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Agenda 09/23/2014 Item #12C9/23/2014 12.C. 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 1 st 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 Ist 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 1 st 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 year 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 Packet Page -599- 9/23/2014 12.C. conducted by each Commissioner is included in the back -up, together with a Summary of all the evaluations. 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. RECOMMENDATION: The Board of County Commissioners completes the annual performance appraisal process for the County Attorney. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Packet Page -600- 9/23/2014 12.C. COLLIER COUNTY Board of County Commissioners Item Number: 12.12.C. Item Summary: The Annual Performance Appraisal for the County Attorney Meeting Date: 9/23/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 9/16/2014 11:18:45 AM Approved By Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 9/16/2014 12:12:49 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/16/2014 2:31:37 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 9/16/2014 3:13:32 PM Packet Page -601- 9/23/2014 12.C. Annual Performance Evaluation Of the Fiscal Year 2013/2014 Action Plan Jeffiey 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 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 Action Plan was for the County Attorney's 2013 -2014 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. Packet Page -602- 9/23/2014 12.C. Goals for Fiscal Year 2013 -14: I have and will continue to initiate changes to create a more efficient work environment. This will include hiring and retaining the best employees, focusing on how to conduct business with better customer service results and making internal changes that result in a more efficient and effective work product. With the closing of our Horseshoe Office and permanent reduction in staff through voluntary attrition, the County Attorney Office has completed its restructuring to assure that Requests for Legal Services are completed promptly, and that there will be overlapping areas of expertise within the Office. To increase our efficiency, this effort will require further improvements in our planning, assignment of responsibilities, and establishment of accountability to assure continued enhancement within the agency. Specific areas that I propose as part of next year's action plan are: Continuing Goals 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. This Office will continue 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." An ongoing discussion at this Office is peer evaluation for our responses and presentations at Board and Advisory Board meetings to help identify when we have not been as concise, clear and responsive as we would wish. I will continue to seek improvement in this area. Commissioner Comments: 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 Packet Page -603- Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin 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 Packet Page -603- 9/23/2014 12.C. 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 Comment: Processing Requests for Legal Services Last year, this Office's response time to Requests for Legal Services (RLS's) rose to 90 — 95% 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, on a going forward basis, 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 Client Profiles (this Office's data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS's) this year was 92% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to the 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. Prior to becoming the County Attorney for the period April through June 2007, the average turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Packet Page -604- Below Standards I Meets Standards Exceeds Standards 1 2 3 Rating Processing Requests for Legal Services Last year, this Office's response time to Requests for Legal Services (RLS's) rose to 90 — 95% 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, on a going forward basis, 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 Client Profiles (this Office's data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS's) this year was 92% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to the 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. Prior to becoming the County Attorney for the period April through June 2007, the average turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Packet Page -604- Commissioner Comment: 9/23/2014 12.C. 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, I have instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 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: Again this year, an Attorney - Client Feedback form was provided to the County Manager, Division Administrators, and select Department Directors to solicit their opinions regarding the services 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, 2009, 2010, 2011, 2012, 2013 and 2014 overall client feedback. As you can see, during my tenure as County Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this Office attained a 76% "Exceeds" expectation, with 23% "Meets," representing a substantial improvement over past years. Aaaadof0 Packet Page -605- Below Standards Meets Standards Exceeds Standards 2 3 Rating 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, I have instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 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: Again this year, an Attorney - Client Feedback form was provided to the County Manager, Division Administrators, and select Department Directors to solicit their opinions regarding the services 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, 2009, 2010, 2011, 2012, 2013 and 2014 overall client feedback. As you can see, during my tenure as County Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this Office attained a 76% "Exceeds" expectation, with 23% "Meets," representing a substantial improvement over past years. Aaaadof0 Packet Page -605- 9/23/2014 12.C. Commissioner Comment: Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin p W 4 �,gZ�/YSre^T * t , U kxy yy y 1 _ .R' e 'y �- LL II 4 g,,,i, � x`4 Ms..;� .. t i 73 OW c Commissioner Comment: 5. Fiscal Management. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition Not-. S rnf A Packet Page -606- Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin 5. Fiscal Management. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition Not-. S rnf A Packet Page -606- 9/23/2014 12.C. until I reach a ratio of approximately 1 support staff person per attorney, which my research has found is typical throughout County Attorney Offices in this State. Self Analysis: On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300 in FY 2009, to the current request of $2,274,800 for FY 2015, while eliminating fourteen positions in that same time period. As set forth in the following chant, during that period this Office met or exceeded Board budget direction. • Board Direction Percentage Decrease Per Year / Net Cost to General Fund • Percentage Decrease Per Year / Net Cost to General Fund 15 13.6 10 8.2 6.1 5 2 3 3 3.2 0.7 0 FY 09 FY10 FY11 FY 12 FY 13 FY 14 FY 15 The reduction in personnel was accomplished with no loss in service due to a general decline in County business (especially land use), by cross- training the assistant county attorneys and staff, and by reassigning work to higher performers. With County business now accelerating, I expect last year to be the final year of personnel loss. On a going forward basis, I expect future personnel loss will be through normal attrition, with the Office slowly growing at a similar pace as the County Manager's Agency. New personnel will be hired with an emphasis towards long -term succession planning, a process which I have already commenced. Commissioner Comment: paoP. (, of 9 Packet Page -607- Below Standards Meets Standards Exceeds Standards 1 3 Ratin paoP. (, of 9 Packet Page -607- 9/23/2014 12.C. 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: As of the end of August 2014, this Office will have made 9 presentations /workshops/ seminars to County staff and advisory board meetings. 1. September 26, 2013 — Round Table Discussion with Public Services Division Directors; 2. October 3, 2013 — Attended a Public Interest Career Information Event at Ave Maria School of Law; 3. October 17, 201' ) — Sunshine Law and Public Records Presentation for Collier County Planning Commission (new members); 4. November 1, 2013 - Presentation to Leadership Collier — The Basics of Local Policy Making and Today's Issues; 5. December 11, 2013 - Ethics training session at Facilities Management staff meeting; 6. February 13, 2014 - Sunshine Law / Public Records presentation to la Peninsula MSBU; 7. June 11, 2014 - presentation to Contractor Licensing investigators relating to Prosecuting Cases 8. August 15, 2014 - HR new hire orientation (Sunshine Law, Public Records and Ethics) 9. August 27, 2014 — DAS Supervisors Meeting (Sunshine Law, Public Records and Ethics) Our Power Point presentations relating to Government in the Sunshine, Public Records Act, Ethics Laws and Social Networking are available on the internet at _www.collier ov.net on the County Attorney web page for viewing by advisory board members, staff and the public. Commissioner Comment: Packet Page -608- Below Standards_ Meets Standards Exceeds Standards 1 2 3 Ratin Packet Page -608- 9/23/2014 12.C. 7. Litigation. We will continue to prepare and distribute concise quarterly reports for the Board with respect to current litigation, including potential or anticipated legal issues that may come before the Board of County Commissioners. Self Analysis: This Office manages a substantial amount of 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. As of the July 2014 Litigation Report, there are at present a total of 163 open cases, the bulk of which concern foreclosures (114) and eminent domain (18). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (151) and eminent domain (40). Major litigation is essentially half today as it was then. With the acceleration in County business, I expect civil litigation to increase as well. Commissioner Comment: -Rating Below Standards Meets Standards Exceeds Standards 1 2 3 8. Advertising. We will continue to monitor advertising of ordinances to ensure accuracy and timeliness. Self Analysis: Beginning in 2009, with the assistance of the County Manager's Office and the Cleric 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 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. Packet Page -609- Commissioner Comment: 9/23/2014 12.C. In addition to the above, this past fiscal year the Board tasked this Office to manage its Advisory Boards. We now advertise new Advisory Board openings and bring appropriate Executive Summaries to the Board. Responding to the rapid rebound in the Development Sector and growing demands of the Growth Management Division, to provide better service we reopened our Horseshoe Office in space we now share'with the Hearing Examiner.. r & -1 77 et4 7 Packet Page -610- Below Standards Meets Standards Exceeds Standards Rating In addition to the above, this past fiscal year the Board tasked this Office to manage its Advisory Boards. We now advertise new Advisory Board openings and bring appropriate Executive Summaries to the Board. Responding to the rapid rebound in the Development Sector and growing demands of the Growth Management Division, to provide better service we reopened our Horseshoe Office in space we now share'with the Hearing Examiner.. r & -1 77 et4 7 Packet Page -610- 9/23/2014 12.C. Packet Page -611- 9/23/2014 12.C. Annual Performance Evaluation Of the Fiscal Year 2013/2014 Action Plan 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 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 Action Plan was for the County Attorney's 2013 -2014 Fiscal Year. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership and organizational direction; communications; fiscal management; and personnel management. Page 1 of 9 Packet Page -612- 9/23/2014 12.C. Goals for Fiscal Year 2013 -14: I have and will continue to initiate changes to create a more efficient work environment. This will include hiring and retaining the best employees, focusing on how to conduct business with better customer service results and making internal changes that result in a more efficient and effective work product. With the closing of our Horseshoe Office and permanent reduction in staff through voluntary attrition, the County Attorney Office has completed its restructuring to assure that Requests for Legal Services are completed promptly, and that there will be overlapping areas of expertise within the Office. To increase our efficiency, this effort will require further improvements in our planning, assignment of responsibilities, and establishment of accountability to assure continued enhancement within the agency. Specific areas that I propose as part of next year's action plan are: Continuing Goals 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. This Office will continue 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." An ongoing discussion at this Office is peer evaluation for our responses and presentations at Board and Advisory Board meetings to help identify when we have not been as concise, clear and responsive as we would wish. I will continue to seek improvement in this area. Commissioner Comments: 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 Page 2 of 9 Packet Page -613- 4'a - Below Standards I Meets Standards Exceeds Standards 1 2 3 Ratin 2 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 Page 2 of 9 Packet Page -613- 4'a - 9/23/2014 12.C. 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 Comment: 3. Processing Requests for Legal Services. Last year, this Office's response time to Requests for Legal Services (RLS's) rose to 90 — 95% 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, on a going forward basis, 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 Client Profiles (this Office's data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS's) this year was 92% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to the 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. Prior to becoming the County Attorney for the period April through June 2007, the average turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Page 3 of 9 Packet Page -614- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 1 3. Processing Requests for Legal Services. Last year, this Office's response time to Requests for Legal Services (RLS's) rose to 90 — 95% 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, on a going forward basis, 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 Client Profiles (this Office's data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS's) this year was 92% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to the 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. Prior to becoming the County Attorney for the period April through June 2007, the average turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Page 3 of 9 Packet Page -614- Commissioner Comment: 9/23/2014 12.C. 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, I have instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 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: Again this year, an Attorney- Client Feedback form was provided to the County Manager, Division Administrators, and select Department Directors to solicit their opinions regarding the services 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, 2009, 2010, 2011, 2012, 2013 and 2014 overall client feedback. As you can see, during my tenure as County Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this Office attained a 76% "Exceeds" expectation, with 23% "Meets," representing a substantial improvement over past years. Page 4 of 9 Packet Page -615- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 2 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, I have instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 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: Again this year, an Attorney- Client Feedback form was provided to the County Manager, Division Administrators, and select Department Directors to solicit their opinions regarding the services 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, 2009, 2010, 2011, 2012, 2013 and 2014 overall client feedback. As you can see, during my tenure as County Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this Office attained a 76% "Exceeds" expectation, with 23% "Meets," representing a substantial improvement over past years. Page 4 of 9 Packet Page -615- 9/23/2014 12.C. Commissioner Comment: 5. Fiscal Management. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition Page 5 of 9 Packet Page -616- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 1 5. Fiscal Management. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition Page 5 of 9 Packet Page -616- 9/23/2014 12.C. until I reach a ratio of approximately 1 support staff person per attorney, which my research has found is typical throughout County Attorney Offices in this State. Self Analysis: On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300 in FY 2009, to the current request of $2,274,800 for FY 2015, while eliminating fourteen positions in that same time period. As set forth in the following chart, during that period this Office met or exceeded Board budget direction. • Board Direction Percentage Decrease Per Year / Net Cost to General Fund • Percentage Decrease Per Year / Net Cost to General Fund 15 13.6 10 8.2 6.1 5 2 3 3 3.2 0.7 0 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 The reduction in personnel was accomplished with no loss in service due to a general decline in County business (especially land use), by cross - training the assistant county attorneys and staff, and by reassigning work to higher performers. With County business now accelerating, I expect last year to be the final year of personnel loss. On a going forward basis, I expect future personnel loss will be through normal attrition, with the Office slowly growing at a similar pace as the County Manager's Agency. New personnel will be hired with an emphasis towards long -term succession planning, a process which I have already commenced. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 -Rating 2 Page 6 of 9 Packet Page -617- 9/23/2014 12.C. 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: As of the end of August 2014, this Office will have made 9 presentations /workshops/ seminars to County staff and advisory board meetings. 1. September 26, 2013 — Round Table Discussion with Public Services Division Directors; 2. October 3, 2013 — Attended a Public Interest Career Information Event at Ave Maria School of Law; 3. October 17, 2013 — Sunshine Law and Public Records Presentation for Collier County Planning Commission (new members); 4. November 1, 2013 - Presentation to Leadership Collier — The Basics of Local Policy Making and Today's Issues; 5. December 11, 2013 - Ethics training session at Facilities Management staff meeting; 6. February 13, 2014 - Sunshine Law / Public Records presentation to la Peninsula MSBU; 7. June 11, 2014 - presentation to Contractor Licensing investigators relating to Prosecuting Cases 8. August 15, 2014 - HR new hire orientation (Sunshine Law, Public Records and Ethics) 9. August 27, 2014 — DAS Supervisors Meeting (Sunshine Law, Public Records and Ethics) Our Power Point presentations relating to Government in the Sunshine, Public Records Act, Ethics Laws and Social Networking are available on the internet at www.collier ov.net on the County Attorney web page for viewing by advisory board members, staff and the public. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 -Rating 1 Page 7 of 9 Packet Page -618- 9/23/2014 12.C. 7. Liti ation. We will continue to prepare and distribute concise quarterly reports for the Board with respect to current litigation, including potential or anticipated legal issues that may come before the Board of County Commissioners. Self Analysis: This Office manages a substantial amount of 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. As of the July 2014 Litigation Report, there are at present a total of 1.63 open cases, the bulk of which concern foreclosures (114) and eminent domain (18). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (151) and eminent domain (40). Major litigation is essentially half today as it was then. With the acceleration in County business, I expect civil litigation to increase as well. Commissioner Comment: 8. Advertising. We will continue to monitor advertising of ordinances to ensure accuracy and timeliness. 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 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. Page 8 of 9 Packet Page -619- Below Standards I Meets Standards Exceeds Standards 1 2 3 Rating 2 8. Advertising. We will continue to monitor advertising of ordinances to ensure accuracy and timeliness. 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 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. Page 8 of 9 Packet Page -619- Commissioner Comment: 9/23/2014 12.C. In addition to the above, this past fiscal year the Board tasked this Office to manage its Advisory Boards. We now advertise new Advisory Board openings and bring appropriate Executive Summaries to the Board. Responding to the rapid rebound in the Development Sector and growing demands of the Growth Management Division, to provide better service we reopened our Horseshoe Office in space we now share with the Hearing Examiner. COMMISSIONER COMMENT My evaluation of Jeff Klatzkow has not changed since since last year. For further information, please see my evaluation of Mr. Klatzkow submitted in 2013. Page 9 of 9 Packet Page -620- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 2 In addition to the above, this past fiscal year the Board tasked this Office to manage its Advisory Boards. We now advertise new Advisory Board openings and bring appropriate Executive Summaries to the Board. Responding to the rapid rebound in the Development Sector and growing demands of the Growth Management Division, to provide better service we reopened our Horseshoe Office in space we now share with the Hearing Examiner. COMMISSIONER COMMENT My evaluation of Jeff Klatzkow has not changed since since last year. For further information, please see my evaluation of Mr. Klatzkow submitted in 2013. Page 9 of 9 Packet Page -620- 9/23/2014 12.C. Commissioner Henning Annual Performance Evaluation Of the Fiscal Year 2013/2014 Action Plan 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 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 Action Plan was for the County Attorney's 2013 -2014 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. [COA60/1112784/1] Page 1 of 9 Packet Page -621- Commissioner Henning Goals for Fiscal Year 2013 -14: 9/23/2014 12.C. I have and will continue to initiate changes to create a more efficient work environment. This will include hiring and retaining the best employees, focusing on how to conduct business with better customer service results and making internal changes that result in a more efficient and effective work product. With the closing of our Horseshoe Office and permanent reduction in staff through voluntary attrition, the County Attorney Office has completed its restructuring to assure that Requests for Legal Services are completed promptly, and that there will be overlapping areas of expertise within the Office. To increase our efficiency, this effort will require further improvements in our planning, assignment of responsibilities, and establishment of accountability to assure continued enhancement within the agency. Specific areas that I propose as part of next year's action plan are: Continuina Goals 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. This Office will continue 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." An ongoing discussion at this Office is peer evaluation for our responses and presentations at Board and Advisory Board meetings to help identify when we have not been as concise, clear and responsive as we would wish. I will continue to seek improvement in this area. Commissioner Comments: Mr. Klatzkow always delivers his rulings and opinions in a timely manner and keeps his presentations brief, clear and concise allowing the Board to understand the most difficult matters often under tight deadlines or during agenda item presentations. 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 [COA60/1112784/1] Page 2 of 9 Packet Page -622- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 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 [COA60/1112784/1] Page 2 of 9 Packet Page -622- 9/23/2014 12.C. Commissioner Henning 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 Comment: Mr. Klatzkow always provides written rulings or opinions when necessary and regularly keeps the Board and Chair informed on all matters providing clear means for communications. He exceeded standards this year with handling many challenging issues including the oil drilling taking the lead on all legal matters and successfully guided.the Board on all matters to achieve its goals to reduce oil drilling risks. 3. Processing Requests for Legal Services Last year, this Office's response time to Requests for Legal Services (RLS's) rose to 90 — 95% 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, on a going forward basis, 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 Client Profiles (this Office's data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS's) this year was 92% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to the 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. [COA60/1112784/1] Page 3 of 9 Packet Page -623- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Mr. Klatzkow always provides written rulings or opinions when necessary and regularly keeps the Board and Chair informed on all matters providing clear means for communications. He exceeded standards this year with handling many challenging issues including the oil drilling taking the lead on all legal matters and successfully guided.the Board on all matters to achieve its goals to reduce oil drilling risks. 3. Processing Requests for Legal Services Last year, this Office's response time to Requests for Legal Services (RLS's) rose to 90 — 95% 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, on a going forward basis, 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 Client Profiles (this Office's data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS's) this year was 92% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to the 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. [COA60/1112784/1] Page 3 of 9 Packet Page -623- 9/23/2014 12.C. Commissioner Henning Prior to becoming the County Attorney for the period April through June 2007, the average turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. Commissioner Comment: Most legal departments in legal organizations take weeks to produce documents and agreements. Mr. Klatzkow worked closely with my office specifically on all agreements and understandings related to fire plans review and inspections producing solid agreements for all parties to create positive change in this area of development. Additionally, Jeff and his staff have assisted my executive coordinator in creating agreements and have been willing to work with non -legal staff with a team approach to coordinate community and Board responses to issues. I have noticed strong support to individual Commissioners from the County Attorney's office. As Chairman I see and appreciate the oversight that the county attorney performs on boards behalf 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, I have instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 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: Again this year, an Attorney- Client Feedback form was provided to the County Manager, Division Administrators, and select Department Directors to solicit their opinions regarding the services they receive from the County Attorney Office. These results are utilized to shift [COA60/1112784/1] Page 4 of 9 Packet Page -624- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Most legal departments in legal organizations take weeks to produce documents and agreements. Mr. Klatzkow worked closely with my office specifically on all agreements and understandings related to fire plans review and inspections producing solid agreements for all parties to create positive change in this area of development. Additionally, Jeff and his staff have assisted my executive coordinator in creating agreements and have been willing to work with non -legal staff with a team approach to coordinate community and Board responses to issues. I have noticed strong support to individual Commissioners from the County Attorney's office. As Chairman I see and appreciate the oversight that the county attorney performs on boards behalf 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, I have instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 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: Again this year, an Attorney- Client Feedback form was provided to the County Manager, Division Administrators, and select Department Directors to solicit their opinions regarding the services they receive from the County Attorney Office. These results are utilized to shift [COA60/1112784/1] Page 4 of 9 Packet Page -624- 9/23/2014 12.C. Commissioner Henning 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, 2009, 2010, 2011, 2012, 2013 and 2014 overall client feedback. As you can see, during my tenure as County Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this Office attained a 76% "Exceeds" expectation, with 23% "Meets," representing a substantial Commissioner Comment: -Rating Below Standards Meets Standards Exceeds Standards 1 2 3 3 [COA60/1112784/1] Page 5 of 9 Packet Page -625- 9/23/2014 12.C. Commissioner Henning I feel Jeff and his staff exceeded expectations because the County Attorney's Office works cooperatively with the Board of Commissioners and this has been a slow change implemented by Jeff to improve communication and community results. 5. Fiscal Management. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition until I reach a ratio of approximately 1 support staff person per attorney, which my research has found is typical throughout County Attorney Offices in this State. Self Analysis: On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300 in FY 2009, to the current request of $2,274,800 for FY 2015, while eliminating fourteen positions in that same time period. As set forth in the following chart, during that period this Office met or exceeded Board budget direction. • Board DirectionPercentage Decrease Per Year / Net Cost to General Fund • Percentage Decrease Per Year / Net Cost to General Fund 15 13.6 10 8.2 6.1 5 � 2 3 3 3.2 0.7 0 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 The reduction in personnel was accomplished with no loss in service due to a general decline in County business (especially land use), by cross - training the assistant county attorneys and staff, and by reassigning work to higher performers. With County business now accelerating, I expect last year to be the final year of personnel loss. On a going forward basis, I expect future personnel loss will be through normal attrition, with the Office slowly growing at a similar pace as the County Manager's Agency. New personnel will be hired with an emphasis towards long -term succession planning, a process which I have already commenced. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 1 2 3 [COA60/1112784/1) Page 6 of 9 Packet Page -626- Commissioner Henning Rating 2 9/23/2014 12.C. County Attorney has stuck to his budget and reduced where necessary as all other departments have to maintain our low millage rate for the public. Additionally, Jeff is working with a smaller staff and producing improved results with is note worthy. 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: As of the end of August 2014, this Office will have made 9 presentations /workshops/ seminars to County staff and advisory board meetings. 1. September 26, 2013 — Round Table Discussion with Public Services Division Directors; 2. October 3, 2013 — Attended a Public Interest Career Information Event at Ave Maria School of Law; 3. October 17, 2013 — Sunshine Law and Public Records Presentation for Collier County Planning Commission (new members); 4. November 1, 2013 - Presentation to Leadership Collier — The Basics of Local Policy Making and Today's Issues; 5. December 11, 2013 - Ethics training session at Facilities Management staff meeting; 6. February 13, 2014 - Sunshine Law / Public Records presentation to la. Peninsula MSBU; 7. June 11, 2014 - presentation to Contractor Licensing investigators relating to Prosecuting Cases 8. August 15, 2014 - HR new hire orientation (Sunshine Law, Public Records and Ethics) 9. August 27, 2014 — DAS Supervisors Meeting (Sunshine Law, Public Records and Ethics) Our Power Point presentations relating to Government in the Sunshine, Public Records Act, Ethics Laws and Social Networking are available on the internet at wA)-w.colliergoy.net on the County Attorney web page for viewing by advisory board members, staff and the public. Commissioner Comment: —Rating Below Standards Meets Standards Exceeds Standards 1 1 2 3 2 [COA60/1112784/1] Page 7 of 9 Packet Page -627- 9/23/2014 12.C. Commissioner Henning County Attorney regularly educates staff and the Board about sunshine law and does a fantastic job managing our many sunshine related documents. 7. Litigation. We will continue to prepare and distribute concise quarterly reports for the Board with respect to current litigation, including potential or anticipated legal issues that may come before the Board of County Commissioners. Self Analysis: This Office manages a substantial amount of 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. As of the July 2014 Litigation Report, there are at present a total of 163 open cases, the bulk of which concern foreclosures (114) and eminent domain (18). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (15 1) and eminent domain (40). Major litigation is essentially half today as it was then. With the acceleration in County business, I expect civil litigation to increase as well. Commissioner Comment: There is zero questions about the County Attorney's ability to strategically manage the great amount of litigation for Collier Couty Government. He exceeds expectations by never delaying, always meeting deadlines regardless of the current work load he and/or his staff have regarding litigation and other legal requests. He requests outside council if necessary on matters where the County Attorneys office may not have expertise and always communicates the updates regarding litigation to the Board of County Commissioners. 8. Advertising. We will continue to monitor advertising of ordinances to ensure accuracy and timeliness. 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 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. [COA60/1112784/1] Page 8 of 9 Packet Page -628- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 There is zero questions about the County Attorney's ability to strategically manage the great amount of litigation for Collier Couty Government. He exceeds expectations by never delaying, always meeting deadlines regardless of the current work load he and/or his staff have regarding litigation and other legal requests. He requests outside council if necessary on matters where the County Attorneys office may not have expertise and always communicates the updates regarding litigation to the Board of County Commissioners. 8. Advertising. We will continue to monitor advertising of ordinances to ensure accuracy and timeliness. 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 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. [COA60/1112784/1] Page 8 of 9 Packet Page -628- 9/23/2014 12.C. Commissioner Henning 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. Commissioner Comment: Jeff has taken on additional responsibilities without falling behind which meets standards. He exceeds by having zeror errors and by assisting the Board with a smaller and more burdened staff. In addition to the above, this past fiscal year the Board tasked this Office to manage its Advisory Boards. We now advertise new Advisory Board openings and bring appropriate Executive Summaries to the Board. Responding to the rapid rebound in the Development Sector and growing demands of the Growth Management Division, to provide better service we reopened our Horseshoe Office in space we now share with the Hearing Examiner. [COA60/1112784/1] Page 9 of 9 Packet Page -629- Below Standards I Meets Standards Exceeds Standards 1 2 3 Rating3 Jeff has taken on additional responsibilities without falling behind which meets standards. He exceeds by having zeror errors and by assisting the Board with a smaller and more burdened staff. In addition to the above, this past fiscal year the Board tasked this Office to manage its Advisory Boards. We now advertise new Advisory Board openings and bring appropriate Executive Summaries to the Board. Responding to the rapid rebound in the Development Sector and growing demands of the Growth Management Division, to provide better service we reopened our Horseshoe Office in space we now share with the Hearing Examiner. [COA60/1112784/1] Page 9 of 9 Packet Page -629- 9/23/2014 12.C. Commissioner Hiller Annual Performance Evaluation Of the Fiscal Year 2013/2014 Action Plan 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 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 Action Plan was for the County Attorney's 2013 -2014 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. [COA60/1113673/1] Page 1 of 9 Packet Page -630- Commissioner Hiller Goals for Fiscal Year 2013 -14: 9/23/2014 12.C. I have and will continue to initiate changes to create a more efficient work environment. This will include hiring and retaining the best employees, focusing on how to conduct business with better customer service results and making internal changes that result in a more efficient and effective work product. With the closing of our Horseshoe Office and permanent reduction in staff through voluntary attrition, the County Attorney Office has completed its restructuring to assure that Requests for Legal Services are completed promptly, and that there will be overlapping areas of expertise within the Office. To increase our efficiency, this effort will require further improvements in our planning, assignment of responsibilities, and establishment of accountability to assure continued enhancement within the agency. Specific areas that I propose as part of next year's action plan are: Continuing Goals 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. This Office will continue 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." An ongoing discussion at this Office is peer evaluation for our responses and presentations at Board and Advisory Board meetings to help identify when we have not been as concise, clear and responsive as we would wish. I will continue to seek improvement in this area. Commissioner Comments: 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 [COA60/1113673/1] Page 2 of 9 Packet Page -631- Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin 3 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 [COA60/1113673/1] Page 2 of 9 Packet Page -631- 9/23/2014 12.C. Commissioner Hiller 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 Comment: 3. Processing Requests for Legal Services. Last year, this Office's response time to Requests for Legal Services (RLS's) rose to 90 — 95% 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, on a going forward basis, 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 Client Profiles (this Office's data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS's) this year was 92% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to the 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. Prior to becoming the County Attorney for the period April through Tune 2007, the average turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. [COA60/1113673/1] Page 3 of 9 Packet Page -632- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 3. Processing Requests for Legal Services. Last year, this Office's response time to Requests for Legal Services (RLS's) rose to 90 — 95% 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, on a going forward basis, 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 Client Profiles (this Office's data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS's) this year was 92% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to the 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. Prior to becoming the County Attorney for the period April through Tune 2007, the average turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. [COA60/1113673/1] Page 3 of 9 Packet Page -632- Commissioner Hiller Commissioner Comment: 9/23/2014 12.C. 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, I have instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 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: Again this year, an Attorney - Client Feedback form was provided to the County Manager, Division Administrators, and select Department Directors to solicit their opinions regarding the services 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, 2009, 2010, 2011, 2012, 2013 and 2014 overall client feedback. As you can see, during my tenure as County Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this Office attained a 76% "Exceeds" expectation, with 23% "Meets," representing a substantial improvement over past years. [COA60/1113673/1] Page 4 of 9 Packet Page -633- Below Standards F Meets Standards Exceeds Standards 1 2 3 Rating 3 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, I have instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 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: Again this year, an Attorney - Client Feedback form was provided to the County Manager, Division Administrators, and select Department Directors to solicit their opinions regarding the services 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, 2009, 2010, 2011, 2012, 2013 and 2014 overall client feedback. As you can see, during my tenure as County Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this Office attained a 76% "Exceeds" expectation, with 23% "Meets," representing a substantial improvement over past years. [COA60/1113673/1] Page 4 of 9 Packet Page -633- 9/23/2014 12.C. Commissioner Hiller Commissioner Comment: 5. Fiscal Management. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition [COA60/1113673/1] Page 5 of 9 Packet Page -634- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 5. Fiscal Management. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition [COA60/1113673/1] Page 5 of 9 Packet Page -634- 9/23/2014 12.C. Commissioner Hiller until I reach a ratio of approximately 1 support staff person per attorney, which my research has found is typical throughout County Attorney Offices in this State. Self Analysis: On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300 in FY 2009, to the current request of $2,274,800 for FY 2015, while eliminating fourteen positions in that same time period. As set forth in the following chart, during that period this Office met or exceeded Board budget direction. • Board Direction Percentage Decrease Per Year / Net Cost to General Fund • Percentage Decrease Per Year / Net Cost to General Fund 15 13.6 10 8.2 6.1 5 2 3 3 3.2 0.7 0 A17 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 The reduction in personnel was accomplished with no loss in service due to a general decline in County business (especially land use), by cross - training the assistant county attorneys and staff, and by reassigning work to higher performers. With County business now accelerating, I expect last year to be the final year of personnel loss. On a going forward basis, I expect future personnel loss will be through normal attrition, with the Office slowly growing at a similar pace as the County Manager's Agency. New personnel will be hired with an emphasis towards long -term succession planning, a process which I have already cominenced. Commissioner Comment: [COA60/1113673/1] Page 6 of 9 Packet Page -635- Below Standards Meets Standards Exceeds Standards 1 2 3 Rati n 3 [COA60/1113673/1] Page 6 of 9 Packet Page -635- 9/23/2014 12.C. Commissioner Hiller 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: As of the end of August 2014, this Office will have made 9 presentations /workshops/ seminars to County staff and advisory board meetings. 1. September 26, 2013 — Round Table Discussion with Public Services Division Directors; 2. October 3, 2013 — Attended a Public Interest Career Information Event at Ave Maria School of Law; 3. October 17, 2013 — Sunshine Law and Public Records Presentation for Collier County Planning Commission (new members); 4. November 1, 2013 - Presentation to Leadership Collier — The Basics of Local Policy Making and Today's Issues; 5. December 11, 2013 - Ethics training session at Facilities Management staff meeting; 6. February 13, 2014 - Sunshine Law / Public Records presentation to la Peninsula MSBU; 7. June 11, 2014 - presentation to Contractor Licensing investigators relating to Prosecuting Cases S. August 15, 2014 - HR new hire orientation (Sunshine Law, Public Records and Ethics) 9. August 27, 2014 — DAS Supervisors Meeting (Sunshine Law, Public Records and Ethics) Our Power Point presentations relating to Government in the Sunshine, Public Records Act, Ethics Laws and Social Networking are available on the internet at www.colliergov.net on the County Attorney web page for viewing by advisory board members, staff and the public. Commissioner Comment: [COA60/1113673/1] Page 7 of 9 Packet Page -636- Below Standards Meets I Standards Exceeds Standards 1 2 1 3 Rating3 [COA60/1113673/1] Page 7 of 9 Packet Page -636- 9/23/2014 12.C. Commissioner Hiller 7. Litigation. We will continue to prepare and distribute concise quarterly reports for the Board with respect to current litigation, including potential or anticipated legal issues that may come before the Board of County Commissioners. Self Analysis: This Office manages a substantial amount of 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. As of the July 2014 Litigation Report, there are at present a total of 163 open cases, the bulk of which concern foreclosures (114) and eminent domain (18). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (151) and eminent domain (40). Major litigation is essentially half today as it was then. With the acceleration in County business, I expect civil litigation to increase as well. Commissioner Comment: 8. Advertisiniz. We will continue to monitor advertising of ordinances to ensure accuracy and timeliness. Self Analysis: Begimiing 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 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. [COA60/1 1 1 3673/1] Page 8 of 9 Packet Page -637- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 8. Advertisiniz. We will continue to monitor advertising of ordinances to ensure accuracy and timeliness. Self Analysis: Begimiing 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 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. [COA60/1 1 1 3673/1] Page 8 of 9 Packet Page -637- 9/23/2014 12.C. Commissioner Hiller Commissioner Comment: Overall comments: Outstanding job. In addition to the above, this past fiscal year the Board tasked this Office to manage its Advisory Boards. We now advertise new Advisory Board openings and bring appropriate Executive Summaries to the Board. Responding to the rapid rebound in the Development Sector and growing demands of the Growth Management Division, to provide better service we reopened our Horseshoe Office in space we now share with the Hearing Examiner. [COA60/1113673/1] Page 9 of 9 Packet Page -638- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Overall comments: Outstanding job. In addition to the above, this past fiscal year the Board tasked this Office to manage its Advisory Boards. We now advertise new Advisory Board openings and bring appropriate Executive Summaries to the Board. Responding to the rapid rebound in the Development Sector and growing demands of the Growth Management Division, to provide better service we reopened our Horseshoe Office in space we now share with the Hearing Examiner. [COA60/1113673/1] Page 9 of 9 Packet Page -638- 9/23/2014 12.C. Tim Nance — D #5 Annual Performance Evaluation Of the Fiscal Year 2013/2014 Action Plan 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 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 Action Plan was for the County Attorney's 2013 -2014 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. [COA60/1116581/1] Page 1 of 9 Packet Page -639- 9/23/2014 12.C. Goals for Fiscal Year 2013 -14: I have and will continue to initiate changes to create a more efficient work environment. This will include hiring and retaining the best employees, focusing on how to conduct business with better customer service results and making internal changes that result in a more efficient and effective work product. With the closing of our Horseshoe Office and permanent reduction in staff through voluntary attrition, the County Attorney Office has completed its restructuring to assure that Requests for Legal Services are completed promptly, and that there will be overlapping areas of expertise within the Office. To increase our efficiency, this effort will require further improvements in our planning, assignment of responsibilities, and establishment of accountability to assure continued enhancement within the agency. Specific areas that I propose as part of next year's action plan are: Continuing Goals 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. This Office will continue 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." An ongoing discussion at this Office is peer evaluation for our responses and presentations at Board and Advisory Board meetings to help identify when we have not been as concise, clear and responsive as we would wish. I will continue to seek improvement in this area. Commissioner Comments: 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 [COA60/1116581/1] Page 2 of 9 Packet Page -640- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 2.5 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 [COA60/1116581/1] Page 2 of 9 Packet Page -640- 9/23/2014 12.C. 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 Comment: 3. Processing Requests for Legal Services. Last year, this Office's response time to Requests for Legal Services (RLS's) rose to 90 — 95% 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, on a going forward basis, 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 Client Profiles (this Office's data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS's) this year was 92% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to the 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. Prior to becoming the County Attorney for the period April through Tune 2007, the average turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. [COA60 /1116581/1] Page 3 of 9 Packet Page -641- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 3. Processing Requests for Legal Services. Last year, this Office's response time to Requests for Legal Services (RLS's) rose to 90 — 95% 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, on a going forward basis, 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 Client Profiles (this Office's data management system) to determine turnaround time. This will include preparation and review of documents for legal sufficiency prior to consideration by the Board of County Commissioners for Board action, including, but not limited to, agreements, contracts, deeds, leases, bonds, ordinances, resolutions, and other legal documents requested by County Commissioners, the County Manager, or the staff. Self Analysis: The response time to Requests for Legal Services (RLS's) this year was 92% of all RLS's being processed within 48 hours. As always, a number of legal assignments, due to the 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. Prior to becoming the County Attorney for the period April through Tune 2007, the average turnaround for an RLS was 11 days, with 3% of all RLS's being processed in 48 hours or less. Smaller samples taken from prior years showed that an 11 -day turnaround had been a longstanding practice with the Office. [COA60 /1116581/1] Page 3 of 9 Packet Page -641- Commissioner Comment: 9/23/2014 12.C. 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, I have instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 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: Again this year, an Attorney - Client Feedback form was provided to the County Manager, Division Administrators, and select Department Directors to solicit their opinions regarding the services 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, 2009, 2010, 2011, 2012, 2013 and 2014 overall client feedback. As you can see, during my tenure as County Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this Office attained a 76% "Exceeds" expectation, with 23% "Meets," representing a substantial improvement over past years. [COA60/1116581/1] Page 4 of 9 Packet Page -642- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this Office. In furtherance of this goal, I have instituted a practice in which performance evaluation reports are sent to the various Division Administrators and Managers each year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 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: Again this year, an Attorney - Client Feedback form was provided to the County Manager, Division Administrators, and select Department Directors to solicit their opinions regarding the services 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, 2009, 2010, 2011, 2012, 2013 and 2014 overall client feedback. As you can see, during my tenure as County Attorney we have virtually eliminated the "Does Not Meet" portion of the evaluation. This year this Office attained a 76% "Exceeds" expectation, with 23% "Meets," representing a substantial improvement over past years. [COA60/1116581/1] Page 4 of 9 Packet Page -642- 9/23/2014 12.C. Commissioner Comment: 5. Fiscal Mann eg ment. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition [COA60/1116581/1] Page 5 of 9 Packet Page -643- y Below Standards Meets Standards Exceeds Standards 1 1 2 3 Rating 3 5. Fiscal Mann eg ment. I will continue to develop and effectively administer an annual budget for the Office of the County Attorney in conformance with policies adopted by the Board of County Commissioners, while at the same time improving the quality of this Office. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition [COA60/1116581/1] Page 5 of 9 Packet Page -643- y 9/23/2014 12.C. until I reach a ratio of approximately 1 support staff person per attorney, which my research has found is typical throughout County Attorney Offices in this State. Self Analysis: On a net cost to general fund analysis, this Office has reduced expenditures from $3,097,300 in FY 2009, to the current request of $2,274,800 for FY 2015, while eliminating fourteen positions in that same time period. As set forth in the following chart, during that period this Office met or exceeded Board budget direction. • Board Direction Percentage Decrease Per Year / Net Cost to General Fund • Percentage Decrease Per Year / Net Cost to General Fund 15 13.6 10 8.2 6.1 5 2 3 3 .3.2 0.7 0 40 ..­.. 1"....".. 1., jI.7 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 The reduction in personnel was accomplished with no loss in service due to a general decline in County business (especially land use), by cross - training the assistant county attorneys and staff, and by reassigning work to higher performers. With County business now accelerating, I expect last year to be the final year of personnel loss. On a going forward basis, I expect future personnel loss will be through normal attrition, with the Office slowly growing at a similar pace as the County Manager's Agency. New personnel will be hired with an emphasis towards long -term succession planning, a process which I have already commenced. Commissioner Comment: Excellent effort and results. TN [COA60/1116581/1] Page 6 of 9 Packet Page -644- Below Standards Meets Standards Exceeds Standards 1 2 3 Rating 3 Excellent effort and results. TN [COA60/1116581/1] Page 6 of 9 Packet Page -644- 9/23/2014 12.C. 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: As of the end of August 2014, this Office will have made 9 presentations /workshops/ seminars to County staff and advisory board meetings. 1. September 26, 2013 — Round Table Discussion with Public Services Division Directors; 2. October 3, 2013 — Attended a Public Interest Career Information Event at Ave Maria School of Law; 3. October 17, 2013 — Sunshine Law and Public Records Presentation for Collier County Planning Commission (new members); 4. November 1, 2013 - Presentation to Leadership Collier — The Basics of Local Policy Making and Today's Issues, 5. December 11, 2013 - Ethics training session at Facilities Management staff meeting; 6. February 13, 2014 - Sunshine Law / Public Records presentation to la Peninsula MSBU; 7. June 11, 2014 - presentation to Contractor Licensing investigators relating to Prosecuting Cases 8. August 15, 2014 - HR new hire orientation (Sunshine Law, Public Records and Ethics) 9. August 27, 2014 — DAS Supervisors Meeting (Sunshine Law, Public Records and Ethics) Our Power Point presentations relating to Government in the Sunshine, Public Records Act, Ethics Laws and Social Networking are available on the internet at www.collier�4ov.net on the County Attorney web page for viewing by advisory board members, staff and the public. Commissioner Comment: -Rating Below Standards Meets Standards Exceeds Standards 1 2 3 3 Assistance and guidance has been excellent and much appreciated. [COA60/1116581/1] Page 7 of 9 Packet Page -645- 9/23/2014 12.C. 7. Litigation. We will continue to prepare and distribute concise quarterly reports for the Board with respect to current litigation, including potential or anticipated legal issues that may come before the Board of County Commissioners. Self Analysis: This Office manages a substantial amount of 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. As of the July 2014 Litigation Report, there are at present a total of 163 open cases, the bulk of which concern foreclosures (114) and eminent domain (18). For comparison, in our first Quarterly Report of March 2009 there were 255 open cases, the bulk of which concerned bankruptcy and foreclosures (151) and eminent domain (40). Major litigation is essentially half today as it was then. With the acceleration in County business, I expect civil litigation to increase as well. Commissioner Comment: 8. Advertising. We will continue to monitor advertising of ordinances to ensure accuracy and timeliness. 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 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 tanning ads that are not required. [COA60/1 1 1658 1/1] Page 8 of 9 Packet Page -646- Below Standards I Meets Standards Exceeds Standards 1 2 3 Rating 3 8. Advertising. We will continue to monitor advertising of ordinances to ensure accuracy and timeliness. 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 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 tanning ads that are not required. [COA60/1 1 1658 1/1] Page 8 of 9 Packet Page -646- Commissioner Comment: 9/23/2014 12.C. In addition to the above, this past fiscal year the Board tasked this Office to manage its Advisory Boards. We now advertise new Advisory Board openings and bring appropriate Executive Summaries to the Board. Responding to the rapid rebound in the Development Sector and growing demands of the Growth Management Division, to provide better service we reopened our Horseshoe Office in space we now share with the Hearing Examiner. Management with these administrative tasks has been a great help to the BCC Office. — TN Mr. Klatzkow continues to provide excellent guidance, counsel, and service to the BCC. He has been responsive, timely, and accessible. My thanks for his service. High marks. . Tim Nance — D #5 9/12/14 [COA60/1116581/1] Page 9 of 9 Packet Page -647- Below I Standards Meets Standards Exceeds Standards 1 2 3 Rating3 In addition to the above, this past fiscal year the Board tasked this Office to manage its Advisory Boards. We now advertise new Advisory Board openings and bring appropriate Executive Summaries to the Board. Responding to the rapid rebound in the Development Sector and growing demands of the Growth Management Division, to provide better service we reopened our Horseshoe Office in space we now share with the Hearing Examiner. Management with these administrative tasks has been a great help to the BCC Office. — TN Mr. Klatzkow continues to provide excellent guidance, counsel, and service to the BCC. He has been responsive, timely, and accessible. My thanks for his service. High marks. . Tim Nance — D #5 9/12/14 [COA60/1116581/1] Page 9 of 9 Packet Page -647- 9/23/2014 12.C. COUNTY ATTORNEY FY 2013 - 2014 ACTION PLAN / EVALUATION SUMMARY OF RATINGS Overall Average 1 2.49 coa60/152 Overall Percentage 83% Packet Page -648- COMMISSIONER ITEM FIALA COYLE HILLER HENNING NANCE AVERAGE Oral Presentations at Meetings 2.00 2.00 3.00 3.00 2.50 2.50 Written Legal Advice 2.00 1.00 3.00 3.00 3.00 2.40 Processing Requests for Legal Services 2.00 2.00 3.00 3.00 3.00 2.60 Client Satisfaction / Peer Review 3.00 1.00 3.00 3.00 3.00 2.60 Fiscal Management -Public 2.00 2.00 3.00 2.00 3.00 2.40 Records and Sunshine Law 2.00 1.00 3.00 2.00 3.00 2.20 Litigation 2.00 2.00 3.00 3.00 3.00 2.60 Advertising 2.00 2.00 3.00 3.00 3.00 2.60 Averages Per Commissioner 2.13 1.63 1 3.00 2.75 2.94 Overall Average 1 2.49 coa60/152 Overall Percentage 83% Packet Page -648-