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Agenda 10/11/2022 Item #16K1 (To complete the performance appraisal of the County Attorney)10/11/2022 EXECUTIVE SUMMARY The Annual Performance Appraisal for the County Attorney OBJECTIVE: To complete the performance appraisal of the County Attorney. CONSIDERATIONS: The County Attorney reports directly to the Board of County Commissioners. In order to ensure that the County Attorney Office work performance is coordinated with the direction of the full Board, an annual appraisal and merit consideration are provided in the County Attorney Employment Agreement. The Agreement provides in relevant part as follows: “Section 8: Performance Evaluation The Employer shall review and evaluate the performance of the Employee in accordance with the performance-based merit system as provided in Section 7. Written evaluations based on said performance system will be provided by each County Commissioner to Employee prior to September 1, 2009, and prior to each September 1st thereafter for the term of this Agreement. A summary of all evaluations will be prepared by the Board Chair for the Board and Employee including the recommended merit wage adjustment. A merit system wage adjustment will take effect on October 1, 2009 and each October 1st thereafter for the term of this Agreement. An updated performance merit system for Employee will be developed in good faith between the Board of County Commissioners and Employee and adopted by the Board prior to October 1st of each fiscal year for implementation in the next fiscal year.” Section 7 provides in relevant part as follows: “Section 7: Salary B. Employer and Employee shall negotiate in good faith to establish, within one hundred and twenty (120) days after execution of this Agreement, a performance based merit system through which the Employee shall be eligible for a merit adjustment upon the successful completion of measurable goals and objectives to be completed or attained by the Employee during the 2009 fiscal year and each fiscal year thereafter during the term of this Agreement. Such annual performance based merit adjustment shall not exceed a maximum of ten percent (10%) of the Employee’s annual base salary. The minimum increase for satisfactory performance under such performance based merit system will equal the average percentage salary adjustment provided to all County employees for the given fiscal yea r or three percent (3%) whichever is greater. All such merit adjustments shall be included in the Employee’s base salary.” The annual work plan (Action plan) was previously developed with the Board. The County Attorney has been available to meet individually with commissioners and has provided a self-appraisal relating to the performance standards for review. A copy of the Performance Appraisals conducted by each Commissioner is included in the back-up. As in past years, the County Attorney waives any merit adjustment. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. 16.K.1 Packet Pg. 768 10/11/2022 RECOMMENDATION: The Board of County Commissioners completes the annual performance appraisal process for the County Attorney. Prepared by: Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Jeff Klatzkow Self Evaluation - Action Plan for FY 21-22 (DOCX) 2. LoCastro JAK evaluation 2022 (PDF) 3. McDaniel JAK evaluation 2022 (PDF) 4. Saunders JAK evaluation 2022 (PDF) 5. Solis JAK Evaluation 2022 (PDF) 6. Taylor JAK Evaluation 2022 (PDF) 16.K.1 Packet Pg. 769 10/11/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1 Doc ID: 23519 Item Summary: The Annual Performance Appraisal for the County Attorney Meeting Date: 10/11/2022 Prepared by: Title: Sr. Operations Analyst – County Manager's Office Name: Geoffrey Willig 10/03/2022 3:33 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 10/03/2022 3:33 PM Approved By: Review: County Attorney's Office Geoffrey Willig Level 2 Attorney Review Skipped 10/03/2022 3:28 PM County Attorney's Office Geoffrey Willig Level 3 County Attorney's Office Review Skipped 10/03/2022 3:28 PM Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 10/03/2022 3:28 PM Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 10/03/2022 3:28 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/04/2022 10:53 AM Board of County Commissioners Geoffrey Willig Meeting Pending 10/11/2022 9:00 AM 16.K.1 Packet Pg. 770 Page 1 of 10 FY 2021 / 2022 Action Plan and Self Analysis Jeffrey A. Klatzkow, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. The County Attorney is the legal advisor and counsel for the Board of County Commissioners, its advisory boards and advisory committees. The County Attorney also provides legal counsel to and assists the County Manager and his agencies in order to facilitate the goals and objectives established for the County Manager by the Board of County Commissioners. The County Attorney, through the assistant county attorneys and supporting staff, represents the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace/personnel matters, finance and land use. In addition to litigation, he is counsel to the County’s divisions and departments for their daily operations. In this regard, the County Attorney is responsible for the review of all policy documents (resolutions), legislation (ordinances and special acts), and the drafting, legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The County Attorney’s Employment Agreement with the Board of County Commissioners provides for an annual evaluation of the County Attorney's performance. By custom, this performance has been measured against performance objectives set forth in that year’s annual Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are then totaled and averaged to determine the Board's collective position. The following is the County Attorney’s Action Plan for the 2021-2022 Fiscal Year. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership and organizational direction; communications; fiscal management; and personnel management. 16.K.1.a Packet Pg. 771 Attachment: Jeff Klatzkow Self Evaluation - Action Plan for FY 21-22 (23519 : The Annual Performance Appraisal for the County Attorney) Page 2 of 10 Goals for Fiscal Year 2021-2022: I will continue to initiate changes to create a more efficient work environment. This will include hiring and retaining the best employees, focusing on how to conduct business with better customer service results, and making internal changes that result in a more efficient and effective work product. The County Attorney Office has completed its restructuring to assure that Requests for Legal Services are completed promptly, and that there will be overlapping areas of expertise within the Office. To increase our efficiency, this effort will require further improvements in our planning, assignment of responsibilities, and establishment of accountability to assure continued enhancement within the Office. Specific areas that I propose as part of next year’s action plan are: 1. Oral Presentations at Meetings. I will continue to work to assure that both the County Attorney's and the County Attorney Office's presentations at Board of County Commissioners’ meetings, advisory board meetings, and workshops are clear, concise and effective. All presenters will be charged with making presentations that avoid legalese and focus on the legal issue in a simple, understandable and brief manner. Self Analysis: No change from prior years. As a general rule, this Office continues to endeavor to follow former County Manager Jim Mudd’s approach of the three B’s with respect to Board presentations: that “you be brief, be brilliant, and be gone.” Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 16.K.1.a Packet Pg. 772 Attachment: Jeff Klatzkow Self Evaluation - Action Plan for FY 21-22 (23519 : The Annual Performance Appraisal for the County Attorney) Page 3 of 10 2. Written Legal Advice. Both the County Attorney and the County Attorney Office will provide professional, objective, unbiased legal advice to the Board of County Commissioners, its advisory boards and committees, the County Manager and his agencies and employees as necessary for formulation and implementation of legislative policies and projects. Responses will avoid legalese and focus on the legal issue in a simple, understandable and brief manner. Self Analysis: The continuing direction to all attorneys is to keep their writing clear, concise, and to the point. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3. Processing Requests for Legal Services. This year, this Office’s response time to Requests for Legal Services (RLS’s) continued to exceed 90% of all RLS’s being processed within 48 hours. There will always be a number of legal assignments, due to their complex nature, that take weeks and even months to complete. Accordingly, this Office will continue to achieve a 48- hour (or less) turnaround time on 90% of all future Requests for Legal Services received from the Board of County Commissioners and County Manager agencies. A report will be run from Total Office (this Office’s data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS’s) this year was 95% of all RLS’s being processed within 48 hours. This past year the Office handled 3,105 RLS’s, which was substantially similar to the prior year (3,153). As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. I believe the Office has fully achieved my goals in this area, the results of which are demonstrated in the next Goal and Objective, which is Client Satisfaction /Peer Review. Before my tenure as County Attorney, the average response time for an RLS was 11 days, with 3% of RLS’s processed within 48 hours. 16.K.1.a Packet Pg. 773 Attachment: Jeff Klatzkow Self Evaluation - Action Plan for FY 21-22 (23519 : The Annual Performance Appraisal for the County Attorney) Page 4 of 10 Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, a number of years ago I instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to 3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are then totaled and averaged to determine this Office’s collective score, with a goal of 75% rating level for exceeding expectations. Client reviews will factor into each of the Assistant County Attorney’s performance evaluations. Self Analysis: Once again this year, an Attorney-Client Feedback form was provided to Department Heads and select Managers, to solicit their opinions regarding the service they receive from the County Attorney Office. These results are utilized to shift workloads if departments are not satisfied with our services; they are also utilized in the attorney’s individual annual performance evaluations, and in restructuring decisions. The following is a chart showing a comparison of 2008 (my first year as County Attorney) and 2017, 2018, 2019, 2020, 2021, and 2022 overall client feedback. As you can see, during my tenure as County Attorney we have eliminated the “Does Not Meet” portion of the evaluation. This year this Office attained an 94% “Exceeds” expectation, with 6% “Meets” expectations. 16.K.1.a Packet Pg. 774 Attachment: Jeff Klatzkow Self Evaluation - Action Plan for FY 21-22 (23519 : The Annual Performance Appraisal for the County Attorney) Page 5 of 10 Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 16.K.1.a Packet Pg. 775 Attachment: Jeff Klatzkow Self Evaluation - Action Plan for FY 21-22 (23519 : The Annual Performance Appraisal for the County Attorney) Page 6 of 10 5. Fiscal Management. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. Self Analysis: Prior to my tenure as County Attorney commencing April 2008, this Office was budgeted for $3,173,600 (when we had 31 full time employees). The current request is for $3,194,200 (4.9% increase) for this upcoming Fiscal Year (with 15 actual full-time employees, and 18 budgeted). Based on the Board-directed wage adjustment on October 1, 2021, the personal services budget increased 6%. The County Attorney Office budget increase would have otherwise been .8% consistent with budget guidance. The remainder of the County Attorney Office budget is basically flat. This Office has consistently met or exceeded Board budget direction. The reduction in personnel was accomplished with an increase in service; over time, the Office evolved into doing more with less. Overall office efficiency was increased by managing out inefficient employees, by cross-training, by reassigning work to higher performers, and by replacing legal secretaries with paralegals who can do higher level work. Going forward, as the County’s business and population grows, I expect the Office will slowly grow. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 6. Public Records and Sunshine Law. This Office will continue to educate and update County staff, and advisory board members through periodic workshops/seminars, (e.g. Sunshine Law, Public Records Act, State and local ethics law). This Office will also conduct seminars with staff on various topics of interest. Self Analysis: During the past year, this Office conducted 8 presentations/workshops/seminars to County staff and advisory board meetings. Because of Covid concerns, we continue to provide on-line resources as an option, which are more convenient for people to access but lack the “human” touch. September 8, 2021 – Sunshine Law, Public Records and Ethics for Procurement Division December 8, 2021 – Pelican Bay Services Division Board – functions, powers & duties 16.K.1.a Packet Pg. 776 Attachment: Jeff Klatzkow Self Evaluation - Action Plan for FY 21-22 (23519 : The Annual Performance Appraisal for the County Attorney) Page 7 of 10 December 17, 2021 – Sunshine Law, Public Records and Ethics for the Historical Archeological Preservation Board (HAPB) February 9, 2022 – Sunshine, Public Records, Ethics for Procurement Division February 15, 2022 – Sunshine Law, Public Records and Ethics at Domestic Animal Services Advisory Board (DASAB) March 28, 2022 – Sunshine Law & Public Records for the Citizen’s Advisory Committee (MPO) April 19, 2022 – Sunshine Law, Public Records and Ethics for the Bicycle and Pedestrian Advisory Committee (MPO) July 11, 2022 – Sunshine Law, Public Records, Ethics at the Public Art Committee Our Power Point presentations and Video presentations relating to Government in the Sunshine, Public Records Act, Ethics Laws and Social Networking are available on the internet at www.colliercountyfl.gov on the County Attorney web page for viewing by advisory board members, staff and the public. A Public Records Manual providing general information, guidelines for handling public records requests, general and specific exemptions and an update highlighting legislative updates were provided to various departments including Communication and Customer Relations, Human Resources, Domestic Animal Services, Security, Risk Management and Emergency Medical Services. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 7. Litigation. We will continue to effectively and efficiently manage litigation using primarily in-house counsel and secondarily through the use of outside counsel as needed. We will keep the Board abreast of the County’s litigation through quarterly reports for the Board with respect to current litigation, including potential or anticipated legal issues that may come before the Board of County Commissioners. Self Analysis: This Office manages the County’s litigation. To keep the Board informed, a number of years ago I commenced the process of providing the Board with quarterly reports of our 16.K.1.a Packet Pg. 777 Attachment: Jeff Klatzkow Self Evaluation - Action Plan for FY 21-22 (23519 : The Annual Performance Appraisal for the County Attorney) Page 8 of 10 litigation activity. Currently, there are a total of 37 open cases, the bulk of which are comprised of eminent domain cases (26). There are 11 general litigation cases including three personal injury cases and two employment cases. In support of the Vanderbilt Beach Road Expansion and Extension, the County Attorney’s Office filed 43 eminent domain cases to acquire title to 206 parcels. The first case was filed on November 9, 2020 and all parcels were acquired by September 2021. The County has settled 179 parcels for full compensation with 27 parcels pending for mediation and/or trial. I expect substantial resolution of these last parcels to take 12-18 months with the primary issue being parties that are not represented by counsel and parties whose whereabouts are unknown. Since March of 2013 there has not been a single case where the County has been at risk for a material judgment. The reasons for this include proactive management of the land use process, which has virtually eliminated land use disputes, and the insertion of a right to terminate for convenience provision in the County’s standard form contracts while assigning the Deputy County Attorney to work daily and directly with the Procurement Department, which has virtually eliminated contract and vendor payment disputes. This past year the Office closed 23 general litigation cases, including six eminent domain cases. A copy of the most current Quarterly Litigation Report (Draft October 2022), with updates from the prior report is attached. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 8. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly advertised. 16.K.1.a Packet Pg. 778 Attachment: Jeff Klatzkow Self Evaluation - Action Plan for FY 21-22 (23519 : The Annual Performance Appraisal for the County Attorney) Page 9 of 10 Self Analysis: Beginning in 2009, with the assistance of the County Manager’s Office and the Clerk to the Board, this Office has monitored all legal advertisements for public hearing s before the Board of County Commissioners. The purpose was to ensure that all legal ads met statutory and Code requirements and were made part of the record as back-up material for the agenda item. Since then, our oversight has expanded to include legal ads for the Planning Commission. In addition to working with departments in drafting legal ads, our Office receives copies of all ad requests, which are reviewed by the assigned attorney before they are forwarded to the Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal in taking on this responsibility is to avoid the delays, waste, and the potential for legal challenge associated with defective advertising. We also actively seek to reduce costs by combining ads where possible and by not running ads that are not required. In the past year, our office has reviewed approximately 80 ads for items appearing on the Board of County Commissioners’ agenda and 42 ads for items appearing on the CCPC agenda. Ads continue to be significantly lower than prior years, presumably due to the pandemic. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances, plats and other documents are properly processed, recorded, and codified with Municode. Self Analysis: We have been fully successful in monitoring and processing Board approved documents from approval, Chairman’s signature, delivery to the Clerk to the Board and submission to Municode for codification as appropriate. On average there are 40+ agenda items per meeting that require the Chairman’s signature with some items containing multiple documents. All documents must be compared with the item in the agenda system for accuracy and processed through to the Clerk to the Board. Most ordinances must be submitted to Municode for codification. Commissioner Comments: 16.K.1.a Packet Pg. 779 Attachment: Jeff Klatzkow Self Evaluation - Action Plan for FY 21-22 (23519 : The Annual Performance Appraisal for the County Attorney) Page 10 of 10 Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 10. Advisory Boards. A number of yearts ago the Board tasked this Office to manage its Advisory Boards. We continue to advertise new openings and bring appropriate Executive Summaries to the Board. Self Analysis: We have successfully integrated and managed this task with existing staff. We coordinate with the Communications and Customer Relations Division to make sure that the new openings are posted, and the current information is posted on the County’s website. We coordinate with the various advisory board liaisons to get recommendatio ns for appointments, resignations, etc. We then bring the items to the Board of County Commissioners for consideration. Since September 2021, 159 advisory board applications were received and processed, and 60 agenda items were prepared and taken to the Board of County Commissioners for consideration. This amount is also less than prior years, again presumably due to the pandemic. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 16.K.1.a Packet Pg. 780 Attachment: Jeff Klatzkow Self Evaluation - Action Plan for FY 21-22 (23519 : The Annual Performance Appraisal for the County Attorney) Page 1 of 9 FY 2021 / 2022 Action Plan and Self Analysis Jeffrey A. Klatzkow, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. The County Attorney is the legal advisor and counsel for the Board of County Commissioners, its advisory boards and advisory committees. The County Attorney also provides legal counsel to and assists the County Manager and his agencies in order to facilitate the goals and objectives established for the County Manager by the Board of County Commissioners. The County Attorney, through the assistant county attorneys and supporting staff, represent s the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace/personnel matters, finance and land use. In addition to litigation, he is counsel to the County’s divisions and departments for their daily operations. In this regard, the County Attorney is responsible for the review of all policy documents (resolutions), legislation (ordinances and special acts), and the drafting, legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The County Attorney’s Employment Agreement with the Board of County Commissioners provides for an annual evaluation of the County Attorney's performance. By custom, this performance has been measured against performance objectives set forth in that year’s annual Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are then totaled and averaged to determine the Board's collective position. The following is the County Attorney’s Action Plan for the 2021-2022 Fiscal Year. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership and organizational direction; communications; fiscal management; and personnel management. 16.K.1.b Packet Pg. 781 Attachment: LoCastro JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 2 of 9 Goals for Fiscal Year 2021-2022: I will continue to initiate changes to create a more efficient work environment. This will include hiring and retaining the best employees, focusing on how to conduct business with better customer service results, and making internal changes that result in a more efficient and effective work product. The County Attorney Office has completed its restructuring to assure that Requests for Legal Services are completed promptly, and that there will be overlapping areas of expertise within the Office. To increase our efficiency, this effort will require further improvements in our planning, assignment of responsibilities, and establishment of accountability to assure continued enhancement within the Office. Specific areas that I propose as part of next year’s action plan are: 1. Oral Presentations at Meetings. I will continue to work to assure that both the County Attorney's and the County Attorney Office's presentations at Board of County Commissioners’ meetings, advisory board meetings, and workshops are clear, concise and effective. All presenters will be charged with making presentations that avoid legalese and focus on the legal issue in a simple, understandable and brief manner. Self Analysis: No change from prior years. As a general rule, this Office continues to endeavor to follow former County Manager Jim Mudd’s approach of the three B’s with respect to Board presentations: that “you be brief, be brilliant, and be gone.” Commissioner LoCastro Comments: With a year plus under my belt… I’ve worked closely with our County Attorney and his office… I continue to find our County Attorney and his staff to be very knowledgeable, thorough, and communicative in all meetings. I’ve appreciated the quick responses, sense of urgency and solid counsel! Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 2. Written Legal Advice. Both the County Attorney and the County Attorney Office will provide professional, objective, unbiased legal advice to the Board of County Commissioners, its advisory boards and committees, the County Manager and his agencies and employees as necessary for formulation and implementation of legislative policies and projects. Responses will avoid legalese and focus on the legal issue in a simple, understandable and brief manner. Self Analysis: The continuing direction to all attorneys is to keep their writing clear, concise, and to the point. 16.K.1.b Packet Pg. 782 Attachment: LoCastro JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 3 of 9 Commissioner LoCastro Comments: I’ve ALWAYS received solid advice both verbal & written. During my year plus in the seat I’ve utilized the County Attorney for quite a few issues… excellent assistance and advice. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 3. Processing Requests for Legal Services. This year, this Office’s response time to Requests for Legal Services (RLS’s) continued to exceed 90% of all RLS’s being processed within 48 hours. There will always be a number of legal assignments, due to their complex nature, that take weeks and even months to complete. Accordingly, this Office will continue to achieve a 48- hour (or less) turnaround time on 90% of all future Requests for Legal Services received from the Board of County Commissioners and County Manager agencies. A report will be run from Total Office (this Office’s data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS’s) this year was 95% of all RLS’s being processed within 48 hours. This past year the Office handled 3,105 RLS’s, which was substantially similar to the prior year (3,153). As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. I believe the Office has fully achieved my goals in this area, the results of which are demonstrated in the next Goal and Objective, which is Client Satisfaction /Peer Review. Before my tenure as County Attorney, the average response time for an RLS was 11 days, with 3% of RLS’s processed within 48 hours. Commissioner LoCastro Comments: Once again -- impressive response time for such a large number of cases… great work! Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, a number of years ago I instituted a practice in which performance 16.K.1.b Packet Pg. 783 Attachment: LoCastro JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 4 of 9 evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to 3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are then totaled and averaged to determine this Office’s collective score, with a goal of 75% rating level for exceeding expectations. Client reviews will factor into each of the Assistant County Attorney’s performance evaluations. Self Analysis: Once again this year, an Attorney-Client Feedback form was provided to Department Heads and select Managers, to solicit their opinions regarding the service they receive from the County Attorney Office. These results are utilized to shift workloads if departments are not satisfied with our services; they are also utilized in the attorney’s individual annual performance evaluations, and in restructuring decisions. The following is a chart showing a comparison of 2008 (my first year as County Attorney) and 2017, 2018, 2019, 2020, 2021, and 2022 overall client feedback. As you can see, during my tenure as County Attorney we have eliminated the “Does Not Meet” portion of the evaluation. This year this Office attained an 94% “Exceeds” expectation, with 6% “Meets” expectations. 16.K.1.b Packet Pg. 784 Attachment: LoCastro JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 5 of 9 Commissioner LoCastro Comments: The stats say it all… well done… and I agree. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 5. Fiscal Management. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. Self Analysis: Prior to my tenure as County Attorney commencing April 2008, this Office was budgeted for $3,173,600 (when we had 31 full time employees). The current request is for $3,194,200 (4.9% increase) for this upcoming Fiscal Year (with 15 actual full-time employees, and 18 budgeted). Based on the Board-directed wage adjustment on October 1, 2021, the personal services budget increased 6%. The County Attorney Office budget increase would have otherwise been .8% consistent with budget guidance. The remainder of the County Attorney Office budget is basically flat. This Office has consistently met or exceeded Board budget direction. The reduction in personnel was accomplished with an increase in service; over time, the Office evolved into doing more with less. Overall office efficiency was increased by managing out inefficient employees, by cross-training, by reassigning work to higher performers, and by replacing legal secretaries with paralegals who can do higher level work. Going forward, as the County’s business and population grows, I expect the Office will slowly grow. Commissioner Comments: Commissioner LoCastro Comments: Thank you for limiting spending and keeping costs/expenses within budget. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 6. Public Records and Sunshine Law. This Office will continue to educate and update County staff, and advisory board members through periodic workshops/seminars, (e.g. Sunshine Law, Public Records Act, State and local ethics law). This Office will also conduct seminars with staff on various topics of interest. 16.K.1.b Packet Pg. 785 Attachment: LoCastro JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 6 of 9 Self Analysis: During the past year, this Office conducted 8 presentations/workshops/seminars to County staff and advisory board meetings. Because of Covid concerns, we continue to provide on-line resources as an option, which are more convenient for people to access but lack the “human” touch. September 8, 2021 – Sunshine Law, Public Records and Ethics for Procurement Division December 8, 2021 – Pelican Bay Services Division Board – functions, powers & duties December 17, 2021 – Sunshine Law, Public Records and Ethics for the Historical Archeological Preservation Board (HAPB) February 9, 2022 – Sunshine, Public Records, Ethics for Procurement Division February 15, 2022 – Sunshine Law, Public Records and Ethics at Domestic Animal Services Advisory Board (DASAB) March 28, 2022 – Sunshine Law & Public Records for the Citizen’s Advisory Committee (MPO) April 19, 2022 – Sunshine Law, Public Records and Ethics for the Bicycle and Pedestrian Advisory Committee (MPO) July 11, 2022 – Sunshine Law, Public Records, Ethics at the Public Art Committee Our Power Point presentations and Video presentations relating to Government in the Sunshine, Public Records Act, Ethics Laws and Social Networking are available on the internet at www.colliercountyfl.gov on the County Attorney web page for viewing by advisory board members, staff and the public. A Public Records Manual providing general information, guidelines for handling public records requests, general and specific exemptions and an update highlighting legislative updates were provided to various departments including Communication and Customer Relations, Human Resources, Domestic Animal Services, Security, Risk Management and Emergency Medical Services. Commissioner LoCastro Comments: When I took office -- it had been some time since a new Commissioner arrived… County checklist procedures seemed have been a little dusty. I expect with two new Commissioners soon to arrive -- all agencies (to include County Attorney) are ready with “on-boarding” orientation briefings to ensure they are well prepared, briefed, and ready to go. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 7. Litigation. We will continue to effectively and efficiently manage litigation using primarily in-house counsel and secondarily through the use of outside counsel as needed. We will keep 16.K.1.b Packet Pg. 786 Attachment: LoCastro JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 7 of 9 the Board abreast of the County’s litigation through quarterly reports for the Board with respect to current litigation, including potential or anticipated legal issues that may come before the Board of County Commissioners. Self Analysis: This Office manages the County’s litigation. To keep the Board informed, a number of years ago I commenced the process of providing the Board with quarterly reports of our litigation activity. Currently, there are a total of 37 open cases, the bulk of which are comprised of eminent domain cases (26). There are 11 general litigation cases including three personal injury cases and two employment cases. In support of the Vanderbilt Beach Road Expansion and Extension, the County Attorney’s Office filed 43 eminent domain cases to acquire title to 206 parcels. The first case was filed on November 9, 2020 and all parcels were acquired by September 2021. The County has settled 179 parcels for full compensation with 27 parcels pending for mediation and/or trial. I expect substantial resolution of these last parcels to take 12-18 months with the primary issue being parties that are not represented by counsel and parties whose whereabouts are unknown. Since March of 2013 there has not been a single case where the County has been at risk for a material judgment. The reasons for this include proactive management of the land use process, which has virtually eliminated land use disputes, and the insertion of a right to terminate for convenience provision in the County’s standard form contracts while assigning the Deputy County Attorney to work daily and directly with the Procurement Department, which has virtually eliminated contract and vendor payment disputes. This past year the Office closed 23 general litigation cases, including six eminent domain cases. A copy of the most current Quarterly Litigation Report (Draft October 2022), with updates from the prior report is attached. Commissioner LoCastro Comments: Now with time in the Commissioner seat – I see how often we have pending litigation… but we have a top-notch office overseeing the cases we should fight… and those we should settle. I appreciate the recent work and counsel by our County Attorney so I can present a motion to tighten our fine collecting processes and procedures as our County used to ensure. Let’s do all we can to continue to limit needless lawsuits…. and also fight hard in cases where our taxpayers deserve to have us fight on behalf of them and the County against those who are attempting to take advantage of us. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 16.K.1.b Packet Pg. 787 Attachment: LoCastro JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 8 of 9 8. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly advertised. Self Analysis: Beginning in 2009, with the assistance of the County Manager’s Office and the Clerk to the Board, this Office has monitored all legal advertisements for public hearings before the Board of County Commissioners. The purpose was to ensure that all legal ads met statutory and Code requirements and were made part of the record as back-up material for the agenda item. Since then, our oversight has expanded to include legal ads for the Planning Commission. In addition to working with departments in drafting legal ads, our Office receives copies of all ad requests, which are reviewed by the assigned attorney before they are forwarded to the Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal in taking on this responsibility is to avoid the delays, waste, and the potential for legal challenge associated with defective advertising. We also actively seek to reduce costs by combining ads where possible and by not running ads that are not required. In the past year, our office has reviewed approximately 80 ads for items appearing on the Board of County Commissioners’ agenda and 42 ads for items appearing on the CCPC agenda. Ads continue to be significantly lower than prior years, presumably due to the pandemic. Commissioner LoCastro Comments: As I noted last year -- looks like we are doing a great job in this area. The more we can get the word out (use social media more?)… the better! Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances, plats and other documents are properly processed, recorded, and codified with Municode. Self Analysis: We have been fully successful in monitoring and processing Board approved documents from approval, Chairman’s signature, delivery to the Clerk to the Board and submission to Municode for codification as appropriate. On average there are 40+ agenda items per meeting that require the Chairman’s signature with some items containing multiple documents. All documents must be compared with the item in the agenda system for accuracy and processed through to the Clerk to the Board. Most ordinances mus t be submitted to Municode for codification. 16.K.1.b Packet Pg. 788 Attachment: LoCastro JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 9 of 9 Commissioner LoCastro Comments: Once again -- no doubt a big job… great to hear all is being processed properly. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 10. Advisory Boards. A number of yearts ago the Board tasked this Office to manage its Advisory Boards. We continue to advertise new openings and bring appropriate Executive Summaries to the Board. Self Analysis: We have successfully integrated and managed this task with existing staff. We coordinate with the Communications and Customer Relations Division to make sure that the new openings are posted, and the current information is posted on the County’s website. We coordinate with the various advisory board liaisons to get recommendations for appointments, resignations, etc. We then bring the items to the Board of County Commissioners for consideration. Since September 2021, 159 advisory board applications were received and processed, and 60 agenda items were prepared and taken to the Board of County Commissioners for consideration. This amount is also less than prior years, again presumably due to the pandemic. Commissioner LoCastro Comments: I’ve had a few this past year… I appreciate your sense of urgency and quick action for the Advisory Board nominations I’ve made… thank you. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 16.K.1.b Packet Pg. 789 Attachment: LoCastro JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 1 of 10 FY 2021 / 2022 Action Plan and Self Analysis Jeffrey A. Klatzkow, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. The County Attorney is the legal advisor and counsel for the Board of County Commissioners, its advisory boards and advisory committees. The County Attorney also provides legal counsel to and assists the County Manager and his agencies in order to facilitate the goals and objectives established for the County Manager by the Board of County Commissioners. The County Attorney, through the assistant county attorneys and supporting staff, represents the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace/personnel matters, finance and land use. In addition to litigation, he is counsel to the County’s divisions and departments for their daily operations. In this regard, the County Attorney is responsible for the review of all policy documents (resolutions), legislation (ordinances and special acts), and the drafting, legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The County Attorney’s Employment Agreement with the Board of County Commissioners provides for an annual evaluation of the County Attorney's performance. By custom, this performance has been measured against performance objectives set forth in that year’s annual Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are then totaled and averaged to determine the Board's collective position. The following is the County Attorney’s Action Plan for the 2021-2022 Fiscal Year. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership and organizational direction; communications; fiscal management; and personnel management. 16.K.1.c Packet Pg. 790 Attachment: McDaniel JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 2 of 10 Goals for Fiscal Year 2021-2022: I will continue to initiate changes to create a more efficient work environment. This will include hiring and retaining the best employees, focusing on how to conduct business with better customer service results, and making internal changes that result in a more efficient and effective work product. The County Attorney Office has completed its restructuring to assure that Requests for Legal Services are completed promptly, and that there will be overlapping areas of expertise within the Office. To increase our efficiency, this effort will require further improvements in our planning, assignment of responsibilities, and establishment of accountability to assure continued enhancement within the Office. Specific areas that I propose as part of next year’s action plan are: 1. Oral Presentations at Meetings. I will continue to work to assure that both the County Attorney's and the County Attorney Office's presentations at Board of County Commissioners’ meetings, advisory board meetings, and workshops are clear, concise and effective. All presenters will be charged with making presentations that avoid legalese and focus on the legal issue in a simple, understandable and brief manner. Self Analysis: No change from prior years. As a general rule, this Office continues to endeavor to follow former County Manager Jim Mudd’s approach of the three B’s with respect to Board presentations: that “you be brief, be brilliant, and be gone.” Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 16.K.1.c Packet Pg. 791 Attachment: McDaniel JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 3 of 10 2. Written Legal Advice. Both the County Attorney and the County Attorney Office will provide professional, objective, unbiased legal advice to the Board of County Commissioners, its advisory boards and committees, the County Manager and his agencies and employees as necessary for formulation and implementation of legislative policies and projects. Responses will avoid legalese and focus on the legal issue in a simple, understandable and brief manner. Self Analysis: The continuing direction to all attorneys is to keep their writing clear, concise, and to the point. Commissioner Comments: Jeff always makes himself available to respond to legal questions. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 3. Processing Requests for Legal Services. This year, this Office’s response time to Requests for Legal Services (RLS’s) continued to exceed 90% of all RLS’s being processed within 48 hours. There will always be a number of legal assignments, due to their complex nature, that take weeks and even months to complete. Accordingly, this Office will continue to achieve a 48- hour (or less) turnaround time on 90% of all future Requests for Legal Services received from the Board of County Commissioners and County Manager agencies. A report will be run from Total Office (this Office’s data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS’s) this year was 95% of all RLS’s being processed within 48 hours. This past year the Office handled 3,105 RLS’s, which was substantially similar to the prior year (3,153). As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. I believe the Office has fully achieved my goals in this area, the results of which are demonstrated in the next Goal and Objective, which is Client Satisfaction /Peer Review. Before my tenure as County Attorney, the average response time for an RLS was 11 days, with 3% of RLS’s processed within 48 hours. 16.K.1.c Packet Pg. 792 Attachment: McDaniel JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 4 of 10 Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, a number of years ago I instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to 3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are then totaled and averaged to determine this Office’s collective score, with a goal of 75% rating level for exceeding expectations. Client reviews will factor into each of the Assistant County Attorney’s performance evaluations. Self Analysis: Once again this year, an Attorney-Client Feedback form was provided to Department Heads and select Managers, to solicit their opinions regarding the service they receive from the County Attorney Office. These results are utilized to shift workloads if departments are not satisfied with our services; they are also utilized in the attorney’s individual annual performance evaluations, and in restructuring decisions. The following is a chart showing a comparison of 2008 (my first year as County Attorney) and 2017, 2018, 2019, 2020, 2021, and 2022 overall client feedback. As you can see, during my tenure as County Attorney we have eliminated the “Does Not Meet” portion of the evaluation. This year this Office attained an 94% “Exceeds” expectation, with 6% “Meets” expectations. 16.K.1.c Packet Pg. 793 Attachment: McDaniel JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 5 of 10 Commissioner Comments: I am happy with response times. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 16.K.1.c Packet Pg. 794 Attachment: McDaniel JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 6 of 10 5. Fiscal Management. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. Self Analysis: Prior to my tenure as County Attorney commencing April 2008, this Office was budgeted for $3,173,600 (when we had 31 full time employees). The current request is for $3,194,200 (4.9% increase) for this upcoming Fiscal Year (with 15 actual full-time employees, and 18 budgeted). Based on the Board-directed wage adjustment on October 1, 2021, the personal services budget increased 6%. The County Attorney Office budget increase would have otherwise been .8% consistent with budget guidance. The remainder of the County Attorney Office budget is basically flat. This Office has consistently met or exceeded Board budget direction. The reduction in personnel was accomplished with an increase in service; over time, the Office evolved into doing more with less. Overall office efficiency was increased by managing out inefficient employees, by cross-training, by reassigning work to higher performers, and by replacing legal secretaries with paralegals who can do higher level work. Going forward, as the County’s business and population grows, I expect the Office will slowly grow. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 6. Public Records and Sunshine Law. This Office will continue to educate and update County staff, and advisory board members through periodic workshops/seminars, (e.g. Sunshine Law, Public Records Act, State and local ethics law). This Office will also conduct seminars with staff on various topics of interest. Self Analysis: During the past year, this Office conducted 8 presentations/workshops/seminars to County staff and advisory board meetings. Because of Covid concerns, we continue to provide on-line resources as an option, which are more convenient for people to access but lack the “human” touch. September 8, 2021 – Sunshine Law, Public Records and Ethics for Procurement Division December 8, 2021 – Pelican Bay Services Division Board – functions, powers & duties 16.K.1.c Packet Pg. 795 Attachment: McDaniel JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 7 of 10 December 17, 2021 – Sunshine Law, Public Records and Ethics for the Historical Archeological Preservation Board (HAPB) February 9, 2022 – Sunshine, Public Records, Ethics for Procurement Division February 15, 2022 – Sunshine Law, Public Records and Ethics at Domestic Animal Services Advisory Board (DASAB) March 28, 2022 – Sunshine Law & Public Records for the Citizen’s Advisory Committee (MPO) April 19, 2022 – Sunshine Law, Public Records and Ethics for the Bicycle and Pedestrian Advisory Committee (MPO) July 11, 2022 – Sunshine Law, Public Records, Ethics at the Public Art Committee Our Power Point presentations and Video presentations relating to Government in the Sunshine, Public Records Act, Ethics Laws and Social Networking are available on the internet at www.colliercountyfl.gov on the County Attorney web page for viewing by advisory board members, staff and the public. A Public Records Manual providing general information, guidelines for handling public records requests, general and specific exemptions and an update highlighting legislative updates were provided to various departments including Communication and Customer Relations, Human Resources, Domestic Animal Services, Security, Risk Management and Emergency Medical Services. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 7. Litigation. We will continue to effectively and efficiently manage litigation using primarily in-house counsel and secondarily through the use of outside counsel as needed. We will keep the Board abreast of the County’s litigation through quarterly reports for the Board with respect to current litigation, including potential or anticipated legal issues that may come before the Board of County Commissioners. Self Analysis: This Office manages the County’s litigation. To keep the Board informed, a number of years ago I commenced the process of providing the Board with quarterly reports of our 16.K.1.c Packet Pg. 796 Attachment: McDaniel JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 8 of 10 litigation activity. Currently, there are a total of 37 open cases, the bulk of which are comprised of eminent domain cases (26). There are 11 general litigation cases including three personal injury cases and two employment cases. In support of the Vanderbilt Beach Road Expansion and Extension, the County Attorney’s Office filed 43 eminent domain cases to acquire title to 206 parcels. The first case was filed on November 9, 2020 and all parcels were acquired by September 2021. The County has settled 179 parcels for full compensation with 27 parcels pending for mediation and/or trial. I expect substantial resolution of these last parcels to take 12-18 months with the primary issue being parties that are not represented by counsel and parties whose whereabouts are unknown. Since March of 2013 there has not been a single case where the County has been at risk for a material judgment. The reasons for this include proactive management of the land use process, which has virtually eliminated land use disputes, and the insertion of a right to terminate for convenience provision in the County’s standard form contracts while assigning the Deputy County Attorney to work daily and directly with the Procurement Department, which has virtually eliminated contract and vendor payment disputes. This past year the Office closed 23 general litigation cases, including six eminent domain cases. A copy of the most current Quarterly Litigation Report (Draft October 2022), with updates from the prior report is attached. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 16.K.1.c Packet Pg. 797 Attachment: McDaniel JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 9 of 10 8. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly advertised. Self Analysis: Beginning in 2009, with the assistance of the County Manager’s Office and the Clerk to the Board, this Office has monitored all legal advertisements for public hearings before the Board of County Commissioners. The purpose was to ensure that all legal ads met statutory and Code requirements and were made part of the record as back-up material for the agenda item. Since then, our oversight has expanded to include legal ads for the Planning Commission. In addition to working with departments in drafting legal ads, our Office receives copies of all ad requests, which are reviewed by the assigned attorney before they are forwarded to the Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal in taking on this responsibility is to avoid the delays, waste, and the potential for legal challenge associated with defective advertising. We also actively seek to reduce costs by combining ads where possible and by not running ads that are not required. In the past year, our office has reviewed approximately 80 ads for items appearing on the Board of County Commissioners’ agenda and 42 ads for items appearing on the CCPC agenda. Ads continue to be significantly lower than prior years, presumably due to the pandemic. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances, plats and other documents are properly processed, recorded, and codified with Municode. Self Analysis: We have been fully successful in monitoring and processing Board approved documents from approval, Chairman’s signature, delivery to the Clerk to the Board and submission to Municode for codification as appropriate. On average there are 40+ agenda items per meeting that require the Chairman’s signature with some items containing multiple documents. All documents must be compared with the item in the agenda system for accuracy and processed through to the Clerk to the Board. Most ordinances must be submitted to Municode for codification. 16.K.1.c Packet Pg. 798 Attachment: McDaniel JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 10 of 10 Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 10. Advisory Boards. A number of yearts ago the Board tasked this Office to manage its Advisory Boards. We continue to advertise new openings and bring appropriate Executive Summaries to the Board. Self Analysis: We have successfully integrated and managed this task with existing staff. We coordinate with the Communications and Customer Relations Division to make sure that the new openings are posted, and the current information is posted on the County’s website. We coordinate with the various advisory board liaisons to get recommendations for appointments, resignations, etc. We then bring the items to the Board of County Commissioners for consideration. Since September 2021, 159 advisory board applications were received and processed, and 60 agenda items were prepared and taken to the Board of County Commissioners for consideration. This amount is also less than prior years, again presumably due to the pandemic. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating X 16.K.1.c Packet Pg. 799 Attachment: McDaniel JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.dPacket Pg. 800Attachment: Saunders JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.dPacket Pg. 801Attachment: Saunders JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.dPacket Pg. 802Attachment: Saunders JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.dPacket Pg. 803Attachment: Saunders JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.dPacket Pg. 804Attachment: Saunders JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.dPacket Pg. 805Attachment: Saunders JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.dPacket Pg. 806Attachment: Saunders JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.dPacket Pg. 807Attachment: Saunders JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.dPacket Pg. 808Attachment: Saunders JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.dPacket Pg. 809Attachment: Saunders JAK evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 1 of 10 FY 2021 / 2022 Action Plan and Self Analysis Jeffrey A. Klatzkow, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. The County Attorney is the legal advisor and counsel for the Board of County Commissioners, its advisory boards and advisory committees. The County Attorney also provides legal counsel to and assists the County Manager and his agencies in order to facilitate the goals and objectives established for the County Manager by the Board of County Commissioners. The County Attorney, through the assistant county attorneys and supporting staff, represents the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace/personnel matters, finance and land use. In addition to litigation, he is counsel to the County’s divisions and departments for their daily operations. In this regard, the County Attorney is responsible for the review of all policy documents (resolutions), legislation (ordinances and special acts), and the drafting, legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The County Attorney’s Employment Agreement with the Board of County Commissioners provides for an annual evaluation of the County Attorney's performance. By custom, this performance has been measured against performance objectives set forth in that year’s annual Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are then totaled and averaged to determine the Board's collective position. The following is the County Attorney’s Action Plan for the 2021-2022 Fiscal Year. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership and organizational direction; communications; fiscal management; and personnel management. 16.K.1.e Packet Pg. 810 Attachment: Solis JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 2 of 10 Goals for Fiscal Year 2021-2022: I will continue to initiate changes to create a more efficient work environment. This will include hiring and retaining the best employees, focusing on how to conduct business with better customer service results, and making internal changes that result in a more efficient and effective work product. The County Attorney Office has completed its restructuring to assure that Requests for Legal Services are completed promptly, and that there will be overlapping areas of expertise within the Office. To increase our efficiency, this effort will require further improvements in our planning, assignment of responsibilities, and establishment of accountability to assure continued enhancement within the Office. Specific areas that I propose as part of next year’s action plan are: 1. Oral Presentations at Meetings. I will continue to work to assure that both the County Attorney's and the County Attorney Office's presentations at Board of County Commissioners’ meetings, advisory board meetings, and workshops are clear, concise and effective. All presenters will be charged with making presentations that avoid legalese and focus on the legal issue in a simple, understandable and brief manner. Self Analysis: No change from prior years. As a general rule, this Office continues to endeavor to follow former County Manager Jim Mudd’s approach of the three B’s with respect to Board presentations: that “you be brief, be brilliant, and be gone.” Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating x 16.K.1.e Packet Pg. 811 Attachment: Solis JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 3 of 10 2. Written Legal Advice. Both the County Attorney and the County Attorney Office will provide professional, objective, unbiased legal advice to the Board of County Commissioners, its advisory boards and committees, the County Manager and his agencies and employees as necessary for formulation and implementation of legislative policies and projects. Responses will avoid legalese and focus on the legal issue in a simple, understandable and brief manner. Self Analysis: The continuing direction to all attorneys is to keep their writing clear, concise, and to the point. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating x 3. Processing Requests for Legal Services. This year, this Office’s response time to Requests for Legal Services (RLS’s) continued to exceed 90% of all RLS’s being processed within 48 hours. There will always be a number of legal assignments, due to their complex nature, that take weeks and even months to complete. Accordingly, this Office will continue to achieve a 48- hour (or less) turnaround time on 90% of all future Requests for Legal Services received from the Board of County Commissioners and County Manager agencies. A report will be run from Total Office (this Office’s data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS’s) this year was 95% of all RLS’s being processed within 48 hours. This past year the Office handled 3,105 RLS’s, which was substantially similar to the prior year (3,153). As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. I believe the Office has fully achieved my goals in this area, the results of which are demonstrated in the next Goal and Objective, which is Client Satisfaction /Peer Review. Before my tenure as County Attorney, the average response time for an RLS was 11 days, with 3% of RLS’s processed within 48 hours. 16.K.1.e Packet Pg. 812 Attachment: Solis JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 4 of 10 Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating x 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, a number of years ago I instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to 3 scale, with 1 being Below Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are then totaled and averaged to determine this Office’s collective score, with a goal of 75% rating level for exceeding expectations. Client reviews will factor into each of the Assistant County Attorney’s performance evaluations. Self Analysis: Once again this year, an Attorney-Client Feedback form was provided to Department Heads and select Managers, to solicit their opinions regarding the service they receive from the County Attorney Office. These results are utilized to shift workloads if departments are not satisfied with our services; they are also utilized in the attorney’s individual annual performance evaluations, and in restructuring decisions. The following is a chart showing a comparison of 2008 (my first year as County Attorney) and 2017, 2018, 2019, 2020, 2021, and 2022 overall client feedback. As you can see, during my tenure as County Attorney we have eliminated the “Does Not Meet” portion of the evaluation. This year this Office attained an 94% “Exceeds” expectation, with 6% “Meets” expectations. 16.K.1.e Packet Pg. 813 Attachment: Solis JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 5 of 10 Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating x 16.K.1.e Packet Pg. 814 Attachment: Solis JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 6 of 10 5. Fiscal Management. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. Self Analysis: Prior to my tenure as County Attorney commencing April 2008, this Office was budgeted for $3,173,600 (when we had 31 full time employees). The current request is for $3,194,200 (4.9% increase) for this upcoming Fiscal Year (with 15 actual full-time employees, and 18 budgeted). Based on the Board-directed wage adjustment on October 1, 2021, the personal services budget increased 6%. The County Attorney Office budget increase would have otherwise been .8% consistent with budget guidance. The remainder of the County Attorney Office budget is basically flat. This Office has consistently met or exceeded Board budget direction. The reduction in personnel was accomplished with an increase in service; over time, the Office evolved into doing more with less. Overall office efficiency was increased by managing out inefficient employees, by cross-training, by reassigning work to higher performers, and by replacing legal secretaries with paralegals who can do higher level work. Going forward, as the County’s business and population grows, I expect the Office will slowly grow. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating x 6. Public Records and Sunshine Law. This Office will continue to educate and update County staff, and advisory board members through periodic workshops/seminars, (e.g. Sunshine Law, Public Records Act, State and local ethics law). This Office will also conduct seminars with staff on various topics of interest. Self Analysis: During the past year, this Office conducted 8 presentations/workshops/seminars to County staff and advisory board meetings. Because of Covid concerns, we continue to provide on-line resources as an option, which are more convenient for people to access but lack the “human” touch. September 8, 2021 – Sunshine Law, Public Records and Ethics for Procurement Division December 8, 2021 – Pelican Bay Services Division Board – functions, powers & duties 16.K.1.e Packet Pg. 815 Attachment: Solis JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 7 of 10 December 17, 2021 – Sunshine Law, Public Records and Ethics for the Historical Archeological Preservation Board (HAPB) February 9, 2022 – Sunshine, Public Records, Ethics for Procurement Division February 15, 2022 – Sunshine Law, Public Records and Ethics at Domestic Animal Services Advisory Board (DASAB) March 28, 2022 – Sunshine Law & Public Records for the Citizen’s Advisory Committee (MPO) April 19, 2022 – Sunshine Law, Public Records and Ethics for the Bicycle and Pedestrian Advisory Committee (MPO) July 11, 2022 – Sunshine Law, Public Records, Ethics at the Public Art Committee Our Power Point presentations and Video presentations relating to Government in the Sunshine, Public Records Act, Ethics Laws and Social Networking are available on the internet at www.colliercountyfl.gov on the County Attorney web page for viewing by advisory board members, staff and the public. A Public Records Manual providing general information, guidelines for handling public records requests, general and specific exemptions and an update highlighting legislative updates were provided to various departments including Communication and Customer Relations, Human Resources, Domestic Animal Services, Security, Risk Management and Emergency Medical Services. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating x 7. Litigation. We will continue to effectively and efficiently manage litigation using primarily in-house counsel and secondarily through the use of outside counsel as needed. We will keep the Board abreast of the County’s litigation through quarterly reports for the Board with respect to current litigation, including potential or anticipated legal issues that may come before the Board of County Commissioners. Self Analysis: This Office manages the County’s litigation. To keep the Board informed, a number of years ago I commenced the process of providing the Board with quarterly reports of our 16.K.1.e Packet Pg. 816 Attachment: Solis JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 8 of 10 litigation activity. Currently, there are a total of 37 open cases, the bulk of which are comprised of eminent domain cases (26). There are 11 general litigation cases including three personal injury cases and two employment cases. In support of the Vanderbilt Beach Road Expansion and Extension, the County Attorney’s Office filed 43 eminent domain cases to acquire title to 206 parcels. The first case was filed on November 9, 2020 and all parcels were acquired by September 2021. The County has settled 179 parcels for full compensation with 27 parcels pending for mediation and/or trial. I expect substantial resolution of these last parcels to take 12-18 months with the primary issue being parties that are not represented by counsel and parties whose whereabouts are unknown. Since March of 2013 there has not been a single case where the County has been at risk for a material judgment. The reasons for this include proactive management of the land use process, which has virtually eliminated land use disputes, and the insertion of a right to terminate for convenience provision in the County’s standard form contracts while assigning the Deputy County Attorney to work daily and directly with the Procurement Department, which has virtually eliminated contract and vendor payment disputes. This past year the Office closed 23 general litigation cases, including six eminent domain cases. A copy of the most current Quarterly Litigation Report (Draft October 2022), with updates from the prior report is attached. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating x 16.K.1.e Packet Pg. 817 Attachment: Solis JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 9 of 10 8. Advertising. We will continue to ensure that all Public Hearings and ordinances are properly advertised. Self Analysis: Beginning in 2009, with the assistance of the County Manager’s Office and the Clerk to the Board, this Office has monitored all legal advertisements for public hearings before the Board of County Commissioners. The purpose was to ensure that all legal ads met statutory and Code requirements and were made part of the record as back-up material for the agenda item. Since then, our oversight has expanded to include legal ads for the Planning Commission. In addition to working with departments in drafting legal ads, our Office receives copies of all ad requests, which are reviewed by the assigned attorney before they are forwarded to the Naples Daily News. Support staff then verifies that the ads are published correctly. Our goal in taking on this responsibility is to avoid the delays, waste, and the potential for legal challenge associated with defective advertising. We also actively seek to reduce costs by combining ads where possible and by not running ads that are not required. In the past year, our office has reviewed approximately 80 ads for items appearing on the Board of County Commissioners’ agenda and 42 ads for items appearing on the CCPC agenda. Ads continue to be significantly lower than prior years, presumably due to the pandemic. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating x 9. Agenda Items. We will continue to ensure that all Board approved contracts, ordinances, plats and other documents are properly processed, recorded, and codified with Municode. Self Analysis: We have been fully successful in monitoring and processing Board approved documents from approval, Chairman’s signature, delivery to the Clerk to the Board and submission to Municode for codification as appropriate. On average there are 40+ agenda items per meeting that require the Chairman’s signature with some items containing multiple documents. All documents must be compared with the item in the agenda system for accuracy and processed through to the Clerk to the Board. Most ordinances must be submitted to Municode for codification. 16.K.1.e Packet Pg. 818 Attachment: Solis JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) Page 10 of 10 Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating x 10. Advisory Boards. A number of yearts ago the Board tasked this Office to manage its Advisory Boards. We continue to advertise new openings and bring appropriate Executive Summaries to the Board. Self Analysis: We have successfully integrated and managed this task with existing staff. We coordinate with the Communications and Customer Relations Division to make sure that the new openings are posted, and the current information is posted on the County’s website. We coordinate with the various advisory board liaisons to get recommendations for appointments, resignations, etc. We then bring the items to the Board of County Commissioners for consideration. Since September 2021, 159 advisory board applications were received and processed, and 60 agenda items were prepared and taken to the Board of County Commissioners for consideration. This amount is also less than prior years, again presumably due to the pandemic. Commissioner Comments: Below Standards Meets Standards Exceeds Standards 1 2 3 Rating x 16.K.1.e Packet Pg. 819 Attachment: Solis JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.fPacket Pg. 820Attachment: Taylor JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.fPacket Pg. 821Attachment: Taylor JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.fPacket Pg. 822Attachment: Taylor JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.fPacket Pg. 823Attachment: Taylor JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.fPacket Pg. 824Attachment: Taylor JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.fPacket Pg. 825Attachment: Taylor JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.fPacket Pg. 826Attachment: Taylor JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.fPacket Pg. 827Attachment: Taylor JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney) 16.K.1.fPacket Pg. 828Attachment: Taylor JAK Evaluation 2022 (23519 : The Annual Performance Appraisal for the County Attorney)