Agenda 09/25/2012 Item #12D 9/25/2012 Item 12.D.
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 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.
The County Attorney Employment Agreement provides that on the date general wage
adjustments are granted generally to Collier County employees, the County Attorney's
base salary shall be modified to reflect the general wage adjustment granted to other
County employees. If a satisfactory performance rating is provided by the Board of
County Commissioners, merit pay shall be awarded from 3% minimum to a 10%
maximum. Per the Employment Agreement, all such merit adjustments shall be included
in the County Attorney's base salary. The County Attorney waives any merit adjustment
and general wage 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.
Submitted by: Jeffrey A. Klatzkow, County Attorney
Packet Page -1739-
9/25/2012 Item 12.D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.D.
Item Summary: The Annual Performance Appraisal for the County Attorney.
Meeting Date: 9/25/2012
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
9/17/2012 2:44:04 PM
Submitted by
Title: County Attorney
Name: KlatzkowJeff
9/17/2012 2:44:06 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 9/19/2012 11:41:37 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/19/2012 11:55:42 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 9/19/2012 1:07:33 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/19/2012 2:40:33 PM
Packet Page-1740-
Cow.w. ssc 9/25/2012 Item 12.D.
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANbUM
TO: Commissioner Donna Fiala,District I
Commissioner Georgia Hiller,District 2
/Commissioner Torn Henning,District 3
Commissioner Fred W. Coyle, Chairman,District 4
Commissioner James N. Coletta,Vice-4 • + an District 5
FROM: Jeffrey A. Klatzkow, County Attorney
DATE: August 31,2012
RE: County Attorney FY 2011 -2012 Action Plan/Evaluation
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. In keeping with this
requirement, attached you will find a blank County Attorney FY 2011 - 2012 Action Plan with
Performance Review Measures. This is provided for your review and comments. As customary,I
have also provided my self analysis to assist in your review.
I am hoping to have this item placed on the agenda for the September 25th regular Board
meeting, which will coincide with my contract renewal agenda item. To meet the published
agenda deadline, I would appreciate it if you would please return your graded packets to me by
Monday, September 17th so that I may consolidate the ratings for presentation at this meeting. I
am providing this to you via e-mail in Word format, as well as in hard copy form through Mr.
Mitchell.
I will be available to meet with each of you individually on this matter, or if you prefer,
please feel free to provide me with any comments or suggestions by individual note or memo.
Packet Page -1741-
9/25/2012 Item 12.D.
Annual Performance Evaluation
Of the Fiscal Year 2011/2012 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, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard,the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against performance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are
then totaled and averaged to determine the Board's collective position.
The following Action Plan illustrates and reviews Board expectations for the County Attorney
for the 2011-2012 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 10
Packet Page -1742-
9/25/2012 Item 12.D.
Goals for Fiscal Year 2011-12:
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 of 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:
Below Meets Exceeds
Standards Standards Standards
1 2 3
i Rating 2...
Page 2 of 10
Packet Page-1743-
9/25/2012 Item 12.D.
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner.
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 2-
3. Processing Requests for Legal Services. Last year, this Office's response time for
responding to Requests for Legal Services within 48 hours of receipt was maintained at 80%
or more. As always,a number of legal assignments, due to their complex nature,take weeks
and even months to complete. Accordingly, on a going forward basis, this Office will
continue to achieve an ongoing 48-hour (or less) turnaround time on 80% 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)has stabilized in the range of 90—
95% of all RLS's being processed within 48 hours. As always, a number of legal
assignments,due to their complex nature,take weeks and even months to complete. I believe
Page 3 of 10
Packet Page -1744-
9/25/2012 Item 12.D.
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.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating Z.
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 and 2012 overall
client feedback. As you can see, during my tenure as County Attorney we have eliminated
the "Does Not Meet" portion of the evaluation, with the majority of the Office now
exceeding the client's expectations.
Page 4 of 10
Packet Page -1745-
9/25/2012 Item 12.D.
Comparison of 2008, 2009, 2010, 2011 and 2012
Attorney - Client Feedback Overall Results
80 ° g am; �� ��" �_ � p T�'��
� u a a�
70% or 'a°[ !r a .
k 1+1 CiLT
60% """ a .
50% s r. {_.. �x 1 = . I � 7
jl ; � 1 P $'7.
0 I ( _,4,r -wti ?Y E a+... , t6 1?'1jr`J al!..
.�..,...�.,.i� use.�..t. �
40 to - 7 �
{ cR :5 y� If..1'.ztvi
30°!0
r:--._'; 4�,.�' -' fi `s ." - . ' "-,1:
mks l� ,,
20%
yl - 1 u �_ w> ntibxt �
1
10% 1.1dii { t IC ��`"� r .k�, " � � wssr 'sae
r l ,:rte a �
Exceeds Meets Does Not Meet N/A
•
•2008 ■2009 2010 ■2011 ■2012 Meets
Commissioner Comment:
Below Exceeds
Standards Standards
3
Standards
1 2
I Rating Z
•
i
I
1
1
I
1
i
page 5of10
I�eg
Packet Page -1746-
9/25/2012 Item 12.D.
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$2,274,300 for FY 2013, while eliminating fourteen
positions in that same time period. As set forth in that attached chart, during that period this
Office met or exceeded Board budget direction:
N Board DirectionPercentage Decrease Per Year/Net Cost to General Fund
■Percentage Decrease Per Year/Net Cost to General Fund
-1.176
14
12 �
10 8.2
8 -7
•
- 4.5 5 5.0 5
4 OM MP MOM
2 �
FY 09 FY 10 FY 11 FY 12 FY 13
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. Again this year I did not request any
funds for Capital Outlay.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Rating 2._
Page 6 of 10
I I
Packet Page -1747-
9/25/2012 Item 12.D.
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:
By the end of August 2012, this Office will have made 9 presentations/workshops/seminars
to County staff and advisory board meetings.
1. September 9,2011 -Public Records Law Compliance to Purchasing Department;
2. October 3, 2011 - Sunshine, Ethics Workshop in the Boardroom for advisory board
members and staff;
3. November 15,2011 -Sunshine Law/PubIic Records presentation to Airport Authority;
4. November 17, 2011 - Freedom Memorial Task Force on the benefits and disadvantages
of forming a 501(c)(3)corporation;
5. February 21,2012-Library Advisory Board regarding Sunshine Law and Social Media;
6. May 21,2012 -New Hire Orientation—Employee Ethics—video;
7. June 8,2012-Code Enforcement Department re-inspection warrants;
8. June 14,2012-Ethics Training for the Public Utilities Lab Departments
9. August 29, 2012 - Ethics Training for Human Resources' ICMA supervisor training
class.
Our Power Point presentations relating to Government in the Sunshine, Public Records Act,
Ethics Laws and Social Networking are available on the intereet at www.colliergov.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 2
' I
Page 7of10
Packet Page -1748-
9/25/2012 Item 12.D.
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:
As County Attorney, I commenced the process of providing the Board with quarterly reports
of our litigation activity. A current report is included as part of this review. As you will note
from this report, this Office manages a substantial amount of litigation. There are at present
a total of 254 open cases, the bulk of which concern foreclosures (178) and eminent domain
(27).
From October 1, 2011, and throughout my tenure as County Attorney, there has been no
decision which materially adversely affected the County.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Rating
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 the department 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
Page 8 of 10
Packet Page -1749-
9/25/2012 Item 12.D.
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by not running ads where not required.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating Z
Project for this Fiscal Year
Previously,this Office did a complete review of its ordinances to ensure that the Code of Laws
and Ordinances published by Municode were accurate. This year, I intend to do a complete
review of the Collier County Code of Laws and Ordinances to identify and correct
inconsistencies that may have resulted from years of revisions, and to ensure that we are not in
conflict with current State or Federal law. This will be a major undertaking by this Office.
Should we identify inconsistencies or conflicts,they will be brought to the Board.
Self Analysis:
This past year, the Office reviewed the entire Collier County Code of Laws and Ordinances to
identify and correct inconsistencies that may have resulted from years of revision and ensure that
the Ordinances are not in conflict with current State or Federal law.
During this process and through the coordination with County staff, this Office identified eight
sections of the Code of Laws that are obsolete. Many of the sections originated as acts of the
Florida Legislature that subsequently assumed ordinance status. The other sections were either
unused for several years or superseded by other Code sections or provisions in the Land
Development Code. The Board has,or is in the process of, adopting Ordinances repealing these
sections. Municipal Code Corporation will then incorporate these revisions into the electronic
and paper versions of our Code of Laws.
Page 9 of 10
Packet Page -1750-
9/25/2012 Item 12.D.
The remaining sections of the Code have been reviewed and found to be current and not in
conflict with State and Federal law.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Rating Z.
0 'V SCc► Qi : Z.
I �
Page 10 of 10
Packet Page -1751-
co����ta, 9/25/2012 Item 12.D.
Alikk
OFFICE OF THE COUNTY ATTORNEY ro
INTEROFFICE MEMORANDUM
TO: Commissioner Donna Fiala,District 1
Commissioner Georgia Hiller,District 2
VCommissioner Tom Henning,District 3
Commissioner Fred W. Coyle, Chairm: Pistrict 4
Commissioner James N. Coletta,Vice-C ; •. •istrict 5
FROM: Jeffrey A.Klatzkow, County Attorney-4011
DATE: August 31,2012
RE: County Attorney FY 2011 -2012 Action Plan/Evaluation
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. In keeping with this
requirement, attached you will find a blank County Attorney FY 2011 - 2012 Action Plan with
Performance Review Measures. This is provided for your review and comments. As customary, 1
have also provided my self analysis to assist in your review.
I am hoping to have this item placed on the agenda for the September 25th regular Board
meeting, which will coincide with my contract renewal agenda item. To meet the published
agenda deadline, I would appreciate it if you would please return your graded packets to me by
Monday, September 17th so that I may consolidate the ratings for presentation at this meeting. I
am providing this to you via e-mail in Word format, as well as in hard copy form through Mr.
Mitchell.
I will be available to meet with each of you individually on this matter, or if you prefer,
please feel free to provide me with any comments or suggestions by individual note or memo.
Packet Page-1752-
9/25/2012 Item 12.D.
Annual Performance Evaluation
Of the Fiscal Year 2011/2012 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, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against performance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 bein g 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 illustrates and reviews Board expectations for the County Attorney
for the 2011-2012 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 10
Packet Page -1753-
9/25/2012 Item 12.D.
Goals for Fiscal Year 2011-12:
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 of 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:
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Rating x ,
Page 2 of 10
Packet Page -1754-
9/25/2012 Item 12.D.
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner.
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating x
3. Processing Requests for Legal Services. Last year, this Office's response time for
responding to Requests for Legal Services within 48 hours of receipt was maintained at 80%
or more. As always, a number of legal assignments, due to their complex nature, take weeks
and even months to complete. Accordingly, on a going forward basis, this Office will
continue to achieve an ongoing 48-hour (or less) turnaround time on 80% 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) has stabilized in the range of 90 —
95% of all RLS's being processed within 48 hours. As always, a number of legal
assignments, due to their complex nature, take weeks and even months to complete. I believe
Page 3 of 10
Packet Page -1755-
9/25/2012 Item 12.D.
the Office has fully achieved my goals in this area, the results of which are demonstrated in Amok
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.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating x
4. Client Satisfaction/Peer Review. Client satisfaction continues to be a major goal of this
Office. In furtherance of this goal, 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 and 2012 overall
client feedback. As you can see, during my tenure as County Attorney we have eliminated
the "Does Not Meet" portion of the evaluation, with the majority of the Office now
exceeding the client's expectations.
Page 4 of 10
Packet Page -1756-
9/25/2012 Item 12.D.
Comparison of 2008, 2009, 2010, 2011 and 2012
Attorney - Client Feedback Overall Results
80% .F
-
70%
60%
50%
40%
30%
20%
10/0 v,;
pip �i rG
0% '.,.....z
• Exceeds Meets Does Not Meet N/A
■2008 ■2009 •2010 •2011 •2012
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating x
Page 5 of 10
Packet Page-1757-
9/25/2012 Item 12.D.
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$2,274,300 for FY 2013, while eliminating fourteen
positions in that same time period. As set forth in that attached 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
13.6
14
12 "
10 - 8.2
8 Fit
6 -" 4.5 5 5.0 5 Amok
4
2
0 ,
FY 09 FY 10 FY 11 FY 12 FY 13
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. Again this year I did not request any
funds for Capital Outlay.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Rating x
Page 6 of 10
Packet Page -1758-
9/25/2012 Item 12.D.
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:
By the end of August 2012, this Office will have made 9 presentations/workshops / seminars
to County staff and advisory board meetings.
1. September 9, 2011 -Public Records Law Compliance to Purchasing Department;
2. October 3. 2011 - Sunshine, Ethics Workshop in the Boardroom for advisory board
members and staff;
3. November 15, 2011 - Sunshine Law/Public Records presentation to Airport Authority;
4. November 17, 2011 - Freedom Memorial Task Force on the benefits and disadvantages
of forming a 501(c)(3) corporation;
5. February 21. 2012 - Library Advisory Board regarding Sunshine Law and Social Media;
6. May 21, 2012 - New Hire Orientation—Employee Ethics—video;
7. June 8, 2012. - Code Enforcement Department re-inspection warrants;
8. June 14, 2012 -Ethics Training for the Public Utilities Lab Departments
9. August 29, 2012 - Ethics Training for Human Resources' ICMA supervisor training
class.
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:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating x
Page 7 of 10
Packet Page -1759-
9/25/2012 Item 12.D.
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:
As County Attorney, I commenced the process of providing the Board with quarterly reports
of our litigation activity. A current report is included as part of this review. As you will note
from this report, this Office manages a substantial amount of litigation. There are at present
a total of 254 open cases, the bulk of which concern foreclosures (178) and eminent domain
(27).
From October 1. 2011, and throughout my tenure as County Attorney, there has been no
decision which materially adversely affected the County.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating x
•
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 the department 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
AgOldf
Page 8 of 10
Packet Page -1760-
9/25/2012 Item 12.D.
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by not running ads where not required.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating x
Project for this Fiscal Year
•
Previously, this Office did a complete review of its ordinances to ensure that the Code of Laws
and Ordinances published by Municode were accurate. This year, I intend to do a complete
review of the Collier County Code of Laws and Ordinances to identify and correct
inconsistencies that may have resulted from years of revisions, and to ensure that we are not in
conflict with current State or Federal law. This will be a major undertaking by this Office.
Should we identify inconsistencies or conflicts,they will be brought to the Board.
Self Analysis:
This past year, the Office reviewed the entire Collier County Code of Laws and Ordinances to
identify and correct inconsistencies that may have resulted from years of revision and ensure that
the Ordinances are not in conflict with current State or Federal law.
During this process and through the coordination with County staff, this Office identified eight
sections of the Code of Laws that are obsolete. Many of the sections originated as acts of the
Florida Legislature that subsequently assumed ordinance status. The other sections were either
unused for several years or superseded by other Code sections or provisions in the Land
Development Code. The Board has, or is in the process of, adopting Ordinances repealing these
sections. Municipal Code Corporation will then incorporate these revisions into the electronic
and paper versions of our Code of Laws.
Page 9 of 10
Packet Page -1761-
9/25/2012 Item 12.D.
The remaining sections of the Code have been reviewed and found to be current and not in
conflict with State and Federal law.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating x
Page 10 of 10
Packet Page-1762-
9/25/2012 Item 12.D.
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO: (Commissioner Donna Fiala, District 1
Commissioner Georgia Hiller, District 2
Commissioner Tom Henning, District 3
Commissioner Fred W. Coyle, Chairrn. . District 4
Commissioner James N. Coletta, Vice-C a. � an District 5
R
FROM: Jeffrey A. Klatzkow, County Attorney el",
DATE: August 31,2012
RE: County Attorney FY 2011 - 2012 Action Plan/Evaluation
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. In keeping with this
requirement, attached you will find a blank County Attorney FY 2011 - 2012 Action Plan with
Performance Review Measures. This is provided for your review and comments. As customary, I
have also provided my self analysis to assist in your review.
I am hoping to have this item placed on the agenda for the September 25t regular Board
meeting, which will coincide with my contract renewal agenda item. To meet the published
agenda deadline, I would appreciate it if you would please return your graded packets to me by
Monday, September 17th so that I may consolidate the ratings for presentation at this meeting. I
am providing this to you via e-mail in Word format, as well as in hard copy form through Mr.
Mitchell.
I will be available to meet with each of you individually on this matter, or if you prefer,
please feel free to provide me with any comments or suggestions by individual note or memo.
Packet Page-1763-
9/25/2012 Item 12.D.
Annual Performance Evaluation
Of the Fiscal Year 2011/2012 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, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against performance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are
then totaled and averaged to determine the Board's collective position.
The following Action Plan illustrates and reviews Board expectations for the County Attorney
for the 2011-2012 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.
Agoolk
Page 1 of 10
Packet Page-1764-
9/25/2012 Item 12.D.
Goals for Fiscal Year 2011-12:
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 of 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:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating
Page 2 of 10
Packet Page -1765-
9/25/2012 Item 12.D.
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner.
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3 S
Rating
oak
3. Processing Requests for Legal Services. Last year, this Office's response time for
responding to Requests for Legal Services within 48 hours of receipt was maintained at 80%
or more. As always, a number of legal assignments, due to their complex nature, take weeks
and even months to complete. Accordingly, on a going forward basis, this Office will
continue to achieve an ongoing 48-hour (or less) turnaround time on 80% 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) has stabilized in the range of 90 —
95% of all RLS's being processed within 48 hours. As always, a number of legal
assignments, due to their complex nature,take weeks and even months to complete. I believe
Page 3 of 10
Packet Page -1766-
9/25/2012 Item 12.D.
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.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 N
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 and 2012 overall
client feedback. As you can see, during my tenure as County Attorney we have eliminated
the "Does Not Meet" portion of the evaluation, with the majority of the Office now
exceeding the client's expectations.
Page 4 of 10
Packet Page -1767-
9/25/2012 Item 12.D.
Comparison of 2008, 2009, 2010, 2011 and 2012
Attorney - Client Feedback Overall Results
`
2 .a1
�
'.
,. 'g fi .' y` �s iii . .- 4 3 }a " ff' ns r l x1i _7',.:-,s,..,„",.x r.4 r Yi y } 1 , "P� s ..mot l` :Zs:- t r 4 a a� - .._.. �aK ' 2" �1 .ti r "+X F0/ r r t 3 h +' ' > tl -k H N y '� S 7O 0 y' r :::,0";-,,,i, ` '3N }� i -. 3 vR {c.c ' �� ,7rF F e 7 Fpi.^t�" 7 r .dY :}Y ,-t_ �� y y .µ� ,+5 i M1 _ J �0 0/o i b 6
k,
hS'sFdc+r rag am 4 t
yr a.-...,11.. fi•
Y 40% " ' r ,-'4 ,.,jL 4 '
SC ¢r y 6.
V * . r y F , r x t ;; s k 20/o x a .t Py�A 2 . Y i t r
�'t •101 r
10%
Amork
Exceeds Meets Does Not Meet N/A
■2008 ■2009 •2010 ■2011 ■2012
Below Meets Exceeds
Commissioner Comment:
Standards Standards Standards
1 2 3/
Rating V
b(1424.' l AI
40211afa . JJ �
•
Q
/0444.-
setiol _te- ti-071e12a40 -
040,*
Page 5of10
Packet Page -1768-
9/25/2012 Item 12.D.
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$2,274,300 for FY 2013, while eliminating fourteen
positions in that same time period. As set forth in that attached 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
13.6
14 -
12
10 8.2
8 61
6 -" 4.5 5 5.0 5
4
2
0
FY09 FY10 FY11 FY12 FY 13
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. Again this year I did not request any
funds for Capital Outlay.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
ti4lidelLj;-rai'v7 Rating
4*(44766" 4",11 4711 1144. I11(eAL 44-e
l
r/
Page 6 of 10
Packet Page-1769-
9/25/2012 Item 12.D.
II
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:
By the end of August 2012, this Office will have made 9 presentations/workshops/ seminars
to County staff and advisory board meetings.
1. September 9,2011 - Public Records Law Compliance to Purchasing Department;
2. October 3, 2011 - Sunshine, Ethics Workshop in the Boardroom for advisory board
members and staff;
3. November 15, 2011 - Sunshine Law/Public Records presentation to Airport Authority;
4. November 17, 2011 - Freedom Memorial Task Force on the benefits and disadvantages
of forming a 501(c)(3) corporation;
5. February 21, 2012 - Library Advisory Board regarding Sunshine Law and Social Media;
6. May 21, 2012 -New Hire Orientation—Employee Ethics—video;
7. June 8, 2012 - Code Enforcement Department re-inspection warrants;
8. June 14, 2012 - Ethics Training for the Public Utilities Lab Departments
9. August 29, 2012 - Ethics Training for Human Resources' ICMA supervisor training
class.
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:
Below Meets Exceeds
Standards Standards Standards
1 2 4 3
Rating
Ask
Page 7 of 10
Packet Page-1770-
9/25/2012 Item 12.D.
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:
As County Attorney, I commenced the process of providing the Board with quarterly reports
of our litigation activity. A current report is included as part of this review. As you will note
from this report, this Office manages a substantial amount of litigation. There are at present
a total of 254 open cases, the bulk of which concern foreclosures (178) and eminent domain
(27).
From October 1, 2011, and throughout my tenure as County Attorney, there has been no
decision which materially adversely affected the County.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
fik
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 the department 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
Page 8 of 10
Packet Page-1771-
9/25/2012 Item 12.D.
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by not running ads where not required.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 Y 3
I Rating
Project for this Fiscal Year
Previously, this Office did a complete review of its ordinances to ensure that the Code of Laws
and Ordinances published by Municode were accurate. This year, I intend to do a complete
review of the Collier County Code of Laws and Ordinances to identify and correct
inconsistencies that may have resulted from years of revisions, and to ensure that we are not in
conflict with current State or Federal law. This will be a major undertaking by this Office.
Should we identify inconsistencies or conflicts, they will be brought to the Board.
Self Analysis:
This past year, the Office reviewed the entire Collier County Code of Laws and Ordinances to
identify and correct inconsistencies that may have resulted from years of revision and ensure that
the Ordinances are not in conflict with current State or Federal law.
During this process and through the coordination with County staff, this Office identified eight
sections of the Code of Laws that are obsolete. Many of the sections originated as acts of the
Florida Legislature that subsequently assumed ordinance status. The other sections were either
unused for several years or superseded by other Code sections or provisions in the Land
Development Code. The Board has, or is in the process of, adopting Ordinances repealing these
sections. Municipal Code Corporation will then incorporate these revisions into the electronic
and paper versions of our Code of Laws.
Page 9 of 10
Packet Page -1772-
9/25/2012 Item 12.D.
The remaining sections of the Code have been reviewed and found to be current and not in
conflict with State and Federal law.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating (/
•
g-- 164/VIA r "Phil-At 1/1-41" de7W— Art
tirk. 74.0.7k xie7 v.:644A( /44.4_
•
Page 10 of 10
Packet Page -1773-
9/25/2012 Item 12.D.
Commissioner Georgia Hiller's Comments to the FY 2012 Performance Appraisals/
Amok
Pay Raise Requests/Employment Contract Modifications for
County Manager Leo Ochs, County Attorney Jeff Klatzkow,
and Executive Manger to the BCC Ian Mitchell
The upcoming Board of Commissioners meeting on September 25, 2012 is not the appropriate
time to review the FY 2012 Performance Appraisals, requests for increases in pay, and
employment contract modifications for County Manager Leo Ochs, County Attorney Jeff
Klatzkow,and Executive Manger to the BCC Ian Mitchell.
The sitting lame duck board should not bind the future new board (which will be seated after
November 20, 2012) in such a manner as to saddle the new board and the taxpayers of Collier
county with contractual and/or financial obligations which may not be acceptable.
The current contracts should remain unchanged until the first board meeting in December when
the newly seated board can decide on an appropriate course of action.
I am providing the numerical ratings for the three performance appraisals presented, however, I
will discuss these ratings only when the new board is seated. The new board should have the
opportunity to discuss these performance evaluations and contracts in detail.
Waiting two months should not be an issue. Taking any action at this time would be nothing
more than an attempt by this current lame duck board to bind the future new board in a manner
which could only be undone at substantial cost to the taxpayers of Collier county.This would be
unacceptable.
CtAl ow*
Packet Page -1774-
9/25/2012 Item 12.D.
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO: Commissioner Donna Fiala, District 1
Commissioner Georgia Hiller, District 2
Commissioner Tom Henning,District 3
Commissioner Fred W. Coyle, Chairman District 4
Commissioner James N. Coletta, Vice-C is I='an R istrict 5
FROM: Jeffrey A. Klatzkow, County Attorne ±t
DATE: August 31 2012
RE: County Attorney FY 2011 -2012 Action Plan/Evaluation
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. In keeping with this
requirement, attached you will find a blank County Attorney FY 2011 - 2012 Action Plan with
Performance Review Measures. This is provided for your review and comments. As customary, I
have also provided my self analysis to assist in your review.
I am hoping to have this item placed on the agenda for the September 25th regular Board
meeting, which will coincide with my contract renewal agenda item. To meet the published
agenda deadline, I would appreciate it if you would please return your graded packets to me by
Monday, September 17th so that I may consolidate the ratings for presentation at this meeting. I
am providing this to you via e-mail in Word format, as well as in hard copy form through Mr.
Mitchell.
I will be available to meet with each of you individually on this matter, or if you prefer,
please feel free to provide me with any comments or suggestions by individual note or memo.
Packet Page -1775-
9/25/2012 Item 12.D.
Annual Performance Evaluation
Of the Fiscal Year 2011/2012 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, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
Asok
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 illustrates and reviews Board expectations for the County Attorney
for the 2011-2012 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 10
Packet Page -1776-
9/25/2012 Item 12.D.
Goals for Fiscal Year 2011-12:
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 of 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:
Below Meets Exceeds
5 L p- �v Standards Standards Standards
2 3
Rating
Page 2 of 10
Packet Page -1777-
9/25/2012 Item 12.D.
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will otowok
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner.
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
2 3
Rating
SLR TrN"t\)
3. Processing Requests for Legal Services. Last year, this Office's response time for
responding to Requests for Legal Services within 48 hours of receipt was maintained at 80%
or more. As always, a number of legal assignments, due to their complex nature, take weeks
and even months to complete. Accordingly, on a going forward basis, this Office will
continue to achieve an ongoing 48-hour (or less) turnaround time on 80% 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) has stabilized in the range of 90—
95% of all RLS's being processed within 48 hours. As always, a number of legal
assignments, due to their complex nature, take weeks and even months to complete. I believe
Page 3 of 10
Packet Page -1778-
9/25/2012 Item 12.D.
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.
Commissioner Comment:
Below Meets Exceeds
Standards Stads Standards
1 3
Rating
!-T1144-Uitcl�
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 and 2012 overall
client feedback. As you can see, during my tenure as County Attorney we have eliminated
the "Does Not Meet" portion of the evaluation, with the majority of the Office now
exceeding the client's expectations.
Page 4 of 10
Packet Page -1779-
9/25/2012 Item 12.D.
Comparison of 2008, 2009, 2010, 2011 and 2012
Attorney - Client Feedback Overall Results
80% � s m "'-'1--.;:1-7..; Y .. nn s --Va fdr N 3 : I 'y"4,141:'1-';'..--,,
s
br �.y`�,�fir :�' ' : + i t�P 9 nq a!�`�( r 1Y -. �'e,+"-�}�t1
W n` ,_,oS_ i 4 .f„ Po- P,�y, .t x i ! �14- k iF'":•ti �� ^� 711 v c! }'i a �`' ',y '-'4V-.,cJdl� i 4y+
70% )1.,,,,_,!- --�� ki !��r i. _ _ ''-'1'.',1:"::".; I � P �., ''''',1, u 4 �
.4r?,: v 4 r r ,= P a } t: T
� `i� 4 T
60% �s'. � r i�z ��x Lr ���F, � n •,',i'''''',' tea"
y ! I
0
., t t `r ;-
� {i L ,� ':::-.4':::',:- J J t I
40% , , �fP
30% .i .}r t,,,-�7
I�
i u M
IL�. 4 r j Y p '�y ,&,il 'E f r j7 Y 5 1
!� ry. # :; I � {RE`s °�".iYy ,
F
07,i1 p I"� '� n M 1 �—
r�n -,-'',4E,::,"- - y d�
10% ex
I'I
0°A) !oH .:--r s,� ..1. ,. e,';'ra3ce._*a.. i.:
Exceeds Meets Does Not Meet
N/A
•2008 •2009 •2010 •2011 ■2012
Commissioner Comment:
Below Meets Exceeds
�C" �G„ Standards standards
standards
Rating
(--si N/ 4
Page 5 of 10
Packe t Page -1780-
9/25/2012 Item 12.D.
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$2,274,300 for FY 2013, while eliminating fourteen
positions in that same time period. As set forth in that attached 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
14
12
10 8.2
8 6.7
6 -:7- 4.5 5 5.0 5
4 2
jill's
i I
FY 09 FY 10 FY 11 FY 12 FY 13
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. Again this year I did not request any
funds for Capital Outlay.
Commissioner Comment:
Below Meets Exceeds
�. �,� Standards Standards Standards
1 3
Rating
Page 6 of 10
Packet Page -1781-
9/25/2012 Item 12.D.
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:
By the end of August 2012, this Office will have made 9 presentations/workshops / seminars
to County staff and advisory board meetings.
1. September 9, 2011 -Public Records Law Compliance to Purchasing Department;
2. October 3, 2011 - Sunshine, Ethics Workshop in the Boardroom for advisory board
members and staff;
3. November 15, 2011 - Sunshine Law/Public Records presentation to Airport Authority;
4. November 17, 2011 - Freedom Memorial Task Force on the benefits and disadvantages
of forming a 501(c)(3) corporation;
5. February 21,2012 - Library Advisory Board regarding Sunshine Law and Social Media;
6. May 21, 2012 -New Hire Orientation—Employee Ethics—video;
7. June 8, 2012 - Code Enforcement Department re-inspection warrants;
8. June 14, 2012 - Ethics Training for the Public Utilities Lab Departments
9. August 29, 2012 - Ethics Training for Human Resources' ICMA supervisor training
class.
Asks
Our Power Point presentations relating to Government in the Sunshine, Public Records Act, •
Ethics Laws and Social Networking are available on the interne at www.colliergov.net on
the County Attorney web page for viewing by advisory board members, staff and the public.
Commissioner Comment:
Below Meets Exceeds
CC Sta Bards Standards Standards
CC. &I) 2 3
Rating
Page 7 of 10
Packet Page -1782-
. i
9/25/2012 Item 12.D.
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:
As County Attorney, I commenced the process of providing the Board with quarterly reports
of our litigation activity. A current report is included as part of this review. As you will note
from this report, this Office manages a substantial amount of litigation. There are at present
a total of 254 open cases, the bulk of which concern foreclosures (178) and eminent domain
(27).
From October 1, 2011, and throughout my tenure as County Attorney, there has been no
decision which materially adversely affected the County.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1
3
Rating
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 the department 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
Page 8 of 10
Packet Page -1783-
9/25/2012 Item 12.D.
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by not running ads where not required.
Commissioner Comment:
Below Meets Exceeds
Standards Stand rds Standards
1 2 3
Rating ,
t,eV 0)
Project for this Fiscal Year
Previously, this Office did a complete review of its ordinances to ensure that the Code of Laws
and Ordinances published by Municode were accurate. This year, I intend to do a complete
review of the Collier County Code of Laws and Ordinances to identify and correct
inconsistencies that may have resulted from years of revisions, and to ensure that we are not in
conflict with current State or Federal law. This will be a major undertaking by this Office.
Should we identify inconsistencies or conflicts,they will be brought to the Board.
Self Analysis:
This past year, the Office reviewed the entire Collier County Code of Laws and Ordinances to
identify and correct inconsistencies that may have resulted from years of revision and ensure that
the Ordinances are not in conflict with current State or Federal law.
During this process and through the coordination with County staff, this Office identified eight
sections of the Code of Laws that are obsolete. Many of the sections originated as acts of the
Florida Legislature that subsequently assumed ordinance status. The other sections were either
unused for several years or superseded by other Code sections or provisions in the Land
Development Code. The Board has, or is in the process of, adopting Ordinances repealing these
sections. Municipal Code Corporation will then incorporate these revisions into the electronic
and paper versions of our Code of Laws.
Page 9 of 10
Packet Page-1784-
9/25/2012 Item 12.D.
The remaining sections of the Code have been reviewed and found to be current and not in
conflict with State and Federal law.
Commissioner Comment:
Below Meets Exceeds
Standards Stan ards Standards
1 22 3
Gam ' i'ii ,t q q Rating
Page 10 of 10
Packet Page -1785-
9/25/2012 Item 12.D.
Annual Performance Evaluation
Of the Fiscal Year 2011/2012 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, represents the
County in wide-ranging complex litigation relating to implementation of government policies
and capital projects, eminent domain, personal injury, property damage, workplace/personnel
matters, finance and land use. In addition to litigation, he is counsel to the County's divisions
and departments for their daily operations. In this regard, the County Attorney is responsible for
the review of all policy documents (resolutions), legislation (ordinances and special acts), and
the drafting, legal review and revision of all contracts, real property conveyance documents and
other Board signatory documents.
The County Attorney's Employment Agreement with the Board of County Commissioners
provides for an annual evaluation of the County Attorney's performance. By custom, this
performance has been measured against performance objectives set forth in that year's annual
Action Plan, by rating each of the performance objectives on a 1 to 3 scale, with 1 being Below
Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are
then totaled and averaged to determine the Board's collective position.
The following Action Plan illustrates and reviews Board expectations for the County Attorney
for the 2011-2012 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 10
Packet Page-1786-
9/25/2012 Item 12.D.
Goals for Fiscal Year 2011-12:
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 of 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:
Below Meets Exceeds
Standards Standards Standards_
1 2 3
Rating 2.75
Page 2 of 10
Packet Page-1787-
... ..rn w..m...•w-. .rnx12�K>tlx _ �g;v ire••+,. r.r. ., .+w n^N":K;'m.n'si,...K.... .e. ..,p.i!-r A#nle'fr: I � ... .. x., ..... '.
9/25/2012 Item 12.D.
2. Written Legal Advice. Both the County Attorney and the County Attorney Office will
provide professional, objective, unbiased legal advice to the Board of County
Commissioners, its advisory boards and committees, the County Manager and his agencies
and employees as necessary for formulation and implementation of legislative policies and
projects. Responses will avoid legalese and focus on the legal issue in a simple,
understandable and brief manner.
Self Analysis:
The continuing direction to all attorneys is to keep their writing clear, concise, and to the
point.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 2.75
3. Processing Requests for Legal Services. Last year, this Office's response time for
responding to Requests for Legal Services within 48 hours of receipt was maintained at 80%
or more. As always, a number of legal assignments, due to their complex nature, take weeks
and even months to complete. Accordingly, on a going forward basis, this Office will
continue to achieve an ongoing 48-hour (or less) turnaround time on 80% 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) has stabilized in the range of 90 —
95% of all RLS's being processed within 48 hours. As always, a number of legal
assignments, due to their complex nature,take weeks and even months to complete. I believe
Page 3 of 10
Packet Page -1788-
9/25/2012 Item 12.D.
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.
Commissioner Comment:
Below Meets Exceeds
Standards Standards 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 and 2012 overall
client feedback. As you can see, during my tenure as County Attorney we have eliminated
the "Does Not Meet" portion of the evaluation, with the majority of the Office now
exceeding the client's expectations.
Page 4 of 10
Packet Page -1789-
9/25/2012 Item 12.D.
Comparison of 2008, 2009, 2010, 2011 and 2012
Attorney - Client Feedback Overall Results
80%
70% „
60%
50% ....
40%
;:g1-="4
300/0 ;tom
20% -
6
10%
0% .. u w
Exceeds Meets Does Not Meet N/A
•2008 02009 •2010 •2011 •2012
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 2.5
Page 5 of 10
Packet Page-1790-
9/25/2012 Item 12.D.
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 $3,097300
in FY 2009, to the current request of $2.274,300 for FY 2013,. while eliminating fourteen
positions in that same time period. As set forth in that attached 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
14 -
13.6
12
10 y 8.2
6 -7 4.5 I 5 5.0 5
4
2
0
/
FY 09 FY 10 FY 11 FY 12 FY 13
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. Again this year I did not request any
funds for Capital Outlay.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
Rating 3
Page 6 of 10
Packet Page -1791-
9/25/2012 Item 12.D.
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:
By the end of August 2012, this Office will have made 9 presentations/workshops/ seminars
to County staff and advisory board meetings.
1. September 9, 2011 - Public Records Law Compliance to Purchasing Department;
2. October 3, 2011 - Sunshine, Ethics Workshop in the Boardroom for advisory board
members and staff;
3. November 15,2011 - Sunshine Law/Public Records presentation to Airport Authority;
4. November 17, 2011 - Freedom Memorial Task Force on the benefits and disadvantages
of forming a 501(c)(3) corporation;
5. February 21, 2012 - Library Advisory Board regarding Sunshine Law and Social Media;
6. May 21, 2012 -New Hire Orientation—Employee Ethics—video;
7. June 8,2012 - Code Enforcement Department re-inspection warrants;
8. June 14, 2012 - Ethics Training for the Public Utilities Lab Departments
9. August 29, 2012 - Ethics Training for Human Resources' ICMA supervisor training
class.
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:
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Rating 2.75
Page 7 of 10
Packet Page -1792-
9/25/2012 Item 12.D.
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:
As County Attorney, I commenced the process of providing the Board with quarterly reports
of our litigation activity. A current report is included as part of this review. As you will note
from this report, this Office manages a substantial amount of litigation. There are at present
a total of 254 open cases, the bulk of which concern foreclosures (178) and eminent domain
(77).
From October 1, 2011, and throughout my tenure as County Attorney, there has been no
decision which materially adversely affected the County.
Commissioner Comment:
Below Meets Exceeds
Standards Standards 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 the department 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
Page 8 of 10
Packet Page -1793-
9/25/2012 Item 12.D.
challenge associated with defective advertising. We also actively seek to reduce costs by
combining ads where possible and by not running ads where not required.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Rating 3
Project for this Fiscal Year
Previously, this Office did a complete review of its ordinances to ensure that the Code of Laws
and Ordinances published by Municode were accurate. This year, I intend to do a complete
review of the Collier County Code of Laws and Ordinances to identify and correct
inconsistencies that may have resulted from years of revisions, and to ensure that we are not in
conflict with current State or Federal law. This will be a major undertaking by this Office.
Should we identify inconsistencies or conflicts,they will be brought to the Board.
Self Analysis:
This past year, the Office reviewed the entire Collier County Code of Laws and Ordinances to
identify and correct inconsistencies that may have resulted from years of revision and ensure that
the Ordinances are not in conflict with current State or Federal law.
During this process and through the coordination with County staff, this Office identified eight
sections of the Code of Laws that are obsolete. Many of the sections originated as acts of the
Florida Legislature that subsequently assumed ordinance status. The other sections were either
unused for several years or superseded by other Code sections or provisions in the Land
Development Code. The Board has, or is in the process of, adopting Ordinances repealing these
sections. Municipal Code Corporation will then incorporate these revisions into the electronic
and paper versions of our Code of Laws.
Page 9 of 10
Packet Page-1794-
9/25/2012 Item 12.D.
The remaining sections of the Code have been reviewed and found to be current and not in
conflict with State and Federal law.
Commissioner Comment:
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Rating 3
Page 10 of 10
Packet Page -1795-