrongful death, severe
personal injury, workers compensation and civil rights claims against commercial, state
and local governmental entities. Represented Michigan State University as Special
Assistant Attorney General (1980 - 1991).
Adjunct Professor: American Paralegal Studies, Grand Rapids, MI.
Hartford Insurance Company
3949 Sparks Drive, S.E.
Grand Rapids, Michigan 49506
Staff Attorney (1980-1984). Trial and appeal of insured personal injury and civil rights
claims involving private and public sector clients before federal and state courts.
Representative claims involved federal civil rights defense, general governmental civil
liability, product liability, construction negligence, nursing and hospital malpractice,
motor vehicle accidents, slip and falls, slander and libel, workers compensation and PIP
claims. Trial and appeal of worker's compensation against Hartford accounted for 20%
of caseload.
3
. ~. .~._-,
EDUCATION
THOMAS M. COOLEY LAW SCHOOL (1974-1977)
Lansing, Michigan 48933
Juris Doctor, Cum Laude. Graduated 4th in class (4/61).
MICHIGAN STATE UNIVERSITY (1966-68,1972-74)
East Lansing, Michigan 48824
Bachelors of Arts with Honors. Television and Radio
Continuing Collegiate Education:
German (Skill Level: Basic conversational) - St. Petersburg Junior College (present)
Spanish (Skill level: Elementary) - University of Tampa (2002)
French (Skill level: Conversational-Fluent; Reading and Writing-Intermediate)-
University of South Florida (2000/2001 - Refresher); St. Petersburg Junior College (2003
Refresher)
Patent & Trademark Law - Thomas M. Cooley Law School (1990)
Bar Association Activities:
Chairman, Civil Practice Committee, Clearwater Bar Association
Barrister, Barney Masterson Inns of Court, Pinellas County, Florida
Secretary, Federal Bar Association, 20th Judicial Circuit (1995-1996)
Member, The Florida Bar Federal Practice Committee (1996-1997)
4
..-.,
Continuing Legal Education (Seminars)
Date Course Name General Credits Ethics Credits
3/27/92 XI Annual Local Government 10.0 0.5
Seminar
4/24/92 Proposed Amendments to Florida 1.0
Rules
4/30/92 Pretrial Services 1.0
9/24/92 Federal Ethical Implications 1.0 5.0
l/2l/93 Federal Civil Practice 5.0
5/1 0/93 Advanced Trial Advocacy 43.0 2.0
10/28/93 Taking The High Road 6.0 2.0
9/23/94 Brave New World of Jury Trials 8.0
10/7/94 Unlocking Mysteries of Federal 7.5 0.5
Court
10/14/94 Condemnation 7.5
l/20/95 Masters in Trial 9.0 2.0
3/2/95 Civil Trial Certification Review 15.0 1.5
1995
4/21/95 Next Step in Growth Management 7.5
5/5/95 18'" Local Government Law 12.0 1.0
6/29/95 Federal Practice & Procedure 4.5
10/6/95 Balancing Private Property 4.0
Interests with Land Use
Regulation
1l/2/95 Basic Labor & Employment Law 8.0
11/3/95 Surviving the 20th Century 8.0
2/l2/96 Civil Trial Certification Review 14.5 1.5
1996
2/16/96 Trying Cases To Win 15.5 1.5
4/26/96 Employment Practices Seminar 11.0
1996
5/2/96 City, County and Local 8.0 1.0
Government Certification '96
9/20/96 Annual Seminar 5.0 1.0
2/l 0/97 Civil Trial Certification Review 14.5 1.5
1997
8/20/98 Practicing Law in Year 2000 7.0
4/9/99 Attorney's Fees 6.0 0.5
4/9/99 Sexual Harassment 8.0 1.0
4/9/99 Government in Sunshine 8.0 4.0
4/15/99 City, County and Local 8.0 0.5
Government Law Certification
Review Course
4/16/99 22 Annual Local Governmental 11.5 .5
5
'" -~'.----- -...... "^"."'._--~- ...w__ '.'"U__..____.,____
Law in Florida
2/5/01 Civil Trial Board Certification 11.5 1.5
Review 200 I
3/16/01 Technology in the Courtroom 3.5
3/23/01 Advanced Construction 3.0
4/20/0 I 24m Local Government Law 9.50 1.0
Seminar
4/19/0 I 200 I City County Certification 8.0 1.0
4/20/0 I 23'd Local Government Seminar 12.0 0.5
1/18/02 Government in the Sunshine 7.0 2.0
2/13/02 Sex, Laws and Government; 5.5
Adult Entertainment Law
Symposium
2/14/02 Police Misconduct 6.5
2/18/02 2002 Civil Trial Certification 15.0 2.0
5/9/02 2002 City/County and Local 8.0 1.5
Certification
5/1 0/02 25m Local Government Seminar 11.0
8/22/02 Public Contract Code and 7.0
Competitive Public Bidding in FL
11/7/02 Florida Association of Police 11.0 1.0
Attorneys 2002 Legal Update
Seminar
4/4/03 Opinion/Expert Testimony in 17.0 1.0
Federal and State Courts
4/30/03 Police Misconduct Litigation 6.0
Seminar
5/2/03 Section 1983 Civil Rights 12.50
Litigation Seminar
5/9/03 26tn Annual Local Government 11.0 1.0
Seminar
8/6103 Florida Police Liability 6.5
10/23/03 Probate/Guardianship 1.0
11/1/03 8tn Annual International Moot 2.5
Court
11/20/03 Risk Management 1.0
11/25/03 New Directions in Federal Civil 4.5
Practice
12/4/03 Ethical Considerations in Public 1.0
Sector Law
3/7/04 AMT A Intercollegiate 3.5
4/22/04 Law & Order 1.0 1.0
5/6/04 2004 City/County Cert Rev 8.0 1.5
5/7/04 27'n Local Government Law 10.5 1.0
6/11/04 Practicing Before Supreme Court 10.0 1.0
6
'",--_....,..,'~._. _._"".__m_"_ ..----
6/22/04 CM/ECF Attorney Training 3.5
10/7/04 Legal Uodate Seminar 13.0 2.0
3/12/05 Mock Trial Competition 25.0
4/6/05 Section 1983 Litigation 3.5
4/7/05 Section 1983: Civil Rights 11.5
5/27/05 Winning Trial Strategies 6.0
6/22/05 F ACA 2005 Conference 3.0 1.0
7/21/05 24th Annual Seminar FMAA 14.0 2.0
10/1/05 Preeminent Trial Lawyer 31.5 1.0
10/21/05 Legal Uodate Seminar 11.0 2.0
10/26/05 05 Int'l Env'l Moot Court 3.0
10/27/05 Pretrial Practice 1.0
10/28/05 Presentation Skills 8.0
2/23/06 Good Cop Bad CoP 7.5
3/11/06 American Mock Trial 25.0
Competition
4/2/07 Police Medico-Legal 43.0
Investigation of Death
7
--. --......- -~_.-
Significant Civil Cases Tried!
(Client Underlined)
Larry Hall v. Pinellas COW1tv Sheriff, 6th Judicial Circuit for Florida (2007), case no. 05-
3990-CI-13. 2d Chair. 3 days. Excessive force claim. Jury verdict for Defendant.
Shaun Stevens v. Pinellas COW1tv Sheriff, 6th Judicial Circuit for Florida (2006), case no.
Case No. 02-8900-CI-08. 1st Chair. 2 days. Excessive force claim. Directed verdict
for Defendant.
City of Pine lias Park, et al. v. Pinellas COW1tV. Pinellas COW1tV Supervisor of Elections
and Pine lias Countv Charter Review Commission, 6th Judicial Circuit for Florida (2006),
case no. 06-5975-CI-ll. 1st Chair. 3 days. Permanent injunctive action by 21 cities
seeking to remove charter initiatives from the November ballot, or to suppress vote
counts upon such initiatives. All injW1ctive relief denied.
Elliott Campbell v. Pinellas COW1tV Sheriff, 6th Judicial Circuit for Florida (2006), case
no.02-7256-CI-19. 2d Chair. 3 days. Excessive force claim through inappropriate use
of pro-straint chair. Jury verdict for Defendant.
Todd Darland v. Pinellas COW1tv Sheriff, 6th Judicial Circuit for Florida (2006), case no.
02-912-CI-8. 2d Chair. 3 days. False arrest, excessive force claim. Jury verdict for
Defendant.
Est. of John Patterson v. Pinellas COW1tV, Pinellas COW1tV Sheriff and Deputv Mark
Ondrev, 6th Judicial Circuit for Florida, (2006), case no. 01-3636-CI-13. 1st Chair. 4
weeks. Federal Civil Rights & Wrongful death claim arising from jail suicide. Jury
verdict for all defendants. No liability on negligence claims against Pinellas COW1ty and
Pinellas County Sheriff. Jury verdict for Defendant Ondrey on civil rights claims and on
willful and wanton negligence claims.
1 Intentionally omitted are all Federal and State criminal defense trials and appeals, all
civil appellate experience and other matters such as miscellaneous administrative (such as
worker's compensation cases) and domestic proceedings.
8
..---- ---.-.._- .--.. . ~--,
George M. Miller v. Everett S. Rice. as Sheriff of Pine lias Countv. in his official
capacity; and Deputv Charles Street. Individuallv, U.S. District Court, Middle District of
Florida, Tampa Division, (2004), case no. 8:02-CV-l 080. T-24MSS. ] st Chair. 4 days.
Directed verdict for Defendant Rice. Jury verdict for Defendant Street. 4th Amendment
excessive force case under 42 U.S.C. 91983 brought by escaped convict for severe
gunshot wounds during pursuit and carjacking.
Camposeco v Pinellas County, 6th Judicial Circuit for Florida, (2003) case no. 97-505-
CI-7. 2d Chair. 5 days. Common law negligence claim for trip and fall upon public
sidewalk resulting in knee replacement, aggravation of substantial prior cervical injuries.
Jury verdict for Defendant.
A]exis v Pinellas County Sheriff, U.S. Districe Court for Middle District of Florida
(2002), case no. 98-672-Civ-T-26e. ]st Chair. 7 days. 42 U.S.C. Section ]983 claim
asserting 1 st Amendment violations arising from practices of Sheriff to conduct full
custodial arrests of dancers engaging in conduct proscribed by local ordinance. Jury
verdict for Defendant, affirmed on appeal.
Medisys v Phillips. et al., U.S. District Court for Central Division of Utah, Salt Lake
City, UT (200]), case no. 2:00 CV 00677 ST. ]st Chair. 2 days. Action to set aside ex
parte Temporary Restraining Order obtained per ]Ob(5) SEC claim, and defending
request for preliminary injunction, restraining sale of Regulation] 44 stock. TRO ordered
dissolved and preliminary injunction denied.
Medisys v Interstate and Anderson et aI., Utah State District Court, Salt Lake City, UT
(2001), case no. 000904474. ]st Chair. ] day. Action to set aside ex parte injunction
restraining sale of Regulation ]44 stock. Judgment for Anderson, et al finding wrongful
injunction with award of costs and actual attorney fees.
Anderson et al. v Kiesel, et al., U.S. Midd]e District Court, Tampa, FL (200]), case no.
8:00-CV-905-T-24F. ]st Chair. ] day. Derivative shareholder action for excessive
compensation and corporate bonuses, dismissed without prejudice pending resolution of
collateral litigation.
Bramco v Integrated Control Systems, Federal Arbitration, Louisville, KY (1998). 2d
Chair. ] day. $340,000 consulting contract guarantee dispute. Judgment for Defendant.
9
~,.._~., ..
Postiljon v IMPAC Espana, International Arbitration, Amsterdam, Netherlands (1997-
1998). 2d Chair. 2 weeks. $800,000 consulting contract guarantee dispute. Judgment
for Defendant.
Cavalier Carpets v IMPAC Australia Ptv, International Arbitration, Auckland, New
Zealand (1997). 2d Chair. 3 weeks. $705,000 consulting contract guarantee dispute.
Judgment for Plaintiff.
Pavan v IMP AC (Ireland). Ltd., International Arbitration, Milan, Italy (1997). 2d Chair.
2 weeks. $204,000 consulting contract guarantee dispute. Judgment for Plaintiff.
Lee County v Easy Way, Inc., 20th Judicial Circuit. 1st Chair. 3 days. Non-jury. Action
to abate public nuisance. Injunction order entered against owner.
Ft. Myers Airway v Lee County Port Authoritv. 20th Judicial Circuit. 15t Chair. 1 day.
Non-jury. Action to enjoin purchase of business. Injunction denied.
Adams v Lee County. U.S. Middle District of Florida. 2d Chair. 2 weeks. Non-jury.
$6M FSLA claim for overtime wages. Partial judgment for Plaintiffs for $2M against
demand of $6M.
Lee County v Black, 20th Judicial Circuit, 92-3060 CA. 2d Chair. 2 days. Jury.
Eminent Domain. Case tried to verdict of$18K against demand of$68.5K.
Susanno v Lee County. U.S. Middle District of Florida, 93-188 Civ FtM 25D. 15t Chair.
3 days. Jury. $500,000 Public Employment/Civil Rights claim. Judgment for Lee
County at close of Plaintiffs proofs, affirmed on appeal.
Francisco v Lee County. U.S. Middle District of Florida, 91-114 Civ FtM 25D. & 91~327
FtM 25D, 1st Chair. 3 days. Jury. $28M Civil Rights/Inverse Condemnation/Land
Use/Commercial Loss. Judgment for Lee County at close of Plaintiffs proofs. Lee
County awarded $592K attorney fees. Judgment of no liability affirmed on appeal, order
refusing to disqualifY Plaintiff s counsel vacated.
Francisco v Lee County. U.S. Middle District of Florida, 91-327 FtM 25D., 15t Chair. 3
days. Non-jury. $9M Inverse Condemnation claim asserting a private waterline taking.
Judgment for Lee County. Affirmed on appeal.
10
~ - -.-..---...'.--- -_.~----
Lee County v Digital Equipment Corp., 20th Judicial Circuit, 93-81 CA. 2d Chair. I day.
Non-jury. Declaratory Judgment Action, Public Records Law access dispute. Judgment
for Lee County.
Lee County v Ryan, 20th Judicial Circuit, 92-5656 CA. 2d Chair. 2 days. Jury. Eminent
Domain. Tried to verdict.
Nease Construction v Lee County, 20th Judicial Circuit, 92-6543 CA. 1st Chair. 2 days.
Non-jury. Declaratory Judgment Action, Construction Contract dispute. Judgment for
Plaintiff extending time to remove houses from right of way.
Adams v Weld, Kent County Court, Kentwood, Michigan (1992). 1st Chair. 1 day. Non-
jury. Concealment oflatent building drainage defect in home sale. Judgment for
Defendant.
Rinkus v Kempf, Ottawa County Circuit Court, Michigan, 84-42573-NM. 1 st Chair. 4
weeks. Jury. Medical malpractice, birth trauma, neurological injury. Judgment for
Defendant.
Goller v Hanlon, Kent County Court, Kentwood, Michigan. (1985) 1 st Chair. 1 day.
Non-jury. Breach of contract claim, collection of plumbing contractor fees. Judgment
for Plaintiff.
Markham v Ohler, Kent County Circuit Court, Michigan, 85-48057-NI. Jury. 1 week.
Auto negligence, orthopedic personal injury. 1 st Chair. Judgment for Plaintiff.
McBride v West Michigan Construction, Kent County Circuit Court, Michigan, 85-48894
CK. 1 st Chair. 2 weeks. Jury. Construction negligence during roofing, property water
damage. Judgment for Defendant.
Hickey v MSU, Court of Claims, Ingham County, Michigan, 83-8859-CM. 1st Chair. 4
weeks. Non-jury. Defective construction/design, wrongful death, jail suicide. Judgment
for Plaintiff, reversed by Michigan Supreme Court and Judgment entered for Defendant.
II
-..., - ---,.- .._--~-- ...-...~" .-------
Hickey v Zezulka, Ingham County Circuit Court, Michigan, 83-35117-NO. I st Chair. 4
weeks. Jury. Wrongful death, jail suicide, police negligence. Judgment for Plaintiff for
$IM, reversed by Michigan Supreme Court, judgment for Plaintiff for $100K on retrial
by successor counsel.
Mshar v Oole, Kent County Circuit Court, Michigan, 81-32506-NO. 1 st Chair. 4 weeks.
Jury. Improper heating system repairs, wrongful death and neurologic injuries.
Judgment for Defendant.
Anderson v T.A. Forsberg, Ingham County Circuit Court, Michigan, 82-30625-NI. 1st
Chair. 1 week. Jury. Construction site accident, personal injury. Judgment for
Defendant.
Narcy v MSU, Court of Claims, Ingham County, Michigan, 83-9012. Non-jury. I week.
Defective premises, racquetball court injury. 1 st Chair. Judgment for Plaintiff for $48K
against demand of$200K.
Carter v City of Walker, Kent County Circuit Court, Michigan, 82-37913-NI. 1st Chair.
4 weeks. Jury. Improper highway design, personal injury. Judgment for Defendant.
Magnuson v Kent County Road Commission, Kent County Circuit Court, Grand Rapids,
Michigan (1985). I st Chair. 3 weeks. Jury. Improper highway design and maintenance,
wrongful death. Judgment for Defendant.
Yenny v Grand Rapids Asphalt, Kent County Circuit Court, Grand Rapids, Michigan
(1984). 1st Chair. 1 week. Jury. Defectively designed access gate, crushed hand.
Judgment for Defendant. Affirmed on appeal.
Secrist v Corss, Cass County Circuit Court, Cassopolis, Michigan (1984). 1 st Chair. 1
week. Jury. Negligence, tree falling, neurologic injury. Judgment for Defendant.
Mitchell v Walt Plant Appliance, Kent County Circuit Court, Grand Rapids, Michigan
(1984). 1st Chair. 1 week. Jury. False arrest, malicious prosecution. Judgment for
Defendant.
Moultrup v Little Harbor Club, Charlevoix County Court, Petosky, Michigan (1983). 1st
Chair. 3 days. Jury. False arrest, malicious prosecution. Judgment for Defendant.
12
. .".-..-._^._~._. - .-...".-"
Ace Rental v Moultie, Lansing 54-A District Court, Lansing, Michigan (1981). 1 st Chair.
5 days. Jury. Improperly constructed cold process roof construction. Judgment for
Defendant.
Vanderkolk v Soee-dee-Gas Co., Ottawa County Circuit Court, Grand Haven, Michigan
(1982). 1 st Chair. 1 week. Jury. Improperly constructed natural gas line, wrongful
death. Judgment for Defendant.
Fritz v Schoolcraft Farms, Kalamazoo County Court, Kalamazoo, Michigan (1981). 1 st
Chair. 2 days. Jury. Negligent farm spraying, crop loss. Judgment for Defendant.
Michaels v Rensselear Auto Bodv, Van Buren County Circuit Court, Paw Paw,
Michigan. (1981) 1st Chair. 1 day. Non-jury. Vehicular damage caused to semi-truck
during repainting. Judgment for Plaintiff.
Auto Owners v Remus Electric, Mecosta County Court, Big Rapids, Michigan (1981).
1 st Chair. 3 days. Jury. Fire loss due to alleged defective wiring. Judgment for
Defendant.
H:\USERS\Atykb46\Wpdocs\Miscellaneous Files\Pinellas Resume - The Florida Bar.DOZ.doc
13
-',-'- ...,,__ .... _.~_ d',___ - ,.,-~~-_. ___w
COLLIER COUNTY, FLORlDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
Thomas E. Spencer
2717 Seville Boulevard
Apt. 12304
Clearwater, FL 33764
Business phone: 727-464-3354
Mobile phone: Not available
Home E-mail: spencerte@earthlink.net
Work Email: tspencer@pinellascountv.org
(Please note: this contact information will be used to communicate with you regarding this position
unless otherwise instructed by you)
CURRENT TITLE AND Managing Assistant Pinellas County Attorney
ORGANIZATION NAME Pinellas County Attorney's Office
REPORTS TO (TITLE) James L. Bennett, Interim Pinellas County Attorney
POPULATION SERVED 1,000,000
ST AFFIBUDGET 44 fulltime staff, Budget of$5.87M.
EDUCATION AND Juris Doctor, Thomas M. Cooley Law School,
LICENSES Lansing, Michigan. Licensed 1ll Florida and
Michigan
CURRENT SALARY $140,000; Florida Government Benefits - Senior
Management Classification
WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 1
20060 THIS DOCUMENT IS COPYRlGHTED AND IS CONSIDERED PROPRIETARY INfORMATION
THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF TIIE WATERS CONSULTING GROUP, me.
WATERS-OLDANI EXECUTIVE RECRUIThfENT IS A D1VlSION OF Tim WATERS CONSULTING GROuT, me. 800.899,1669
._--- _..-,.- --,.--..--." -'.'--- "'-.--',-". .--.-
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
-~-,_.-,._~..._.- -~--_..._- .,.'.---- ---~_._---- ----.'._-- ,'.'----
Instructions:
Please respond to each of the following questions by providing pertinent information. Where you are
asked to provide examples please be succinct (five or six pages total) and describe your direct level of
involvement in the project or initiative. PLEASE MAKE NO EFFORTS TO REFORMAT THIS
DOCUMENT.
The purpose of this questionnaire is to provide us with additional information about you as a candidate
and to gather additional examples of your background and experience.
1. Please tell us why you are interested in this position and why you are considering
movinl!?
Answer: This is the first time this position has been publicly available in over ten years. Collier
County is one of the very best communities in the United States, politically, economically, culturally
and environmentally. The position of County Attorney offers challenges and opportunities for
which I have prepared since the Lee County Attorney's Office, that is, to develop my management
skills.
2. Please describe your current scope of responsibilities including staff and budget. What
is the largest number of people that you have managed and the largest operating
budl!et vou have manal!ed?
Answer: My current direct staff consists of 4 attorneys (one position vacant), 3 paralegals and 2
secretaries. With this staff, I direct and manage all major litigation for all aspects of Pinellas County
Government. Moreover, I serve as a team leader of multi-disciplinary litigation, such lawsuits
involving land use, Charter, election, taxation and risk claims and disputes.
Budget responsibilities delegated by the Interim County Attorney are presently limited
to managing an education budget. My prior budget experience has included managing up to $2M in
legal services for an international organization.
3. What role do you play with your organization's elected officials? County/City
mana..-ement team? Public? Media?
Answer: That varies. I directly advise, upon request, the Constitutional Officers of Pine lias
County on any matter that may result in litigation, or has resulted in litigation. I respond to the
public routinely, provide confidentiality permits. I extend interviews to media if requested by the
client.
4. Please describe your management style. What percentage of your time do you spend on
mana..-ement vs. involvement in the countv/citv;s caseload?
Answer: I manage by goal setting, planning achievement, implementing such plans, and then re-
evaluating and readjusting goals, plans or implementation when and where necessary. I lead by
example. I surround myself with the best available talent that have proven abilities to continue to
learn and improve, who can be trusted to work independently, with initiative, curiosity and
creativeness. Then, I delegate and encourage success. I spend about 33-50% of my time managing,
instructing and training attorneys in the substance of government and how to effectively represent
government before trial and appellate courts. I spend 50% of my time demonstrating what I teach.
In the past seven years, Pinellas County has not lost any circuit or federal trials under my
supervision and we have tried more cases in that seven years than the county tried in the past ten
WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 2
200610 TIllS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION
Tms DOCUMENT OR ANY PORTIONS OF TIDS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF THE WATERS CONSULTING GROUP, INe
WATERS-OLDANI EXECUTIVE RECRUlTMENT IS A DIVISION OF TIlE WATERS CONSULTIKG GROUP, INe 800.899.1669
-.~"---~-_.
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
years.
5. Please describe the nature/type of cases you have been involved with recently?
Answer: I am currently supervising all personal injury and civil rights claims litigation against all
Pinellas County Constitutional Officers, except the Pinellas County Sheriff (that office commenced
in-house representation on 1/1/08). I also directly handle, or act as the team leader, Pine lias
County's complex governmental litigation, such as a $3.5 foreclosure and damage claim on a
defaulted Affordable Housing Project financed by Pinellas County. Other complex cases involved
current litigation over a zoning enforcement, noise abatement and land use injunction proceeding
involving residential and industrial zoned properties. Another example involves an inverse
condemnation lawsuit by an abandoned landfill in which the permits for continued operation were
denied due to various factors, including public nuisance and non-compliance local and state landfill
and environmental regulations. And, as a final example, I am now team leading the defense of a
taxpayer's federal lawsuit to invalidate the Florida Homestead Tax Exemption and a state-wide class
action lawsuit against the Clerk of the Court seeking recovery of invalidated file re-opening fees.
6. What kind of feedback have you received from people with whom you work on a daily
basis with regard to your strengths?
Answer: Best trial lawyer they have ever worked with and possessing the ability to teach other
lawyers the advocacy principles such that they can develop the same abilities. Effective team
builder and manager.
7. What kind of feedback have you received from people with whom you work on a daily
basis with regard to your weaknesses?
Answer: Could be more succinct.
8. How would others characterize your communication style?
Answer: Open and collaborate, unless immediate action is imperative. For example, I am receptive
to input and criticism from all levels of staff, without recourse and in confidence when needed.
However, when a decision has to be made without the luxury of extensive consultation, I am direct
and clear, and I accept responsibility for all decisions made.
9. What experience do you have in developing and reviewing or revising
ordinances/zoning codes and policies relating to development? How familiar are you
with TIF SIDS LIDS as they relate to zoning and code? Have you written any
legislation with regard to ordinance/code?
Answer: I regularly work with ordinances and zoning codes, and the attorneys assigned these tasks.
I haven't written an ordinance in more than twenty years, but instead, litigate the constitutionality
and application of such. I am currently foreclosing on a Pinellas County Community Housing
redevelopment project. The use of Tax Increment Financing was an option exercised at Lee County
when I was employed by the Lee County Attorney's Office. Pinellas County achieves financing of
infrastructural improvements and redevelopment through direct taxation approved by special
referendum. I am unaware of any county on the West Coast of Florida that employs Suburban
Improvement Districts since blight intensity has not been the level of problem encounter by places
such as Kansas City or Detroit. Further, Local Improvement Districts are organized differently in
Florida, such as through CRA's (Community Redevelopment Agencies). My direct involvement
with the day-to-day operations has been very limited, usually when litigation arises over their
operations.
WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 3
20060 TIllS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION.
TIDS DOC"UivlENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF 1RE WATERS CONSULTING GROLl', INe
W ATERS-OLDAc'lI EXECUTIVE RECRUITMENT IS A DIVISION OF THE WATERS CO:-.tSUL TING GROUP, me 800.899.1669
- --.-_.- --.--- --._---
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
10. What exnerience do vou have in workinl! with Code Enforcement and Comnliance?
Answer: I am currently litigating a zoning, noise ordinance injunctive action as mentioned in
paragraph 5. I have litigated mangrove ordinance litigation, noise ordinance litigation and
environmental litigation, the core of which relates to the enforcement actions of Code Enforcement
and Compliance.
11. Please describe your experience in handling highly visible cases and the nature of the
case. Did vou utilize outside counsel?
Answer: I supervise outside counsel in litigation. I have successfully defended in state and federal
court numerous high-profile, politically charged lawsuits. The following is a sample of such actual
trials (client is underlined):
City of Pine lIas Park, et al. v. Pinellas Countv. Pinellas County Supervisor of Elections and Pinellas
Countv Charter Review Commission, 6th Judicial Circuit for Florida (2006), case no. 06-5975-CI-
11. I st Chair. 3 days. Permanent injunctive action by 21 cities seeking to remove charter initiatives
from the November ballot, or to suppress vote counts upon such initiatives. All injunctive relief
denied.
Est. of John Patterson v. Pinellas Countv. Pinellas Countv Sheriff and Deputv Mark Ondrev, 6th
Judicial Circuit for Florida, (2006), case no. 01-3636-CI-13. 1st Chair. 4 weeks. Federal Civil
Rights & Wrongful death claim arising from jail suicide. Jury verdict for all defendants. No
liability on negligence claims against Pinellas County and Pinellas County Sheriff. Jury verdict for
Defendant Ondrey on civil rights claims and on willful and wanton negligence claims.
George M. Miller v. Everett S. Rice. as Sheriff of Pine lIas Countv. in his official capacitv: and
Deputv Charles Street. Individuallv, U.S. District Court, Middle District of Florida, Tampa Division,
(2004), case no. 8:02-CV-I080-T-24MSS. 1st Chair. 4 days. Directed verdict for Defendant Rice.
Jury verdict for Defendant Street. 4th Amendment excessive force case under 42 U.S.C. 91983
brought by escaped convict for severe gunshot wounds during pursuit and carjacking.
Alexis v Pinellas County Sheriff, U.S. Districe Court for Middle District of Florida (2002), case no.
98-672-Civ- T-26e. 1st Chair. 7 days. 42 U.S.C. Section 1983 claim asserting 1 st Amendment
violations arising from practices of Sheriff to conduct full custodial arrests of dancers engaging in
conduct proscribed by local ordinance. Jury verdict for Defendant, affirmed on appeal.
Adams v Lee County, U.S. Middle District of Florida. 2d Chair. 2 weeks. Non-jury. $6M FSLA
claim for overtime wages. Partial judgment for Plaintiffs for $2M against demand of $6M.
Francisco y Lee County, U.S. Middle District of Florida, 91-114 Ciy FtM 25D. & 91-327 FtM 25D,
1st Chair. 3 days. Jury. $28M Ciyil Rights/Inverse Condemnation/Land Use/Commercial Loss.
Judgment for Lee County at close of Plaintiffs proofs. Lee County awarded $592K attorney fees.
Judgment of no liability affirmed on appeal, order refusing to disqualify Plaintiffs counsel vacated.
WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 4
20060 THIS DOCUMENT is COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION
THIS DOCUMENT OR A\JY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF TIJE W AYERS CONSULTING GROUP, INe
WATERS-OLDANI EXECUTIVE RECRUITMENT IS A DIVISION OF THE WATERS CONSULTrKG GROUP, INC 800.899.1669
- ._______0.___.._____._________ -----" --.---.-- ---.-.-
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
Francisco v Lee Countv, U.S. Middle District of Florida, 91-327 FtM 2SD., 1st Chair. 3 days. Non-
jury. $9M Inverse Condemnation claim asserting a private waterline taking. Judgment for Lee
County. Affirmed on appeal.
Lee Countv v Digital Equipment Corp., 20th Judicial Circuit, 93-81 CA. 2d Chair. I day. Non-jury.
Declaratory Judgment Action, Public Records Law access dispute. Judgment for Lee County.
Furthermore. I have resolve other highlv visible cases with necessity of trial. including a multi-home
owner lawsuit over failed building inspections resulting in gross building contractor work and maior
home owner losses.
12. What type of on-going reporting do you provide to your superiors? What type of
electronic case manal!:ement svstem does vour orl!:anization currentlv use?
Answer: We have a centralized Case Management System that needs substantial improvement. I
have developed two working alternatives. The first is a claims/case report record that permits a
client to evaluate the status of pending litigation. It also serves as a tool to manage outside counsel
and as a communication device to assemble a trial team efficiently when a case must go to trial. The
second is a spreadsheet that identifies case loading, case assignment and case weighting as a
function of complexity and likelihood of trial. I have designed these documents to assure
management continuity should the necessity arise and to transfer management control in my
absence.
13. Have you ever developed or conducted a cost allocation formula evaluation? Workload
estimates analysis? What were the resuIts of these studies?
Answer: Please see the answer to paragraph 12. The Client and the County Attorney, who is not a
litigation or trial lawyer, can now understand any given case, how it will be handled, which trial
team is staffing it and the risks associated with that case. My spreadsheet analysis demonstrates
whether available staff has reserve capacity or is working in excess of reserves.
14. What experience do you have with recruitment, professional development and training
program implementation?
Answer: I operated my own law office for eight years. I have recruited and supervised tax,
transactional and litigation lawyers world-wide. I was hired by the Pinellas County Attorney's
Office to resolve a number of major cases, and to develop and train selected attorneys as trial
lawyers after a record of disappointing returns at trial. The attorneys I have personally recruited
have achieved an outstanding record since then. They are now capable of effectively evaluating,
preparing and trying virtually any kind of governmental problem with only maintenance supervision
and mentoring by me.
15. Are you currently, or have you ever been a member of the Florida Bar? If not
currently a member of the Florida Bar, are you able to sit for the bar upon your
appointment to this position?
Answer: Florida Bar admitted.
16. Please describe any additional areas of expertise or experiences/project involvement
you have/have had that are relevant to the position for which you are applyinl!:.
Answer: I routinely counseled County Commissioners, publicly and privately, at Lee County,
WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 5
2006QTHlS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION
TIlTS DOCIJMENT OR ANY PORTIONS OF TIDS DOCUMENT IS NOT TO BE REPRODUCED FOR A..'1Y REASON WITHOUT THE WRJTTEN CONSENT OF THE WATERS CONSULTING GROUP, INe
WATERS-OLDANI EXECUTIVE RECRillTMENT IS A DIVISION OF THE WATERS CONSULTING GROUP, mc 800.899.1669
. -~---- -_._--~ - --- -
COLLIER COUNTY, FLORlDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
Florida. I counsel Pinellas County Constitutional Officers when requested and as needed. I have
been actively involved with instigating and assisting the Pinellas County IT departments' ability to
publicly and legally account for its electronic data, especially in view of recent federal court
mandates.
17. What is/are the names of the local newspapers in the communities in which you have
served and what will a file search describe regarding your service? What controversies
mil!ht be disclosed? What vraiseworthv comments will we fwd rel!ardinl! vour service?
Answer: Naples Daily News (highly visible litigation), Ft. Myers Newspress (highly visible
litigation), St. Petersburg Times (highly visible litigation). In my experience, most newspapers
attempt to accurately report the controversy in highly visible litigation and rarely engage in praise,
unless taking one side. In that case, you are likely to get praised or critiqued accordingly. A good
governmental lawyer had better focus on the best interests of the public and the client. For example,
after I won the Francisco v. Lee County case in 1994, a case reputed as the highest political profile
case in the history of Lee County, Florida, the news report were complementary. When I won an
attorney fee award of $592,000 --- a feat not equaled by other governmental attorneys nationwide ---
I was roundly criticized because I failed to secure an award of $1.2M that I sought. The $592,000
award covered all of our file costs, outside co-counsel costs and my trial team's salaries for the
preceding 2.5 years. The case was controversial. The federal court found that my adversary
inappropriately tried this case through the newspapers and authorized his magistrate judge to award
up to one-half of the $592,000 aQ;ainst the Plaintiff attorneys.
18. How did vou hear about the nosition?
Answer: I know many of the former Collier County Assistant Attorneys and other local
governmental attorneys in Collier and Lee County. They told me.
19. Are you currently interviewing with an employer and/or a finalist in any other
recruitment nrocess?
Answer: No. This is the only position I am presently considering.
20. Have you previously been a candidate in a Waters, Oldani Group or Waters-Oldani
recruitment vrocess? If so, which vrocess (s) ?
Answer: No.
Please note that all candidates' names will be released to the public and that the selection ofthe
semifinalists and finalists will be during a Board of Commissioners Meeting in keeping with the
Florida Sunshine Law.
WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 6
20060 TillS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION
nus DOCUMENT OR ANY PORTIONS OF TIDS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WI1110UT THE WRITTEN CONSENT OF THE WATERS CONSULTING GROUP, INe
WATERS-OLDANI EXECUTIVE RECRUITMENT IS A DIVlSlON OF THE WATERS CONSlJLTING GROUP, INe 800.899.1669
.---_._-~. - .-.--..--... ---.. ._._. .~.__~_.__,..Mm_'_ ...,.------------
DOUGLAS BLECKI
921 Bunker View Drive
Apollo Beach, Florida 33572
(
(305)-495-4618
blecki@tampabay.rrcom
Experience:
May 2004 - Present Dennis Hernandez & Associates, P.A. ,Tampa, Florida
Senior Attorney - Handling litigation and workouts of complex commercial and other matters.
Handling client development and a variety of administrative matters. Demonstrating a superior track
record of client origination, client retention and client satisfaction.
October 1999 - April 2004 Attorney - Handling litigation and workouts of complex and other matters, including commercial,
contract, real estate, construction, tax, securities, insurance, employment an bankruptcy issues.
July 1993 - September 1999 Ruden. McCloskv. Smith. Schuster & Russell. P.A., Miami, Florida
Attorney - Specialized in litigation and workouts of commercial, fraud, real estate, insurance, tax,
appellate, anti-trust, and various banking matters for major fmancial and other corporate clients. Also
handled litigation of creditors adversary bankruptcy matters and personal injury cases.
December 1991 - June 1993 Holland & Knight, Fort Lauderdale, Florida
Attorney - Responsible for litigation of commercial and bankruptcy matters. Also handled transfers
of commercial enterprises and real estate. Supervised attorney and paralegal staff of seven.
May 1989 - December 1990 The Coastal Comoration, Miami, Florida
Law Clerk - Research and writing in support of major antitrust litigation. Also involved in
commercial, bankruptcy, admiralty and environmental matters.
,
( Jay 1981- March 1989 Eastern Airlines. Inc., Miami, Florida
Manager - Financial Planning and Analysis - Heading profit, capital and business planning
functions for telecommunications and data processing departments with annual budget of over one
hundred and seventy million dollars. Developed business plan for international telecommunications
operation. Supervised staff of eight financial analysts.
Purchasing Specialist - Contract negotiation and administration for major data processing and
telecommunications equipment and services acquisitions.
Education:
December 1990 J.D. cum laude: University of Miami School of law, Miami, Florida
Managing Editor - Business Law Journal
President Business Law Society
- Member Phi Delta Phi and Real Property law Society
August 1986 M.B.A. - Business Administration: Nova Southeastern University, Ft. Lauderdale,
Florida, with a 3.7114.00 G.P.A..
February 1977 B.B.A. - Business Administration: The George Washington University, Washington, DC
Publications: Comment: "Should the Treble Damages Provision of RICO be Revisited By Congress?," Business
Law Journal, Spring 1990, page 49.
Personal: Director and Member of Finance Committee: United Home Care Services, Inc. 2000-2003.
Member: The United Way Family Support Services Funds Allocation Committee 1993-1997.
Secretary and Director: Davie/Cooper City Chamber of Commerce 1995-1999.
Served on the Military Affairs Committee of the Florida Bar 2004-2006.
Member: The Florida Bar, U.S. District Courts for the Southern and Middle Districts of
( Florida and the United States II <h Circuit Court of Appeals.
,
-- ~_.- "._,-----~
[ GERRY L. CLARK
1371 North Crossing Drive, N.E., Atlanta, Georgia 30329
404.329.9577
(First Tier Law School Graduate - Admitted and
Experienced in Florida & Georgia)
Experience
County Attorney, Large Metropolitan Atlanta County
(2007 - Present)
. Provide legal counsel to County Commissioners, County Manager and
Department Heads
. Responsible for provision ofIegal services to every Department, Authority,
Program and Constitutional Officer of a large urban County Government
. Supervise 23 in-house attorneys, 17 support staff, and multiple outside law firms
. Responsible for total budget approaching $5,000,000 annually
. Broad-spectrum Generalist in all County government issues with strong emphasis
in environmental and land use law
Private Practice, Atlanta, Georgia
(1999 -- 2007)
. Real property closings & transactions
( . General Civil Practice
Acting County Attorney, Deputy County Attorney
Fulton County
Atlanta, Georgia
(1995 -- 1999)
. Negotiate, Draft and Review technology-related contracts and license agreements
for: major enterprise server for $1 billion organization, major $20+ million
software systems acquisitions, telecommunications tower leases and co-locations,
PC & LAN leasing, outsourcing of technology services
. Involved in procurement of all technology needs for large organization
. Responsible for all land use and environmental law activities of the Office
. Real estate, eminent domain, complex litigation and personnel hearings
. Supervision of outside counsel & management of inside attorneys
. Worked with little to no supervision
. Advise County Commissioners, County Manager and Department Heads
Assistant County Attorney
Osceola County
Metro Orlando, Florida
(1992 - 1995)
. In-house generalist handling all legal problems of organization
i . Complex trial, administrative and appellate litigation
- .--._~ ~---
. Ensure organization's compliance with federal and state laws and regulations
I . Negotiate, Draft and Review all general contracts and agreements, including
construction, real estate and developer's agreements
Assistant County Attorney
Lake County
Metro Orlando, Florida
(1989 - 1992)
. Commercial leasing and $100+ million construction projects & contracting
. Complex contracting, transactional, and procurement matters
. Complex trial, administrative and appellate litigation
. In-house generalist handling all legal problems of organization
Private Practice
Orlando, Florida
(1985 - 1989)
. Administrative and regulatory practice
. General Civil Practice and Litigation
Regional Attorney
Florida Department of Health & Rehabilitative Services
Tallahassee & Orlando, Florida
{ (1980 -1985)
, Regulatory & administrative law litigation and practice for largest u.s. state
.
agency (39,000 employees)
. Negotiate, Draft and Review widely varied contracts & agreements
. Personnel, procurement and finance
. Trial and appellate litigation
Education
. Juris Doctor, University of Florida College of Law
Dean's List, Moot Court competition
. Undergraduate study, Emory University
Bachelor of Arts with Honors, University of Florida
Board of Regents Scholar, Sigma Tau Sigma honorary
. Ph.D. study, Florida State University
U.S. Public Health Service Fellowship
I
.. _.._-~ ~-
Licensure
I
. State Bar of Georgia, The Florida Bar (Member, Local Government Law &
Environmental & Land Use Law Sections)
. U.S. Courts of Appeals for 5th & 11th Circuits, U.S. Tax Court, U.S. Supreme
Court
. U.s. District Courts: Northern District of Georgia, Middle & Northern Districts
of Florida
I
:
..- --_.'._,- -_...,~_.. H__
Patricia R. Morton
I
2185 Hawksridge Drive #1103 Residence: 239.213.0474
Naples, Florida 34105 Cell: 239.572.3722
Email: mortonsellalcomcast.net
PROFESSIONAL EXPERIENCE
Grant, Fridkin, Pearson, Athan & Crown, Naples, Florida 3/2006 - present
Law firm: estates, trusts, real estate, litigation, tax.
Currently managing a timeshare/foreclosure matter on contract. I have handled the project
with minimal supervision, allowing the firm to provide a service to a client it could not
otherwise have provided and to collect revenues in the $400,000 range that it would not
otherwise have received.
"Gap" Time
Travel, business and personal activities 7/2005 - 3/2006
Allen Systems Group, Inc., Naples, Florida 12/2000-7/2005
Software development, sales, and service company
( General Counsel
Responsible for property/casualty, workers compensation insurances, intellectual property,
export regulations, compliance, contract issues, outside litigation.
Contract Prepared or reviewed all third-party contracts including vendors, financing and
credit agreements, purchasing agreements. Prepared or reviewed Requests for Proposals
(both as initiator and respondent). Wrote software development agreements, software
licensing agreements - with special attention to liability, damages, and indemnity
requirements. Responsible for international employee agreements, domestic and international
non-compete agreements, confidentiality agreements, sales commission contracts and
schedules, reviewed marketing agreements, reviewed documents pertaining to the company's
participation in local events and charities.
As Corporate Secretary, was responsible for the maintenance of corporate minutes,
resolutions, and records. Reported to the COO and attended weekly Senior Staff meetings.
Insurance Responsible for property/casualty coverage and workers' compensation
insurance. Gathered statistics and prepared renewal documentation for domestic and
international coverage. Handled company's changing risk through communication with
brokers. Initiated and managed a change in brokers, reducing cost by twenty per cent.
Worked with underwriters as to unique aspects of software risk. Worked with insurance
personnel in mergers and acquisitions as to acceptability of risk in potential litigation,
i. employee rights issues, benefits, representation and warranty coverage, insurance tails and
anticipated changes in costs of insurance due to merger/acquisition. Worked to minimize
._~-~_.~_.- . ---
2
double coverage in merger/acquisition in all respects, including intellectual property and
office locations.
(
Company Representative Traveled to domestic and international offices to document
office facilities, employee satisfaction, meet with international counsel, regional office
managers. ASG took me to Paris, St. Albans, Munich, Johannesburg, Sao Paulo, Tokyo,
Shanghai, Hong Kong, Singapore, Beijing, Kuala Lumpur, Sydney, Canberra, and
Melbourne.
Intellectual Property Responsible for maintaining records as to status of patents,
copyrights, trademarks. Prepared and filed for copyrights and trademarks and renewed same
when necessary. Saved cost by doing this work in-house. Worked with development
department and outside patent counsel in preparing patent claims. Managed lawsuits
concerning intellectual property issues; was the liaison between outside counsel and the
company as to strategy, discovery, and settlement issues. Was responsible for intellectual
property due diligence in mergers/acquisitions. Protected marks with cease and desist letters
and further action, if necessary.
Compliance/Regulatory Made sure all offices complied with local and state licenses and
certifications. Wrote the Affirmative Action Program; gathered statistics and updated the
Program yearly. Wrote the Whistleblower Policy, the Purchasing Department Diversity in
vendors program, the Business Ethics Policy (and had it translated into Mandarin), wrote the
GBL policy and developed the compliance procedure. In the software business, there is a
Federal 9508 requirement for disabled computer end users for which I developed the
( compliance procedure. It was my job to monitor the web site for compliance and intellectual
property matters. I signed off monthly on financial documents as to the liability/compliance
oflegal, insurance, and intellectual property. I wrote the Document Retention Program and
developed implementation for the Program.
Manage Outside Litigation Oversaw outside counsel in all cases, primarily intellectual
property, and breach of contract cases. Helped defend an investigation of an acquired
company by the Department of Justice. Attended mediation and arbitration hearings,
representing the company. Found, evaluated and recommended outside counsel. Wrote and
enforced litigation guidelines, status reports; reviewed all billing. The company was willing
to pay for quality work; it was my job to make sure the bills were in line and to have done in-
house as much as possible to keep costs in line.
Human Resources Legal oversaw the Human Resource department to assure that practices
complied with the law, both domestically and internationally. The company handled
employee disputes and lawsuits in-house, as much as possible and worked with panel counsel
when necessary. As ASG is an international company, there was substantial experience with
international employment matters, especially in France and Germany. As
mergers/acquisitions took place, there was substantial integration work required.
Mergers and Acquisitions Traveled with the due diligence team to evaluate risk, insurance,
intellectual property, employee matters, legal matters. Heavily involved in integration in the
human resources, insurance, legal and litigation, intellectual property areas. As the Company
began dealing with U.S. Government contracts due to an acquisition, I set up a wholly-
-- -.-'_..
3
owned subsidiary to handle government contracts. Worked within the company to establish
the correct financial record keeping between the parent and subsidiary company.
,
,
Was available to all departments of the company for opinions, research, and any required
legal services.
Semi "Gap" Time
Provided care, and then represented estate for family member: went Of Counsel with
McKenna to facilitate same; employed with City of Chicago Housing Authority for June -
July 2000; developed interest in corporate law mid-2000.
McKenna Storer Rowe White & Farro!!:.
ChicagolWheatonlWaukegan,IL 1979-2000
Law firm specializing in commercial and tort defense
Equity Partner (1988-2000); Partner (1986-1988); Associate (1979-1986)
Responsible for Finn governance and member of Long Range Planning Committee. Hired.
trained, and mentored associates. Active in client development and firm building. Certified as
Court-appointed arbitrator. Certified as Court-appointed mediator. Experienced with AAA
arbitration and mediation.
. Responsible for cases in both state and federal court. Analyzed cases, drafted
pleadings. and discovery: responsible for pre trial and post trial motions. Prepared
experts, witnesses, parties, for depositions and trial testimony; took and defended
depositions of experts, witnesses and parties. Participated in video depositions and
( video conferencing settlement discussions.
. First- chaired trials in state and federal court. Tried cases involving negligence,
products liability, medical malpractice, Illinois Structural Work Act, Fair Credit
Reporting Act.
George N. Gordon Associates, Chicago, Illinois
Technology, business, litigation 1978-1979
General discovery, research, writing assignments; studied for the Illinois Bar.
PROFESSIONAL LICENSES
Admitted to the Illinois State Bar.
Admitted to the Florida State Bar.
Admitted to the United States District Court, Northern and Central Districts of Illinois.
Admitted to the US Court of Appeals for the Seventh Circuit.
EDUCATION
J.D., University of Illinois, Champaign, IL
M.S., Communications, University of Illinois, Champaign, IL
I B.S., Journalism (Bronze Tablet, top 3 percent), University ofIL, Champaign, IL
--,-'-""-'.'. -_._--
WILLIAM H. NEHRKORN II
I 4315 Metro Parkway, Suite 250
Fort Myers, Florida 33916
239-337-1101
PROFESSIONAL EXPERIENCE:
Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer P.A.
Fort Myers, Florida
Senior Associate 2001 - Present
Litigated cases involving automobile liability, bad faith,
commercial litigation, community association, construction
defects, defamation, insurance coverage disputes, plaintiff s
personal injury, premises liability, products liability,
professional liability (dental, medical, realtor and title
examiner) and toxic torts.
Brought former clients of over 14 years to the firm.
Generated new clients and business for the firm.
(
Speaker at firm Claims Management Seminars.
Author of articles and outlines for the firm's
Claims Management Seminars.
Walther Law Offices, S.c.
Milwaukee, Wisconsin
Associate 1993 - 2001
Handled cases involving auto liability, commercial litigation,
copyright! trademark infringement, defamation, employment
discrimination, environmental superfund representation of
clients before the United States E. P. A. Regions l1I and V,
medical malpractice, motor carrier law, products liability
and toxic torts.
Represented client interests in administrative law, corporate
law, health care law, mergers and acquisitions, real estate,
trusts and estates and workers compensation.
I.
.- ~.~-- ,. ,...--
Generated 100% of all my billable hours and revenue from
( clients that I brought to the fIrm from 1995-2001.
The Heil Co.
Brookfield, Wisconsin
Staff Attorney 1993
Law Clerk 1991 - 1993
Prosecuted and defended cases involving commercial
litigation, copyright/trademark infringement, defamation,
employment discrimination, environmental superfund
representation before the United States E. P.A. Regions ill
and V, motor carrier law, products liability and toxic torts.
Provided legal counseling in administrative law, insurance,
mergers and acquisitions, pension plans and real estate.
Reported directly to corporate officers and directors on
corporate legal matters.
\ State Public Defender's Office
Milwaukee, Wisconsin
Intern 1990
Second chaired cases and assisted staff attorneys with legal
research, drafting of pleadings and oral argument of motions.
Conducted client intake and conferences.
Performed duties for staff investigators including witness
statements, records searches, surveillance and trial testimony.
DISTINCTIONS:
Carncross v. Licalzi , Case No. 03-CA-2210 , 20tb Judicial Circuit,
Fort Myers, Florida, Decided November 16, 2005.
Defended a drunk driver who crossed the centerline of the
roadway and struck a vehicle in which Plaintiff was a
passenger. Plaintiff was thirty-six (36) weeks pregnant.
i Plaintiff claimed aggravation of a pre-existing heart
-..~..,-~". .--.-- "'-"'- '-'---
condition, permanent injuries to her neck and back, inability
I to work and substantial past and future wage losses.
Plaintiff asked for $330,000.00 in compensatory damages
plus an unspecified amount of punitive damages.
A gross verdict of$763.00 was rendered and then reduced
by 25% to $572.25 for Plaintiff's failure to wear a seat belt.
No punitive damages were awarded.
The result of this litigation was published in Verdict Search.
SEMINARS:
"The Anatomy of the Seatbelt Defense-Please Restrain Yourself'
Panel Speaker
Conroy, Simberg, Ganon, Krevans, Abel, Lurvey,
Morrow & Schefer, P. A. Claims Management Seminar,
April 7, 2006 and May 12,2006
\ PUBLICATIONS:
"Field Sobriety Testing of Drivers in Vehicular Crashes... Ethical or Erroneous?
Author
Conroy, Simberg, Ganon, Krevans, Abel, Lurvey,
Morrow & Schefer, P. A. Claims Management Seminar
Handbook 2006.
ADMISSIONS:
Florida
United States District Court for the Middle District of
Florida
All State Courts
! Wisconsin
~._.,..--~ . '.-.. '. "._.~- --~'--'--- ..---
! United States District Court for the Eastern District of
Wisconsin
United States District Court for the Western District of
Wisconsin
All State Courts
United States District Court of Appeals
Seventh Circuit
SOCIAL AFFILIATIONS AND LICENSES:
Florida Real Estate Sales Person's License 1999
Phi Alpha Delta Legal Fraternity 1991
Phi Gamma Delta Fraternity (FIJI) 1985
EDUCATION:
\
Marquette University Law School
Milwaukee, Wisconsin
Juris Doctorate 1993
University of Wisconsin-Madison
Madison, Wisconsin
Bachelor of Science 1989
COMMUNITY SERVICE:
Polo Club of Collier County Fund Raisers
Meals On Wheels Volunteer
REFERENCES:
Available upon request.
^"-'-"-"_.'-~'" -------
DOLORES (LORI) F. TORRIERO
7540 Covington Springs Ct
Westerville, Ohio 43082
(614) 899-9584
joelori@sbcglobal.net
EDUCATION:
Juris Doctor, December, 1994
Admitted, Ohio Bar, May, 1995
Admitted, Florida Bar, December, 1995
The University of Akron School of Law, Akron, OH
Master of Public Administration, August, 1982
Kent State University, College of Business, Kent, OH
Concentration: Personnel, Labor Relations
Bachelor of Arts, May, 1979
State University of New York, College at Oswego, Oswego, NY
Major: Communication Studies
EXPERIENCE:
( Sept., 1998 to Present: Associate, Downes, Hurst & Fishel, Columbus, OH
Provide legal counsel to public and private sector clients, including municipalities,
counties and county agencies, public schools and non-profit agencies. Interpret
state and federal laws relating to government entities including ADA, FMLA, FLSA,
Worker's Compensation, Unemployment Compensation, etc. Litigate labor,
employment, civil rights and general civil cases in state and Federal courts.
Represent clients before the State Personnel Board of Review, State Employment
Relations Board, National Labor Relations Board, Ohio Civil Rights Commission and
Equal Employment Opportunity Commission. Negotiate labor contracts on behalf of
clients. Frequent lecturer and speaker on these and other topics.
Aug., 1995 to Sept., 1998: Human Resources Director, Lake County Board of Mental
Retardation and Developmental Disabilities, Mentor, OH
Ensured compliance with state and federal employment regulations particular to
MRlDD agencies. Investigate and respond to employee harassment complaints.
Member of the negotiating team using Interest Based Bargaining. Implemented
aggressive Worker's Compensation cost containment procedures. Implemented
new benefits package. Initiated training programs for new managers and
employees. Developed and implemented merit pay program for management
employees.
[
-_._,0.-"'-- ~__w.__._~ ~.,-_." _...
LORI F. TORRIERO
Page 2
I
June, 1993 to Aug., 1995: Law Clerk, Law Dept., City of Akron, OH
Researched and wrote motions and briefs for State and Federal courts.
Researched and wrote appellate briefs to the Ohio Court of Appeals, Sixth Circuit
Court of Appeals and the Ohio Supreme Court. Verified cites and edited brief to the
United States Supreme Court. Prepared position statements in response to Ohio
Civil Rights Commission and Equal Employment Opportunity Commission
complaints. Legal research and memoranda on various topics relating to labor and
employment law and other aspects of municipal law.
Jan., 1992 to Feb., 1993: Law Clerk, Child Support Enforcement Agency,
Summit County, OH.
Legal research. Interviewed clients and defendants. Prepared information for
hearings regarding paternity and child support.
Nov., 1988 to June, 1991: Director, Human Resources, City of Canton, OH
Chief negotiator of labor contracts. Established an absenteeism policy. Mid-
contract negotiation of health care cost containment procedures. Generalist
experience including; self-insured health benefits, worker's compensation,
( unemployment compensation, EEO/M, and executive compensation.
Development and implementation of performance appraisal and merit pay program
for non-bargaining unit personnel. Supervised the complete revision of the
management classification plan.
March, 1984 to Nov., 1988: Personnel Administrator, Department of Public Utilities,
Cleveland,OH
Responsible for the implementation and administration of personnel policies for
1,400-employee department. Initiated an Affirmative Action Plan, including
management training. Representative ofthe department in all union related matters
with ten bargaining units. Revision of both department and city policy manuals.
Planning and leading supervisory training for new and potential managers.
May, 1983 to March, 1984: Labor Relations Assistant, Office of the Mayor,
Cleveland, OH
Interpretation and administration of twenty-two union contracts. Investigation and
response to grievances on behalf of the Mayor. Prepared cases for arbitration.
Member of the negotiating committee. Development of management training
programs in labor and employee relations.
References will be made available upon request.
I
.--.---.---."--
H. Larry Vozzo
255 Robineau Road ARCADIS U.S., Inc.
I Syracuse, New York 13207 6723 Towpath Rd., Box 66
(315) 422-5445 Syracuse, New York 13214
esq6723@hotmail.com (315) 671-9133 (office)
(315) 436-1172 (cell phone)
Larry.Vozzo@arcadis-us.com
Summary
In-house counsel with extensive experience in employment law, commercial transactions, lease
and contract drafting and negotiations, litigation management, business ethics and internal
investigations. Designed and implemented training to management and staff in sexual
harassment, discrimination, ethics, confidentiality, and risk management. Licensed to practice law
in New York, Florida and Federal Courts.
Accomplishments
. Successfully defended audits and controversies involving, FLSA, LN.S., F.A.A., N.Y. State
Human Rights Commission, and various state licensing boards
. Designed and implemented finn's first written Code of Ethics and Human Resource Policy
Manual
. Lead on various internal investigations
. Lead litigation counsel in State and Federal Courts, arbitrations and mediations involving
employment law, contracts, leases and construction matters
( . Designed and implemented Sexual Harassment, Discrimination, Risk Management, Business
Ethics and Confidentiality training
. Managed procurement of all corporate insurance needs and kept premiums below industry
averages
. Managed staff of attorneys and human resources professionals
. Member offmn's Quality Assurance Control Team
Professional Experience
ARCADIS U.s., Inc.
January 2007 to Present
Senior Vice President. Senior Counsel. and Assistant Secretarv to a 3,500 person Denver based
engineering fmn with over 120 offices throughout the U.S. and $750 Million in annual revenues.
Responsible for all employment and benefit law matters, health and safety, conflict of interest
clearance, litigation portfolio, and internal investigations
Blasland, Bouck & Lee, Inc.
January 1990 to December 2006
Senior Vice President. General Counsel. and Secretary to a privately owned 950 person
engineering consulting fmn headquartered in Syracuse, N.Y. with annual revenues of $170
Million. As chieflegal officer managed all aspects of the corporation's legal and human resources
I functions. In addition to duties as General Counsel managed the Human Resources Department.
, Member of the Finn's Board of Director's and Executive Committee.
-,-~- ._~,_.__.." ___..n_.
H. Larry Vozzo
I, Onondaga County Attorney's Office
January 1988 to January 1990
Senior Devutv Countv Attornev. Onondafla Countv assigned to lead the Litigation Unit and
served as counsel to the Department of Drainage and Sanitation with responsibility for
preparation, review, an negotiating contracts, investigations, conducting enforcement proceedings
litigating employment and environmental and other matters, advising the County Executive,
County Legislature and the commissioner of Drainage and Sanitation on a variety of matters
including environmental, employment, construction, contract, and municipal law matters.
Onondaga County District Attorney's Office
August 1981 to December 1987
Senior Assistant District Attornev as a Senior Assistant District Attorney assigned to the Felony
Trial Unit with responsibility for prosecuting violent felony offenders (investigations, grand jury
and trial). Other duties included assignment to Appeals Unit with responsibility for drafting and
arguing appellate briefs and motions. Performed administrative and community liaison duties.
Emergency Medical Services Bureau, Onondaga County
November 1976 to August 1981
Director of Emerflencv Medical Services Bureau. Onondafla Countv responsibilities included
coordinating and developing the emergency medical services system in Onondaga County. This
( involved supervision of 3 full-time personnel and 20 part-time instructors, preparation and
administration of annual budget, public and community relations, and training coordination of
ambulance- and hospital-based personnel.
Director, Campaign Activities for Tarky Lombardi, Jr.,
Candidate for New York State Senate
August 1976 to November 1976
Onondaga County Traffic Safety Division
September 1975 to June 1976
Proiect Director assisted in development of computerized Accident and Traffic Records
Analysis System. Supervised the updating and revision of road maps for Onondaga County, and
drafted grant applications.
Legislative Analyst and District Representative to New York
State Senator Tarky Lombardi, Jr.
June 1974 to August 1975
Leflislative Analvst and District Revresentative to New York State Senator Tarkv Lombardi Jr.
researched and drafted proposed legislation, analyzed legislation introduced by other legislators,
responded to constituent inquiries, represented Senator and acted as liaison with various interest
groups, and coordinated the Senator's daily legislative calendar.
_..._~,..._-- . ~-"
H. Larry Vozzo
I New York State Senate
September 1973 to May 1974
Intern as one of five interns selected from New York State universities, assigned to the Office of
the Secretary of the Senate. Duties included research projects and reporting to the Secretary on
the various legislative hearings held in Albany and elsewhere in New York State.
Licenses
Admitted to:
. New York State Bar-June 1981 (License No. 1743103)
. United State District Court, Northern District of New York - Apri11984
. United States Court of Appeals, Second Circuit - April 1986
. United States Supreme Court-January 1989
. Florida Bar - January 1993 (License No. 970409)
. New York State Real Estate Broker's License (License No. 35V00832435)
Education
. J.D.!1980, Syracuse University College of Law
. M.P.A.! Public Administration, 1979, Maxwell School of Citizenship & Public Affairs,
( Syracuse University
. B.A., 1973, State University of New York at Brockport, Magna Cum Laude
Professional Memberships/Community Activities
. American Bar Association (I 990-Present)
. New York Bar Association (1990- Present)
0 Member of the Business, Labor and Employment and Environmental Law
Sections
. Onondaga County Bar Association (1981-Present)
0 Member of Corporate Law Section
. Florida Bar Association (I 993-Present)
0 Member of the Business Labor and Employment and Environmental Law
Sections
. Association of Corporate Counsel (l990-Present)
0 Former Member of the Board and President of the Western and Central New
York Chapter
. American Council of Engineering Companies
0 In-House Counsel Forum
. Onondaga County District Attorney's Advisory Council (l988-Present)
0 Former Member of Board of Directors
. Syracuse Opera Company (1992-Present)
0 Member ofthe Board of Directors
. Literacy Volunteers of Syracuse (1983-1989)
! 0 Former Member of the Board of Directors
-. ,-" ...~-- - --~.,-
H. Larry Vozzo
I Professional Memberships/Community Activities
. Legal Counsel to Mayor-Elect Roy Bernardi Transition Team (1993)
. Onondaga County Resource Recovery Agency (1998-2005)
0 Former Member of the Board of Directors
. Mock Trial Attorney Advisor - Bishop Ludden High School (2004-Present)
. Onondaga County Delegate to the 5th Judicial District Nominating Convention (l993-Present)
. Onondaga County Emergency Medical Services Advisory Board (June 1989 to June 1992)
l
(
"--'-"."__'0 ' ~",_,"--'-'. .__.~
I DOUGLAS s. WEINER, J.D.
855 Whisperwood Lane Aurora, Ohio 44202 330.338.1803 dcstrategic@aol.com
Integrity. Leadership' Vision into Action' Nationwide Operations' Law
Strategic Development . Government Relations . Public-Private Partnerships
Media/Community Relations . Entrepreneurship . Communications . P/L
PROFESSIONAL OVERVIEW
. CEO of national project development firm that envisions, builds and leads
implementation of award-winning initiatives for the U.S. Department of Justice, state
and local governments, corporations, nonprofits and universities
. Director of nationwide (l6-city) strategic planning and operations for the $16 million
U.S. Department of Justice Fugitive Safe Surrender Program
. Chief of one of the nation's largest prosecuting attorney's offices; supervised more
than 300 attorneys and staff; managed budgets over $20 million
. Attorney in good standing in Ohio since 1987
. Inventor: possessor of four U.S. design and utility patents
. On-air television legal analyst for CBS and CNN; radio program host
LEADERSHIP AND PARTNERSHIP
( . Member, Clear Channel Communications Advisory Board
. Steering Committee, Cleveland Browns Amer-I-Can/C.M.S.D. Anti-Gang Project
. Trustee, Cleveland Jewish News Board of Trustees
. Advisor, MWV (Minorities with Vision) Pinnacle Capital Fund
. Governing Board, Cuyahoga County Community-Based Correctional Facility
. Executive Committees, U.S. Attorney's Office Project Safe Neighborhoods
Community Anti-Gang Initiative; U.S. Marshals Service's Gang Reduction,
Education & Training Program; U.S. Attorney's Office Project Safe Neighborhoods
Anti-Gun Violence Initiative (N. District of Ohio)
. Advisor, U.S. District Court's Project Penalty Awareness (N. District of Ohio)
RECENT AWARDS
. U.S. Attorney General's Award for Outstanding Contributions to Community
Partnerships for Public Safety (2006)
. U.S. Marshals Service Citizen of the Year Award (2005)
. U.S. Marshals Service Leadership Beyond Standard Award (2004)
. U.S. Department of Justice Project Safe Neighborhoods National Awards:
Best Comprehensive Strategic Plan (2003)
. Ohio Attorney General's Distinguished Group Achievement Award (2003)
. U.S. Department of Justice Project Safe Neighborhoods National Awards:
Outstanding Task Force (Honorable Mention) (2003)
(
-----. ....~.. ...----,
DOUGLAS S. WINER, J.D.
( PAGE 2
CAREER HISTORY
DC Strategic Partners, LLC June 2002 - Present
Aurora, Ohio
Chief Executive Officer
Leader ofproject development firm that envisions, builds and leads award-winning
initiatives for the u.s. Department of Justice, state and local governments, Fortune 1000
corporations, foundations and universities.
. Directs nationwide (16-city) strategic planning and implementation for
$16 million U.S. Department of Justice Fugitive Safe Surrender Program;
organizes and directs all facets of nationwide operations including public/private
partnership development, media relations, intergovernmental communications, IT,
security and logistics, community outreach and constitutional compliance
. Coordinated government relations efforts on behalf of Clear Channel Outdoor for
the worldwide introduction of their Digital Outdoor Network in northeast Ohio;
worked directly with CEO, division president, and government partners to
successfully link Digital Outdoor Network with AMBER Alert System
. Under contract to the NFL's Cleveland Browns Foundation, directs public/private
partnership development, government/community relations and data
collection/evaluation for the Amer-I-Can Program in northeast Ohio
. Developed more than $5 million in successful foundation, federal grant and
( Congressional earmark proposals for government, nonprofit, corporate and
university clients
. Directed the statewide expansion of the U.S. Department of Justice's Ohio
Internet Crimes Against Children Task Force; successfully broadened law
enforcement partnerships from 4 to 70 counties in 12 months
. Directed the district-wide development ofthe U.S. Marshals Northern Ohio
Violent Fugitive Task Force; personally secured the partnership of the prosecuting
attorneys of Cuyahoga, Summit, Lucas and Mahoning counties; the mayors and
police chiefs of Cleveland, Akron, Toledo and Youngstown; and the Regional
Vice President and Division President of Clear Channel Radio and Outdoor
Cuyahoga County Prosecuting Attorney's Office March 1999 - June 2002
Cleveland, Ohio
Chief of the Criminal Division
Chief of one of the nation's largest prosecuting attorney's offices. Managed $20 million
budget; supervised more than 300 attorneys and staff.
. Directed 24-month operational turnaround: Restructured divisions, streamlined
authority paths, enacted a wide range of productivity-enhancing policies, created
and launched public information department, authored detailed job descriptions,
instituted - and acted on - attorney and staff performance reviews, completed and
implemented results of office-wide salary survey, dramatically boosted minority
r hiring and secured millions of new dollars in grant funding
-- ~--_.,...,..,<--, -
DOUGLAS S. WEINER, J.D.
I PAGE 3
. Directed external communications: maintained weekly, direct contact with Board
of County Commissioners, judicial branch, The Plain Dealer Editorial Board,
television and radio senior executives, legislators, urban faith-based leadership,
federal and local law enforcement leaders, Cleveland Municipal School District,
and Cuyahoga County Mayors & City Managers Association
. Supervised all federal and foundation grant activity, including research, writing
and performance evaluation; directed all facets of implementation of $2 million in
grant programs from the U.S. Department of Justice
. Supervised media relations, crisis communications, community outreach, Internet
presence, annual report preparation, television and radio PSAs development,
speechwriting, and live press conference presentation
. Worked shoulder-to-shoulder with local, national and international television,
radio and print journalists during victorious, four-month Sam Sheppard civil trial
attended daily by more than two dozen reporters from CNN, Court TV, Europe,
Asia and South America
Weiner, Suit & Coury Co., L.P.A. July 1991 - February 1999
Cleveland, Ohio
Attorney and Chief Operations Officer
( COO with P/L responsibility law firm with 5 northeast Ohio offices, 40 attorneys and
staff, and annual revenues between $3-5 million.
. Conducted extensive market analysis and directed acquisition of firm of
comparable size; implemented five-year action plan that resulted in sustained net
profitability increase of 70+% with only 17% increase in expenses
Cuyahoga County Prosecuting Attorney's Office March 1988 - July 1991
Cleveland, Ohio
Special Assignment Unit
Appointed by the Prosecuting Attorney to the elite Special Assignment Unit.
. Directed the grand jury investigation and successful prosecution of numerous high
profile and complex fraud, embezzlement and corruption cases involving public
officials, securities firms and faith-based institutions
EDUCATION
C.W.R.U. School of Law, Cleveland, Ohio: Juris Doctor (1987)
University of Michigan, Ann Arbor, Michigan: Bachelor of Arts, Psychology (1984)
University School, Hunting Valley, Ohio (1980)
I
._"--,-_. ~~___."._._,,",~.__.._ _u...__.
tff7
A ';:4 0 'C? 'i?
To: Collier County Commissioners
From: Andrea Battle Sims
Senior Consultant
Date: February 14,2008
Subject: Status on the County Attorney Search
The interviews have been completed by the selected semifinalists. The pros and cons of
these candidates follow (alphabetized).
Elaine Asaad
UAIG - Office of the General Counsel
Fort Lauderdale, Florida
Since 2005
Former Deputy Bureau Chief, Senior Assistant Attorney General
State of Florida - Office of the Attorney General (Departments of Transportation and
Environmental Protection)
1998 - 2005
Pros
. Strong public and private sector experience. Excellent experience with complex
cases in both sectors, working with sensitive and highly political cases;
. Highly organized and efficient; teaches by example on how to run a case in an
expert fashion;
. Worked in civil, criminal areas, understands the nuances of managing the political
side of matters.
Cons
Expertise is in the courtroom, more than in managing a law office. Although she is
capable of making the transition, the demands of the organization are such that her
learning curve will be during the period in which tough budget and management
decisions are necessary.
Maria Chiaro
City of Miami, Interim City Attorney, Division Chief
Since 1998
Pros
. Proven legal executive and professional in local government, having served in
leadership roles with the Cities of Miami, Naples, and Hollywood;
-_._".~--_...__._" -.'.--- ~.._._,..". -----_.,---
Maria Chiaro
Pros (continued)
. Innovative and creative in seeking opportunities to increase the City's revenues as
well as moving forward with the "hot initiatives", i.e. environmental issues, as
well as in-depth knowledge in working with land use, zoning, code enforcement
matters;
. High energy and enthusiasm, comfortable with being the spokesperson if needed,
but understand role as attorney for the Commissioners. Recognized locally and
regionally for her leadership and legal skills.
Cons
. More recent work has been in more of an urban environment, but her experience
in Miami coupled with her work in Naples and Hollywood are very transferable.
. Left Naples without a contract extension; Hollywood in conjunction with a Mayor
leaving the organization. Learned more political astuteness as a result of her
experiences there, very insightful yet direct evaluation of what she has done right
and how she could have managed her career better.
Garv Glassman
Senior Assistant City Attorney
City of Tampa, Florida
Since 2006
Pros
. Accomplished local government attorney and manager with experience at the city
and county levels. Management and case law experience with land use, growth
management and zoning matters, with extensive direct department support for
comparable areas - Human Resources, Land Use and Zoning, etc.
. Comfortable with getting very involvement in management, at the City Attorney's
office as well in general issues affecting the county and city. Heavily involved in
recruitment, retention and internship issues since his work in private law offices;
. Significant experience advising municipalities through budget cutting processes,
working with Human Resources and Budget Departments in applying in fair and
equitable manner. Addressed the business and equity issues, applying rules for
identifYing persons affected in a non-political manner that will ensure that the
most critical work of the public entity is completed.
Cons
. Management of smaller number of staff in the law offices service, however
addressed larger management issues in the City and County Attorney offices as
well as the greater City and County organizations;
-.. ---. _.__...._.~~.'"--- ---_.~~_._.. "---------
Jeffrev Klatzkow
Chief Assistant County Attorney, managing the satellite office supporting the
Transportation, Code Enforcement, Impact Fee and Affordable Housing Departments,
state legislative matters, all land use matters, the Growth Management Plan and Land
Development Code amendments.
Collier County, Florida
Since 2007, serving as Managing Assistant County Attorney (2006 - 2007), Assistant
County Attorney (2003 - 2006) and Legal Assistant (2002 - 2003)
Pros
. Experienced with Collier County Attorney office, Board of County
Commissioners and Department Directors, working with the most labor intensive
and high profile areas since 2003. Already addressed the rightsizing of the
Horseshoe office from four (4) attorneys and four and a half (4.5) administrative
staff to three (3) attorneys and two (2) administrative personnel. Recognizes
some of the performance issues and understands the need to address prior to deal
with the budget matters;
. Private sector experience included significant management during difficult fiscal
times, including advising and addressing changes in market, severe staff
reductions and advise to the Board of Directors and Senior Management team;
. Comfortable with the variety of boards, commissions, etc. in place in the
community.
Cons
. Familiarity with the existing team will provide both positive and negatives, with
the potential of having to manage former peers, managers, and making the tough
budget and fiscal calls to address the expected budget challenges in the coming
year. No concerns that he is aware of the challenge facing him;
. Candidate's experience in the public sector is limited to Collier County.
Michael Hunt
Deputy County Attorney (Counsel to Economic Development Agency, Purchasing,
Budget as well as serving as the Cable Administrator)
St. John's County
Joined County initially as Assistant County Attorney
Pros
. Extensive experience in two counties and a city in local government law with
special emphasis on contract and regulatory drafting and interpretation;
. Significant experience in the private and public sector in consulting/advising local
governments in cable television, telecommunications and public utilities, rights-
of-way use and management; Strong mentor of junior staff, serves as a highly
communicative team member and advocate for staff and client organizations.
.
.._._~,.'_'__M_" .,^,.,,,- - -,.~- -..., -.--
Michael Hunt
Pros (continued)
. Familiar with handling budget challenges, fiscal emergencies in several Florida
jurisdictions.
Cons
. Managed smaller staffs in the public sector; compensates with the private sector
profit and loss experience with the consulting and telecommunications firms;
. Expertise in fields not as critical for Collier County will call for heavier reliance
on existing staff with the significant growth management, land use, etc. caseload.
Julia Lee
Supervisory Trial Attorney, Equal Employment Opportunities Commission
Birmingham, Alabama
Since 2006
Pros
. Extensive public sector legal management experience as a Department Counsel,
as part of the District of Columbia's General Counsel's office as well as for
individual agencies. Significant litigation and management experience in all areas
of law, with the reputation working hard and developing a team that is highly
responsive and effective in meeting the needs of the organizations' served.
. Change management and strong customer service orientation, working with the
staff to offer direct management and training as well as coaching to provide
optimal service. Comfortable with being a hands-on litigator as well as leading
the efforts of the law office;
. Land use, discrimination, code enforcement and zoning experience with the
District of Columbia and the Bureau of Regulatory Affairs. Worked through the
investigation of allegations of misdeeds, where the guilty parties were managed
out of the organization, leaving the existing team intact;
. Diverse experience demonstrating the ability to quickly come in and learn the
critical matters associated with the organizations she has been a part.
Cons
. Accustomed to coming to more dysfunctional organizations and turning them
around; the challenges in Collier County are not to the level she has dealt with the
past.
. Will have to take the Florida bar, she is comfortable with having to do this, but
will have this to complete during the transition period while addressing budget
and other critical matters.
--_._~.,._.~_._-_..- -'-~~-;~~---'-" -------.--...---
John Turner
Assistant County Attorney, Lee County
Lee County, Florida
Since 1991
Pros
. Extensive trial and litigation in both the public and private sector. Caseload at
Lee County has focused on eminent domain, contract and commercial litigation as
well as land use, zoning and environmental issues;
. Proven experience in mentoring and coaching others in improving their legal
skills and expertise at Lee County and in private law firms;
. Engaged and interested in making a long-term commitment to the next
organization served.
Cons
. Less direct management of attorneys than others, but current role gives insight
into the running of this law office. Has been mentored by excellent County
Attorneys and has experience the transition with a new County Attorney joining
an existing team;
. Current high level of job satisfaction may dissuade this candidate from moving
forward if directly competing with the current County Attorney. Uncomfortable
with the idea of coming into an environment where there is the expectation for
significant management change with the exception of those required by budgetary
restraints.
David Weigel
Current Collier County Attorney
Since 1995
With Office since 1985 serving as an Assistant County Attorney (1985 ~ 1988), then
Chief Assistant Attorney (1988 - 1995)
Pros
. Proven experience in the County Attorney's office since 1985, with experience
managing the office, handling cases through the extensive growth the county has
experienced;
. Expert in the Sunshine Law, issues of land use and environmental law as well as
other local government matters;
. Active in the state and regional law associations.
Cons
. With the vote to non-renew his contract, Candidate has not offered insight in this
recruitment process as to how he would manage the office differently ifhe were
to be reappointed.
._-----_._~.. "..-.<--.-. --.--- --
The semifinalists are excellent, with many abilities that would serve the County well.
The following candidates are recommended to move forward as finalists:
1. Maria Chiaro, City of Miami
2. Jeff Klatskow, Collier County
3. Gary Glassman, City of Tampa
4. John Turner, Lee County
In addition, I'd like to recommend that Thomas Spencer, from Pinellas County be added
as an additional semifinalist. The technical problem that prevented him from
sending/receiving his questionnaire does not diminish his management experience with
both Pinellas and Lee County. To do this, I would have to have his interview take place
immediately following this meeting and send a special note for your action in order to
have him added to the finalist list. This would have to be handled remotely; if not,
recommend moving forward with the named four candidates.
I am enclosing a document prepared by our office regarding considerations in handling a
Final Interview Process. Respecting the public nature of the proceedings in Collier
County, I'd like to recommend the following:
. Interviews take place on Wednesday, March 26, 2008, with 1 hour interviews
scheduled for each of the finalists;
. An early morning meet and greet with the candidates and the Commissioners,
County Manager to allow for the initial introductions in a non-threatening
manner;
. A welcome and/or introductory session with the President ofthe County
Commissioners and/or County Manager giving an overview of the County
Attorney's office and sharing the interest in having an open and fair interview
process. An overview of the County Attorney's office can be presented by the
Managing Assistant County Attorney and Office Manager. I will be able to share
information on the final recruitment process, and handle any logistical details in
conjunction with Sue Filson.
. Despite the "Sunshine Laws", ask the candidates to not sit in on each other's
interviews as a professional courtesy. Because of the timing of the interviews, if
it unrealistic to assume that their use of television monitors, computer access, etc.
of the others interviews can be effectively managed. For those candidates that
listen to each others' interviews, they'll run the risk of addressing each other's
responses instead of the questions that are being asked of them by the
Commissioners, and they will have to deal with the consequences of this action as
a result of the evaluator process. Candidates can draw numbers, etc. to determine
timing of interviews;
. A core of questions will be developed for your use. In addition, specific targeted
interview questions from their management assessment will be given as options
for your use.
. At the end ofthe 5 interviews, I typically facilitate a discussion of the pros and
cons of each of the candidates for use in determining the final one or two
-'-'~'.,_'- ~... '... -_..~---
candidates for further consideration. I will defer to you for a preference in the
coming to a conclusion of your decision-making on the candidates.
I have been scheduled for the meeting on Tuesday, February 26 at 10 a.m. Please let Ms.
Filson know if you'd like me to schedule time for further discussions on these materials
so that I can arrange my flights accordingly.
-.-._-~ "-,---- ---_.,,-----
( Elaine Asad 2/14/08 3 p.m.
COLLIER COUNTY ATTORNEY SEARCH
Video Interview Questions
I. Describe the elements of your experience and professional training that make you the best and most
qualified individual to become (remain) the Collier County Attorney. What distinguisbes you as the
best candidate?
Besides education, grad of Drake U, also has 25 years experience as a litigation and trial attorney.
Worked as an Assistant District Attorney in Wisconsin, also worked as a Senior Assistant Attorney
General in the state. Entrepreneurial background, able to handle the job responsibility for the county
attorney.
2. What special programs or resources would you suggest the County investigate to enhance
departmental activities?
( Don't know the specific workings. Her experience, establishes well-defmed areas that people are
responsibility for. Team leaders, in charge of sections. Important to have systems in place to track
work being done, procedural or statutory requirements. Also need a good communication between
staff and the county attorney.
3. What do you feel the primary role of the County Attorney should be, relative to the County
Commissioners? The County Manager? Department Directors?
Primary and legal authority for the county. Position is to !,'lJide/direc1!lead the BCC in their decision-
making. Not tell what to do, but how to look at various issues, look at alternative courses of action.
Let them know what the law is. Responsibility is to them, BCC's responsibility is to the organization
expects her direction from the BCe. Provide dept directors with direction, internal workings of the
county attorney's office. Want staff to report to her, any critical issues being addressed. Something
comes up in a hearing, meeting, report to her. Give some autonomy to those entrusted to do the daily
work, especially highly sensitive political issues.
4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100
days?
Meet with the previous county attorney, staff, personnel issues, important issues that are before them.
Inner workings before the county attorney's office. Meet with the BCC, their priorities, most
important items on the agenda, hot topics, and problems. Own reading, newspaper articles, items
before the county. Worked with some of the directors, Clerk's office, some of the judges, familiar
with some of the personnel. Make a list of what she sees, major issues, begin to work on those.
( 5. Describe your ability and experience in handling sensitive political issues and problems. Use specific
examples.
_'_~_<~~'.___'m.~ ,--,"---- -<,. -,',--- -'-~--
Asad Interview - Video
Collier County Attorney Search
Page 2 of6
( Everglades restoration project, during one of the years, Governor Bush was up for reelection. Not a
high point for a campaign. Involved in taking land, the Indian tribe. Worked with the Chief of Staff
of the Attorney General's office, he in turn with the Governor's office, coordinating when persons
would be served. Responded carefully to newspapers reporters, questions. i.e., sued serving the
Indian tribe, couldn't do so until after the election. Taking land from people, listen to the concerns of
the public. Let them air their views and concerns. Had a role to play, job to do, make sure all views
were heard. Allay their fears, not take the land and hand over to a private developer.
6. Describe the single most significant case that you have handled for your organization. What was the
disposition of the case? At what level was it appealed? What was the net operating outcome to your
organization?
See above.
Job changes
District Attorney's office in Wisconsin - left - married moved to NYc. Went to work for Risk
Enterprise Management, handled malpractice cases, ranging from few thousand to multimillion
exposure. Resolution Trust org; handle the savings and loans crisis. After had children, wanted less
hectic lifestyle, moved to Fl. Left Attorney General's office, work was funded for further eminent
domain practices.
( 7. Describe your management style or the style that suits your best. Have you ever had to manage
during a budget reduction? What reductions have you personally had to manage? How did you
determine the persons affected in your office? How did you advise the Human Resources
organization and Budget Office in handling throughout the organization?
Autocratic, but democratic in getting input from others. Have people in place that she trusts; expect
them to do the work. B/c they are doing the daily work, rely on them to give her the best info. Do
her own work, research; she's the ultimate decision-maker, comfortable with that role.
With the AG Office, budget restraints, dealt with through attrition, not rehiring when attrition
occurred.
No experience with layoffs, worked with HR with disgruntled employees.
8. What specific areas of local government law do you consider to be your primary strengths?
Weaknesses?
8 years land use, eminent domain, some zoning. Sovereign immunity, suing Miami School board,
Dade County, etc.
Ethics, contlict of interest matters, public and financial disclosure, Sunshine Law and full disclosure.
9. Describe your role in establishing your organization's philosophy on matters of labor law, land use,
environmental issues, litigation and appeals.
(
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Asad Interview - Video
Collier County Attorney Search
Page 3 of6
( She handled the cases once they came into her office. She and the Clerk of Court's Office, Court
Admin, and staff. Her boss left her to manage her caseload; he didn't handle any of them. They
collaborated on the Miccosukee Indian Tribe. Worked with the Office of Environmental Protection.
Procedures - who, when, including how much paid was left up to her. Told what the budget was, had
discretion of what to do. If someone wanted a very high cost, she could negotiate it down.
External Counsel wasn't used at AG office. Lots of experience in NYC with malpractice cases.
Handled outside counsel nationally, vetted them, and gave them certain cases. They did the day-to-
day litigation, determination of risk, assessing of what should be paid, was her paid, and was her call
with the exec community. Monitoring how they litigate cases, reviewing their billing, working with
them, look at whether they should settle or not.
10. How do you manage the timeliness of your offices work? How do you gauge what other Department
Directors/County Commissioners feel about the quality of your office's work?
Litigation, time constraints, deadlines. Systems in place, follow-up on the hearing, filing briefs, give
recommendations. Computer systems in place, put in deadlines, expect staff to do the same. Want
info from her staffto review before output.
Always well prepared, jury trial attorney - anticipate the issues, arguments against you. Critical with
BCC, want her to be well-versed, anticipate the problems, come girded to address issues. Anyone
you talk to, she is a very disciplined, motivated, accurate attorney.
( II. What innovative or special programs has your organization created? What legal challenges have been
mounted toward these programs? Put systems for checks and balances, i.e., dealing with 1800
parcels, several hundred defendants, have a way to track that. Put systems in place to track
defendants, track by lawsuit number, defendant, 55K acres ofland, where they were with each acre of
land. Figure out in a matter of moments, where things were.
Logical process for integrating files into the system, serving the defendant, defending the property.
12. On what major projects or cases are you now working? What is/are the disposition of the
cases/issues.
13. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy
on the use of outside counsel? What policies or procedures have been established to regulate the use
of outside counsel? See above
14. To what degree are you called upon by your organization to meet with outside organizations such as
developers, commercial associations, etc.? What significant items have caused you to be utilized in
thaUthose instance(s)?
No, do believe that she was only in the eminent domain sphere in I year, bodes well with her ability
to work state govt agencies as well as the public. Most relevant with the AG office. Very diplomatic
when meeting with adversaries, not in lock step with what they are attempting to accomplish.
IS. Describe your involvement in personnel related matters: EEO issues; labor relations activities; and
separate Civil Rights matters (police related)!
(
_M.,__._.__._._.o..~.___._ ,_._,~_.,~ __"_'m_ .'.....--...-.-
Asad Interview - Video
Collier County Attorney Search
Page 4 of6
( 16. What, in your opinion, will be the major legal challenges facing today's local government legal
offices? How do these conditions apply to your organization? How might they apply to the Collier
County?
Suffering budgetary issues, shortfall. Work that she has done, makes her well-suited to handle those
problems. How to better the roads, schools, and teacher's pay with these constraints. What type of
financial vehicles can keep the county running well. Those are the type of questions, other minor
issues (relatively), thinking eveI)' county these days.
17. Are there new trends, programs or philosophies within local government law that you would like to
explore or utilize? Please describe.
18. What is your degree of interest in the job of County Attorney? Go into a new job, when new kid on
block, people look at skeptically, want to be a smooth transition. Know that there will be a smooth
transition. Excited, skills and abilities, to bring all together in one position. She would want support;
understand a learning curve, transitional period, supportive of her during that period. Fast learner,
assess vel)' quickly, when ajul)' trial attorney, have to do so. Warm environment, work with her to
ID what is important is. Expect to treated fair salary based on experience.
Know that the County Attorney has been there a while, knows a new fresh view can be healthy, bring
a new and fresh outlook. Bring years of experience, private and public experience. Entrepreneurial
background, work with tight budget. Small biz in the family, well aware of that. Public and whole
wealth of experience in various sections of the community that someone else may not bring.
( 19. What are your salary expectations for this position? See above.
20. If you were be selected as the next County Attorney, what would be your availability? Are there any
other searches you are involved in that will be coming to a decision before the end of March?
Minimum of2 weeks, more like a month.
Due Diligence Questions
21. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the performance of
duties? If so, explain the circumstances. N
22. Have you ever been investigated or censored by a grand jury, board of inquil)' or similar body? If so,
explain the circumstances. N
23. Have you ever been subject to disciplinary suspension or probation in your adult working career? If
so, explain the circumstances. N
24. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N
(
..-_.--- '-.---,,,.-." --'---'--
Asad Interview - Video
Collier County Attorney Search
Page5of6
~ ~
( 25. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out-
of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits,
or allegations of wrongdoing where your personal actions were the cause of a lawsuit.) N
26. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was
the outcome of these allegations? N
27. Is there any reason why you could not fully perform the duties ofthis specific position? N
After an offer of employment are you willing to undergo a pre-employment physical if one were
required? After an offer of employment are you willing to undergo a pre-employment or random drug
screening test if one were required? Are you willing to submit to testing by an organizationaVindustrial
psychologist or management testing firm to determine fitness for duty? Y
28. Have there been any accusations or charges made against you based on conflicts of interest, improper
behavior or misuse of funds or equipment, or major violations of agency or company policy?
(Conduct that is clearly prejudicial to the good order or discipline of your current or past
agencies/companies) N
29. Have you ever been convicted of a felony offense? N
(
30. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent
you from being bonded or placed in a position of public trust with fiduciary responsibilities? N
3 I. Are there any special interest groups, citizens, employee groups, collective bargaining groups! unions
or media organizations with which you have had adverse dealings? Would any of these groups be
prone to discredit your candidacy if your dealings with them were to come to public light? N
32. Is there anything in your background that could be construed as potentially embarrassing, unusual,
controversial or disqualifYing in nature to a public or non-profit sector employer regarding your past
employment status or personal conduct? This would include behaviors, habits or practices that might
disqualifY you from consideration for this position. N
33. Is there anything about you that could be potentially embarrassing or disruptive to the candidate
evaluation process if it were learned at a later time? It is imperative that we hear this information
from you now, rather than from an outside source or a negative reference. N
You do understand that via your affirmative or negative responses, as the case may be, you are declaring
( that you are free from any past practices, behaviors, legal encounters or actions that would tend to
disqualifY you, or inhibit further consideration of your candidacy. If information is omitted now and
-'.- --_.- ""','--- - ~._~._...- , --.,-.-...- -,.,----
Asad Interview - Video
Collier County Attorney Search
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(
learned later with regard to these questions, your status as a candidate could be immediately terminated or
relinquished.
Next steps:
Recommendation of the fmal 5 to the Commissioners on 2/26. With their approval, candidates will be
notified that day via telephone and background checks will begin.
In-person interviews will take place on 3/11 or 3/25 at Collier County. The interviews will be public;
each candidate will be ushered into a private room during the others' interviews. Ifthis isn't possible, lots
will be drawn to select the order that candidates are interviewed.
If contacted by the media, you may discuss your candidacy, advise not to discuss any other issues
associated with the search.
Any questions?
(
,
\.. '.
__._____"n~...__..~_.__.. _ --'."-'-'-
Maria Chiaro 2/4/08 8:30 a.m.
COLLIER COUNTY ATTORNEY SEARCH
Video Interview Questions
1. Describe the elements of your experience and professional training that make you the best and most
qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the
best candidate?
Candidate has been following Collier County for a long time, knew that when David was hired in '95
there wasn't an external process, with them promoting from in-house.
Her experience with land use issues and the tax issues with Tallahassee, blend with her experience in
the municipalities will service County well. Creative things - financings, administration with the
City of Miami. Parking surcharge ordinance, wholly developed for Miami, fin vehicle for a locale.
Went to the State leg to amend the statute to put mechanism in place, where cities could impose a fee
to substitute for ad valorem tax. The specifics aren't as important, as the creativity, in working with
admin. She believes in a team approach, that's the kind of thing the county needs. One element of
why she's a good fit. She has maintained her house in Naples, comes back every weekend. Loves
living in Collier County.
Her contract wasn't renewed in Naples. She came there to take care of significant land use issues.
She was brought as their 1" in-house attorney; they have not had one since. Maria learned from
experience, recognizes there was a bit of a personality disagreement between she and the then city
manager. She learned from experience, would have handled differently in hindsight. Time for them
not to have a FT attorney.
Hollywood, left in a uproar of a political change. Came on a 3-2 vote, left on a 3-2 vote. Mayor was
defeated based on a controversy based on a purchase of an arts community center; ultimately it was
purchased, is functional, but contributed to her leaving there.
Went immediately to set up the land use and litigation dept in Miami, helped someone with no
political experience make the City's law office effective. She did a bit of private legal work in Collier
County, gave her a real feel for the entire county. Naples does not reflect all of Collier County, now
more aware of how the different cultures and the diverse communities need to react.
2. What special programs or resources would you suggest the County investigate to enhance
departmental activities?
Not familiar with the legal dept, just general reputation. She believes that law depts. need to have
quantifiable time management system. If not ProLaw, need another, measure the kinds of services
provided.
Governmental law dept - need to be tech savvy, she's a computer geek, find that there is big
difference in the tech skills. Really important to use the tech that is availability. Guessing there is
some pretty sophisticated systems availability.
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Chiaro Interview - Video
Collier County Attorney Search
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Wants law dept to be interactive with the other depts. In Miami, she is pursuing having the
computers in code enforcement talk to law dept, talk to finance dept, need to have these interfaces,
one packet looking at liens, citing properties.
Pays attention to how commissioners interact with each other, don't know specifics. Bring her
experience to it; reach a plan, conclusion and a goal.
3. What do you feel the primary role of the County Attorney should be, relative to the County
Commissioners? The County Manager? Department Directors?
Firm belief, county attorney's office and attorney need to be the lawyers that would hire ifthey didn't
have to use the county attorney's office. Value added to the office; understand the commissioners
being the policy-makers. Need input from lawyer, legal advice and counsel. 24 x 7, answer nuances
of their questions - commissioners, county manager, directors. Close working relationships. Need to
know they have the best free lawyer they can use all of the time, make their decisions the best that
they can be.
4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100
days?
In office, all the time, spend the first 2 weeks listening, finding out what's going on, listening to staff,
department directors, and commissioners; continues this throughout her time as the County Attorney.
Trying to find out from the commissioners, what they wanted from the county attorney, their plan, what
they envision, and any deficiencies. Respectful of institutional knowledge, so different, can take the
institutional knowledge, and bring a creativity that blends the function to make it reach the goals of the
persons that are there. Help them with their goals. Share what they can get from the county attorney's
office, should expect this or that, etc. Developing a short-term for the year, long-term for 3-5 years.
5. Describe your ability and experience in handling sensitive political issues and problems. Use specific
examples.
Interpersonal interactions among the board members, attorney for the government, get to hear about.
Individual member has an ethics complaint, criminal investigation, recommend they get another
attorney, a savvy that one develops with experience, draw the line between representation the County
and the individual commissioner. Have a keen compass, when to refer to their private attorneys.
Impacted every government, advising the individual commissioner as compared to advising the
commission of the whole. Has the wisdom to know when they take place. Develop with experience.
6. Describe the single most significant case that you have handled for your organization. What was the
disposition of the case? At what level was it appealed? What was the net operating outcome to your
organization?
Parking surcharge ordinance. $15 mm recurring revenue to the City. Challenged and appealed once
to the Supreme County of Fl, then the District Court on 3 different occasions. Statute amended 2,
referendum to keep in place. Her involvement from drafting of statute, ordinance, took 8 yrs,
significant litigation, significant impact, long-lasting impact. When she went to City of Miami, they
were under financial watch from the state. When the City reaches certain level of fiscal crisis, board
taken off the financial watch 2 years after she came. Part of the financial health improvement
included this ordinance. Change in tax laws, will impact everyone. Will have tremendous change.
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Chiaro Interview - Video
Collier County Attorney Search
Page 3 of?
7. Describe your management style or the style that suits your best. Have you ever had to manage
during a budget reduction? What reductions have you personally had to manage? How did you
determine the persons affected in your office? How did you advise the Human Resources
organization and Budget Office in handling throughout the organization?
Hands-on. Now has 26 attorneys, virtue of being one of leaders in the office. Like to know what's
going on in the office. Not a micro-mgr, want to respect/know what they are doing. Smaller office
suits her better than the large one.
Style - hands-on. People that work for her like her; don't think she's a pussycat. Demand that they
do the best that they can do. Attorneys need to write clearly, communicate clearly - if they can't,
she'll help/coach them. Commissioners have to be able to understand what's given to them. Don't
believe in a lot of legalese - write so one can get the idea from the I" paragraph. She has 2
journalism degrees, helps her edit/coach in writing skills.
When she has positions cut, various ways to deal with. Tried a couple things in Miami - intern
programs - resource of mentoring - from law schools, i.e. A va Maria. For specific issues, use
contract attorneys, bring on for specific issue, limited period of time. Outside counsel has its role,
negotiate those fees, do the RFP/Q for the best resource. Lawyers in local government can be "fat";
sometimes you have too much lawyering, need to take a critical look at the office. Care that the law
depts. aren't serving in functions that dept directors should be handling - recognize the lines between
lawyering, advising and counsel.
Never been faced with layoffs - always been some flexibility in filling positions.
Terminations - operating one's own practice out of the law dept. Hollywood, 5 positions in her
office, every one applied to be CA. 2 quit when she was appointed, she had to let one go that
couldn't adjust to Maria and the new mayor's plan for the organization. Attorney didn't fit with the
new culture and the plan.
Miami - II employees were operating a plans advice company on their computers on city computers
during the worktime. As this was uncovered, some were able to retire, vested in the pension plan,
others were new employees. Arrest made in the city admin offices. Human Resources needed to get
out all letters - varying elements of rights, direction the day after the discovery was made. Maria
advised HR daily on how to manage. Labor and employment attorney in her office, but she had more
of advisor - her discretion, advisor, working directly with the Chief of Police, etc. Day-to-day issues,
handled discretely with department directors. Lower levels handled by employee relations. When it
comes to advise that requires quick hands-on, what's in charter, code, they come to her. Going to use
the employee relations director, very experienced person came from the private sector, prof growth
and what she offers human resources
8. What specific areas of local government law do you consider to be your primary strengths?
Weaknesses?
Sense of judgment of experience, some from doing things right, seeing what you would do
differently. So many things are new and exciting in local govt. Land mass, current mgr and leaders,
needs a county attorney who brings a lot of experience, has the energy to keep up.
9. How do you manage the timeliness of your offices work? How do you gauge what other Department
Directors/County Commissioners feel about the quality of your office's work?
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Collier County Attorney Search
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Commissioners/Dept Directors - very vocal re how they feel re her work. Essential issue - has to be
able to say they did a great job, need to be able to say all the time. May not want to put in writing.
Need for them to communicate with her, quality of the work they are getting. The way she controls
the timeliness ~ many of the requests come in writing - try to get in writing - ask for a date for the
response. Acknowledge the receipt, due dates, report dates, rigid tracking system on how they go
in/come out. Oral requests - 30 - 40% of her practice, keep track of them via computer, good
memory, immediately - get them done.
Talk to commissioners daily, needs to be a fonnal feedback system. Not easily developed, esp when
just starting out. Don't claim to be an expert, believe it's essential. Wants to know how the clients
think they are doing. Like to put in place, haven't done so but would look to use some of the systems
that they private law firms use, know that they are out there.
ProLaw has tracking reports; don't put out lots of paper, still put out to much. Not in sync, doesn't
mesh with the city's evaluation system, would want a system that can be parallel with the depts.
Know the offices are separate, but it is part of an overall function. Corp law dept is not the same,
needs to be meshed.
10. What innovative or special programs has your organization created? What legal challenges have been
mounted toward these programs?
See above
I I. On what major projects or cases are you now working? What is/are the disposition of the
cases/issues?
Agreement with Major League Baseball, Major League Soccer, Miami-Dade to put a facility on the
current Orange Bowl - 15 attorneys, land use and general issues. Chief lawyer - transaction attorney
in her office, should come to the City and County Commissions in the next 3 weeks.
Complete revamp of the zoning code for the City. Fonn based code, cutting edge for zoning codes-
just a few which have in place, Miami would be the largest. Will bring to the city commission in
March or April. May put code in place, then map later. Really amazing, cutting edge. Change the
ways Miami looks for the next 100 years.
Creation of a civilian investigation panel - created by charter amendment, then an ordinance that she
created. In effect for 4 years, having hiccups in application - offering input on these. I.e. ability of
this panel to question the Police Chief, whether it was meant to interrogate vs. advise the chief.
Validity of the subpoena power that was set forth in the charter amendment, whether it was valid,
whether a ref can offer this to the panel.
Little stuff, doesn't make news.
12. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy
on the use of outside counsel? What policies or procedures have been established to regulate the use
of outside counsel?
Philosophy - don't have expertise in-house, try to develop the expertise, attach someone to work in
tandem, some use as a mere guide. i.e. eminent domain, had the attorneys attached/monitoring to this
file, ultimately able to do so. Or a conflict/potential conflict - named defendants, have to use.
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Collier County Attorney Search
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Contlict - city commissioner - sued by former city commissioner - challenging the right to hold the
seat he is holding. Risk mgmt has own budget for this also.
Way she budgets - set aside - don't spend more than $4500 w/o going to the City Commission, w/o
doing a plan to use this.
13. To what degree are you called upon by your organization to meet with outside organizations such as
developers, commercial associations, etc.? What significant items have caused you to be utilized in
that/those instance( s)?
Developers - land use issues - discuss with staff, universally - they bring their attorney, her clients have
developed a pattern to have her present with their attorney. Depends on the issue, Miami 21 - routine
meetings - homeowners groups, new zoning code, part ofteam, civilian investigation panel - didn't have
an admin person, direction from the commission to the law dept, she ran the meetings with the grass use
committees, meet with for particular issues.
14. What, in your opinion, will be the major legal challenges facing today's local government legal
offices? How do these conditions apply to your organization? How might they apply to the Collier
County?
See above
15. Are there new trends, programs or philosophies within local government law that you would like to
explore or utilize? Please describe.
See above
16. What is your degree of interest in the job of County Attorney?
Enthusiasm for her is needed. She has a great job, passionate for what she does. Would not want to
give that up for a lukewarm attraction to her. Would not take a position on a 3-2 vote. Very
interested in this, house in Naples, would love to work and live in the same place, delighted to stay in
Miami. Don't mind the drive back and forth.
17. What are your salary expectations for this position?
Higher end of salary range, bearing in mind different place, different COLA, expect to get the highest
salary possible. Don't do this for money, love what she does, knows she could make more in private
practice, doesn't give her the same satisfaction.
18. If you were be selected as the next County Attorney, what would be your availability? Are there any
other searches you are involved in that will be coming to a decision before the end of March?
Prob 30 days at least, could detach within that period of time.
Due Diligence Questions
19. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the performance of
duties? If so, explain the circumstances.
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Collier County Attorney Search
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While with City of Hollywood - case was dismissed immediately. Husband looked at a piece of
property for his institution to purchase from the CRDC, citizen filed an ethics complaint. No basis of
violation in ethics.
20. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so,
explain the circumstances. N
21. Have you ever been subject to disciplinary suspension or probation in your adult working career? If
so, explain the circumstances. N
22. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N
23. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out-
of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits,
or allegations of wrongdoing where your personal actions were the cause of a lawsuit.)
Sunshine law complaint - lower court finding of guilt - ultimately found not guilty. Advised the Mayor
of the applicability of the sunshine law - various members of the community - told her what the law was,
couldn't have more than 2 members of any board presence. She was summoned to the meeting, answered
questions, left. Citizen/colleague filed complaint. State attorney investigated, bench trial, finding that the
law was violated. Appeal, overturned with a statement that it was not subject; she had only given legal
advice, not subject to a change. This was in Hollywood.
24. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was
the outcome of these allegations? N
25. Is there any reason why you could not fully perform the duties of this specific position? N
26. After an offer of employment are you willing to undergo a pre-employment physical if one were
required? After an offer of employment are you willing to undergo a pre-employment or random
drug screening test if one were required? Are you willing to submit to testing by an
organizational/industrial psychologist or management testing firm to determine fitness for duty? y
27. Have there been any accusations or charges made against you based on conflicts of interest, improper
behavior or misuse of funds or equipment, or major violations of agency or company policy?
(Conduct that is clearly prejudicial to the good order or discipline of your current or past
agencies/companies) N
28. Have you ever been convicted of a felony offense? N
29. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent
you from being bonded or placed in a position of public trust with fiduciary responsibilities? N
30. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions
or media organizations with which you have had adverse dealings? Would any of these groups be
prone to discredit your candidacy if your dealings with them were to come to public light? N
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Collier County Attorney Search
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31. Is there anything in your background that could be construed as potentially embarrassing, unusual,
controversial or disqualifYing in nature to a public or non-profit sector employer regarding your past
employment status or personal conduct? This would include behaviors, habits or practices that might
disqualifY you from consideration for this position. N
32. Is there anything about you that could be potentially embarrassing or disruptive to the candidate
evaluation process if it were learned at a later time? It is imperative that we hear this information
from you now, rather than from an outside source or a negative reference. N
You do understand that via your affirmative or negative responses, as the case may be, you are declaring
that you are free from any past practices, behaviors, legal encounters or actions that would tend to
disqualifY you, or inhibit further consideration of your candidacy. If information is omitted now and
learned later with regard to these questions, your status as a candidate could be immediately terminated or
relinquished.
Next steps:
Recommendation of the final 5 to the Commissioners on 2/26.
Additional Candidate note: Commissioners and County Manager discussion I-I, important to her. How
likely that will current attorney will apply? Very interested in this position, it is somewhat serendipitous.
Expected to stay for 10 years with the City of Miami for 10 years- that will be in May of this year.
-. .-.,- _..._- "-
Gary Glassman 2/4/08 II :30 a.m.
COLLIER COUNTY ATTORNEY SEARCH
Video Interview Questions
I. Describe the elements of your experience and professional training that make you the best and most
qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the
best candidate?
Orange County - ACA - started as an assistant almost 7 years ago. Started doing litigation.
Interesting cases, involved a rabbi that wanted to conduct religious services out of his home, zoned
for residential. High profile, interesting and important cases. Humor - interesting use. Still going
on. Moved onto other areas - constitutional - l;t amendment, religious freedom, don't see in private
practice. Got him very excited, wasn't just pigeon-holed into one area. Enjoyable, liked the work.
Divided into 2 sections - transaction and the litigation side. Rarely got opportunity to get onto the
transactional side, pushed to do so. Did as much to get involved in other areas, wlo antagonizing the
other size. Learned a lot, enjoyed it. In conjunction - management side - involve in the internship
program - selecting, mentoring them through the process, working with them. Worked with the
younger attorneys, mentoring in their cases. County's risk management committee - volunteered to
be on the job, saw how cases handled, worked with other depts. - fire, corrections, risk mgmt, budget,
all had reps on this committee. Management side, realized that if he wanted to go further, necessary
to leave Orange County wasn't upward mobility availability. Looking for someone at the city of
Tampa, not just an assistant, also involve some mgmt type of work. Opportunity to continue what he
was doing, management side, learn how to run an office. Applied for the position, got it.
In addition to litigation, working with attorneys, management side - leadership team - made up of
senior attorneys - all type of issues - budget cuts, how to react to that, how to implement, how it will
affect how they provide services to the city. Nothing against the city of Tampa, when opp comes up,
goes for it.
2. What special programs or resources would you suggest the District investigate to enhance
departmental activities?
Learned lots regarding management in past 1.5 yr, exposed him to a number of diff things. Enhance
the life of the assistants in the office, make them want to work harder, providing a greater service.
Perception re from the discussions, i.e. feeling lost there. Get assistant working with certain
departments - i.e. attend dept meetings, know the top and lower mgmt, become invested with the
other depts. He did a lot of work with the fire dept, driving around, had ownership, had something to
do with those depts. Get them working with the depts. They are assigned to. Listening to and
watching some of the dept, push them along in their careers. Encourage them to work on an
interesting topic, get them to write an article for the state journal, law review, and share expertise with
the rest of the state. Gives them a sense of greater purpose, found a way to communicate what they
have learned, expertise in those areas. Work with them, annually, write an article - weekends, time in
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Glassman Interview - Video
Collier County Attorney Search
Page 2 of7
office, bar journal, law review, trade magazine, establish themselves in a particular area. Motivates
them to do a better job.
Great number of experts, bring into have a seminar, i.e., on depositions, etc. I-hour lunch for the
assistants, become mini-seminars, CEU, continuing to give more knowledge, drafting ordinances,
give more to the staff. Even for the assistants, better ways of managing the attorney, managing the
attorney files, help to broaden/educate the office. With a motivated staff, sees a bigger picture, staff
will produce well, be an asset to the county.
3. What do you feel the primary role of the County Attorney should be, relative to the County
Commissioners? The County Manager? Department Directors?
Equate to the Mayor and City Council relationship- separate, diff org, responsible to both.
Sometimes can put the city attomey in a difficult situation. Sometimes they have policy differences
that may make things difficult. Better not to have these tensions. Role is to provide legal advice to
the County Commisisoners. Thin line between policy and legal advice, clear that they provide legal
advice. Sometimes the line is crossed, do as much manage that. Will share a response that something
is asked was a policy instead of a legal matter.
May not be the advice they want to hear, may want more. May need to be told that it is a political
matter. Same is true with the county department directors/decision makers; their job is to provide
sound legal advice. Policy decisions must be left to the policy decision-makers. Start crossing line,
can get in trouble. Keep that fact in mind.
Accessibility - open door, can be open, subject to the sunshine law. Some commissioners like to
have a regular mtg with the county attorney, as long as everyone has the option, department heads, as
often as needed.
4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100
days?
Learning process. Great deal of the government - the office. Want to sit down with each of the
assistants, each of the staff member, what they do, how they do it, try to get a firm handle on the
office and the staff. Sit down with the assistants/staff, other interests, important to get a feel for how
the office has been run. What works, what doesn't work. Get input for process improvements from
them.
Spend time with the county commissioners, what their interests are - legal standpoint, what are their
major concerns, big problems, how they can provide advice on those problems. Spend time with the
dept heads, sitting down, how it operates, what they see as the big issues, what is the current
relationships with the current county attorney's office, how can things can be better. Are they getting
advice, opinions, is it timely, is it complete? Community affairs dept - rightfully let him know if they
aren't getting info back in a timely fashion.
Learning, finding out, can't stop govt biz, great deal of time talking with people that deal with the
county, vendors, contractors, Naples City Attorney, find out their relationships, etc, HiIlsboro and
Tampa - big issue.
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Glassman Interview - V ideo
Collier County Attorney Search
Page 3 of?
5. Describe your ability and experience in handling sensitive political issues and problems. Use specific
examples.
County mayor - Orange, investigation for a matter that dealt with funds received, some would call a
kickback. A number of county employees going to appear before a special prosecutor with the state.
Concern from the employees, that they would appear alone. Determined by the county attorneys'
office, they would represent (2) attorneys would rep them. Election for county mayor was 6 months
away; Gary was one of the attorneys sitting with them. Former and present commissioner, county
mayor staff, department directors, etc. No indictment was given, representing employees that were
concerned, ACA, obligation to the county, people of Orange County. Didn't announce to everyone
that he was one of the attorneys selected, didn't make known to anyone, kept as private as possible.
If someone did know, told that it was a private matter, wasn't for special consumption, up to the
special prosecutor to publicize. Most important to him - privacy to the county mayor, all that
appeared in front of the special prosecutor. Not a matter of sunshine, quickly and as sensitive as
possible for a criminal matter.
6. Describe the single most significant case that you have handled for your organization. What was the
disposition of the case? At what level was it appealed? What was the net operating outcome to your
organization?
Orthodox Rabbi - conducting services in his home. Several in Tampa - coming up for trial.
Interesting and family lived in residential community, orthodox rabbi, no synagogue that he could go
to, that he could start up, had to be walking distance - set up in home. Unfortunately, had bigger
plans, services, and religious school for children, summer camp, and bible study at least I night per
week for adults. If he hadn't had the bigger plans, that was making it more difficult. County was
involved, cited through code enforcement, found in code violation, told to cease and desist, and took
to fed court in Orlando. Immediately moved for an immediate injunction, violating the first
amendment, fed statute - religious land use. Immediately were in court, judge denied the injunction,
county code was constitutional, discovery stage, 25 depositions - rabbi, county officials, witnesses,
great deal of time in discovery, arguments would be made, needed to be made - in home, necessary
for him to go to experts - University of Miami - talked to professions - tremendous amt of time spent
speaking to experts. Decided to attach the constitutionalism - new statute, violated the US
constitution, double-edged sword, hitting back, clearly had a lot of hard work for the judge. Case
went forward, discovery - 2yrs, filing summary judgment - are no facts in dispute, decide on the law,
law favors the county, dismiss the case. In addition, if rule in their favor, find that statute
unconstitutional. Holds hearing, Washington, Tallahassee, came in, rabbi's lawyers, all day hearings,
constitutionality of the statute. Getting ready for trial, January, mock trial in December, ran them -
hesitate to watch those, very interesting - good pointers, good info. Just before going to trial, judge
granted summary judgment. Happy, knew there would be an appeal to the 1 I th Circuit Court of
Appeals, didn't deal with the constutionality of the statute. Untimely, state found statute to be
constitutional. Filed briefs, went to Atlanta, first on list, 15 minutes to argue case. His part went V2
hour, asking that many questions, knew there would be problems, reversed the prior judge's decision,
Orange County code was unconstitutional. Not happiest day, no financial gain for the rabbi, hadn't
been shut down, avoided damages to the county. Throughout case, didn't shut down, didn't get
injunction, neighborhood had to deal with. Rabbi sued again, wanted monetary damages.
Newspapers articles, on TV, made for interesting case. Lots of facts, laws, media, etc. Illh circuit
decision, federal supplement - federal reporter.
7. Describe your management style or the style that suits your best. Have you ever had to manage
during a budget reduction? What reductions have you personally had to manage? How did you
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Collier County Attorney Search
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determine the persons affected in your office? How did you advise the Human Resources
organization and Budget Office in handling throughout the organization?
Budget cuts since city of Tampa. Immediately dealt with. One of the attorneys supervising was
targeted by the city attorney, performance had not been satisfactory. Gotten complaints from the
mayor, Gary hadn't been there long enough to eval, solely on performance and competency. Seemed
to be the right thing to do. Continuous issues with budget cuts. Talked with people in HR, reductions
in force, how should be accomplished - fair and non-discriminatory. GTE - RIF - 18 persons, had a
legal/practical experience in making sure that the system used is fair, not arbitrary. Worked with HR,
going through I" cuts citywide, reductions done properly - need, where could elim positions, w/o
regard where positions could be cut w/o an issue with the city. City is now in the budgetary process
with last week's decision; expect to be involved in advising. In own office, have leadership group,
met to begin process within their own office. Know there will be some, 80 - 90% of budget is
personnel, will need to cut individuals, looking at id people that are not performing well, once 10,
how will handle, what will it mean for the rest of the staff, how will work be divided up. Work
harder without add' compensation. Be honest and fair. Get them to see the bigger picture.
8. What specific areas of local government law do you consider to be your primary strengths?
Weaknesses?
Not just one area oflaw, land use, constitutional issues affecting govt.
9. How do you manage the timeliness of your offices work? How do you gauge what other Department
Directors/County Commissioners feel about the quality of your office's work?
Law practice - private - billable hours. Not the same in county government. More difficult to
quantifY - i.e., litigation - 40 cases on their docket. Another handling 5 cases. May be more
complex, difficult, more time consuming. Can't just use the usual measures. Same with someone
writing ordinance - i.e. women, business, minority ordinance - he, another assistant and the county
attorney are all working on it. Met with city staff, city's chief of staff, citizens involvement, meetings
in front of city council, 1.5 yr, expect it to take another 6 months.
Realistic way to do - gives assignments - reasonable and can be handled. Keep finding out where
they are on the ordinance. Develop a sense of those that are working hard vs. fluffing it out. Convey
the expected timetable, if meet stumbling block, explain the issues. Don't think you can have a way
of doing the work, need an additional week; get a sense of what's working. Talk to dept heads, look
at the individual attorneys, etc. don't want to start up the billable type of process.
See over time, how they are performing.
Quarterly report on litigation. Staff mtgs weekly - discuss project status. That's where review
agenda for city council, whatever assignments are out there. In addition, more informal, get an
update from the City Attorney. Need to do in a better fashion. He personally keeps a to-do list; need
to have more ofthat in the office. Reporting is less formal in his office.
10. What innovative or special programs has your organization createdry What legal challenges have been
mounted toward these programs?
~-~--~---'-"--"~'---~.."'---'-"- N.h__
Glassman Interview - Video
Collier County Attorney Search
Page 5 of?
See above
I I. On what major projects or cases are you now working? What is/are the disposition of the
cases/issues?
Ordinance for special events - first amendment issues - city property (park), demonstrations, etc.
Protest - how to deal with the issues, what they can and cannot regulate, large convention center in
Orange Center - 2"d largest in the country. President Bush - protestors, working on this ordinance.
Community Affairs - local discrimination cases in the city - employers, housing, helping the
investigators 10 when city code has been violated - protected classes. Meet with investigators,
advice. Construction services dept - contracts, involving legal matters, writing of construction
contracts, bids that go out, forms are proper, are they discriminatory. HR, advising them on the
reductions, general matters. Police dept.
12. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy
on the use of outside counsel? What policies or procedures have been established to regulate the use
of outside counsel?
City - budget crunch - use has been to about $ 1.2 million annual, have to cut re budget. Personal
belief, use as little as possible. Real situation - special expertise -very complex construction matter,
bankruptcy that no one had expertise in. Look at people in the office with that interest - rather let
them build their expertise.
13. To what degree are you called upon by your organization to meet with outside organizations such as
developers, commercial associations, etc.? What significant items have caused you to be utilized in
that/those instance(s)?
Tampa - legal matters - number of groups - environmental causes - green groups, why doing certain
things. Discuss whatever issues. Individual city residents, not happy with certain things, tell why
things are done, not a lot done.
14. What, in your opinion, will be the major legal challenges facing today's local government legal
offices? How do these conditions apply to your organization? How might they apply to the Collier
County?
See above
15. Are there new trends, programs or philosophies within local government law that you would like to
explore or utilize? Please describe.
See above
16. What is your degree of interest in the job of County Attorney?
What he wants to do. Where he wants to be, knows the area, knows the west coast, not a lot of
questions. Commissioners view on how they want to see the county attorney operate.
17. What are your salary expectations for this position?
Salary range sufficient.
-. --~--"~-_. ------
Glassman Interview - Video
Collier County Attorney Search
Page 6 of?
18. If you were be selected as the next County Attorney, what would be your availability? Are there any
other searches you are involved in that will be coming to a decision before the end of March?
Scheduled - 3 trials in April, can't leave w/o doing them or preparing for them. Continued, have to
be careful obligations are being met with the city. 2 -3 weeks.
Due Diligence Questions
19. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the performance of
duties? If so, explain the circumstances. N
20. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so,
explain the circumstances. N
21. Have you ever been subject to disciplinary suspension or probation in your adult working career? If
so, explain the circumstances. N
22. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N
23. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out-
of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits,
or allegations of wrongdoing where your personal actions were the cause of a lawsuit.) N
24. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was
the outcome of these allegations? N
25. Is there any reason why you could not fully perform the duties of this specific position? N
26. After an offer of employment are you willing to undergo a pre-employment physical if one were
required? After an offer of employment are you willing to undergo a pre-employment or random
drug screening test if one were required? Are you willing to submit to testing by an
organizational/industrial psychologist or management testing firm to determine fitness for duty? y
27. Have there been any accusations or charges made against you based on conflicts of interest, improper
behavior or misuse of funds or equipment, or major violations of agency or company policy?
(Conduct that is clearly prejudicial to the good order or discipline of your current or past
agencies/companies) N
28. Have you ever been convicted of a felony offense? N
29. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent
you from being bonded or placed in a position of public trust with fiduciary responsibilities? N
30. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions
or media organizations with which you have had adverse dealings? Would any of these groups be
prone to discredit your candidacy if your dealings with them were to come to public light? N
31. Is there anything in your background that could be construed as potentially embarrassing, unusual,
controversial or disqualifying in nature to a public or non-profit sector employer regarding your past
.-... .- ----
Glassman Interview - Video
Collier County Attorney Search
Page 7 of?
employment status or personal conduct? This would include behaviors, habits or practices that might
disqualify you from consideration for this position. N
32. Is there anything about you that could be potentially embarrassing or disruptive to the candidate
evaluation process if it were learned at a later time? It is imperative that we hear this information
from you now, rather than from an outside source or a negative reference. N
You do understand that via your affirmative or negative responses, as the case may be, you are declaring
that you are free from any past practices, behaviors, legal encounters or actions that would tend to
disqualify you, or inhibit further consideration of your candidacy. If information is omitted now and
learned later with regard to these questions, your status as a candidate could be immediately terminated or
relinquished.
Next steps:
Recommendation of the final 5 to the Commissioners on 2/26.
Add'l candidate comment: Very interested, want it for the long time, culmination of his career.
~-----,---" -- --~----~- __...MN.... -'--
Michael Hunt 2/13/08 2 p.m.
COLLIER COUNTY ATTORNEY SEARCH
Video Interview Questions
1. Describe the elements of your experience and professional training that make you the best and most
qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the
best candidate?
Went to UNC Chapel Hill- BA in '75, obtained in 2.5 yrs, graduated from Howard Law School, JD,
80 ~ worked at the Assistant General Counsel in Jacksonville, then Manatee County, 1" Assistant;
then Acting County Attorney, then Cable TV Attorney for Utilities and Cable TV. Started consulting
group, cable TV and other utilities - 10 years, split, started Consult First, still consulting with local
govts. Ultimately determined that with a young family, needed more home based work. Sought
position for St. John's County, experience in all levels of local govt law, contracts, telecom, utilities,
social services. Combo of experience, nuances of local govt, primary reasons for experience and
understanding for local govt. Managerial in consulting, both counties for handling day-to-day tasks
for handling a large legal office. 75% has a political bent/aspect, able to handle the politics and the
legal side to handle.
2. What special programs or resources would you suggest the District investigate to enhance
departmental activities?
All counties should be looking at more coordination between county attorneys w/I the staff, esp in the
SouthWest ~ common goals and aspects that go forward with those counties, resources and abilities.
3 hurricanes in '04, resources are scarce during emergency event. Need operational emergency plans,
including legal services. In '04, all attorneys offices worked with no power for betterment of week.
Contracts approved, emergency mtgs with BCC, not alone in this. Every county in the state was
affected, brought the need to do so. Look at efficiencies, amt of outside counsel, legal work, tends to
be a concern of the governmental entities.
With the exception of bond and tax work, can do most other things in-house; need back-up for cross-
training for individuals for handling work easily and efficiently.
3. What do you feel the primary role of the County Attorney should be, relative to the County
Commissioners? The County Manager? Department Directors?
County's chief legal counsel and advisor. Chief counsel for the BCC, distinction, ethical considerations
re board and admin. At same time, not a commissioner, therefore do not usurp their role, adopt policy.
Provide the best legal advice possible, so they can make fully informed decisions, away from lawsuits,
legal disputes.
4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100
days?
1" day, meet, talking to staff - find out their strengths and weaknesses. Find out what concerns they
have with the transitions, what their role will be, and security of the existing staff so they can do their
----. ,,-,-- .-_."._~.._-"--_.__._.- -----,._-~
Hunter Interview - Video
Collier County Attorney Search
Page 2 of6
job. Meet with the Board, understand their goals and objectives. Meeting with the county manager,
county's dept heads in the I" 2 - 3 days to put together a comprehensive assessment of what needs to
be handled from the legal arena ~ enhance the office, make more efficient, estimate the policy for
how legal services are routed. Typically requests come in a mish mash of ways; create central
routing, with clear/precise proceedings.
From there address I" needs of the county, prop tax reform - all counties have to deal with in the
upcoming fiscal year. Manpower, personnel, what happens with the state legislature. Bring back
some services as a part of local govt. At the end of the 100 days, take stock, what worked well, and
what didn't work well, make adjustments. Have strong convictions, not detrimental to the office.
May have an idea of how things work, never be so bold that someone can't have an idea that is better
than your own.
5. Describe your ability and experience in handling sensitive political issues and problems. Use specific
examples.
Number of situations - commissioners come to you, what should/would happen. Detennination-
what they are trying to achieve, what's their objective. Recently, tried to acquire a major wastewater
utility. Had acquired another, was very time-consuming and difficult. Was done legally and
properly, political side consumed everything. At cross-purposes for what was trying to achieve, make
better for the citizenry. Chose a different approach, traditional way, eminent domain, requires fully
infonning the BCC, done in the legal process, takes away the political process. Managed the 15-
person acquisition team for the purchase and sale. Former project took 2 ~ 3 years, using existing
strategy only took 2 -3 months. Less costly, expense for the eminent domain. Acquired the utility for
less than the prior one. Fewer accounts, for a better price. Able to handle better the 2"d time, did in a
shorter timeframe, did in a way that helped the citizens of St. John's, cost for water and wastewater
went down for the vast variety of customers.
6. Describe the single most significant case that you have handled for your organization. What was the
disposition of the case? At what level was it appealed? What was the net operating outcome to your
organization?
Above case, up and potential downside. Would have been more politically sensitive if didn't handle
appropriately. Land use cases, construction use cases. By far, most significant one.
7. Describe your management style or the style that suits your best. Have you ever had to manage
during a budget reduction? What reductions have you personally had to manage? How did you
detennine the persons affected in your office? How did you advise the Human Resources
organization and Budget Office in handling throughout the organization?
Talk, listen, and understand people's strengths and weaknesses. Do not micromanage, but give as
much as possible. Try to maximize, let them do their job as best they can, operate within the
confines. Lost an attorney, didn't replace, everyone is doing more. Try to manage the tasks so that
people don't feel overwhelmed. Clear open door policy ~ don't get overwhelmed, don't let simmer,
important to listen and deal with the circumstances.
Very results oriented driven. Don't worry re the time clock, but that they get the job done, stay on
task. When someone receives phone call, respond within 24 hours. Expect to have the Initial Legal
response within 48 hours; understand there is a contact person assigned. Open that line of
communication, able to address it. Lost the cable administrative function in the County, Michael took
.. ~._"._"..-. -.-..-.,-- "---
Hunter Interview - Video
Collier County Attorney Search
Page 3 of6
over those functions (admin task), since he had the most experience of anyone in the county. Takes
more time than he expected, but uses this opportunity to assist and use his expertise in broadcast and
cable matters.
8. What specific areas of local government law do you consider to be your primary strengths?
Weaknesses?
Strengths - broadband, voice, video, data, telephony, water and wastewater utilities, contracts,
environmental. Worked and been counsel in virtually every aspect - adult entertainment, parking fees of
reships docked in the river, done everything that you can do at the local govt level.
Least - certain aspects of land use, comes up from time-to-time, rep the county in court, but not in the
day-to-day duties. One matter, dealing with cell towers ordinance.
9. How do you manage the timeliness of your offices work? How do you gauge what other Department
Directors/County Commissioners feel about the quality of your office's work?
Establish weekly mtgs; ask them how they're doing. Assign each of the commissioners an attorney to
go to - County Attorney is the senior contact. Gauging the overall aspects, having people critique
what you do, where warranted, try to improve what you do. 10 where things have been
misinterpreted, fix what's wrong. Legal side of thing, should not do things that are not completely
above board. To be honest - 90% of the time, can find the best legal way to do it, or a creative legal
way. Always counsel to hold fast to ethics.
10. What innovative or special programs has your organization created? What legal challenges have been
mounted toward these programs?
Efficiency in providing aid, did not review contracts well prior to this being brought to the County
Attorney's office attention. Michael recognizes that this office was a part of the reason, they were
slower than they were then. Did more work in-house, lawsuits, had been sued more than they are
currently sued. Reduced the number of lawsuits generated. Can inform the county offices better,
save BCC from having issues.
Developed a process, when county approved contract, nothing showed what the board did. Could be
sued on any action, nothing to go behind it. Now have an authorizing resolution - chair or admin or
designee, recordation of the minutes/records, clear explanation in the authorizing resolutions.
Changed agency cover sheet - types of motions that would be able to make. In light of that, all
boards/depts./all contracts approved by the County Attorney, over 600 reviewed by his office. On
track to do 700, have on e of the younger attorneys to help. More negotiation, put their input on the
contract, get them a better deal.
11. On what major projects or cases are you now working? What is/are the disposition of the
cases/issues?
See above
12. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy
on the use of outside counsel? What policies or procedures have been established to regulate the use
of outside counsel?
______4___~__,. '_,-,- ._-~ -~-,--
Hunter Interview - V ideo
Collier County Attorney Search
Page 4 of6
See above
13. To what degree are you called upon by your organization to meet with outside organizations such as
developers, commercial associations, etc.? What significant items have caused you to be utilized in
that/those instance(s)?
Legal counsel for the CDRA, tend to be sporadic, 3 agencies in the county. Haven't met with 2 for
them in 2 yours, represent more actively the Tourist and Development Corp, going to their meetings.
Also attorney for the EDA, liaison to the Water and Sewer Authority. Don't meet with these org
frequently, rep the interests of the county. Civic org - acquired 2 utilities, doing presentations on
their status. Affluent area, certain considerations, very active politically. Expect to have someone
meet with them. Meet with that group bi-weekly. On occasion, other groups, emergency occurs, i.e.,
handle things for the sheriff, occasionally happens. Try to have attorneys that have some sense of
what's going on. Try to rep them, rep the BCC, prohibited from giving them advise, work with the
BCe. Try to help the citizens as they can. Sand Dune restoration is a big deal.
14. What, in your opinion, will be the major legal challenges facing today's local government legal
offices? How do these conditions apply to your organization? How might they apply to the Collier
County?
St. John's - budget constraint - state requiring more of local govt, caps of how moneys can be raised.
Going to more user fees, ahead of the curve, can provide how already handled. Will be instances
when level of service will have to be dropped or shifted, fact of life. Deal with the circumstances,
provide some innovative legal ways, providing the level of service the BCC and community expects.
15. Are there new trends, programs or philosophies within local government law that you would like to
explore or utilize? Please describe.
Using broadband telecom to assist govt better. Collier has enhanced website, looked at their
commission mtgs, familiar with that aspect of things. Get to a great number of individuals, citizens
get computers, broadband and Internet, provisions will make a better and more informed citizenry.
What can be done on-line, videoconference, get more efficient in their pricing.
16. What is your degree of interest in the job of County Attorney?
Bottom line, interested in position. Current county attorney's salary is sufficient, understand his
salary.
Son in high school, daughter in college, timing of their completion of corsework, etc. means that he
would be best able to move in May, June, course load till June. Committed to work as soon as he
can, will discuss alternatives. Lived in Sarasota for 20+ years, like the area.
17. What are your salary expectations for this position?
See above
18. If you were be selected as the next County Attorney, what would be your availability? Are there any
other searches you are involved in that will be coming to a decision before the end of March?
See above
-- --"_. ---
Hunter Interview - Video
Collier County Attorney Search
Page 5 of6
Due Diligence Questions
19. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the performance of
duties? If so, explain the circumstances. N
20. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so,
explain the circumstances. N
21. Have you ever been subject to disciplinary suspension or probation in your adult working career? If
so, explain the circumstances. N
22. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N
23. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out-
of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits,
or allegations of wrongdoing where your personal actions were the cause of a lawsuit.)
Filed EEO action concerning the prior selection of the assistant county attorney, had never done so
before. Personal lawsuit regarding repairs of his home from the Hurricane event.
24. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was
the outcome of these allegations? N
25. Is there any reason why you could not fully perform the duties of this specific position? N
26. After an offer of employment are you willing to undergo a pre-employment physical if one were
required? After an offer of employment are you willing to undergo a pre-employment or random
drug screening test if one were required? Are you willing to submit to testing by an
organizational/industrial psychologist or management testing firm to determine fitness for duty? Y,
completed the CN TEST.
27. Have there been any accusations or charges made against you based on conflicts of interest, improper
behavior or misuse of funds or equipment, or major violations of agency or company policy?
(Conduct that is clearly prejudicial to the good order or discipline of your current or past
agencies/companies) N
28. Have you ever been convicted of a felony offense? N
29. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent
you from being bonded or placed in a position of public trust with fiduciary responsibilities? Yes, in
'05, come out of it, no financial burdens since then.
30. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions
or media organizations with which you have had adverse dealings? Would any of these groups be
prone to discredit your candidacy if your dealings with them were to come to public light? N
31. Is there anything in your background that could be construed as potentially embarrassing, unusual,
controversial or disqualifying in nature to a public or non-profit sector employer regarding your past
n____._~~__'_.___ m._ - .._.,.._,..,~ " .'-
Hunter Interview - Video
Collier County Attorney Search
Page 6 of6
employment status or personal conduct? This would include behaviors, habits or practices that might
disquality you from consideration for this position.
Outside the bankruptcy, outside his control, can't think of anything. In a submitted Employee evalation,
county attorney noted that Michael was seen asleep at office, found that he had a medical condition and
has now been subsequently treated with medication.
32. Is there anything about you that could be potentially embarrassing or disruptive to the candidate
evaluation process if it were learned at a later time? It is imperative that we hear this information
from you now, rather than from an outside source or a negative reference. N
You do understand that via your affirmative or negative responses, as the case may be, you are declaring
that you are free from any past practices, behaviors, legal encounters or actions that would tend to
disquality you, or inhibit further consideration of your candidacy. If information is omitted now and
learned later with regard to these questions, your status as a candidate could be immediately terminated or
relinquished.
Next steps: Recommendation of the final 5 to the Commissioners on 2/26.
Thanks for the opp, very interested, truly believe have the experience and demeanor to do the job
effectively.
..----- --'---..'- --"- . .-.--'-
Jeffrey Klatkow 2/4/083:45 p.m.
COLLIER COUNTY ATTORNEY SEARCH
Video Interview Questions
1. Describe the elements of your experience and professional training that make you the best and most
qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the
best candidate?
Come out of corp world. Started off as a litigator, over time as biz needs and personnel changed,
migrated toward contract and business end. Running litigation and contracts for Carvel and Cendant,
strong contracts and dealmaking. Did a bit of litigation, came into the County Attorney's office with
more of a biz background, which gave good advantage over others that only knew local govt law.
Big believer in overcoming the learning curve one can has. Had good experience, David Weigel
recognized it, and was promoted quickly. Can focus on the business end of it management, as well as
the law local govt end of it.
2. What special programs or resources would you suggest the District investigate to enhance
departmental activities?
David and the Mgmt team - he and Scott Teach. On the junior end of spectrum, most attorneys have
more experience than they do, more seniority in the organization. One of the reasons that the current
County Attorney having issues is that he allowed people to stay on that shouldn't have. The office is
perceived as having people that shouldn't be there.
One of the reasons he went to local govt was to get away from the seasonal (periodic due to financial
conditions) layoffs. Hard to deal with, the economic impact of firing someone - most important thing
they have is their job.
Problem - county policy is to do layoffs according to seniority, last in first out. This is fair - in that
there is no subjectivity to it, so that he's expecting layoffs with the next budget - October. To avoid
losing the more productive staff, the next County Attorney will have to evaluate and terminate based
on performance. Unfortunate, 2 of better attorneys in the office are the most junior. Hard to see
happen.
3. What do you feel the primary role of the County Attorney should be, relative to the County
Commissioners? The County Manager? Department Directors?
1'1 and foremost, dependent on the board. Current board, demanding on the county attorney's time.
Understands there were some BCC where there could be I - 2 years go by, wlo a call. They are very
hands-on, been together since 2000 - 2001. Very demanding, county attorney services the BCC, on a
personal level and a commissioner basis. If majority of the commissioners don't want to do
something, and don't have the majority, difficult to do. Manage the office, very large staff, and heavy
-~. .,'.-- --~-
Klatkskow Interview - Video
Collier County Attorney Search
Page 2 of6
law usage for what's being done. Need to be happy with the Assistant County Attorney's on the staff
side and make sure they are performing.
County Manager - supports in some ways - sometimes the County Attorney's office is there to say
no. Balancing act, represent the staff, represent the BCC. Most times there is no conflict. Sometimes
staff taking a policy that is contrary to board policy and board directive. That causes friction, as it
should; care with not saying no enough. Predecessor at Horseshoe, said yes all of the time, but have
some friction, nature of the beast. Have to be able to work with them. Balancing with the CM and
Directors, more problematic. Not their attorney (County Manager's, the Department Directors'), but
the BCe's board's attorneys.
4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100
days?
Go to Jim Mudd, ask ifhe could go to his staff for eval the County Attorney's office, feedback on each of
their performances. Do the same with the BCC - happy with, not happy with. Determine if the issues
can be resolved by moving them from supporting one division to another, analyze whether it's personality
or not. Recently found that to be the case, moved an Assistant from working with the Code Enforcement
Director to supporting Public Works with outstanding results. Some staff are in semi-retirement mode,
this needs to be addressed. Did have a discussion with some staff members, told them that his
expectations of them were high, and he expected them to work harder. Had conversation 3 months ago,
got some initial good results, but there still problematic areas. Concern with govt services mindset.
5. Describe your ability and experience in handling sensitive political issues and problems. Use specific
examples.
Business of Collier County - real estate devpt, pretty much everyone is focused on supporting real
estate devpt. Build roads to open up land to build new houses, new sewers, parks & rec, for the most
part, 85% of their people are supporting devpt. Constantly take not being perceived as developer-
friendly, can't anger the devpt community or that can get them fired. If not viewed as fair/even-
handed, it's a concern. Differing opinions between commissioners, balancing act in not ruffling
either's feathers. Need 3 votes to stay in at all times. Naples Daily News coverage is extensive,
careful with that. Have to be able to help the newspaper out w/o talking too much. Can't do anything
that will negatively impact the county. Everything is political, can't separate what they do from the
politics, i.e. impact fee - goes before the board - goes to a charity, if there is a concern with the
charity by one of the board members, it can be a problem. At the board meetings, lots of things can
be brought up, have to figure out how you can get the board where they ultimately want to be.
Recognize when need to retreat on a decision, given the BCC response. Recognize the political
business, both internal politics as well as external politics.
6. Describe the single most significant case that you have handled for your organization. What was the
disposition of the case? At what level was it appealed? What was the net operating outcome to your
organization?
Naples fee case - high profile case, extensive news coverage, news and TV stations. Prominent local
people, several environmental groups, charter group captains, Naples Council, took on appeal, hope
that the decision is going in their area. Since moved to Horsehouse, haven't done litigation.
7. Describe your management style or the style that suits your best. Have you ever had to manage
during a budget reduction? What reductions have you personally had to manage? How did you
,------,.'. --.,.- .------.--.'<. -.- ""--...-
Klatkskow Interview - Video
Collier County Attorney Search
Page 3 of6
determine the persons affected in your office? How did you advise the Human Resources
organization and Budget Office in handling throughout the organization?
See above
8. What specific areas of local government law do you consider to be your primary strengths?
Weaknesses?
Lots of things he's done, most of the office is doing the same things - transportation, code
enforcement, transportation, supervisor of board of elections, avoid embarrassment - hanging chads,
etc. Worked in public utilities, strengths - litigation, transportation, land use; farm out to contract
administration - tech and boring. Eminent domain, 2 attorneys do exclusively. Defer to Scott Teach
- Human Resources - came back from HR.
9. How do you manage the timeliness of your offices work? How do you gauge what other Department
Directors/County Commissioners feel about the quality of your office's work?
Easy for him in Horsehouse - production - everything has production - has to get to environmental
production, timely, every project, everything is date sensitive, very prod oriented, turned around in 24
hours. Cannot sit on anything, nature of the beast. When worked in transportation, used in-box as
tickler file, removed from in-box, last thing in first thing out. Tend to get things done within a day or
two. Some projects may take weeks; try to turn things away, same with staff. One person's been an
issue for a number of years, no one wants to work with him, and he gets the request for legal services.
Narrowed job done, piece by piece by piece, on-going discussions with the person. Person feels
protected due to a friendship with a commissioner and role in political party. Concerned, if he were
promoted, no one internal will be easily able to take on his workload.
10. What innovative or special programs has your organization created? What legal challenges have been
mounted toward these programs?
Pushed through a new process for PUD amendments - planned unit devpt. Take a community, own
zoning district. Before used to write the whole things up, page by page. Learned in franchise world,
one form of agreement, make changes as the amendment/changes. Now uniform, last page or 2,
individual development standards, any deviations from code. Used to take hours/hours of review,
now 5 minutes.
11. On what major projects or cases are you now working? What is/are the disposition of the
cases/issues?
See above
12. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy
on the use of outside counsel? What policies or procedures have been established to regulate the use
of outside counsel?
Don't know; David handles, varies year to year. Use for "death cases", could lose your job if you
lose it. Lawsuit against the clerk, bond counsel, depends on the work being done in the county.
Tallassee - local govt questions, case to case basis.
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Klatkskow Interview - Video
Collier County Attorney Search
Page 4 of6
13. To what degree are you called upon by your organization to meet with outside organizations such as
developers, commercial associations, etc.? What significant items have caused you to be utilized in
that/those instance( s)?
Daily, pick up own phone, return calls, return emails, weekends as well. Get questions from citizens,
will handle them. Outside attorneys, that's what he deals with.
14. Describe your involvement in personnel related matters: EEO issues; labor relations activities; and
separate Civil Rights matters (police related)!
Handled in-house, another attorney - Scott and Colleen, don't like personnel issues. Can't win,
always personal. Carvel- Fired everyone in Yonkers, moved everyone in CT. EEO claim - Carvel-
in 50's, company moved, ended the case, didn't help him, another machinist job that was depressed,
hard when win.
IS. What, in your opinion, will be the major legal challenges facing today's local government legal
offices? How do these conditions apply to your organization? How might they apply to the Collier
County"
Budget issue, other things aren't problems anymore. Lack of money will dominate this board for the
foreseeable future. Where should put the new library, new landscaping, new EOC, etc., now number
of people fire, parks, libraries shut down, get rid of landscaping and medians. All political, blc will
impact constituents, will be hard decisions made, and will dominate for I - 2 years. Until real estate
market turns around, this will be a hurting org. Traffic won't be an issue, dump trucks aren't slowing
roads. No traffic jams.
16. Are there new trends, programs or philosophies within local government law that you would like to
explore or utilize? Please describe.
Set up well, good computer tracking system, Debbie Allen is good at that. Keeps up with that sort of
thing. Tech - very good, excellent computer, scanning system. Personnel issues, main issue.
17. What is your degree of interest in the job of County Attorney?
Happy to stay as chief assistant for David for the next 15 years. Fond of David, think the world of him.
Being realistic, don't think that the current County Attorney has more than I vote on this commission to
remain as the County Attorney. Jeff has 2 choices - sit tight, hope survive the outcome; or apply for the
job, have control over his destiny. Think he'll do a good job; current County Attorney is just loyal to a
fault to his people. Don't think he has too many options. Vision problem makes things difficult, not
taking time off to deal with the matter, retrain himself. Going on for years, no confidence vote - 6 - 8
months ago. Ifhe were able to go somewhere else, it would have happened. Upside - already made that
decision when put hat in the ring. Taking a chance, next person may not trust him. Not an issue.
18. What are your salary expectations for this position?
Comfortable with range.
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Klatkskow Interview - Video
Collier County Attorney Search
Page 5 of6
Due Diligence Questions
1. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the
performance of duties? If so, explain the circumstances. N
2. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If
so, explain the circumstances. N
3. Have you ever been subject to disciplinary suspension or probation in your adult working career?
If so, explain the circumstances. N
4. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N
5. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an
out-of-court settlement, fine or other restitution granted? (This includes any EEO complaints,
civil suits, or allegations of wrongdoing where your personal actions were the cause of a lawsuit.)
N
6. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What
was the outcome of these allegations? N
7. Is there any reason why you could not fully perform the duties of this specific position? N
8. After an offer of employment are you willing to undergo a pre-employment physical if one were
required? After an offer of employment are you willing to undergo a pre-employment or random
drug screening test if one were required? Are you willing to submit to testing by an
organizational/industrial psychologist or management testing firm to determine fitness for duty?
y
9. Have there been any accusations or charges made against you based on conflicts of interest,
improper behavior or misuse of funds or equipment, or major violations of agency or company
policy? (Conduct that is clearly prejudicial to the good order or discipline of your current or past
agencies/companies) N
10. Have you ever been convicted of a felony offense? N
II. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would
prevent you from being bonded or placed in a position of public trust with fiduciary
responsibilities? N
12. Are there any special interest groups, citizens, employee groups, collective bargaining groups/
unions or media organizations with which you have had adverse dealings? Would any of these
groups be prone to discredit your candidacy if your dealings with them were to come to public
light? N
13. Is there anything in your background that could be construed as potentially embarrassing,
unusual, controversial or disqualifYing in nature to a public or non-profit sector employer
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Klatkskow Interview - Video
Collier County Attorney Search
Page 60f6
regarding your past employment status or personal conduct? This would include behaviors,
habits or practices that might disqualify you from consideration for this position. N
14. Is there anything about you that could be potentially embarrassing or disruptive to the candidate
evaluation process if it were learned at a later time? It is imperative that we hear this infonnation
from you now, rather than from an outside source or a negative reference. N
You do understand that via your affinnative or negative responses, as the case may be, you are declaring
that you are free from any past practices, behaviors, legal encounters or actions that would tend to
disqualify you, or inhibit further consideration of your candidacy. If infonnation is omitted now and
learned later with regard to these questions, your status as a candidate could be immediately tenninated or
relinquished.
Next steps:
Recommendation of the final 5 to the Commissioners on 2/26.
Final statement - Feels that the BCC is either comfortable with him or they want someone else.
._--, -----.-
Julie Lee 2/11/088:30 a.m.
COLLIER COUNTY ATTORNEY SEARCH
Video Interview Questions
I. Describe the elements of your experience and professional training that make you the best and most
qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the
best candidate?
Generally a strong attorney and manager. Interest of the govt, exposed in legal and pre-legal career,
starting with the maritime career, as a lobbyist. Landed in a company, going to be the rep for
hazardous waste. Read through, great experience for her; showed that can do things that she has
never done before. Never felt wedded to an area of particular area of law.
Moved into a solo practice - criminal, litigation, appellate, never flinched from the challenges in front
of her. She moved to the civil litigation area. General civil litigation practice - DC - lots of section 7
work, discrimination cases. Recommended for mgmt as a result of her work with sensitive EEOC
work, Human Rights. Moved from there to Public Affairs, not a zoning attorney, core skill sets that
got her through that process. Got her through a lot of issues, interpersonal matters, all that she had
picked up along the way.
Reflected in her resume, can go where she has to go. No real expertise will save you, it's a general
practice.
After being with DC govt for 18 months, organization had lost a couple of senior attorneys.
Management found she had more trial experience than a lot of the senior members of the team. 2/3
high profile, sensitive matters, allegation that officials in the fire dept had coerced female cadets into
having abortions. When slot opened up, attorney general asked her to come to the organization. She
brought another attorney with her, they proceed in cleaning up the office, had problems in the office
with personnel. She handled the office load, went through each of them, evaluating the cases that
were good cases and decided how to handle. DC had most varied EEO statute, lots of protective
categories, courts had not ruled on any of these. Developed law with a host of issues, charged with
interpreting the standards. Where followed the federal model, had to create law, working days/nights,
interpreting DC statutes. Exciting, demanding, met that requirement. Set up systems and processes
in the legal office, agency was lacking a lot of good systems and processes that were legally
sufficient. Moved to handle investigations, train them on how to handle legally sufficient
investigations. Dealt with policy, management, sexual harassment policy, conferring with other
agencies, govts, develop a best practices policy. Brought to the mayor's office, and successfully
defended the policy.
While she was doing this, position with the Consumer Affairs came up. Reported to the Attorney
General. almost 18 months into her job, large, difficult agency. The staff hadn't been supervised by
lawyers, needed to be helped to transition to be a healthy law office. Wasn't looking forward to it,
but said she would help. 1" order of biz, built a relationship with the office, poor relations, they
didn't like lawyers, etc. they had no choice.
Built credibility with the office, clients, dealt with personnel issues, produced the product she was
paid to do. Controversial political issues, director was sophisticated, wasn't good at protecting the
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Lee Interview - Video
Collier County Attorney Search
Page 2 of?
agency from the outside interests. Where the law came into play, Lee made sure that it was handled
appropriately, where he could shift the responsibility for saying no to the lawyers, use the lawyers as
the reasoning. Able to get his agenda manageable, that had been difficult for him to do. The director
didn't make it with the new mayor, the new director planned to make mgmt changes due to her
working more as a General Counsel, not how he was used to doing at previous agency. She won him
over, her hard work and zealot status, dealing with ugly political issues, generated prior to either of
them coming in their jobs, i.e., condo conversions, navigated her agency, attorney general agency,
dealt with allegations of wrong-doing, they got through that. Stayed another 8 - 9 months, helped
him deal with a realignment committee, lots of strategic planning. Lots of mgmt issues, nice
enforcement wins.
When on steady footing, asked to come back into the Attorney General's office, managing senior
litigation. Wanted to move to the "real south", kids didn't want to. Went through this for 10 years.
Asked to wait for her son to finish high school, found this job on-line. Applied, but settled in the
Attorney General's office. Had a call, had a telephone interview, recommended her hire, went to HQ
in DC, was recommended to hire her. Offered her the job, about 6 weeks to get down there. Easy
call for her to make, let them know she was leaving, had heard her talk about this for a number of
years, got to do it.
Birmingham is a nice town, went to FL in November (Jacksonville), and was more open/airy, felt
easier for her to breathe. Thought she wanted a small town, fairly conservative, sizable middle class,
smart people, feel a bit stifled there, want a much different environment, like the way she felt in
Jacksonville. Wants a more beautiful area, like outdoors, likes to fish, and wants a different quality of
life.
2. What do you feel the primary role of the County Attorney should be, relative to the County
Commissioners? The County Manager? Department Directors?
Allow them to do the county's good policy biz. Move programs they want to move, do in a legally
sound and sufficient manner. Go as far as they need to go under the law, do in accordance with the
law. Concern with the org chart, discussion of how to manage competing interests, make the
recommendations to have processes in place for when they need to have advice not to compromise
the BCC's interest. Continuations of conflicts, attorney-client privileges, sensitive to those types of
issues, etc. Understand that she represents the board, firming grasp of what the expectations are.
3. If you were selected/promoted/retained as County Attorney, how would you spend your first 100
days?
Getting to know the issues, office and client. Dealing with any emergencies, get to know the
stakeholders, getting to know the staff, see what the operational procedures are, ID any weaknesses.
4. Describe your ability and experience in handling sensitive political issues and problems. Use specific
examples.
See above.
5. Describe the single most significant case that you have handled for your organization. What was the
disposition of the case? At what level was it appealed? What was the net operating outcome to your
organization?
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Lee Interview - Video
Collier County Attorney Search
Page 3 of7
Condo conversion - so many duties of the counsel. Huge condo boom, lots of conversions, dealing
with the social, legal issues, people being displaced. Late 90's, politicians got involved, demand to
hold developers accountable, following the law. In 2"d year, large conversion by developers. Started
in '81, start and register, wait to convert when most marketable. Didn't ask tenants to leave till '05,
tenants complained, DCRA - signed off in '80s, other issues like that. Tenants fought with
developers. Charged to look at that particular conversion, see if they had the right to do what they
had to do.
Also facing challenge to long-term practice, sending letter to developers clearing them for converting.
If they were only converting 80 vs. 100%, agency had been issuing letters from a program office,
saying they were under the percentage allotment. Aggressive oversight chair on city council, they
had entertained leg to close the loophole. Moved both issues through the council while they were
conducting the investigations. Chair of city council wanted to bring to light, accused of misdoing.
Dealing with those issues, she was the agency counsel, walked them through the leg process, law
enforcement process, govt privilege issues, embassy matters, admin enforcement of a statute that had
never been leg enforced, no admin tribunal capable of handling. Revamped admin hearing process,
went to a centralized admin process, not set up to handle the admin challenge. Had to work with the
agencies, let them do it this way, pushed it admin, developed a process, and started issuing order,
going through all of that, walking through it. Hired a lot of lawyers, won all of the challenge except
one. She was guiding the process for her agency. Went back to the AG office, her former bosses,
had the case, put it together, dug through years and years of papers, put it together, urged them to sue
the embassy, try to stop them, shut this process down. Finally agreed to it, she stayed close to the
litigations, tested/pushed and won that conversion, had to start all over again. Huge impact, felt
throughout the city, felt throughout the development community, higher expectations, do it right now.
Different place right now. Implicated everyone that one would implicate for the council. Provided
support and counsel for the director for the new programs, she handled the difficult processes.
6. Describe your management style or the style that suits your best. Have you ever had to manage
during a budget reduction? What reductions have you personally had to manage? How did you
determine the persons affected in your office? How did you advise the Human Resources
organization and Budget Office in handling throughout the organization?
Flexible mgmt style. Try to adjust for the circumstances, for the situation, employee dealing with.
Called in the last 2 positions, severe personnel problems. Some viewed this as a strength,
transitioning an office that is burdened with issues into a functional one. Don't manage in fear, lots
of govt managers do. Between unions, political interests that mitigate against taking action. Fair, try
to encourage giving that full day's work, comfortable managing in that type of environment. By
nature, compassionate, bel ieve III individual rights, keeps her balanced. Manage for the
circumstances, employees and manager.
Didn't experience while she had control of her own office, most in personal services. W/I agency,
DCRA - exec staff, involved in almost everything. Had to manage through budget issues. Deferred
to the program and policy people, know staff and employees - don't use RIF to vent or engage in
illegal behavior. Make good fair personnel decisions; don't be afraid to do it. Have to make choices,
follow process and procedures as much as possible.
7. What specific areas of local government law do you consider to be your primary strengths?
Weaknesses?
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Lee Interview - Video
Collier County Attorney Search
Page 4 of?
Managing the law office, giving good strong counsel to senior managers. They confide in her, trust in
her, they listen to her. Helps them be confident in making decisions. Wants to be creative, forward
thinking, knows they are doing things legally. Managing outside influences on operations.
Weakness - when they don't listen, never been driven by issue areas - learn them, rely on staff that
know theat. Can eval work in substantive matters, even when don't have the background.
8. Describe your role in establishing your organization's philosophy on matters of labor law, land use,
environmental issues, litigation and appeals.
Labor law - didn't establish anything, Office of AG, at the forefront as a manager in dealing with the
unions. Esp with the attorneys, people were afraid of them. She feels they have their place; don't
believe that they should stop managers from functioning. At the focal point of a lot of the union
activity. With a lot of grievances, get to the root cause; tell the union that they do a disservice when
they bring forth bad grievances. Influenced how they dealt with their union staff, how they should be
dealing with. New to everyone, got through that process, active and vocal with that. Union came to
her, asking her to negotiate their contract with the Attorney General's office. Would have done it, but
moved into management instead. Expressed some concerns to the union with what they were doing.
Good relationships with them.
9. How do you manage the timeliness of your offices work? How do you gauge what other Department
Directors/County Commissioners feel about the quality of your office's work?
Listen to what the client says; listen to what the Attorney General's say. Good judge of good work,
poor work. Job is to try to fix it, did a couple of things - DCRA. Came into very difficult offices,
people were not performing at a standard - AG, mayor's office, etc. expected. Told that she could
fire the entire office if she wanted to. One of the things she saw, expectations were low - product,
quality and quantity. Raised that, convinced the attorneys that it was doable. Bread and butter work
- issuing enforcement notices, program, brought out template type work. Supposed to be experts -
despite the fact that she fought them on it, 2 - 3 months to-do, and sib in V, - 1 day, they didn't want
to hear it. Give her a file, read through it, know the standards, convinced them of how it could be
done. Cleared backlog - 2 - 3 years. Within the I - 1.5 month, changed the standards. All
enforcement notices must be completed within 48 hours of the office when they came in. Tracking
system instituted - not sophisticated systems in the office, every assignment were in database, day
received, anticipated completion date, actual completion date. Had to work the full 8 hours, put out
the work. Larger issues of complacency, raised expectations, holding people accountable for meeting
them. Learned to manage, enjoy doing, years of everything done, dad mentoring her, working under a
strong/savvy manager, trained manager, strategic planning, his influence, commitment to
management staff work at that level.
10. What innovative or special programs has your organization created? What legal challenges have been
mounted toward these programs?
When lawyers act like non-lawyers, care with exposing the agency to conflicts, sensitive to this.
Don't feel their offices created a lot in the outside. As legal counsel, participated in the creation of
innovative programs, jump start different programs, doing mass housing inspections - after fires, sat
down with program people, and took case law, how to do within the confines of the case law. Move
onto people's property, take down illegally built structures. People didn't know how to do under the
law. Found a way for housing admin, building code to take actions in shorter actions, give people
their due process. Lots of illegal construction, weren't being prosecuted, may have been one person
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Lee Interview - Video
Collier County Attorney Search
Page 5 of?
arrested for violating the building code. High level discussions at the mayor's office, how to handle
it. She was there with the Attorney General office, message the mayor wanted to send. Used her
criminal law background, advised to ask the judge for a warrant, dogcatchers - asked for warrant to
arrest people. Put her deputy on this, stayed in close contact, put together an avadavat, AG,
investigator, deputy got warrant, put up a building. Don't think that a lawyers' work should be too
innovative, should be in conjunction with a policy.
II. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy
on the use of outside counsel? What policies or procedures have been established to regulate the use
of outside counsel?
Only been in a position to do so, DCRA, AG office. Overseeing their lit, most active GC re litigation
blc she was a trial attorney, stayed close to her agency's litigation. When had issues with the trial
counsel, had to go the GC to manage.
12. To what degree are you called upon by your organization to meet with outside organizations such as
developers, commercial associations, etc.? What significant items have caused you to be utilized in
that/those instance( s)?
Frequently at DCRA, politically sensItIve agency, moneyed issues, at least 4 - 5 times weekly.
Present with community interests, developers, developer's lawyers, individual citizens, agency that
drew a lot of attention, very political.
13. What, in your opinion, will be the major legal challenges facing today's local government legal
offices? How do these conditions apply to your organization? How might they apply to the Collier
County~
Development, economic - everyone wants to see it, lots of moneyed interests. Local govt has to be in
a position, withstand them. Urban and suburban areas.
14. What is your degree of interest in the job of County Attorney?
Want to have comfortable working relationships with the client, have to be how she feels after
speaking with them. Large part will be what her sense is, after walking away. Love public service,
considered going to corp side, love to stay in public service, make a better living.
IS. What are your salary expectations for this position? High 100s, low 200s is a good starting point.
Right range for her.
16. If you were be selected as the next County Attorney, what would be your availability? Are there any
other searches you are involved in that will be coming to a decision before the end of March?
Ideally, wait to move in May. Like transition time, few weeks, like him to finish school - 11 th grade.
He doesn't really like Birmingham. His Dad lives in Tampa, puts him closer to him.
Due Diligence Questions
17. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the performance of
duties? If so, explain the circumstances. N
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Lee Interview - Video
Collier County Attorney Search
Page 6 of?
18. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so,
explain the circumstances. N
19. Have you ever been subject to disciplinary suspension or probation in your adult working career? If
so, explain the circumstances. N
20. Have you ever been dismissed rrom a position for cause? If so, explain the circumstances. N
21. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out-
of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits,
or allegations of wrongdoing where your personal actions were the cause of a lawsuit.)
OHR - one of the lawyers that was let go, she was named as a witness, but not primary. DCRA - one
of references - Nadine Wilborn would have been the AG, settled for nominal amt.
22. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was
the outcome of these allegations? Same, L. Bell, Ms. Wilborn would be able to say what happened
with this.
23. Is there any reason why you could not fully perform the duties of this specific position? N
24. After an offer of employment are you willing to undergo a pre-employment physical if one were
required? After an offer of employment are you willing to undergo a pre-employment or random
drug screening test if one were required? Are you willing to submit to testing by an
organizational/industrial psychologist or management testing firm to determine fitness for duty? Y
25. Have there been any accusations or charges made against you based on conflicts of interest, improper
behavior or misuse offunds or equipment, or major violations of agency or company policy?
(Conduct that is clearly prejudicial to the good order or discipline of your current or past
agencies/companies)
N, but D. Parker - Wooldridge may have filed an unfair labor, EEO complaints - not sure if Julie
was named or the actual AG, or Julie. Loved the unions, try to make sure that things were done
correctly. Ms. Wilborn could tell anything re her staff. Typical for staff to grieve their evaluations,
typical- EEO allegations, certain that she was accused of discrimination against anybody at any time.
She was pushing them to work hard. Some stepped up, others weren't able to.
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Lee Interview - Video
Collier County Attorney Search
Page70f7
26. Have you ever been convicted of a felony offense? N
27. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent
you from being bonded or placed in a position of public trust with fiduciary responsibilities?
Credit issues, largely linked to the mid-90's, coming out of solo law practice, some issues. Things are
fine now.
28. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions
or media organizations with which you have had adverse dealings? Would any of these groups be
prone to discredit your candidacy if your dealings with them were to come to public light? N
29. Is there anything in your background that could be construed as potentially embarrassing, unusual,
controversial or disqualifying in nature to a public or non-profit sector employer regarding your past
employment status or personal conduct? This would include behaviors, habits or practices that might
disqualify you from consideration for this position. N
30. Is there anything about you that could be potentially embarrassing or disruptive to the candidate
evaluation process if it were learned at a later time? It is imperative that we hear this information
from you now, rather than from an outside source or a negative reference. N
You do understand that via your affirmative or negative responses, as the case may be, you are declaring
that you are free from any past practices, behaviors, legal encounters or actions that would tend to
disqualify you, or inhibit further consideration of your candidacy. If information is omitted now and
learned later with regard to these questions, your status as a candidate could be immediately terminated or
relinquished.
Next steps:
Recommendation of the finalS to the Commissioners on 2/26.
..--..-.-.., - .----,-,-
John Turner 2/12/08 9 a.m.
COLLIER COUNTY ATTORNEY SEARCH
Video Interview Qnestions
1. Describe the elements of your experience and professional training that make you the best and
most qualified individual to become (remain) the Collier County Attorney. What distinguishes
you as the best candidate?
Thanks for opportunity to interview, has been a privilege working for Lee County attorney office for 17
years. Lots of the trial work, Collier and Lee County share a lot of interests. Both counties were among
the fastest growing in state and country. Common problems with extraordinary, roads and sewers,
environmental protection, water, quality of life issues. Experiences he has had over past 17 years, led him
to apply for position, touched and been involved in more detail in these types of problems. Through these
experiences, contacts, certain principles, ideas and concepts, form and take to a new level. Already
responsible, been involved in a lot of high profile work. See a lot of times these positions are filled
through persons with land use, general contract services - detailed experiences. Personally supports
having a county attorney with a great of trial experience and background. What it takes to be a trial
attorney, not just a litigator, but to win, gain support, to win in front of jury and win on appeal. Very
beneficial to a county position, love his job; love the people he works with, loves coming to work every
day.
Background varied; in 17 years, handled all types of cases, involving other cities, other governmental
entities. Prior to coming to FL, private practice, business litigation law firms, boutique - banking, biz
related, corp real estate. Prior was a muny judge in Tulsa OK, not just a traffic judge, misdemeanor
criminal. lOOK cases/ year with 3 FT judges. Also in private practice in several - general civil work.
Mainly the civil, biz fields.
2. What special programs or resources would you suggest the District investigate to enhance
departmental activities?
Budget. Faced budget reduction - 4% in his office, will have to do 5% next year, and may be further in
future years. Assuming will be in same position, revenue budget slashed, cost budget slashed. l;t priority
will be going into budget, examine what needs to be done, with that in mind, getting the office to function
at its highest possible level. Present to the BCC at the highest level. A ware of the 3 out of 5 rule, assume
a collegial body, in making the recommendation for the action that needs to be taken. Wants County
Attorney's office to serve as the best possible representation of BCC. Like to have things organized, able
to delegate day-to-day operations, then he'd manage the oversight/general direction. John is managing 3
federal cases, with April, May and June trial dates. Lots of work, very controlled, strict for
deadlines/timetables with a year notice. Lots of work, getting witnesses organized/prepared, budget set,
educating the expert witnesses, while continuing with the other cases also. The most effective County
Attorney, in the best org, hires the best, delegates the work then gets out of the way. Wants to make sure
that there is an outstanding work product in Collier, want to help them move forward.
Budget issues: Staffing decisions - replace people that are retiring/transferring/terminated?
Organizational decisions - how to support the client, how to support in the next 6 months to a year.
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3. What do you feel the primary role of the County Attorney should be, relative to the County
Commissioners? The County Manager? Department Directors?
Strong believer in working with county staff, that's how get the work in. They have the problems, issues,
i.e. eminent domain for a road or sewer project, issue with code enforcement case. Have to deal with that
on a day-to-day basis. Generally dept directors are well-educated, experienced in their fields, well-trained
admin, with lots to offer. County Attorney's office should be brought into the loop ASAP. Their office
has a good relationship with County Manager in the Lee County office. His office (County Attorney's)
has done a wonderful job; Deputy County Attorney attends the County Manager's weekly staff meeting -
answers questions, shares info both ways. Relationship is outstanding, open. Never been a time when he
hasn't been able to have a discussion with the County Manager and his/her Deputy.
BCC - balance the board, know the board, and keep the individual members well-informed on what
you're doing. Tendency for BCC to be split into a number of types of Board members: those that may not
be too active, not as involved on a day-to-day basis, make them aware of the County Attorney's office
activities. Share monthly and quarterly updates of their cases. On the other side, some BCC members
like to be active, want an answer quickly, important that each is infonned, kept up to date. There are
instances where there is a tendency in public meetings, when BCC members are discussing their pet
projects, they may want to engage the county attorney/staff in playing off each other. Explain the
position of the attorney, directors, and client is the board of county commissioners. Kept infonned, can
deal with it. Assume BCC doesn't like surprises.
4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100
days?
No changes in a hurry. Assume that staff and attorneys, are very qualified and responsible; establish a
good rapport, not a lovefest; start working on trust with the county attorney's office. Establish a great
relationships, detennine who are the attorneys/staff in what areas/their expertise, are they in the right
areas, how they can improve. What's been going on in the office, what are the undertones that resulted in
getting things to where things are, understand why this happened.
Address budget issues: meeting with budget people, find out what are the offices' projections are - can
they be resolved with cutting travel, seminars, the ordering books. In Lee County, the 1" Budget
workshop is the beginning of June, assume similar in Collier, that there is a short timeframe in which to
identity action items. Management model is to keep it simple, establish trust. Review staffs' personnel
files, talk to them individually and as a group; assume them that he is not there to cut wood, but to find
out how to make the office function better. Deal with emergencies as they come up, i.e., environmental
or code issues, interaction with City of Naples, etc.
5. Describe your ability and experience in handling sensitive political issues and problems. Use
specific examples.
Handled so many, prioritize the cases. Sensitive - involving the charter issue. Lee County was a non-
charter county for a number of years, movement by political activists to adopt a charter. Proposed and
defeated a couple of times. Problem involving the notice for the publication, charter vote was set aside.
Had to defend the county in the litigation. Court ruled in favor of the charter contestants, had to do again.
Again it was challenged; next it was the heading, etc. Won in trial, anti-charter appealed to the 20' Court
of Appeals.
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City of Sanibel, gorgeous community, 1 way to get there, the causeway constructed in the '60s. County
wanted to replace, sold bonds for new bridges and causeway; city wanted to retain the "charm". He
defended the county, county owns it, city said that the county only maintained. City had to accept the
building the new causeway, bridge.
6. Describe the single most significant case that you have handled for your organization. What was
the disposition of the case? At what level was it appealed? What was the net operating outcome
to your organization?
Hired as a trial attorney, to deal with a case involving a local land speculator. Bought and flipped land,
based on how he thought the county would build. Smart person, businessperson. Owned property near
the airport, wanted the county to acquire certain frontage, sold only parts of it. Speculator said they had
to take one piece by eminent domain, he said that he wanted to build a hotel. Thought he had enough
relationships with 3 county commissioners, big contributor. He became engaged to and married a person
in the County office. 7 different federal judges touched the case. County moved for dismissal, case
thrown out. Turner filed a motion for cost of attorney fees, judge acted on it, proceeded to award the
county fees and costs. Ultimately the speculator filed bankruptcy.
7. Describe your management style or the style that suits your best. Have you ever had to manage
during a budget reduction? What reductions have you personally had to manage? How did you
determine the persons affected in your office? How did you advise the Human Resources
organization and Budget Office in handling throughout the organization?
Reduced budget last year, involved in the discussions. Consensus approach- get input from attorneys that
have more a budget with input - i.e., eminent domain, cost accounts established. Get everyone on the
same page, working together, nudge them a little, recognizing that people are naturally protective of their
areas. If budget being cut, have to feel heard, not singled out.
Management style - lead by example, working with the right principles, fight for client's rights, tenacious
- hire the best you can, hire smarter than you, give them the tools to get the job done. 4 attorneys in the
trial section, he's the only one with a paralegal. Their law office, if have issues, admit it, keep the cases
going, don't have other attorneys frustrated by overseeing work.
Outside counsel - hired for particular expertise, budget cutting will be affecting. John brought in-house
all of the personal injury work, handles personally. Brought in worker's comp defense, was spending $90
- $125K annually, he'll be handling those cases.
Handling like a law shop.
Careful in the transition to a larger staff. Worked with 2 of the finest county attorneys in FL, over 30
years, now David Owen. Watch them work, almost in Collier's position. Although attorney had
resigned, several in office were interested in being the attorney, not the closest of associates. When David
(Lee County Attorney) became the attorney, had to handle professionally. Go in; set a tone, that's the
way that people react to you. Don't get involved in the negativity or build the reputation of house-
cleaning - focus on getting the product to the client, not getting involved in the politics of the county, take
a lot of work, lot oflate hours, it can be done.
Terminating/layoff of staff - half dozen lawsuits, licensing division - not many building permits being
issues. Went through with HR, determine how to layoff, what standards used/followed. Took at least 2
weeks, meetings involvement, giving advice.
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Not good lawyering to make recommendations, and then have to answer in a lawsuit. Want to keep some
distance to defend the claims.
8. What specific areas of local government law do you consider to be your primary strengths?
Weaknesses?
Strengths - Trial work, litigation, defending or prosecuting cases. Eminent domain to civil rights.
Appellate work in several fed, state courts. Number of published works - due process, ad velum estate
Weakness - nuances/tech in bonding work, utilities. Outside counsel for bonding work. State agencies
work with the utilities, state licensing, etc. County Attorney was in that area, one of his subject matters,
knows the details of pennitting, admin code, etc.
9. Describe your role in establishing your organization's philosophy on matters of labor law, land
use, environmental issues, litigation and appeals.
See above.
10. How do you manage the timeliness of your offices work? How do you gauge what other
Department Directors/County Commissioners feel about the quality of your office's work?
Try to present ifthe departments are notified on the hours spent on their work. On-going knowledge, info
on who's working on what project. Billing reports, department directors notice that the office is building
200 hours per month, can allocate or have questions. Accountability expectation - try to get the
client/staff/dept directors in the loop, justify what the hours are. As an attorney, allocate, prioritize, so
that they know (staff directors), let the BCC know in a summary overview.
] I. What innovative or special programs has your organization created? What legal challenges have
been mounted toward these programs?
See above
12. On what major projects or cases are you now working? What is/are the disposition of the
cases/issues?
See above
13. Estimate your use of external counsel by both dollar volume and case area. What is your
philosophy on the use of outside counsel? What policies or procedures have been established to
regulate the use of outside counsel?
See above
14. To what degree are you called upon by your organization to meet with outside organizations such
as developers, commercial associations, etc.? What significant items have caused you to be
utilized in that/those instance(s)?
Can't recall any. Only one, meeting with some property owners regarding pre-suit, locations of center
median cuts, access points on road projects. Explaining where cuts would be made. When people see
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Collier County Attorney Search
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proposed construction plans, lots of questions affecting their property. Meeting with developers - only a
few, potential litigation issues.
15. What, in your opinion, will be the major legal challenges facing today's local government legal
offices? How do these conditions apply to your organization? How might they apply to the
Collier County?
Related to growth - general topic. Growth involves how to provide the services for the new residents,
how will they impact this environment, making it livable. Collier - areas In East, that are
environmentally sensitive - Gulf coastline, North part of county, lots of devpt, not sure what road
infrastructure CIP, Collier County hasn't been real cooperative with Lee County on proposed widening of
1-75. Lee wanted to establish a board to review widening, creating a toll road. Collier has objected,
meetings between the BCC are being held. Authority has been proposed - turnpike. Believes that
Collier has issues with the board authority, what their powers are, arrangements for funding, bonding,
tolling, etc.
Lee - environmental - river releases water, affects on estuaries, coastlines, gets corrected, Lee's
dependence on environmental tourism can continue. The releases may impact/damage to many of the
back bay areas, major problems. Mining and stonnwater run-off during rainy season, prep for hurricanes.
16. Are there new trends, programs or philosophies within local government law that you would like
to explore or utilize? Please describe.
See above
17. What is your degree of interest in the job of County Attorney? Personally satisfied with the
situation in the office.
Concerns - not sure that at this point he would be able to accept an offer. Would have to do due
diligence if the office is to be stable. Applied for the job thinking he'd like to go to the next level,
didn't know David was still there, and wouldn't want to see him ousted. If David still wants the
job and he is in the finalist pool, then John isn't interested. John feels that David is that well-
respected in the Fl Association of Attorneys. Heard rumors about the reasoning about the
opening of the position, needs to feel comfortable with the BCC and the County Attorney's
office. Understands that it's a tough job and situation. John likes the stability of his current org,
they are like a family there, likes the collegial environment.
18. What are your salary expectations for this position?
Lee County, realistically - 175 - 185K with contract provisions allowing for increases following
goals.
19. [fyou were be selected as the next County Attorney, what would be your availability? Are there
any other searches you are involved in that will be coming to a decision before the end of March?
Would not be able to come to the organization until after the trials are resolved, in the June
timeframe.
Due Diligence Questions
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20. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the
perfonnance of duties? If so, explain the circumstances. N
21. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If
so, explain the circumstances. N
22. Have you ever been subject to disciplinary suspension or probation in your adult working career?
If so, explain the circumstances. N
23. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N
24. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an
out-of-court settlement, fine or other restitution granted? (This includes any EEO complaints,
civil suits, or allegations of wrongdoing where your personal actions were the cause of a lawsuit.)
N
25. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What
was the outcome of these allegations? N
26. Is there any reason why you could not fully perform the duties of this specific position? N
27. After an offer of employment are you willing to undergo a pre-employment physical if one were
required? After an offer of employment are you willing to undergo a pre-employment or random
drug screening test if one were required? Are you willing to submit to testing by an
organizational/industrial psychologist or management testing finn to detennine fitness for duty?
Y - but hasn't received the Career Navigator test. Sent note to Troy/Amanda, will be resent.
28. Have there been any accusations or charges made against you based on conflicts of interest,
improper behavior or misuse of funds or equipment, or major violations of agency or company
policy? (Conduct that is clearly prejudicial to the good order or discipline of your current or past
agencies/companies) N
29. Have you ever been convicted of a felony offense? N
30. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would
prevent you from being bonded or placed in a position of public trust with fiduciary
responsibilities? N
31. Are there any special interest groups, citizens, employee groups, collective bargaining groups/
unions or media organizations with which you have had adverse dealings? Would any of these
groups be prone to discredit your candidacy if your dealings with them were to come to public
light? N
32. Is there anything in your background that could be construed as potentially embarrassing,
unusual, controversial or disqualifying in nature to a public or non-profit sector employer
regarding your past employment status or personal conduct? This would include behaviors,
habits or practices that might disqualifY you from consideration for this position. N
33. Is there anything about you that could be potentially embarrassing or disruptive to the candidate
evaluation process if it were learned at a later time? It is imperative that we hear this infonnation
from you now, rather than from an outside source or a negative reference. N
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You do understand that via your affinnative or negative responses, as the case may be, you are declaring
that you are free from any past practices, behaviors, legal encounters or actions that would tend to
disqualifY you, or inhibit further consideration of your candidacy. If information is omitted now and
learned later with regard to these questions, your status as a candidate could be immediately terminated or
relinquished.
Next steps: Recommendation on 2/26 to the BCC
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David Weigel 2/11/08 12:45 p.m.
COLLIER COUNTY ATTORNEY SEARCH
Video Interview Questions
1. Describe the elements of your experience and professional training that make you the best and most
qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the
best candidate?
For 22 years, significant practice in govt law in Indiana - state, port commission, state board of
property tax, attorney general, in court all over the state. Several cases on appeal, at the time came to
FL, passed the bar, and had 6.5 yr govt law. Spent 2 yrs in private practice with general practice,
concentrating in family law, health and rehab services, child support, probate, general biz law
incorporations, property matters. When county attorney subject to expand from 3 to 4, selected in
'85. Immediately involved in ordinance, local leg, assignments with county govt. In '88, appointed
chief assistant; after 9 years, county attorney left, board selected him w/o going outside.
Managed the office, chief assist for many years, budgetary review and submittal's, acquainted with
county policy, changing with 5 base commissioners, diff county attorneys. Had opportunity to fine-
tune, work with the commissioners and manager, county heads, includes land use practice,
supervision of attorneys in that proactive, sheriff, supervisor of elections, chief assistant, work with.
Property appraiser and tax collector, knowledge - institutionally and all of the elected officials.
Same for muny, Naples, less with Marco Island, muny activities - annexation, incorporations,
navigation on the Naples Bay, very involved with as well.
2. What do you feel the primary role of the County Attorney should be, relative to the County
Commissioners? The County Manager? Department Directors?
Counsel to them, although the commissioners provide the elected board, policy, see to it that the
policy established is effectively implemented, closely with the County manager too. Developed a
sophisticated request for legal services - tracking, keeping up on issues, timeliness of response.
Subject to receive requests - casual - telephone, paper - request for legal services, convert requests -
date/time/issuer/requester/priority . Pro fonna response - w/I 10 days. For commissioners - faster
response time. System - Client Profiles - file and track info - past and present, great for document
retrieval, filed with subject matter, very good, 2"d to none - lawyer office capability, responding to
issues. F ACA - listen to nuances that may be incorporated,
3. If you were selected/promoted/retained as County Attorney, how would you spend your first 100
days?
Assimilation of budget, policy of Board and County manager. May require a consolidation of Human
Resource that may affect the office. Looking at support staff and attorneys. Looking at retirement,
separation of both, looking at the results of the work during this happening. Involved in significant
litigation - pursuant with the board's approval- activities. Clerk of Courts - Board, BCC, application of
constitutional and statutory law, clerk believed to be interfering with the actions of the board, on appeal
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Collier County Attorney Search
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right now. Involving fiscal matters, contest in the courts, subject to go to trial in mid-March, involved
Associations of County Attorneys, Field ofthe Court brief, FACO, keeping them involved apprised of the
statutory views of the BCC, application to the county govt to the state of FL. Bert Harris claims - private
property rights - land use decisions - working through those, no trial in sight at this time. Important to
the BCC, expanse, landowners - rights have been trampled with the BCC. Scores of eminent domain
cases, rights of way, water/sewer/road development. Working with County Manager's support staff,
significant amounts of parcels of land.
Looking at the process to see what the board wants. Know loopholes in legislation, mandates on
counties, more expressly stated what they are looking for. Bounds of ethics, to the extent they are looking
for these things, look for the client satisfaction they are looking for.
4. Describe your ability and experience in handling sensitive political issues and problems. Use specific
examples.
He doesn't smooze, does not have the political nature. He provides discrete advice, at both board
meetings and individual discussions. Attempt not to be involved in political issues. Do not articulate,
utilize personalities relative to the advice that he gives. He tries to take down the middle, provide
unbiased legal advice. Use Florida association of county attorneys, i.e., hypothetical questions to help
them deal with specific issues. Clerk case - his practice, practice of the attorneys, approach
professionally, not being involved in personalities and issues, provide best advice, make informed
decisions, not looking to spend a lot more time and money getting to the issues they are supposed to make
in court. A void excessive aspects of litigations, handling things with sensitivity and correctness. Some
issues - muny - potentially become explosive through the media; don't use the media for its own breast-
thumping. Client's prerogative, they are very circumspect regarding that.
5. Describe the single most significant case that you have handled for your organization. What was the
disposition of the case? At what level was it appealed? What was the net operating outcome to your
organization?
Clerk case - in favor of Collier County, on appeal right now. State clerk's association is supporting
the court, not the appellate, they are the appellate, defining through the courts, what the legal
processes are for the clerk, interact, and interface with the BCC. Great pride, completed with just I
Assistant County Attorney, I outside attorney, decisively won at the trial level, continuing to handle
prof, add'l appeals; clerk used 6 attorneys, 6 times the expense, processing of these lawsuits. Fiscally
and admin came to successful trial court, point where on appeal, looking forward to the appeals.
Years ago, land use cases - ultimately, major case settled by the board, determined prior to stick with
the detennination. BCC went against his advice, gave straight-forward advice regarding potential for
litigation, insurance paid for the damages.
6. Describe your management style or the style that suits your best. Have you ever had to manage
during a budget reduction? What reductions have you personally had to manage? How did you
detennine the persons affected in your office? How did you advise the Human Resources
organization and Budget Office in handling throughout the organization?
Bi-weekly staff meetings to share info, used to use periodic retreats, at their own expense. More
recently, consistently, chief assistant county attorney, assisted in the role of administrator, using a
strong office manager, terrific in looking at support staff, perfonnance, periodic evalations of the
requests for legal services, see if there are any lagging issues, and maintain consistent and timely
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Collier County Attorney Search
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response. Client profiles, how to deal with certain task - file numbers or subject matter retrievals.
Annual eval of employees, broken into trimester reviews. Determine what is good, issues needing
attention. When final review, ultimate rating/scoring, learn from collegial discussions of the course
of the year.
Budgets are tight, watching things closely, no control over - outside counsel costs. Go to board,
budget conservatively developed, request at a later time. Pre-infonn of issues that will occur, they
know that he doesn't pad his budget, keeps pretty close.
Perfonnance measures - differentiated, probe more in-depth where there are issues. Clients - dept
directors or division admin - receiving back complaints from them. Part of their mantra - want to
achieve client delight, not merely satisfied, instead delighted with what they are doing. May not get
the legal response that they want. Part of their response and relationship - if tell them no, try to tell
them how to get to yes.
Current Situation - not delighting client or David as the County ATtorney. Ultimately may leave the
office, their style wasn't working with his style. Attorney or 2, may have to retire. He prefers to use
their strength, i.e., they may not have good "bedside", consultative manner, but may be good at
writing, legal memoranda, play on the strengths of attorney, avoid the friction with clients -
supervisor or dept. failed repeatedly to adopt measures that make the contracts achieve a faster
standard of review. He and chief or managing assistant, provide a separate view, how the client and
attorney can achieve better working relationships, may involve training or intervention.
Less than full staff, perfonning pretty well. Recently had attorney retire, with their county, city
attorney, counsel to the public service commission. Part of his concept of office mgmt and collegial
employment, those that have knowledge, share with others. Allows office to shine, flexibility for
more than one person to provide insight, this is how they manage with the recent retirement. Tapped
some of his resources before he left, working with the client, working with the utility, build back
expertise in the office, working with the client tor any necessary outside specialist, outside counsel,
can save the county money in the short-term. Look at these things, any discussion, concept - adding,
further reductions, based on sig degree on perfonnance measures to date, vs. length of time in the
office.
7. What specific areas of local government law do you consider to be your primary strengths?
Weaknesses?
Strengths - taxing districts, muny service benefit units, sunshine law, public records act, state and
county ethics laws/ordinances, and contract law. Land use, strong, but manage staff that is more
expert in that area. Comfortable in making recommendations to the BCC.
Muny finance re capital financing, typically use outside counsel, disclose counsel.
8. Describe your role in establishing your organization's philosophy on matters of labor law, land use,
environmental issues, litigation and appeals.
Labor law - knowledgeable of, works with statutory requirements - fed and state, are some elements
that are unionized, very familiar - collective bargaining, constraints of procedure concerning
contracts and the fonnation of unions.
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Land use, attorney, closely aligned with growth management - '85 act created, followed 163 of Fl
Statute, pursuant - growth mgmt plan, comp plan, land development regs and codes, subject to
amendment, never ceases, year to year.
Environmental issue - dept is part of Community Development, attorneys work closely with this
staff, pennitting issues, land use changes requested by prop owners, have to be very knowledgeable re
the requirements of the state, county in the devpt of their own props, work with the state, south
Florida district, occasionally involved in pennit related hearing, Dept of Community Affairs, policy is
to provide service at the state and district pennitting level. County's own growth management issues,
including own county's growth management issue.
Litigation - most handled internally, have different area - significant - real property acquisition,
eminent domain lawsuits, and convinced local govt - 5 dependents on a single lawsuit. Piggyback
and save thousands in lawsuits, capsule together, worked out very well. Lots of lawsuits in that area,
all handled in -house.
Appeals - Clerk - using I outside counsel to assist them, also doing same with Bert Harris Property,
also use for general matters, assists as specialists in local govt law, also outside bond counsel. Have
used since before he came to the office, also used for the FI Association of Counties. Another finn,
specialist in construction law, major construction litigation, currently using in a road construction
case. Also a contract law utility case. Utilities dept has hired their own outside - consumptive use
pennitting process, external that had political contacts as well, not at taxpayer but ratepayer expense.
9. How do you manage the timeliness of your offices work? How do you gauge what other Department
Directors/County Commissioners feel about the quality of your office's work?
5 yrs ago, looked to the outside, asked for external review - perfonnance audit, used Florida Bar,
provide a report, pleased to receive the report, very favorable in management and accountable, light
years ahead of other offices, i.e., document tracking, edification of processes in place. Provided ideas
to implement to work better - report was very salutatory to them.
Not sure of the results of the process improvement status. At the moment, can't recall.
10. What innovative or special programs has your organization created? What legal challenges have been
mounted toward these programs?
Don't submit for national awards - public records - several years provided seminars/lectures, asked
to provide to the airport authority - Naples, School Board, etc.
Personally, he and other attorneys, make available for BCC meeting with external groups, provide
info
II. On what major projects or cases are you now working? What is/are the disposition of the
cases/issues?
See above
12. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy
on the use of outside counsel? What policies or procedures have been established to regulate the use
of outside counsel?
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See above
13. To what degree are you called upon by your organization to meet with outside organizations such as
developers, commercial associations, etc.? What significant items have caused you to be utilized in
that/those instance(s)?
Outside homeowner groups, rotates within attorneys, probably - a meeting every 2 - 3 weeks in the
field, either with constituents, presence of commissioners, or responding to a request to meet with a
homeowner's group. Periodic and relatively constant.
14. What, in your opinion, will be the major legal challenges facing today's local government legal
offices? How do these conditions apply to your organization? How might they apply to the Collier
County?
Budget issues - size of the office, ability to provide client support. Other issues, growth and services.
Constantly looking to see if they can find ways for the local govt to respond to legislation - unfunded
mandates for local govts. Look to other county attorney offices, been an officer for many years, with
the leadership. From that comes with the close relationships, apply legal forces - research and
response, lawsuits that affect all counties, learn about those things. Demand among them, to be as
knowledgeable as they can. Work with the county manager - implement policy, BCC creating
policy, deal with loss in housing sales, reduction in construction - residential, commercial, loss in
fees, not coming in right now.
15. Are there new trends, programs or philosophies within local government law that you would like to
explore or utilize? Please describe.
See above.
16. What is your degree of interest in the job of County Attorney?
Enthusiastic about this work, enjoyed the opportunity to work for this local govt, perhaps from
talking with him, tried very hard to make sure what turns forward through himself and the supporting
attorneys - quality work, not politically biased for the client to make infonned decisions. Like whom
he works with - county attorney's office and the BCC. Appreciate the chance to work as county
attorney, or stay in the office in another role, have historical knowledge that will be helpful further.
Due Diligence Questions
17. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the perfonnance of
duties? If so, explain the circumstances. N.
18. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so,
explain the circumstances. N
19. Have you ever been subject to disciplinary suspension or probation in your adult working career? If
so, explain the circumstances. N
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20. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N
21. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out-
of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits,
or allegations of wrongdoing where your personal actions were the cause of a lawsuit.)
Generally no; '73, Indianapolis - used car that he sold him. Sold it to him $1250, may have paid him
back $200 - 250 to settle the claims.
22. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was
the outcome ofthese allegations? N
23. Is there any reason why you could not fully perform the duties ofthis specific position?
Don't think so, visually impaired, have been functioning in the position at the present time.
Reasonable accommodations/assistance needed.
24. After an offer of employment are you willing to undergo a pre-employment physical if one were
required? After an offer of employment are you willing to undergo a pre-employment or random
drug screening test if one were required? Are you willing to submit to testing by an
organizational/industrial psychologist or management testing firm to detennine fitness for duty? Y
25. Have there been any accusations or charges made against you based on conflicts of interest, improper
behavior or misuse offunds or equipment, or major violations of agency or company policy?
(Conduct that is clearly prejudicial to the good order or discipline of your current or past
agencies/companies) N
26. Have you ever been convicted of a felony offense? N
27. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent
you from being bonded or placed in a position of public trust with fiduciary responsibilities?
May have had credit issues in years' past, medical issues; no known problem with bonding.
"---' -~._- - .....-- ..-------
Suggested Interview Questions - Video
Collier County Attorney Search
Page 7 of?
28. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions
or media organizations with which you have had adverse dealings? Would any of these groups be
prone to discredit your candidacy if your dealings with them were to come to public light? N
29. Is there anything in your background that could be construed as potentially embarrassing, unusual,
controversial or disqualifying in nature to a public or non-profit sector employer regarding your past
employment status or personal conduct? This would include behaviors, habits or practices that might
disqualifY you from consideration for this position. N
30. Is there anything about you that could be potentially embarrassing or disruptive to the candidate
evaluation process if it were learned at a later time? It is imperative that we hear this information
from you now, rather than from an outside source or a negative reference.
You do understand that via your affirmative or negative responses, as the case may be, you are declaring
that you are free from any past practices, behaviors, legal encounters or actions that would tend to
disqualifY you, or inhibit further consideration of your candidacy. If information is omitted now and
learned later with regard to these questions, your status as a candidate could be immediately terminated or
relinquished.
Next steps:
Recommendation of the final 5 to the Commissioners on 2/26.
~---- -<'--.'''~''--~ ---"---..--". --"--'"--
FRoi1 : ANDREA FAX NO. :2153971225
Feb. 152008 10:17AM P2
IriI WATERS-OLDANI
iii EXECUTIVE RECRUITMENT
A Division of The Waters Consulting Group, Inc.
Table of Contents
1. Final Process Overview
2. Sample Final Process Schedules
3. Sample Candidate Welcome Letters
4. Job Offer Considerations
5. Sample Final Candidate Offer Letter
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... -.'--~_._..~--~~---,~._.,"--~."_..^.
-_.'-._--
FROM :ANDREA FAX NO. :2153971225 Feb. 152008 10:17AM P3
Final Process OveMew
Waters-Oldani Executive Recrnianent
Page 2of27
FINAL PROCESS OVERVIEW AND ACTION ITEMS
,
The period prior to candidates' arrival is the time when the search process transitions
from Waters-Oldani to the hiring agency's process. This is also a critical time for the
agency to establish and present itself in the best possible light. Waters-Oldani's Final
Process can be tailored to be either a one-day. or two-day process; with the first day of a
two-day process consisting of a candidate orientation process and the second day set
aside for candidate interview(s). Generally, the candidates arrive the evening before the
overall process begins. Outlined below is a description of actions items for the hiring
agency (e.g. city, county, department, etc.) to complete prior to the final process and a
description of those items to be completed by Waters-Oldani Executive Recruitment.
Waters-Oldani Responsibilities include the following action items:
}> Telephone invitation and confirmation of participation by all final candidates. Will
be followed up with e-mail to each candidate.
>> Compilation of candidate itineraries and communication of candidate arrival
information to the hiring agency.
}- Facilitate comm.unication between candidates and the hiring agency with regard to
potential date/time conflicts, specific information regarding participation of
spouse/significant other, and any other problems or issues that may arise.
}> Provision of sample materials to the hiring agency and assistance in developing f'mal
process schedules, suggested interview questions and job offer considerations. Tbis
information will be provided in a booklet format for the hiring agency to have on
hand at all times.
}> Assistance in development of candidate biographieslS1.l11llIUlries to release for media
purposes andlor recomm.endations for guidelines on when and what information to
release with regard to the final candidates.
Hiring Agency's Responsibilities include the following action items:
)> Many hiring agencies prefer candidates' spouses/significant others to participate in
the final process. If spouses/significant others are invited to participate, the agency
will need to develop a separate orientation agenda for them. The agency will also
need to communicate this preference to Waters-Oldani early in the process.
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FROM :ANDREA FAX NO. :2163971226 Feb. 152008 10:18AM P4
Final Process Oveme\V
Waters-Oldani Executive Reo:uitmenl
Page 3 of 27
)- Candidates should be sent a welcome packet at least three days prior to the start of
the final process. These packets should include the following information:
0 Welcome letter from the hiring manager, chief administrator or Mayor and City
Council
0 *Background information, Le, Chamber of Commerce information regarding the
community, as well as Aruma] Reports and/or Budget Summaries on the agency
0 *Strategic Plan, Annual Goals
0 *Past audit documents
0 Agenda for the two-day process
0 Reimbursement forms/procedures and hiring agency's contact person's name,
ernail address and telephone numbers (include cellular phone number)
0 The names of ManagerslDirectors or panelists who will participate in the process
or be responsible for escortinglhosting the candidates (and partners), as necessary.
*Can also be provided during orientation.
)- Typical1y, candidates make their own airline travel arrangements and the hiring
agency reimburses them directly. Clear and specific instructions for reimbursements,
along with any per diem rules, ",ill need to be provided prior to the trip.
)- The hotel accommodations during the final process period should be made by the
hiring agency for both the candidates and the Lead Consultant(s). These expenses are
billed directly to the client agency.
)- Candidates should also receive specific instructions regarding transportation
arrangements to and from the airport, as well as the various meeting places (this can
be in the form of shuttle service, car rental or sending a representative of the agency
to transport candidates).
) In addition, candidates should receive the ruune and telephone number of a contact
person with the hiring agency to help facilitate their visit. Emergency contact for the
hiring agency should include e-mail, office, cell and/or home phone for after hour
contacts.
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FROM :ANDREA FAX NO. :2163971226 Feb. 152008 10:18AM P5
Final Process Overview
Waters-Oldani Executive Recruitment
Page 4 of27
EXAMPLE
ONE DAY Process
Candidate Interview & Tour Schedule
Thursdav. November 4:
7:30 a.m.-8:00 a.m. Orientation/Welcome for candidates, Conference Center,
Room 103 (Consultant/Client)
8:00 a.m.-8:30 a.m. Interview panel orientation, Conference Center, Room 101
(Consultant)
Room IOI-Panel #1 Room lO3-Panellf2
8:30-9:30 Candidate A Candidate B
9:30-10:30 Candidate B Candidate A
10:30-11 :30 Candidate C Candidate D
11:30-12;30 Interview panel lunch in Room 101, candidate free time
12:30-1 :30 Candidate D Candidate C
1 :30-2:30 Candidate E Candidate F
2:30-3:30 Candidate F Candidate E
3 :30-4:45 Interview Panel Debriefing, Room 101, with Consultant
8:00 a.m.-l0:30 a.m. Tour of community, candidates D, E, and F
1 :30 p.m. - 4:00 p.m. Tour of community, candidates A, :8, and C
(meet outside in front of Conference Center for tours)
4:00 p.m.-7:00 p.m. Candidate free time
7:00 p.m. - 9:00 p.m. Reception for candidates, City Management
and Councilmenlbers
Hilton Hotel, North and South Forty Room
_.._-~-_. - --_.-_.."_..'~'-"'-" ----.-
FROM : ~DREA FAX NO. :2163971226 Feb. 15 2008 10: 19RM P6
Final Pwa:u Overview
WllteD-Oldani Executive Recruitme:!lt
Pro.ge 50f27
EXAMPLE
Sample Two.-Day Process
(Candidates)
!!!I..l
7:30 a.m. -8:00 a.m. Continental breakfast
8:00 a.m. - 8:30 a.m. WATERS.OLDANI Orientation (this can take place the evening
before if candidates' travel arrangements can accommodate) _
logistics, Q & A
8:30 a.m. - 9:00 a.m. Welcome Address - Mayor, City Administrator and/or Hiring
Manager as appropriate
9:00 a.m. - 2:00 p.m. Presentations by staff, city department heads and/or direct reports
to the position. Department stakeholders should be considered for
the orientation proceS$.
2:00 p.m. - 4:00 p.m. Tour of community, facilities, following completion of orientation
"'4:00 p.m. - 5:00 p.m. Interview Panel's orientation/question review with
WATERS-OLDANI representative
6:00 p.m. - 7:30 p.m. Reception (community fonun can also be scheduled ifappropriate)
7:30 p.m. - 9:00 p.m. Dinner (i.e., Council. Mayor, select Departmental Managers and.
candidates/partners)
.Note: If possible, Waters-Oldani (WATERS~OLDANr )sbould have approximately one
to one and one-half hours of Interview Panel orientation prior to any social
functions.
Jaa
8:00 a.m. - 8:45 a.m. Finalization of Interview Panel(s) questions/methodologies
E.ollJn.a i!.2QmJl
Panel Interviews Individual Interviews
(Hiring Manager(s)
9:00 a.m. - 10:00 a.m. Candidate A CandidateB
~. ~ -
.- -.
Final Pro~5S Overview
Witers-Oldani Executive Recruittnetlt
Page 6 of27
11:30 a.m. -12:30 p.m. Interview Panel Lunch Candidates free or
, d' 'dual" 't!,
1D lVI pamngs WI
Department Directors
]N~ ~.m. -1~1~ p.rn CIDuiaare C Canwaa1e D
.-. ,~-- .. ~... ....-... ~-~~_.- -
.,,- ~~.-""'_._. ,-.-,-"- -..-. -'-"~~">: "''''''''',':-~'~-'
~(,_"._~.,.. : _.__... .._ ..m.
"",~~~~_~JlL~~~9mlJo 1l~."
..~._.._---'-_....- ___m______.." ..~~---.. ,. ------,-
FROM :ANDREA FAX NO. :2163971226 F~b. 15 2008 10:20AM P1
Final Process Overvic'W
Woters-01dani Executive Recruitment
Poge 6 of 27
11 :30 a.m. - 12:30 p.m. Interview Panel Lunch Candidates free or
individual pairings with
Department Directors
12:30 p.m. -1:30 p.m. Candidate C Candidate D
1 :45 p.m. - 2:45 p.m. Candidate D Candidate C
3 :00 p.m. - 4:00 p.m. Candidate E Open
4:15 p.m. -5:15 p.m. Open Candidate E
5~30 p.m. - 6:45 p.m. Interview Panel(s) Debriefing
Sample Two-Day Process
(Spouse/Significant Other)
If spouses/significant others are invited, they should be included in the reception and
dinner sessions on Day 1. In addition, they should have their own agendas, such as the
following, depending on the composition of the group.
l!!tl
8:00 a.m. - 9:00 a.m. Welcome breakfast (hosted by assigned staff or key community
leaders)
9:00 a.m. -11:30 am. Presentations by representatives of the School District,
Board of Realtors (re property values and availability; and
Chamber of Commerce on jobslbusiness opportunities.
11:30 a.m. -1:30 p.m. Lunch/Ptesentation by HR representatives on benefits, etc.
2:00 p.m. - 4 p.m. Community tour either with or separate from candidates
6:00 p.m. - 7:30 p.m. Reception (with spouse/significant other)
7:30 p.m. - 9:00 p.m. Dinner (with spouse/significant other)
Dav2
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FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:20AM P2
Final. Process Overview
Waters-Oldani Executive R~tment
Page 7 of 27
Individual tours with realtors, specific neighborhoods, school visitations. As an option,
individual meetings with career counselors can be offered, if appropriate. The hiring
agency may want to assign a hostJhostess to ensure that spouse/partner needs are
reasonably accommodated, especially if interviews take place over a weekend.
Note: Waters-Oldani can provide samples of welcome letters, activity
schedules/interview notices or additional information that could assist you.
However, each client typically desires to imprint their own style in terms of
volume of material, nature/type of letters, etc. We will do our utmost to
accommodate your special needs or interests.
Note: Dependent on the level of the position(s) being recruited, the hiring agency may
want to place a gift basket (fruits, nuts, candies), a giveaway gift like a "key to the
City", t-shirts/hats or similar items as an additional welcome item in the room.
Historical books Or photograph albums, if already published, are also good ideas
and reflect pride in the community.
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FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:21AM P3
Final Process Overview
Waters-Oldani Executive Rocruitmcnt
P~ge 8 of 27
EXAMPLE
Welcome Letter (1)
Candidate Name May 6, 2004
Home Address
City, State ZIP
Dear Mr. ,
First, let me offer my personal congratulations on your selection as one of six fmal
candidates for the position of Executive Director of the Port of Oakland. I would also like
to thank you for your participation as we move forward to the next step of the process.
A special meeting of the Board of Port Commissioners will convene on Friday May 21st
in the Port of Oakland's Board Room to conduct candidate interviews. Your interview is
scheduled to begin at and will last approximately sixty minutes.
Reservations have been made at the Waterfront Plaza Hotel for Thursday May 20th and
Friday May 21't, under the name "Dan Westerlin". You may change this to your name
upon arrival at the Hotel. The Hotel is conveniently located in Jack London Square
directly across from the POIt of Oakland's offices and may be contacted at (510) 836-
3800. Additional information is available at www.waterfrontn1aza.com.
Please make your travel arrangements as necessary to be available for your personal
interview. You will be individually escorted from your hotel room to the Board Room
approximately ten minutes before the scheduled interview time.
The Port of Oakland will fully reimburse you for coach class airfare to Oakland
International Airport, additional transportation costs, and meals related to your travel for
the selection process. We will discuss the reimbursement procedures during your stay in
Oakland.
Enclosed you will also find basic background information on the Port of Oakland that
you may find useful. Additional information is available on the Port's web site at
www.nortofoakland.com.
0-'''-- ..-.._--,<~- M.~___~'- -_._-_..~._-----
FAX NO. :2163971226 FEb. 15 2008 10:21AM P4
FROM :ANDREA
Final Proce., Overvi<w
Worer,-Oldani Executive Recruitment
Page 9 of27
The week of May 10'" I will be traveling on business, returning to the office on Monday
May 17th. If you have any questions or require coordination in the meantime, please feel
free to contact Mr. WOER Consultant directly. You may also contact me via email at.
Again, congratulations, thank you for your participation, and may 1 wish you the very
best.
Sincerely,
Executive Director
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"--..---.-..
FROM :ANDREA FAX NO. :2153971225 Feb. 15 2008 10:22AM P5
Final Proce." OvernLw
Waters-Oldani Executive Recruitment
Page 10 of 27
EXA,MPLE
WelCQme Letter (2)
Candidate May 11th,
2004
Home Address
City, State ZIP
Dear Candidate
First, let me offer my personal congratulations on your selection as one of five final
candidates for the position of City Administrator of the City of Long Beach. I would also
like to thank you for your participation as we move forward to the next step of the
process.
A special meeting of the City of Long Beach City Council will convene on Saturday June
12m in the City of Long Beach Train Depot to conduct candidate interviev,ls. Your
interview is scheduled to begin at and will last approximately sixty
minutes.
Reservations have been made at the Boreas Bed and Breakfast for Thursday June 10th and
11 th under the name" n. You may change this to your name upon
arrival at. Boreas is conveniently located at 707 North Ocean Beach Boulevard and 6
blocks directly north from the City of Long Beach City Hall. Boreas may be contacted at
360-642-8069 or toll free at 888-642-8069. Additional information is available at
htto://www.boreasinn.com.
Please make your travel arrangements as necessary to be available for your personal
interview. You will be individually escorted from Boreas to the Train Depot
approximately ten minutes before the scheduled interview time.
The City of Long Beach will fully reimburse you for coach class airfare round trip to
Portland (Oregon) International Airport (PDX), additional transportation costs, and meals
related to your travel for the selection process. We will discuss the reimbursement
procedures during your stay in Long Beach.
Enclosed you will also find basic background information on the City of Long Beach that
you may find useful. Additional information is available on the Visitor's Bureau web site
at www.funbeach.com.
You will be on your own on June 10th. If you require or need special dietary meals,
vegetarian meals, please contact City Hall at 360-642-4421 (Linda Bledsoe or Sandy
Alves) to make arrangements.
'---'--" --,-,.',~_. --,-,.._- -'-'-~-'-'--'
FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:22AM P6
Fin21 Process Overview
Watt.~r~-Oldani Executive Recruitment
Page 11 of 27
Your personal itinerary is enclosed for your review. In summary, the process will
include:
. Candidates and spouses arrive at lodging: June 10 Boreas Bed and
Breakfast
. Candidate orientation with city staff: June 11 Long Beach Train
Depot
. Candidates and spouses tour community: June 11 Long BeachlIlwaco
vicinity
. Candidates and spouses dinner w/ city council: June 11 Location to be
detennined
. Candidates interview with council: June 12 Long Beach Train
Depot
If you have any questions or require coordination in the meantime, please feel free to
contact Mr. WOER Consultant directly. You may also contact me via email at
ken4ulb@vahoo.com
Again, congratulations, thank you for your participation, and may I wish you the very
best.
Sincerely,
Ken Ramsey
Mayor of Long Beach
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FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:23AM P7
Final Process Overvie-..v
Wlilters-Oldani Executive Recruitment
Page 12 of 27
City of Long Beach
City Administrator Recruitment
.June 10to, 11th, 12th, 2004
Thursdav. June 10
7:00 PM Candidates orientation with WOER Consultant, Long Beach
Mayor Ken Ramsey at Boreas
Fridav. June 11
7:30 a.m. Continental Breakfast (coffee, fruit, muffins) available at Long
Beach City Hall for interview participants. Meet Department
Heads and City Staff.
8:00 a.m. City Hall administrative (court staff, administrative staff)
8:30 a.m. Finance Director
9:00 a.m. Community Development Director
9:30 a.m. Water!Sewer Supervisor
10:00 Break
10:00 Streets!StormwaterlParks Supervisor
10:30 Police Chief
11:00 City Attorney
11:30 President, Pacific County Friends of Lewis and Clark
12:00 Noon Candidates Lunch with Mayor and Department Heads
1 :00 p.m. Executive Director, Long Beach Visitor's Bureau
2:00 p.m. Editor, Chinook Observer
2:30 p.m. Candidates and spouses tour City of Long Beach and nearby
enVIrons
4:00 p.m Council meets with WOER Consultant at City Hall for review
4:30 p.m. Candidates return to Boreas Bed and Breakfast
"-"-~_.,_..._- "._.."~. .~---""' -~._.--.,.. n..___.____
FROM :ANDREA FAX NO. :2153971225 Feb. 15 2008 10:23AM P8
Pinal Process Ove1"View
Waters-Oldani Executive Recruitment
Page 13 of27
6:00-7:30 p.m. Dinner with candidates, spouses, council and mayor
Spouses' Orientation
Saturday, June 12'b
10:00 am Linda Rotmark, Executive Director, Pacific County EDC:
Pacific County employment opportunities
11:00 am Tom Lockyer, Superintendent of Ocean Beach School District
# 10 I: Educational opportunities available
12:00 Lunch with Carolyn Glenn (citizen):
Cultural and Recreational opportunities
2:00 Broker
Property and homes in the Long Beach Peninsula vicinity
Saturday. June 12th
8:00 a.m. Coffee, juice, water, baked goods available at Long Beach Train
Depot
8:00-9:00 a.m. Council meets with WOER Consultant
Time Candidate Interview Location
. Panel
8:00 a.m. Candidate A I Mayor and Long Beach Train Depot
i Council
9:15 a.m. Candidate B Mayor and Long Beach Train Depot
: Council
10:30 Candidate C Mayor and Long Beach Train Depot
Council
Chen's, Debi's Deli,
11:45 a.m. Lunch. on own Dooger's, Be Bop Diner,
(all within walking
distance)
._~.~~-~.."-=~- _____._~___~,. _.0 -.----
~._-"._._...-
FAX NO. :2163971226 Feb. 15 2008 10:24AM Pi
FROM :ANffiEA
Final Process Overview
Waters-Oldani Executive Recruitment
Page 14 of 27
1:00 p.m. Candidate D Mayor and Long Beach Train Depot
Council
12:15 p.m. Candidate E Mayor and Long Beach Train Depot
CoUncil
3:30-5:00 WOER Consultant Mayor and Long Beach Train Depot
p.m. Council
6:00+ WOER Consultant contacts candidates
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-.----.. .--
FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:25AM
P2
Final Proe.., OvCJ:View
Wat."".Oldani Executive Recruitment
Page 15 of27
JOB OFFER CONSIDERATIONS
The following is a list of issues/options that need to be addressed when developing the
employment offer for the selected candidate. A further description of each area is offered
on the next pages.
A. Salary G. Supplemental Living Allowance
B. Car H. Severance Pay
C. Vacation 1. Retirement
D. Sick Leave J. Supplemental Retirement
E. Insurance K. Performance Evaluations
F. Moving Allowance L. Business Expenses
M. Starting Date
N. Moving Trips
O. Professional Dues
P. Professional Education
Q. Misc. Conditions
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FROM :ANDREA FAX NO. :2153971225 Feb. 15 2008 10:25AM P3
Final Proces$ Overview
Waters. Oldani Executive RectuitmellC
Page 16 of 27
JOB OFFER ISSUES AND OPTIONS
A. SALARY
l. Annual base
2. Merit consideration dates, timeframes
B. CAR
l. Options
a. Individually leased vehicle
b. CompanylMunicipality-owned vehicle (from motor pool)
2. Allowable usage
C VACATION
l. Standard for previous employee in the position
2. Credit for years of experience and placement at appropriate level in the
standard policy
3. Progress with ensuing years
D. SICK LEAVE
l. Standard policy
2. One year's credit plus standard policy
E. MEDICAVDENTAI/LIFE INSURANCE
1. Amount of coverage and payment for candidate/employee in each area of
insurance
2. Qualification of dependents
3. Supplemental life insurance for candidate/employee
F. MOVING ALLOWANCE
1. In addition to the expenses of moving the general household, some items
need to be specified, such as moving boats, antiques and real estate costs,
etc.
2. Employee is reimbursed for moving costs or submits bids from moving
companies
3. "Pay backs" or bridge loans and repayment schedule and interest
G. SUPPLEMENTAL LIVING ALLOWANCE
1. In the event the employee is forced to establish a temporary second home,
Le. pending sale of home and/or family moving, additional compensation
mav be offered. Generally a dollar amount per month (based on current
market for adequate rental property)
2. Dw-ation of allowances should be specified
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.._..~--~_. .,,-,-,--< -'---"--'--~-
FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:26AM P4
Final Process Overnew
Waters-Oldani Executive Recruitment
Page 17 of 27
H. SEVERANCE PAY
1. A specific amount or indication of amount with negations allowed, after a
specific length of employment
[. RETIREMENT
I. Specific amount of deferred retirement compensation and to which fund
2. Range of retirement compensation and criteria for receiving the annual
contribution
J. SUPPLEMENTAL RETIREMENT
1. In situations where switching funds is required and length of service must
be completed prior to enrollment, some compensation may be offered to
offset the transfer. generally subject to a specific length of service
requirement. Example: Candidate bas been receiving $2,000 annually for
retirement in state A. State B's retirement requires a minimum of two
years' length of service to qualify.
K. PERFORMANCE EV ALVA TIO:-l
1. Specific times during first year
2. Annual evaluations subsequently
L. BUSINESS EXPENSES
1. Options
a. Specific budget amount and what expenses qualify
b. Standard policy
c. Qualified expenses - no budget amount
M. STARTING DATE
N. MOVING TRIPS
I. Specific number of trips
2. Employee and spouse
O. PROFESSIONAL DUES
1. Specific conferences/seminars
2. Formal education allowance
3. Standard educational reimbursement policy
P. PROFESSIONAL EDUCATION
l. Specific conferences/seminars
2. Formal education allowance
3. Standard education reimbursement policy
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FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:26AM P5
Final Proce.. Overview
Waters-Oldani Executive Recruitment
Page 18 of 27
Q. MISe. CONDI'nONS
1. Specific date by which the candidate's decision is expected
2. Method of acceptance, Le. phone, writing, in person
3. Additional, specific criteria
.'.----.-".. . '^_...,.._.._---~ .... ._~--_..~-.~,.. -.""----
FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:26AM P6
Final Process Ovemew
Waters-Oldani Executive Recruitment
Page 19 of 27
EXAMPLE
Offer Letter (I)
March 25, 1999
Candidate John Smith
1060 S. McKinley Road
Toppenish, Washington 98948
Dear John:
On behalf of the Board of Directors of Shaan-Seet, Inc. we are pleased to offer you the
position of General Manager of the corporation. This Letter of Agreement will confirrn
the details of your conversations with WOER Consultant on March 23 and 24, 1999. The
position of General Manager carries with it all of the attendant duties described in the
Recruiting Brochure and those duties and responsibilities that may be lawfully prescribed
by the Board according to our Charter and By-laws. This offer of employment is
tentative pending approval by the full Board of Directors we will be polling. The
following terrns and conditions apply:
A. SALARY - Smith's starting salary will initially be $7,166.67 per month ($86,000
annualized) and will be subject to review at the six month anniversary date of
employment for merit consideration not to exceed eight percent of the initial
salary.
B. PERFORMANCE EVALUATION and MERlT CONSIDERATION - Smith
will receive a written evaluation at the six and twelve month anniversary dates,
annually thereafter. Merit consideration will be reviewed at least once each year
or more often if the Board of Directors so indicates. Such salary increase will be
based upon performance at least once during each year of employment.
C. VEHICLE UTILIZATION - Sbaan-Seet, Inc. will provide a late model vehicle
for general purpose and business use on Prince of Wales Island. Smith shall
maintain the vehicle in proper condition with all insurance and maintenance
provided by Sbaan-Seet, Inc. However, any damage or claims resulting from mis-
use, gross negligence or unlawful intent shall be the responsibility of Smith.
D. VACATION ACCURAL - Shaan-Seet, Inc. will provide Smith the vacation
equivalent of two (2) weeks (10 days) on the first day of employment. Smith
shall then accrue additional vacation in accordance with normal Sbaan-Seet, Inc.
policy. Utilization of such benefits will be accounted for by mernorandwn or
other standard record/time keeping procedures.
~^-- ., .~~-> __~__~,"..._m.w" --_.._---~
FROM :ANDREA FAX NO. :2153971225 Feb. 15 2008 10:27AM P7
,
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W'lI.tar>:<-Oldan; E1eo.J.tive R.ecrulttncnt
T"~20of27
E. EMPLOYEE BENEflTS - Shaan-Seet, Inc. shall provide other standard
employee benefits for medical, dental, vision, life insurance, disability and
retirement proscribed in written corporate policy.
F. DUES, SUBSCRlPTIONS, EXPENSES - Smith's hours of work, dues,
subscriptions, professional development, memberships and general expenses shall
be in acoordance with the guidelines of Shaan-Seet, policies unless inconsistent
with the provisions of this Letter of Agreement. Shaan-Seet shall pay
membership fees for such standard associations and attendance at recognized
conferences of professional organizations necessary for Smith to fully discharge
his duties and responsibilities. General expenses for such activities shall be in
accordance with budgetary/fiscal guidelines approved annually by the Board of
Directors.
G. RELOCATION, HOUSING ALLOWANCE AND RELATED EXPENSES-
I. Shaan-Seet, Inc. will provide Smith with standard relocation costs for
movement of household goods, which includes packing and unpacking. Thee
(3) bids from qualified, bonded moving services must be obtained and
submitted to Shaan-Seet, Inc. Smith will select the lowest responsible bid for
movement of those goods. Shaan-Seet, Inc. reserves the right to decline
payment for the movement of unusual items such as antiques, large musical
instrwnents, non-household pets, non-standard motor/recreational vehicles
and similar items. At Smith's discretion, billing for moving expenses may be
arranged directly witb Shaan-Seet, Inc. and the moving company.
2- Shaan-Seet, Inc. agrees to provide Smith with one "house-hunting" trip, not to
exceed five (5) days in duration and associated travel expenses between the
date of Agreement acceptance and starting date of employment. Smith agrees
to hold such expenses to reasonable and customary charges.
3. Shaan-Seet, Inc. agrees to provide Smith with up to 60 days "temporary living
quarters" at the Haida Way Lodge should adequate housing not be available
during the initial days of his employment. This arrangement may be extended
in thirty-day increments upon request of Smith and by approval of the Board
of Directors. In no case would this temporary housing arrangement exceed a
total of one hundred twenty (120) calendar days or four (4) months. For
budgeting purposes, the daily rate will be computed at a Shaan-Seet, Inc.
preferred rate.
4. Upon establishment of personal residence by Smith, Shaan-Seet, Inc. agrees to
provide a Supplemental Housing Allowance of $700.00 per month for the
duration of his full-time employment. Said allowance will be paid monthly
and shall be terminated at the conclusion of full-time employment. The first
such payment shall be made to Smith 30 days after establishment of his fuU-
time residence on Prince of Wales Island.
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FROM :ANDREA FAX NO. :2163971225 Feb. 15 2008 10:28AM PB
Final Process Overview
Waters-Oldani Executive Recruitment
Poge 21 of 27
5. Smith agrees to reimburse Shaan-Seet, Inc. any and all relocation
expenses/special allowance (contained ~ Gl through G~ above) sh~uld he
voluntarily terminate employment, according to the folloWIng schedule.
Time Frame Reimbursement
Schedule
1" Day to 12 months 100%
12 months to 18 months 75%
18 months to 24 months 50%
24 months to 36 months 25%
After 36 months 0%
H. SEVERANCE PAY - In the event the Board of Directors terminates Smith'.
employment as General Manager while he is willing and able to perform the
duties of said position, Shaan-Seet, Inc. shall compensate Smith in an amount
equal to three (3) months salary (not including benefits) for his first year of
employment. The amount of severance pay shall be increased by one (1) month
per year of service completed not to exceed a total of six (6) months severance
pay upon completion of three years of employment and thereafter.
1. RELINQUISHMENT OF SEVERANCE PAY and BENEFITS - In the event
that Smith is terminated due to conviction of any illegal act involving personal
gain to himself, gross negligence, or felony matters, then the Board of Directors
and Shaan-Seet, Inc. shall have no obligation to pay the sums specified in
paragraph H above.
J. TERMINATION OF BENEFITS - Upon termination from the office of General
Manager, Smith shall receive compensation for all accrued vacation and such
termination benefits which are provided by Shaan-Seet, Inc. policy.
K CONSTRUCTIVE NOTICE - If Smith voluntarily resigns his position as
General Manager, he shall provide the Board of Directors with a minimum of 30
days notice, in advance, unless otherwise granted relief by the Board of Director..
L. INDEMNIFICATION - Shaan-Seet, Inc. shall defend, indemnifY, and hold
harmless Smith against any and all claims, demands, suits, actions or proceedings
of any kind or nature arising out of the performance by Smith of his duties and
responsibilities as General Manager, provided Smith's performance is not
contrary to established ordinances, resolutions, policies and reasonable standards
of conduct adopted by the Board of Directors.
M MODIFICATION OR CHANGES TO AGREEMENT - Any modification of
this Letter of Agreement must have the conCWTence of the majority of the Board
of Directors
,. -_. --~...- ~_.__._-----._.
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FROM :ANDREA FAX NO. :2153971225 Feb. 15 2008 10:28AM P9
Final Process Overview
W.ten.Old2ni Executive Recruitment
Page 22 of27
N REPORTING DATE - Smith agrees to report for employment on or before May
3, 1999, if practical.
GENERAL PROVISIONS
1. This Letter of Agreement shall be governed by such charter, ordinances,
rules/regulations and .policies established by Shaan-Seet, Inc.' s Board of Directors
unless otherwise specifically provided herein.
2. Smith agrees to sign and return both the facsimile copy of this Letter of
Agreement within 48 hours of receipt and the actual Employment Agreement
within 48 hours of receipt of said documcnt(s).
3. The Board of Directors agree to open discussion with Smith, after completion of
one full-year of service, regarding the creation and potential establislunent of a
bonus/incentive plan for the General Manager which would be tied to increases in
net profitability (either by line of business, total corporate profitability or both).
4. Smith agrees that his employment is contingent upon the satisfactory completion
of a Drug Tolerance Screening Test and for Employment Physical or both as
determined by the Board of Directors. Such tests/examinations shall be paid for
by Shaan-Seet, Inc. FAILURE TO PASS IHE REQUIRED EXAMINATIONS
WILL RENDER THISAGREEMENTNULLAND VOID.
5. Smith acknowledges that he is an "at-will" employee and may be terminated at
the discretion of the Board of Directors for any reason, that is non-discriminatory,
that the Board offers.
6. Shaan-Seet, Inc. acknowledges Smith's commitment to his tribal heritage and
agrees to allow reasonable time off (to be charged against accrued vacation or
other benefits provided) for Smith to attend tribal functions, generally held in late
May and October of each year.
7. Any disputes or needed clarification arising out of the interpretation of this Letter
of Agreement shall first be resolved through mutual discussion of Smith. Shaan-
Sect, Inc., and The Oldani Group, Inc.
8. The general terms of this Letter of Agreement shall remain in force for a period of
at least three (3) years unless modified by mutual agreement of Smith and the
Board of Directors.
John, the Board of Directors and staff of Shaan-Seet, Inc. look forward to yom leadership
and guidance as we enter a new phase of growth and development, challenges and
success together. Please sign and date this original letter where indicated and return it to
Shaan-Seet, Inc. offices within
48 hours of receipt both by Fax and expedited mail. A copy is enclosed for your records.
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FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:29AM P10
Final Process Overview
Waters-Oldani E""""cive Recruitment
Page 23 of 27
Welcome to Shaan-Seet, Inc.; Craig, Alaska; and Prince of Wales Island!
Sincerely,
A. Webster Demmer!, III
Chairperson
For the Board of Directors
Shaan-Seet, Inc.
AGREEMENT ACCEPTANCE
Candidate John Smith Date
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FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:29AM P11
Final Process O..ervi<.'W
Waters-Oldani Executive Recruitment
Page 24 of 27
Example
Offer Letter (2)
June 14, 2004
NAME
Address
Dear
It is my pleasure to extend this offer of employment to you to serve as City Administrator
for City of Long Beach. This Letter of Agreement/Memorandum of Understanding will
solidifY the discussions that you have had with Mayor Ramsey of the City of Long
Beach, Washington beginning Saturday, June 12,2004. The provisions contained in this
letter/memorandum are subject to modification if found to be in conflict with any existing
law, subject to your agreement. This offer of cmployment and the provisions contained
in this letter/memorandum are also subject to the final approval of the City of Long
Beach's City Council.
A. SALARY - Your starting salary shall be $ monthly ($ annualized)
payable in accordance with normal payroll policy and practices.
B. PERFORMANCE EVALUATION AND MERIT CONSIDERATION - You will
receive an evaluation at the anniversary date of employment and annually thereafter.
Merit Consideration will be prOvided once each year. Such salary increases, if
given, will be based upon satisfactory or better perfonnance during each year of
employment.
C. PERSONNEL LEAVE - The annual Personnel Leave will be 30 days; however, the
remainder of the first year will be prorated at 2.5 days per month. A maximum of 10
days can be carried over annually.
D. EMPLOYEE BENEFITS - The City of Long Beach will provide standard medical,
life insurance, disability, state retirement, full family coverage for medical and dental
insurance and will be subject to change should the City's benefits structure change.
E. HOURS OF WORK. JOB DUTIES. PROFESSIONAL DEVELOPMENT.
EXPENSES - Your hours of work, dues, subscriptions, professional development,
memberships, and general expenses shall be in accordance with the guidelines of the
City of Long Beach policies. The City of Long Beach wishes to encourage your
continued participation in the Association of Washington Cities and lCMA
membership and conferences and other profeSSional associations. Every good faith
effon will be made to provide you with the funds and time away from work needed to
attend the annual professional meetings sponsored by those organizations. The City
of Long Beach will endeavor to provide you with the funds to pay membership fees
.--.-,.. ,..--. ~-^~.-_.. "~---
FROM :RNDRER FRX NO. :2163971226 Feb. 15 2008 10:30RM P12
Final Process Overview
Waters-Oldani Executive Reo:citment
Page 25 of 27
and travel expenses for your attendance at these professional meetings. The City of
Long Beach shall also endeavor to pay for your membership in such other standard
associations, your attendance at recognized conferences of professional organizations,
and the professional development necessary for you to fully discharge your duties and
responsibilities. The City of Long Beach will pay for the educational expense and
other related expenses (to be supported by receipt) for NAME to become a Certified
Economic Development professional. The City of Long Beach policy requires that
any air travel on City business or for attendance at professional meetings be at
standard coach or economy airfares or discounted coach or economy airfares (when
available). City policy also places a per diem limit on travel expenses beyond air fare
and hotel accommodation. That per diem is currently $30 per day. General expenses
for all such activities shall be in accordance with budgetary/fiscal guidelines
approved annually and periodically adjusted by the City Council. No guarantee can
be offered that the City Council will approve any funds for travel to or participation
in professional meetings. The availability of such appropriations must depend from
year to year upon the overall fmancial condition of the City and the political will of
the majority of the City Council.
F. RELOCATION. HOUSING ALLOWANCE. AND RELATED EXPENSES
A one time relocation allowance for all relocation aspects associated with becoming
the new City Administrator in the City of Long Beach, Washington.
You agree to reimburse the City of Long Beach for any and all of the one-time
$12,000 relocation allowance should you voluntarily terminate your employment
according to the following schedule:
Reimbursement
Time Frame Schedule
I" day to 12 months 100%
12 months to 18 months 80"/0
18 months to 24 months 60%
24 months to 30 months 40%
30 months to 30 months 20%
After 36 months 0%
G. SEVERANCE PAY - In the event that the City of Long Beach terminates NAME as
the City Administrator while he is willing or able to perform the duties of said
position, the City shall compensate NAME in an amount equal to three months salary
(not including benefits) for his first year of employment. The amount of severance
pay shall be increased by one (l) month per year of service completed, not to exceed
a total of six (6) months severance pay completion of three years of employment and
thereafter.
H. RELINOUISHMENT OF SEVERANCE PAY AND BENEFITS - In the event
that NAME is terminated due to conviction of any illegal act involving personal gain
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FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:30AM P13
Final Proce.. OvetView
Waters-Oldani Executive Recroitment
Page 26 of27
to himself, gross negligence, or felony matter then the City of Long Beach shall have
no obligation to pay the sum specified in paragraph G above. Upon termination from
the position of City Administrator, NAME shall receive compensation for all accrued
benefits and such termination benefits which are provided by the City of Long Beach,
Washington.
I. CONSTRUCTIVE NOTICE - If you voluntarily resign your position as City
Administrator, you shall provide the City of Long Beach with a minimum of 30 days
notice, in advance, unless otherwise granted relief by the City Council.
J. INDEMNIFICATION - The City of Long Beach shall provide you with coverage
under a directors and officers liability insurance policy provided that your
performance is not contrary to established resolutions, policies, and reasonable
standards of conduct adopted by the City Council.
K. MODIFICATION OR CHANGES TO AGREEMENT - Any modification of this
Agreement must have the concurrence of the City Council, be in writing, and be
signed by both parties.
L. REPORTING DATE - You agree to report for employment on or before .
2004 jf practical.
GENERAL PROVISIONS
1. This agreement shall be governed by the City of Long Beach ordinances and by the
rules/regulations, and policies established by the City Council.
2. You agree to sign and return the electronic mail copy of this Agreement by facsimile
to by 5:00 p.m. Pacific Time on Thursday, June 17,2004. You also agree
to sign and return this actual Employment Agreement within 48 hours of receipt of
said docwuent.
3. Any disputes or needed clarification arising out of the interpretation of this
Agreement shall first be addressed through discussions to include you, Mayor
Ramsey from the City of Long Beach, Washington and The Oldani Group, Inc.
Mr. NAME, the staff of the City of Long Beach and I are looking forward to your
leadership and guidance as we enter a new phase of growth and development, challenges,
and success together. We look forward to providing whatever assistance you may need
during the transition period. Please sign and date this originailetter where indicated and
return it to my office within 48 hours of receipt both by facsimile transmission
and expedited mail. A copy is enclosed for your records.
Welcome to City of Long Beach.
Sincerely,
.-- -- ,-..~-,- ._..._-~- ----~.,- -_."._--,-_._~--
FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:31AM P14
Final Proc(:,'Ss Overview
Walas-Oldani Executive Recruitment
Page 27 of 27
Mayor Ken Ramsey
AGREEMENT ACCEPTANCE
NAME Date
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