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Agenda 09/25/2012 Item #12E 9/25/2012 Item 12.E. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners reviews and approves the proposed FY 2012-2013 Action Plan for Jeffrey A. Klatzkow, County Attorney. OBJECTIVE: Recommendation that the Board of County Commissioners reviews and approves the proposed FY 2012-2013 Action Plan for Jeffrey A. Klatzkow, County Attorney. CONSIDERATIONS: The County Attorney reports directly to the Board of County Commissioners. In order to assure that the County Attorney's work performance is coordinated with the direction of the full Board, the County Attorney's contract requires that an annual Action Plan is developed by which the County Attorney will be evaluated throughout the fiscal year. Specifically,the Agreement provides as follows: "Employer and Employee shall negotiate in good faith to establish, within one hundred and twenty (120) days after execution of the County Attorney Employment Agreement, a performance based merit system through which Employee shall be eligible for a merit adjustment upon the successful completion of measurable goals and objects to be completed or attained by the Employee during the 2009 fiscal year and each fiscal year thereafter during the term of this Agreement." Attached to this Executive Summary is a proposed Action Plan. The intent of the Action Plan is to establish objective performance standards in which both the County Attorney and the County Attorney Office can be evaluated. The Plan also includes specific goals and objectives which I hope to achieve this year. FISCAL IMPACT: There is no fiscal impact associated with approval of this Action Plan. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: The Board of County Commissioners reviews and approves the proposed FY 2012-2013 Action Plan for Jeffrey A. Klatzkow, County Attorney. PREPARED BY: Jeffrey A. Klatzkow, County Attorney • Packet Page-1796- 9/25/2012 Item 12.E. COLLIER COUNTY Board of County Commissioners Item Number: 6198 Item Summary: Recommendation that the Board of County Commissioners reviews and approves the proposed FY2012- 2013 Action Plan for Jeffrey A. Klatzkow, County Attorney. Meeting Date: 9/25/2012 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal,County Attorney Submitted by Title: County Attorney Name:KlatzkowJeff Approved By Name: KlatzkowJeff Title: County Attorney Date: 9/19/2012 Name: OchsLeo Title: County Manager Date: 9/19/2012 Packet Page -1797- 9/25/2012 Item 12.E. Fiscal Year 2012/2013 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 oak provides for an annual evaluation of the County Attorney's performance. By custom, this 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 2012-2013 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 3 Packet Page-1798- 9/25/2012 Item 12.E. Goals for Fiscal Year 2012-13: 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. 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. 3. Processing Requests for Legal Services. Last year, the 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. 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 Page 2 of 3 Packet Page-1799- 9/25/2012 Item 12.E. 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. 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. 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. 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. Amok 8. Advertising. We will continue to monitor advertising of ordinances to ensure accuracy and timeliness. Page 3 of 3 Packet Page-1800-