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Agenda 09/28/2010 Item #12A Agenda Item No. 12A September 28, 2010 Page 1 of 49 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 adjushnents 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 3'1'0 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 Agenda Item No. 12A September 28.2010 Page 2 or 49 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 12A The Annual Performance Appraisal for the County Attorney. 9128120109:00:00 AM Prepared By Jeff KJatzkow County Attorney Date 9/20/20102:34:35 PM Approved By Jeff Klatzkow County Attorney Date 91221201011:54 AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 9/22/201012:59 PM ._--~---,-,.~"~.^---<<~",^".,,,..,,,-,,._*,-- .. Agenda Item No. 12A September 28, 2010 Page 3 of 49 OFflCE OF THE couNTY' ATIORNEJt INTEROFFICE MEMORANDUM m ~u~r;;~,~~ Commissioner Donna Fiala. District I Commissioner Frank Halas, Vice-Chairman, District 2/ Commissioner Tom Henning, District 3 Commissioner Fred W. Coyle, Chairman, District 4 Commissioner James N. Coletta, Distric 5 BY, . ............. .......... TO: FROM: .1effiey A. Klatzkow, County Attorney DATE: August 11,2010 RE: County Attorney FY 2009 - 20 10 Action Plan / Evaluation Attached you ""ill find a blank County Attorney FY 2009 - 2010 Action Plan with Performance Review Measures. This is provided for your review and comments. I have also provided my self analysis to assist in your review. In keeping with the County Manager's plans. ] am hoping to havc this placed on the second agenda in September. 2010. To meet the published agenda deadline. I would appreciate it if you would please return your graded packets to me by Monday. September 20th so thall may consolidate the ratings for presentation at the September 28. 2010 Board mecting. J will be available to meet with each of you individually if you desire to discuss any questions. comments or suggestions. or feel free to provide me any comments or suggestions by individual note or memo. If you should have any questions about this appraisal task or wish to meet with me. plcase contact mc at your convenicnce. Agenda Item No. 12A September 28.2010 Page 4 of 49 FY 2009 /2010 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 Attomey. The County Attorney is the legal advisor and counsel for the Board of County Commissioners, its advisory boards and advisory committees. The County Attorney also provides legal counsel to and assists the County Manager and his agencies in order to facilitate the goals and objectives established for the County Manager by the Board of County Commissioners. The County Attorney, through the assistant county attorneys and supporting staff, represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace/personnel matters, finance and land use. In addition to litigation, he is counsel to the County's divisions and departments for their daily operations. In this regard, the County Attorney is responsiblc 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 perfornmnce. By custom, this performance has been measured against perfornlance objectives set forth in that year's annual Action Plan, by rating each of the perfornmnce objectives on a 1 to 3 scale, with I being Below Standards; 2 being Meets Standards; and 3 being Exceeds Standards. Individual evaluations are then totaled and averaged to detennine the Board's collective position. The following Action Plan illustrates and reviews Board expectations for the COUnty Attorney for the 2009-2010 Fiscal Year. The Action Plan is based on the broad arcas gcnerally expected to be perfornled by the Managing Partner of a significant law firnl, including: legal advice; leadership and organizational direction: communications: fiscal management: and persnnnel managen1ent. Page I of t I ~..______..____.__o~._".._,~ Agenda Item No. 12A September 28. 2010 Page 5 of 49 Goals for Fiscal Year 2009-10: ] have and will cominue 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 funher 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 ]. Oral Prescntations at Meetings. ] will continue to work to assure that both the County Artorney's and the County Attorney Office's presentations at Board of County Commissioners' meetings. advisory hoard 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. :-o.::!r :\Jl~li ~ :,;is: j'hi;: (}jTic;: cndl.'u\'()r~, Lll J~,',ij(j'l,\ iornH',' ((il:n:> \h\l):~tl'r ,lil11 i\-!udd-,,,,; :--;~j~C L1!"1proa.:h (I;" th~' ..thrl'i...' fr~ \\llh f'~'>P'..\:i iit !~,larli pr~';;L'11ii.Jli(lJ>. 1.1LlI :,'.IU Hl"lhi;.:'C 1~'.:.' Brilird!ll. and f'L: (iilrlt.h ,1:I:.:L1;n:..: ,-:j,,';~'U:-:;ili:j :11 hi i, )jiIC'~' I' ;W~'l' :~''.:!iU~:~:\1;: II lL!" r~::-:'p\)n,,~'> Ji",-: nrl',~.l'lH~!Li(l!L'; ;\; lu::ri..i lrll:i...'1!11:2> :,' il~:;r: i"k'I\!lr: \, !'I\..'I ti:l\'~ jO; l"L\_':i ~,~ i.". :l'~':",c. ;.:I'~'w ,Ilid ;','~:P':'lh:\,. \\<:' \\l>uk \\]:-;h, "\Ji l'i"!lI:rlU:~ i:, .''-..':..'1, ITljlr(\\l'nl~'n~ iTi t:1;, ~::~'~1. C0111n1issioncr Comments: Would encourage more dialog at Commission Mectings. Somctimes you need to he prodded for advice or for possihle information to assist us Commissioners in makin~ the correct decision! Going forward this would bc an asset to the mcetings. ! Below I Meets I Standards Standards I 1 . 2 -Ratln"ij-T----=t= 2.0 Exceeds Standards 3 Page]. of ] 1 Agenda Item No. 12A September 28,2010 Page 6 of 49 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, understandaIile and brief manner. Self Analysis: The continuing direction to all attorneys is to keep their writing clear, concise. and to the point. There continues to be improvement in this area. Commissioner Comment: Excellent Correspondence!! Below Meets Exceeds I Standards Standards Standards 1 2 3 i Ratina 2.8 , 3. Processing Requests for Leg-al Services. Last year, utilizing our electronic records system, we determined that for the period April through June 2007, the average turnaround for an RLS (Request for Legal Services) was ]] days, with 3% of all RLS's being processed in 48 hours or less. Smaller samples taken from prior years showed that an ]] -day turnaround has been a longstanding practice with the Office. ] found this to be unacceptable. After a challenging few months. we were able to increase this Office's response time to consistently achieve an 80% completion rate 011 processing RLS's within 48 hours of receipt. 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 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. Page 3 of I ] '-'-'-'-"~--"""~'-~""-'" Agenda Item No. 12A September 28,2010 Page 7 of 49 Seli Amlysis: 1'11(.' response time 1(1 Requests for Legal S~r\'ices h:JS stabiiiz~'d in the rangl:.' of 90 - 9511,(, or' all RLS's heing prucl'ssed within 4f; !lours. l'hc fullo\.ving graph shows the RLS'~; received and closed all u monthl, basis: RLSs Received and Closed August, 2009 through July, 2010 450 _.._--~- 400 350 300 250 200 150 100 50 0 .__~._... _____.w._....._._...__..___..__.__...._.._ 8' R 8' R .... '" -0 .f? 6' ,f? R .... '" t cJ Qrb C) "- rt' ,:: '" ~ -,'" :2 rC) v :2 rt' ".: $' :2 rt' ",' g ') :2 rt' "'. $ ') C) "- rt' :2 rt' .,,' <f " .... ~ g> " ,f? R .... '" t ~ ~ '6 ,f? R .... '" ? !! # &I RLSs Receive9 t RLSs C;losed J (:.' / '{} "'- ~. " ..." .:.P '" 'I ~ ::!\\,lY:. '-: nUrn!'l,-" (': ,!~:;l~r!i\ ;~.~jH'. :..iu'~' ~\' "I:.:!:' ~i.\:ll]\::':\ :i~IlUr:.::. Lli,v v:,-'U',> .,il..1 '1:\ <:lib :\ :)',.', :i ~I', I i :! :: ~ i I: '. [ij, ,l~ ,,; ~I " :.!i ']\....'!, ',I 1..: \L':~! ',!!" 11'.',::1 :11'. : , '::: ~ i I :. i II \ : ',"'. ' ;)1...:1' i I :...' ~ II "1 :.1 ; i ~;~' ! j !:.:!~':. '\', ,-' ~l' ;'1.: '"'"', jiL' iLl~',i T: ,;i'IL;r ii! ,:,-,r-It..::\L__: "ll!( j:'1' : 'I.~.., l.l;" Page 4 or 11 Agenda Item No. 12A September 28,2010 Page 8 of 49 Commissioner Comment; Great Work! Please thank your stafffor a job well done!! Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating 2.9 4. Client Satisfaction! Peer Review. Client satisfaction is a major goal of this Office. In furtherance of this goal, I have instituted a practice in which performance eval uation 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 I to 3 scale, with I 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. Attorneys who consistently deliver outstanding performance will be rewarded, and those Attorneys who cannot achieve satisfactory reviews by their clients despite multiple reassignments will eventually leave the Office. Client reviews will also factor into each of the Assistant County Attorney's performance evaluations. In short, the County Attorney will ensure that Assistant County Attorneys and support staff are motivated to work to their full potential, that excellent performance will be recognized and rewarded, and that poor performance will not be tolerated. Self i\nalvsls: Again this y~ar. an /\norncy-C'hcnl Fec'dhack ((.lrm \Vas provided t(l the Coumy 1\1anagt'L Division Administrators. and select Depanment Directors to solicit their opinions reg;:uding the services they receive 11'0111 th-:: County !\l1orney Ofj~cc-. These results arc Uliiizcd 10 shift workioads if dCptlJ1mCnlS are not satisfied Wilh our services: they arc alStl luili7Cd in the (ltwrne::"s individual annual performam.:c evaluations, The following Is a chart showing a comparison of 21i08. 20()() ano 211 Iii ,,\"crall cllem feedback. As VoU can ~ee. during my tenu;'e 3S County L\ttorney \A.'(' have 'tripled lhl'" "E\cc~d:,.' evaluation of Lhis (H1i~,-; whik virlUalJ.\ ciiminalin;; lh~ "r)DC~ I'\ot ~'k,:C portion dJ" lhe evaluution. Page 5 of ] 1 I i I 40% Agenda Item No. 12A September 28,2010 Page 9 of 49 Comparison of 2008, 2009 and 2010 Attorney - Client Feedback Overall Results 70% 650,( ',,%;""" ::::~:i.i;' 60% 1% 3% i,"'\:\i!\ 50% 30% 20% 10% 6% OO/v Exceeds Meets Does I~ot Meet Ni~, Il:::!ODB 02009 2010 Commissioner Comment: Great motivation! Emplo~'ees are focused on the goals thai need to he obtained. Below I Meets ~ Exceeds Standards i Standards I Standards I ____J ---~~- . 2 =R-."-~ Rating 1'=---=--, 3.0 I Page 6 or I 1 Agenda Item No. 12A September 28, 2010 Page 10 of 49 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. During the Fiscal Year prior to my becoming County Attorney (2008), this Office's budget for Personal Services was $3,173,600, with 13 Attorneys and 18 Support Staff. Next year's proposed budget for Personal Services seeks $2,575,300, with 10 Attorneys and 15 Support Staff, This represents an almost 19% reduction in personnel costs, and was accomplished with no loss in service through voluntary attrition and by closing our offices at CDES to consolidate this Office's operations. The proposed budget contains permanent cuts of 8 positions, with 1 budgeted but unfilled Attorney position. This position will likely need to be filled when normal activity resumes in permitting and land use. 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: This ot1ice has reduced expenditures irorn S.J.537.200 in the FY 2()(J9 adopted budget to the current request "r S2. 906.100 in FY 201 I. a reduction of" $659.800 and the eli rnination of eleven positiom in that same lime penOlI. The Office is currentlv budgeted j(lr lwentv-three pcml:ll1ent positions (9 atlomeys and 14 supporl stan"!. 'rhe reduction in pcrmnnel \\as accomplished with nt' IllSS in service due to a general declinc in County business (especially land use). bl cross-training the assistant county attorneys and staff and hy closing our ofJices at Hmseshoe and consolidating this Office's operati'lI1s, As I stated previously, it is my intent to continUt' III penllanemly ,'cduec this Ofncc's support slarf tbrough l101l11al attrition until i reach a ralio or approximately I support slaff perSl111 per aHomey. which my rcsearcb hus ionnd is typiGl! throughou1 Ct1UlllY Attorney Onjc~s in this StalC'. i\gain th" )"e:if I did nol request any runds ii,! Capit" i OUlby. Commissioner Comment: Great Job! Thank you and )'our staff. Below Standards 1 Meets Standards 2 29 Exceeds Standards 3 I RatlnQ Page 7 of ] ] Agenda Item No. 12A September 28,2010 Page 11 of49 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 tbe end of Augusl 20 i 0, our attorneys will have made 7 presentations / workshops i seminars to County stair and advisory hoard meetings. 1. Novemher 13.2009 presentalion to advisor\' hoards relating to social networking: December 3. 2010 presentation by the County Attorney to the Florida Association or Count) Attorneys relating to social networking: .'. Fcbruar~ S. 20 10 presentatiun 10 the zoning stuff relatmg to (ioogle Earth for Planning and Zoning: 4. April 7, ~010 pTeSen1'3liOn In Pclicrm F~ay Scnic(~s Divisitm relating to Sunshine, Public Record~;_ Sllciali\cl\\orking. and [1h1C::;: 5, April 21. 2010 presentmi01l10 cl11rl\'y<.:e~ rcl::l1mg 10 ethiCS: b. .hHlt: 14.201 (l presentation 10 ('o(k Enr(lrc;?m~nt Board relating 10 ~unshiIl';" Law: Jul: J:). 201U prescntatiolllo COnSlT\'UlioII ('(\IJierrelmint; W Sunshine 1.,3'11'. " " ()U" entire !'(l\.W] !'oil11 rrescmal1(\n ,)! Sunshine Law. !'ubllc Records Act and Slate and Lpcll Lthics La\\~ is avuilabk on the irncrncl at \~....\.~:...~~~~?JlicD:'o-~'.nel un the Counl~' At10n11'\' \\\::,h page I~}l' Yll'\\1I1g h: athiso1": h()~lrd memlx?r~. ~;latT and the public. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 Ratmo 2.8 7. Liti!.!ation. We will continue to prepare and distribute concise quarterly reports for tbe Board with respect to current litigation. including potential or anticipated legal issues that may come before the Board of Coumy Commissioners. ~"l'l .\..n~lh:--]" 1 11:\1,"':' rn'\I.j'~d ~;jl~ lhE!r..: \\il!: !;~l~,:Hi Hi l1:'I':'Wil; t'l'rrll:'~:- ',';j i_)l.:ln~c!'. =..~. :20i{ .I<::l!u~!n":''' 2()j(): \pn i-+. ~(ili.l ,-l;1<..J .It!h ~~.i_ =:0\1' 1 k~ ll'~";:\ l"t..:;y,r: \\ii )''::.' pnj\'idt'c! in nC1(\~-llT 2tiiO Pag.e 8 of 11 Agenda Item No. 12A September 28, 2010 Page 12 of 49 As you will havc noted ii"om those rcports. this Office manages a substantial anlount of litigation. 1\S of the July. 2010 rcport thcrc was a total of 369 cases. half of which were foreclosurc related. From October I, 2009. to the present there was no decision which materially adversely affected the County. Commissioner Comment: Below Meets , Exceeds Standards! Standards Standards 1 I 2 I 3 I Ratina I , 3.0 Projects for this Fiscal Year I. Records Management. The County Attorney Office currently has several hundred boxes of documents in storage. It is the goal of the Office to work with the County's Records Management Liaison Officer to either destroy old materials pursuant to the Records Management Retention Schedule set forth by the State of Florida or scan the documents into our document management program. This will eliminate all off-site storage, resulting in savings to the County of approximately $10,000 per year. Self Analysis: \,'e havc dili[!cntly work cd with the (ounty', Records Management Liaisoll Offi"cr and haw rc\"it:'\ved and either destroyed or scanneLl the come-nts of 606 boxc::.; lhat were hdd in ~loragc. Titis i~ u long. tedious proces~ sineL' there- is l1C index or the document:- in Ult hoxc~ anJ \Vl' must assure that we remain in compliance with the Public Record" Act. Commissioner Comment: You and your office are on the right track. Thank you for all your hard work.. Exceeds Standards 3 Rating Page90fll _'__'_~""._"'_.._._.,--.._~.,.,. ,~,~.- Agenda Item No. 12A September 28, 2010 Page 13 of 49 2. UPdate Municode. Based upon private concerns, this summer we had a volunteer check Municipal Code Corporation's (Municode) Code of Laws and Ordinances against the actual ordinances adopted by the Board. It quickly became evident that there were numerous errors and omissions between the Board's actual ordinances and the published ordinances in Municode, including the omission of entire ordinances. Apparently, no one in the County has heeD proofing the published Municode Code of Laws and Ordinances. This Office is presently working with Municode and is in the slow process of correcting these errors and omissions. ] intend to have this process completed by the second quarter of the fiscal year. On a going forward basis, this Office now proofreads all Ordinances passed by the Board, including those related to the Land Development Code, as they are published by Municode, to ensure their accuracy. Self" Analysis: 'J hIS ~oal ha~.., bLcn achieved. After ~~tcnSl\'C and :-;ubs~antja! V\'ork \\'jth t\:lunicipal Code Corporation we hayt' l:orrected nU111CrOUS errl'rs .::md omissions hetween the Board's actual ordinances and the ruhlished ordimmcc,; in l'vlunicodc. We are 110W rf(\ofj'eadi11~ all SLJpr1crnenb and comparing tliCl1l In the ordinances adopted h~' till.:." Board of (ount:- (i)Illmissionc!':; Thi:~ (1:'fiCl' \\ili cnntinw,... 1(', pnH1fn.:,ud the :->llrrlement~: hl assure their :'K\..~llnh..': . Commissioner Comment: I hope we have left the true intent of these ordinances As was intended by the Board of Count). Commissioners and the real intent Has not been "watered down"! Below Standards 1 Meets Standards 2 2.7 I Exceeds Standards 3 I Ratmo 3_ Create an Internship Progranl with Ave Maria School of Law. We are in the process of creating an Internship Program which will enable any second or third ycar law student fTom Ave Maria School of Law interested in local govenU11ent law to intern with this Office at no cost to the County. Working under the supervision of an attorney. the intern would work approximately 8 hours pcr weck for a 12-week period, rotating through such areas as Code Enforcemcnt. Litigation. Land Use and general Board of County Commissioner issues. Based on my conversations with other County Attorneys who have such programs. properly managed. law student interns increase the productivity of a County Attorney's Office at no cost. Another benefit is that over tlme this program will create a recruiting pool of potential assistant county attorneys for this Office. Page 10 of ] ] Agenda Item No. 12A September 28,2010 Page 14 of 49 Se If Analysis: W<: have now had Iwo interns from A vc Maria La" School. It has worked nut well. Th<: interns have been able to assist the attorneys in research and writing of pleadings. David Wagner, Director of Externships for lh<: Ave Maria Law S<:hooL stated in a recent e-mail "[ cannot express fnIly the gratitude that we have for your panicipation in rh<: Ave Maria School or Law Exwmship Program this semester. This program exists bemuse of your interest in Ave \laria School of Law and your commitment to our students." This office is preparing to hosl another studem intern Ii-om A v<: Maria during the Edl 20 IO SC111CSlcr. Commissioner Comment: Thank you for your service to this community and to the Board of Count)' Commissioners. It has been a difficult two years and you have met your goals well. Thanks to you and }'our staff. Below I Standards I 1 Meets Standards 2 Exceeds Standards 3 3.0 Page I 1 of] ] ,-"._,-,-~.~._-,",~..,._,,-_.~-_.~-_. -'-_.~~-~-,_., - Agenda Item No. 12A September 28, 2010 Page 15 of 49 OFflCE OF THE COUNTY A ITORNE"i INTEROFFICE MEMORANDUM DATE: Commissioner Donna Fiala. District I Commissioner Frank Halas, Vice-Chairman, District 2 Commissioner Tom Henning, District 3 Commissioner Fred W. Coyle, Chairman, District 4 Commissioner James N, Coletta, District 5 Jeffrey A. Klatzkow, County Attorney r August] I, 2010 TO: FROM: RE: County Attorney FY 2009 - 20J 0 Action Plan / Evaluation Attached you will find a hlank County Attorney FY 2009 - 2010 Action Plan with Performance Review Measures. 111i5 is provided for your review and comments. I have also provided my self analysis to assist in your revicw. In keeping with the County Manager's plans, I am hoping to have this placed on the second agenda in Septemher, 201 O. To meet the published agenda deadline, I would appreciate it if you would please return your graded packets to me hy Monday, Septemher 20th so that] may consolidate the ratings for prcsentation at the Scptember 28, 2010 Board meeting, I will he availahle to meet with each of you individually if you desirc to discuss .my questions. comments or suggestions, or feel fTee to provide me any comments or suggestions by individual note or memo. If you should have any questions ahoul this appraisal task or wish to meet with me, plca,,>c contact me at your convenience. Agenda Item No. 12A September 28,2010 Page 16 of 49 . - ~ FY"20Q.9 12010 Action Plan Jeffre.a..p, Klatzkow. County Attorney The County Attorney is charged with the responsibility of planning. directing and reviewing the activities and operations of the Office of the County Attorney. The County Attorney is the legal advisor and counsel for the Board of County Commissioners, its advisory boards and advisory committees. The County Attorney also provides legal counsel to and assists the County Manager and his agencies in order to facilitate the goals and objectives established for the County Manager by the Board of County Commissioners. The County Attorney, through the assistant county attorneys and supporting staff, represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain., personal injury, property damage, workplace/personnel matters, finance and land use. ]n addition to litigation, he is counsel to the County's divisions and departments for their daily operations. ]n 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 J to 3 scale, with I being Below Standards; 2 heing Meets Standards; and 3 being Exceeds Standards. Individual evaluations are then totaled and averaged to deternline the Board's collective position. The following Action Plan illustrates and reviews Board expectations for the County Attorney for the 2009-20]0 Fiscal Year. The Action Plan is based on the broad areas generally expected to be peti'ormed 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 11 Agenda Item No. 12A September 28, 2010 Page 17 of 49 Goals for Fiscal Year 2009-10: 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. StIr Analysis: J"hi\ (}nice ('nJ(,~I\oJ':} tc- kdkl\'-' IPrmcr (ounl) :\lanag('J" Jim ~v111d\.f ~~ S;i~l' approach ili" dll' "'three Ir~~ \\.ith f(..';--':!K'Cl tl;. Huard nr\;':-"L'lllations: lhin you He BrieL He Hrilliant. and Be' (i(\t1c:" ;'.lIl.';l1~(\jJ :,' ,ji:,;;'~~I:,:~i'..\]r ~l: lhl' (.\t";!,~.~ P:":'..:r '~'\'H:d,Hj("P i': i'll<' r~:';pOil <,.<;: ;m,j pr(:~:ci1lal!nn... ~ll Buard ~11CClii1~'; U bVI]"':. ii..t;,.Tdi'-'. \'.,IL'!' '.' !l~l\'__ 1]:'; !"i;:'~:~'~ ~l': ',:')JJ;.,:I(:::,-,__'kar .:.md 1\:~;plljl:;':;\" ,. \'.(' \\nuld \\ 1\11 ; \\'i11 ,',qilinLL' L" :-.;.'.'L ;!l'J;,!"t~\ ;':;1);..:1:. Ii !lii". ;;r~:: Commissioner Comments: :'- Below i Standards 1_1 L Rating L- --_..,--_.~~ Meets Exceeds Standards Standards :/, 3 /'-... -- Page 2 of 11 Agenda Item No. 12A September 28, 2010 Page 18 of 49 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 /\nal)si5: 'rhe continuing dir~ctiun 10 all attorneys is to k~cr their \\Titing clear. concise, and tu lhe point. There continues 10 be impnwemenl in this area. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina OX 3. Processing Requests for Legal Services. Last ycar, utilizing our electronic records system, we determined that for the period April through June 2007. the average turnarOlmd for an RLS (Request for Legal Services) was I I days. ",ith 3% of all RLS' s being processed in 48 hours or less. Smaller samples taken from prior years showed that an 1 ] -day turnaround has been a longstanding practicc with the Office. I found this to be unacceptable. After a challenging few months, we were able to increase this Office's response timc 10 consistently achieve an 80% completion ratc on processing RLS's within 48 hours of receipt. 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 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 prcparation 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. Page 3 of 1 I Agenda Item No. 12A September 28. 2010 Page 19 of 49 Sc1I"\l1aiy,j:;: The response til1l-;'" H) Request;; (or l,c~!al:<:r\-'iu_':) ha~: suhiii/.(.'d in thl' range p( 90 9.50;lo( all i,~LS'~; bl~in~. prnc2~;:-~~..:d \'i,ithin 4t how'.'':' l'h'-.' fdllu\\'in:.:'. grZlpl: :,how,c; the RLS';.; rel:i..'i\'l~d and clo:--;r.:d on ~1 monthl) h:l~i:.; RLSs Received and Closed August, 2009 through July, 2010 450- ---- 400 350 300 250 200 150 100 50 0 8' 8' 8' 8' 8' fJ fJ fJ p fJ v v ...' " .... ...- '" '" '" '" '" ~ f -Q ", :8 ~. ..'2 G t " ~ '-' Q 0 .:. v ~ .f Q'" Cl Cl Cl :2 :2 ~ :2 "- "- "- ~ rCl ~ ~ ~ R R v 2-; .;-: f/ ? :;; <Ii "'. $' }, ... .f ~ $: S .!!' .., 'j "" <f " ,'t' ,,-'" IlIRLSs R..c..rved i RLSs Closed ....-_..".._~~._'-"..- U!:i ~ i' :, Ii,." "1'- . ,-:~L ,li:\.: .' 1,- ',; I. n :' i1'. ;lr'~'.:_ I~ j ',. -,;'. ,:ill: ,} ....,:':i' I ~j ',: 1 : i : I' ..:.1,--' 11';-;: ":\" L'j' iU~ 1 ;~: :;.. :i, '-. ',i~l'-!J;"U', '".: ',to, Pag:e 4 of 11 Agenda Item No. 12A September 28. 2010 Page 20 of 49 Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratino '"' "- 4. Client Satisfaction! Peer Review. Client satisfaction is 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 pcrformance of each attorney in the Office. Thc reports rate the attorneys on a I to 3 scale. with I 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. Attorneys who consistently deliver outstanding performance will be rewarded, and those Attorneys who cannot achieve satisfactory reviews by their clients despite multiple reassignments will eventually leave the Office. Client reviews will also factor into each of the Assistant County Attorncy's performance evaluations. In short. the County Attorney will cnsurc that Assistant County Attorneys and support staff are moti vated to work to their full potential, that excellent performance will be recognized and rewarded, and that poor perfomlance will not be tolerated. ';-...'1 ;\ n:lt\ ',:: 1': UlI> \'':~H. ;1[, \ll\\JiL'\ I....'nt: l.'VdrUl.k i;';'J1i 1\<1', pn1\idc.,-! 1:' Ih,~ ':) Ll:i ( )r'!'<lHi _"',un:lli'';~.r;lU''r.-:. :;:L ~<'k',-': :h..'j~::r~i;L?n; i)ircC1U1"' 11' '';,liE'I: ~1iCi' (',;" :1] 1!1;, !,-~_T;;!U !!~ Uh,:~;~':'\ ]~:l'~' l::l'\ 1\.'(',:: ~' r:'i<), !t '.I,.mt., '. Tji,:--;ll: (ln~c~ j'he. l.;\> lii L): 1];/'_'.., 1;' :111; ,Iri-;!;),h,i' ;k,~;ii i ': !:_'~ < ".j i j I,',' '\ '\1'; 'IIi] 'I',. Ii", 'ill; ,/;~'l' II), :lltllnll: lidi\iJL;;il dilIH.,[ r ('nn;ijj~:~ .'\a!lI;di; !i> i ~j;_' :'" I ! I. 1\\ I :", ~ ,--'" ,;I',:"\',!" >_..." nr,I1"1.,O) ~IJl'ii -'ill I'" ;,., "1 II - ',.1; , '.. L",'un~i~';. >, II ~ ... < , --' ~ _ '~, I~'" nl' :;..'m:r"_:h I"unt \tt'''"i !';:(\ :I'j ...! lJl:;' \ ,...'~ u:-- '<J!"Uii"il I, I';' '!i':'i,~"~' \''.h:k ',Jr:li:"ji '~'n:'iiln:i1 '''. " i(I"':' ,i::":;": ';.;;u,;;'" "'" ,~I L,;J . Page 5 of i i Agenda Item No. 12A September 28,2010 Page 21 of 49 Comparison of 2008, 2009 and 2010 Attorney. Client Feedback Overall Results 70% .------'66%",--.,.-. ~--~..~-_.,,----_...._'-~~.- 60% 50% l.ilA 40% 30% 20% 10% 1%3% 0% Does I~ot Meet Exceeds Meets L~,'-Ei-2~QE;.~-_~2~~~_~_=~~?:.~.~I.=] Commissioner Comment: I Below i j__ Sla~dard5 [Rat;ng -I Meets I Exceeds I Standards Standards i ,-~~'j 2 3,j : Pa!!l' h of I ] Agenda Item No. 12A September 28,2010 Page 22 of 49 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. During the Fiscal Year prior to my becoming County Attorney (2008), this Office's budget for Personal Services was $3,173,600, with 13 Attorneys and 18 Support Staff. Next year's proposed budget for Personal Services seeks $2,575,300, with 10 Attorneys and 15 Support Staff. This represents an almost 19% reduction in personnel costs, and was accomplished with no loss in service through voluntary attrition and by closing our offices at CDES to consolidate this Office's operations. The proposed budget contains permanent cuts of 8 positions, with 1 budgeted but unfilled Attorney position. This position will likely need to be filled when normal activity resumes in permitting and land use. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition until I reach a ratio of approximately I Support Staff person per Attorney, which my research has found is typical throughout County Attorney Offices in this State. Sell Allal\s.is' rhi:.- nfficL" iw-: r~~dui...'cd l'\pcnd1\ur'~'~; rrnm \'~.5~7.2(jO iT: liL' F\' ~O(jq ,-UiOplCd bud~Cj 10 th,,~' (;Urn,Til i"l:qUl'S[ ir ."tL_.i;Ot!.100 In J.y 201 i. ,1 j"Cductl\l:: ,lj" S;(~:'(l.;~(I() and till' cill11in~:tiun ,\~ ,,:k'\::.~n p(),'~i[i{ln> ii" tkl( :';:l:11(' lim~.: pi~Ti\ld The UiTic(,~' J:-. C\.lTTClIlh hudt2\;;'!('d rot, 1\\'Cn1:,:-lhrl.'L' !XTrn,HH..'Il! nn.'1lli1'l1;" f l} ,HiI1rnc:':-..: and l--.t :;UPP(lrl ;;;tliTi. rhe rC'duction lf1 rCf'sonncl \\~l.;'; dCl'1lfllplishcd \\1111 n(l jos.~, in :'I.T\'IL:(' due IIi;i !.~L:nl~ra] decline: in ('oumy busiut2S:; Icsp\.:i.."jal]~ l:JnJ u:..;cL h:\ cn;';'-.-ll,.linin~ ll!(' :L-,:;i:<lanl cnul1t: al1unh'~':, ~mJ suJL and (1) clOSing our i,)fjli.."...> d: lii,'-':':-;c:;lhH~ an~l (":~n:.;(diddlin~: thi:.:, i )fti(:L",< C1f"'-1':.ltJ(\Il."<_ ,\s I.;ta[('o pn,-'\iilusl:., i1 is l'~l) il1!clll jp C'{lminUl' hI pLT!l1an:~'n1i: r;~~dll:"':(' thj.,. (nncc' ";UPP\l]-; :--:tnjl through j)Offn.::I :!llrilJUll Llfllil ! I"~'acl', r:i:)( ,\! ~!)lr'r",\.:ti:Ltt'i:, l -,",upi),ir, :;I~\!!1 pcr"lH~ j"'L'I . \\hich r;n '\>,;t..'~l!-L'h ili.ic' ) ~)\ mei i.; 1\ ,I ~ I" (1 \11\1n:('\ (ljri('~> il: lili....: SUle \::--:.::\:1! 11-1! ~\ C~lr ,11;.1 1hi; ;':,',ili:.: 'all'- ['unci, tin ( :lpiwl ;' -H:t1:1: Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I RatinQ - --;., Page 7 of 1 ] ______n".___._'."'_~,._".~,_,~._,....c,,_.....___..... Agenda Item No. 12A September 28.2010 Page 23 of 49 6. Public Records and Sunshine Law. This Office will continuc 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. Sell" Analysis: H' tile cnd of AlI~.ust 20JIJ. our allum,'ys will 11:1\"<:' l11llCk 7 presentatiuns . workshops i ~--.~l11inars to County suff and uC1\'i;.;nr) hO~Jrd meetings. ~rl\'('mh~r I~, ~OOt) pn::-;cntallon 10 :H..hisory hoards rdating to ::-;{lc:ialllc~\\'{)rkillg: Dl..'l"Clllbr:r -,. 201(1 rre~iel1Lllinn by the COlHll:-\\tornl'Y In the Fl()rid~l .'\~'.snciatinn 01 ("<lunt> ...'\tt\)r11:,::':-, r(l~ltin!:-,- \e. "(Kl~tllh.'twnrkin~: l'chrua.r~ t\. 201 () pJT"-l'nuti,.l1l h'j the /.(.lilin~' '~utl rl'jatil1~ l(j t;lh~gh: LiTlh i()r l'i~111ning ;~nd /Of1ln~'. -> 7 ::'.011.,1 pr--::.;;c,lLti,liilP h.'!I'':~li: !~:1\ S,---'"'\l,-'(">, j)~\I:,:i,\n rl'i;llrn~ iO SUI1:--iilllll.', Publi~ ]:,(,'--'1)1"(1:, :--",,--~lal i'~ct\\i.\l'i-..\l!;_ ~md ilf1I',.'.< \~'~i'l: _~,. ~n 1 (, !~;\>,'ll(;l:klr: j,l ,-T;Jnl\\~ ~','."' r,-'l;lllll~. l~' '~'iili('; .1 I i]l~ ~,' ~:l\)CI n)',_':--(.'[":;:)II',1] ~\\ (<L n~'l',r~-'i.:rn~'!1i \'lddn: r;.'l~\tl!!:": 1[1 ~l!nsjlllL' i ,c'j'.', _ -to .~1)1(; nr...>.,. ;1i..illl1), 'I;; ,'- ',',:I.IIY: :' \' ]1'.'1' :"~'Llli:)~._ j(" \lllbll[rl~' Lil\\'. Itp ''':i-lllT"(..' :\1\\\.'; hl!lJi ;'!L',....:,,'\UUP]' , 1 >,ll;billlh ,,;1\\. h]hh~' 1<t.:~I\[ l.i.< \,~.: '-\11-1 :....,t:~L :ilH.J ;d l'lhlC' _,I\\"!-' ,1\~llLi;'1i~' (111 t:j~ ii"I".Tlh':l ,j; \\ ,1!' '.hL ( \IU1l1', .\1\<\t'!i:""\ .\'.-:' P,!;-'~i;]l . :~'\" !!'I'_ 1--,' ::,' ',ell" ii",::< :ll:."lll:~'''' ,i~i:: ;:n,' '.ilL: \lUhllL' Commissioner Comment: r-Selow- I Meets --I Exceeds i Standards I Standards i Standards ,__~+__~--L__~ i 3---i .l'"t'fl9_ L___ _I. - --~ 7. ]jti~alion. We will continue to prepare and distrihute concise quanerly repons for the Board with rcspcct In current litigation. including potential or anticipated legal issues that may come heforc the Board of County Commissioners. I. :., 'I:'"~ II Page 8 of I I Agenda Item No. 12A September 28, 2010 Page 24 of 49 As you \\-'ill hayc nOlt'd IhHll thUSl' rl~pnn;), Ihis Office 111411la~e:: ~l ;-;ubst.::mtiaJ amount l)j" litigaliol1. j\S (if the July. 20] 0 re[Jon th"rc \Va, a total of 369 cases. haLf of which were fon:closurC' related. From October 1. 2009. 10 the prcsel1l there \Va, no decision which Illalerially adversely afTected the County. Commissioner Comment: Below . Meets Exceeds Standards Standards Standards 1 2 3 I Ratina ""'- Pro] ects for thi~E!~cal Year I. Records Management. The County Attorney Office currently has several hundred boxes of documents in storage. It is the goal of the Office to work with the County's Records Management Liaison Officer to either destroy old materials pursuant to the Records Management Retention Schedule set forth by the State of Florida or scan the documents into our document management program. This will eliminate all off-sill' storage, resulting in savings 10 the County of approximately $10,000 per year. '-';(~i!' '\n:.ll:'si \$' h~:\,~' 6ili~crHi> "',$l'~~\] \\1;;, l;k l "ur;t:' \:d:li.l~:":!l:'~.';j; ):ui;-"Y'j tHi"'L:,...'r :i!:.i .-o.'\ie\\l..'d :ll1d CI!h'J (.i-~"..tf.tl\..:d \',~' "iL:~ln:'i'~.l! th,~' ("'I1I~..'nL' I' ('.elr-, h(l\'_'> th~tl \\\'r~' ill'ill ;n [j'w; l.i ,i illng. l.l,(jji1U> T'r(j\.:;.:":~ ';jlj\.~:':' 11"\'..:1':.' )< ~k' Il,dC\ ,)1 lil',:' JU:.'Llrn'~'r11 l!1 (n~ '";'\\,;':.'. ~jrLI \\<. rnu;;l c;c;"un.:' In: \\;' T'.:fm1J:l !!I~', U:\(< "j:1 h : 1::. ]'uhl I,,' i"::"',,--,:)f\j, .\(': Commissioner Comment: [ -- Below I' Standards I 1 I' Meets Standards 2 "'" Exceeds Standards 3 Ratin~ Page 9 of II . ,_.<._",~,-",~-----_..._~,_.._~,- Agenda Item No. 12A September 28, 2010 Page 25 of 49 2. Update Municode. Ba~ed upon private concerns, this summer we had a volunteer check Municipal Code Corporation's (Municode) Code of Laws and Ordinances against the actual ordinances adopted by the Board. It quickly became evident that there were numerous errors and omissions between the Board's actual ordinances and the published ordinances in Municode, including the omission of entirc ordinances. Apparently, no one in the County has been proofing the published Municode Code of Laws and Ordinanccs. This Office is presently working with Municode and is in the slow proccss of corrccting these errors and omissions. I intcnd to have this process completed hy the second quarter of the fiscal year. On a going forward basis. this Office now proofreads all Ordinances passed by the Board. including thosc related to the Land Development Code, a~ thcy are published by Municode, to ensure their accuracy. ~c) 1" i\n~!h'sl " :',1> r:~l'- Iv:..'! l,~fl il"\' ':'.; 'I: \'_', l"':ll'!I:.:j\",- ;:rld :,uh>'UiHi;,;\ \\ l iri, \\1:11 i\l:mh.':n:t! C 'll,~k 'HlnLT(HL~ '~Tr\l!'; llnJ \uni:-,-d':lll":-- h\~>I\\Cl'r: in'.' H'ianf:'i :tCHLli \):r'llra:I(~:'j'\l" ll~t\ ,: ~\\IT~'i.'L:",',-j \l...lm~ll;~".':" ~!h! li'I'. i;i!i1j' (lrc.1ln~:nc:.:..; Hi \lunll"llL.' \\"..: ar~' 11(1\', r'l"'i(:h-',:~idin~' ,i.!i -:upp;'~'m,:'ll", :i[hi ,,'~-,::1;l:ir:l!,-' :~;i.'l1i ;!~,--' ili~lj1L\rL"',-'-: :~dl lj)il:l! :0\ Ih~' Hn:lrd ;\;' i ,)U;':',' (\.;n ill I";:'; ~nnl'L"\ i hI'" ;'l!I!('l: \"j]! ,-'\'Intil1lJl' li' !'i:\,\)j"n..'ad the ~tlppk'llh::n(:; H' ;.\:~:~;Lln. 11\:.:..'11 ,: ~ ...: lJ r~ I (" Commissioner Comment: Meets Standards 2 ^ Exceeds Standards 3 '-1 Below Standards 1 I , I-Ratlng-i- . ..,._~---- ~ Create an IntemshlP Procranl with Ave Maria School of L3V~'. 'J'./e are In the process of creating an Internship Program which will enahle any second or third year law student from A vc Maria School of Law interested in local govcrnment law to intern with this Office at no cost to the County. Working under the supervision of an attorney_ the intern would work approximately 8 hours per week for a 12-week period. rotating through such arcas as Code Enforcement. Litigation. Land lisc and general Board of County Commissioner issues. Based 011 my conversations with other County Attorneys ",,.ho have such programs. properly managed. la\.\, student interns increa<;e the productivity of a County Attorney's Office at no cost. Another benefi1 is that over time this program will create a recrniting pool oCpotemial assistant county attorneys for this Office. Pagc 10 of II Agenda Item No. 12A September 28, 2010 Page 26 of 49 Self Amllysis: We haw now had tWt> inlerIls fi"O!l1 i\VC Mari::! L", School. It has worked out well. The interns have been able tl> assist the attorneys in research and wTiting of plcadings. David Wagner. Director of Externships for the Ave Maria Law School. stated in a recent e-mail "~I cannot express fully thc gratitude that We have jc)r your participation in the Ave l'vlaria School of Law Extcmship Program this semcslI:L Thi,; program exists hccause 01' your interest in A ve ~hria School of Law and vour cummitlllent to (lUf students." This onice is preparing to host another ~tudeJ11 intern fro!l1 Ave l'v1aria durin!,! the hili 21110 SClnester. Commissioner Comment: Below Meets Exceeds Standards Standards Standards iRatlna i 1 2 3 J-- ~i ~1j / . --..-/ ,;r / . ~.. ~\vr U ~ Page ] , of 11 Aqenda Item No. 12A COMMISSIONeRefit€U8~lIT A ~age71 of 49 FY 2009 12010 Action Plan Jeffrey A Klatzkow. County Attorney 111e 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 agcncies in order to facilitate the goals and objectives established for the County Manager by the Board of County Commissioners. The County Attorney, through the assistant county attorneys and supporting staff. represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain. personal injury. property damage, workplace/personnel matters. financc and land usc. In addition to litigation. he is counsel to the County's divisions and departments lor their datly operations. In this regard. the County Attorney is responsible ror the review of all policy documents (resolutions). legislation (ordinances and special acts). and the drafting. legal review and revision of all cootracts. real properly conveyance documcnts and other Board signatory documents. Thc County Attorney's Employment Agreement with thc Board or County Commissioners provides for an annual evaluation of thc County Allorncy's perfornlance. By custom. this pcrronnance has been measurcd agaimt performance objectives set forth in that year's annual Action Plan. by rating each ol"the perfurmance objectives on a I to 3 scale. with 1 being Bclow Standards: 2 being Mccts Standards: and 3 hcing Excceds Standards. Individual evaluations are then totaled and averaged to determinc the Board', collective position. The following /Iction Plan illustrates and reviews Board expectations lor the County Attorney for the 2009-2()]() Fiscal Year. The Action Plan is based on the broad areas generally expected 10 bc performed by the Managing l'artncr or " significant lawlirnl. including: Icgal advice: leadership and organizational direction: comIllUnicJlioDS: fiscal managenlcnt: and personnel management. Page I of 11 Agenda Item No. 12A September 28, 2010 Page 28 of 49 Goals for Fiscal Year 2009-10: 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 busincss 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 pel1nanent 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 arcas that I proposc as part of next ycar's action plan are: Continuing Goals I. Oral Presentations at Meetinl!s. I will continue to work to assure that both thc County Attorney's and the County Attorney Office's presentations at Board of County Commissioners' meetings, advisory board meetings, and workshops are clear. concise ,md 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: This Of'[ice endeavors lO Collo" Ji.lImer County Mal1a~er Jim ".hlder s sagc approach 01" the "three B's with respeello Board presentatiom: that you Be Briel' Be Brilliant. and Be Gone." /\.n \.Hlgoing discussion en this Office is peer C'yalumion or our I"CSJXH1SCS and presentat.ions at Board meetings 10 help illcntify '\\hcn \Ne have not heen as concis~, clear and responsive as we \\ould wish. I \\ill continue to seck improvemenl in this area. Commissioner Comments: Below I Meets Exceeds Standards I Standards Standards 1 I 2 3 !Rating I ..1---- Page 2 of 11 Agenda Item No. 12A September 28,2010 Page 29 of 49 2. Writtcn Legal Advicc. Both the County Attorney and the County Attomey 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 fonnulation 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: Thc continuing direction to all attorneys is to keep their writing clear, concise. and to the point. There continues to be improvement in this area. Commissioner Comment: L Ratlna Below I Standards I 1 I I Meets Standards 2 Exceeds Standards 3 ,j 3. Processing Requests Jor Legal Services, Last year, utilizing our electronic records system, we determined that for the period April through June 2007, the average tumaround for an RLS (Request for Legal Services) was 1 I days. with 3% of all RLS' 5 being processed in 48 hours or less. Smaller samples taken from prior years showcd that an ll-day turnaround has been a longstanding practice with the Oflice. I found this to be unacccptable. After a challenging few months, we were able to increasc this Office's response time to consistently achievc an 80% completion rate on proccssing RLS's within 48 hours of receipt. As always. a number of legal assignments. due to their complex naturc, take weeks and even months to complete, Accordingly, on a going forward basis. this Office will achieve an ongoing 48- hour (or less) turnaround time on gO'!", of all futurc Requests j()r Legal Services received jrom the Board of County Commissioners and County Manager agencies, A report will be run from Client Profiles (this Officc's data management system) to detennine turnaround time. This will includc prcparation and review of documents for legal suf1iciency prior to considcration by the Board of County Commissioners j()r Board action. including, but not limited to. agreements. contracts. deeds, leases. bonds. ordinances, resolutions, and other legal documents requested by Coumy Commissioners. the County Manager. or the staff. Page 3 of 11 Agenda Item No. 12A September 28,2010 Page 30 of 49 Self Analysis: The responsc time to Requeo,1s for Lcgal Services has stabilized in the range of 90 - 95% of all RLS's being processed within 48 hours. The following b'raph shows the RLS's received and closed on a monthly basis: RLSs Received and Closed August, 2009 through July, 2010 450 400 50 350 250 200 150 100 o ~ ~ v ~ J' " c8' ~ " '" ! ~ Jj< <Q ~ ~ " '" ~ rJ ~ ~ " f/} f l' ~ ~ ~ " '" ;!;i t (j Qf/) :::: ~ e,' ~ rf 'i ~ ~ ~; 'l1 .;012 l.t..'" :::: ~ 't/ " ~'I) ~ ~ .,,' <:: ..f ~ ~ "'; .f :::: ~ 'I, g '5 ~ ~ "'" S '5 8RLSs R~ceiv.d III RLSs CIOS~.cU As ah:\'3)"s, a nu.nlber of legal assignments, due tn their complex nature, take \\leeks and even months Ie' complete. I believe the OffJce has htlly achieved my goals in this area. the results of which are demonstrated in the lleXI Goal and Objective. which is Client Satisfaction/Peer Rcview. Last year j indicatc,1 that I intended to maintain this standard and my staff is exceeding J11Y expectations, Page 4 of I ] -__ -_.' ,.o....,'._~".. .,...,_.....___0;>.;_ '" Agenda Item No. 12A September 28, 2010 Page 31 of 49 Commissioner Comment: Below Standards 1 Meets Standards 2 Exceeds Standards 3 Ratin 4. Client Satisfaction! Peer Review. Client satisfaction is a major goal of this Ofiice. In furtherance of this goal, 1 have instituted a practice in which perfonnance evaluation reports arc sent to the various Division Administrators and Managers cach year to assess the performance of each attorney in the Office. The reports rate the attorneys on a 1 to 3 scale, with I being Below Standards: 2 bcing 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 750;(, rating level for exceeding expcetations. Attorneys who consistently deliver outstanding performance will h<: rewarded, and those Attorneys who carmot achieve satisfactory reviews by their clients despite multiple reassignments will eventually leave the Oftlce. Clicnt rcviews will also faclor into each of the i\ssistant County Attorney's perfornlance evaluations. In short. thc County Attorney will ensurc that Assistant County Attorncys and support staff arc motivatcd to work to their full potential. that excellent perfornlunec will be recognized and rewarded. and that poor performance will not be tolerated. Sell Anal",is: Again this yc::u. an At1ornc:)-Clienl Feedhack iC.\rm was provided to 1he County \1unagcL Division :\dminislrnlors. and St.'1cc1 Department Director~, 10 ;..;{)]jcil their npinj()l1S reg:Jrding the scrvlces they receive CrrHTI the County /\.t10111c)' CJfTicc. n1l'se results arc utilized to shift \vnrkloaJs if departments aft' nol s:lll~fied with our S('!\'IC('S: they arc aho utilil~d in the atlnrnc)"s indi\'idual annual perJ(Jrll'Wl1Cl.' c\";"_lIualiun::. The I'<:dlo\ving j,--.. iJ chan sho\\'illt: a comparisnf] ()f ':::{JOD, 2009 and :?,O I () overall client j~;:~\..l1-mck, As you cun sc:c- during my Icl1UrC :1S Count;: /i,ttorncy \\T have tripled the -.E\l'(:ed~~n ('valu~nion (\1' thl:-: Office \\hile \irtu(tll~ -:limjn~llin~ 111e ;'Doc;;; 1\01 lvicL'I" rOliion II j' tih' ('\'~lluaLjOJ:. Page 5 or J 1 Agenda Item No. 12A September 28,2010 Page 32 of 49 Comparison of 2008, 2009 and 2010 Attorney - Client Feedback Overall Results 70% 60% 50% 40% 30% 20% 10% Oe/o Exceeds Meets Does t,ot Meet NII\ 1!l2008 02009 2D10 l Commissioner Comment: '_.-.,- ; Meets !Exceeds Below Slandards i Standards Standards 1 I 2 3 I Ratina I V~ Page 6 of [ J ...--,....,..,...,.-.--. '_.~.,,,.....,_.,-.,'"'""~~._.-----"'-'---~_..'."'.._.. - Agenda Item No. 12A September 28,2010 Page 33 of 49 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. During the Fiscal Year prior to my becoming County Attorney (2008), this Office's budget for Personal Services was $3.173,600, with \3 Attorneys and 18 Support Staff. Next year's proposed budget for Personal Services seeks $2,575,300, with 10 Attorneys and 15 Support Staff. This represents an almost 19% reduction in personnel costs, and was accomplished with no loss in service through voluntary attrition and by closing our offices at CDES to consolidate this Of lice's operations. The proposed budget contains permanent cuts of 8 positions, with 1 budgeted but unfilled Attorney position, This position will likely need to be filled when normal activity resumes in permitting and land use. It is my intent to continue to permanently reduce this Office's Support Staff through normal attrition until I reach a ratio of approximately ] Support Staff person per Attorney, which my research has found is typical throughout County Attorney Offices in this State. Self Analysis: This onice has reduced expcndilures from S3.'37.20() inlhe FY 2009 adorned budget to the CutTent requesll)f S2.906.JOO ill FY 2011. a reduction of $659.800 and the elimination of cleven positions in that samc time pcriod. The Ofiicc is currently budgeted for twent}..three pel1nanent positions (1I attorneys and 14 support slal1). The reduction in personnel was accomplished with no loss in service due 10 a gencral decline in County business (especially land use). by cross-training the assistant count' attDrneys and staff. and by closing our offices at Horseshoe and consolidating thi.s CJITicc', operations. As I statcd previously. it is my intent 10 cDnti.nue 10 permanentl\' rcduce this (Jf1icc', ';upporl statl tl1fough normal attrition ltll1il 1 reach a ratio 01' ~lrpro\jmatcl) ] SUpPUT! stall person per ~lHorney. \\hich my research [hL'-l Cound i;;; typic~llhroughoul County Attorney unicc~ in lhi~; Stale. /\","n Ihis year I did lwl requesl all\ t'unds ror Capital Oullay. Commissioner Comment: Below Meets Standards' Standards 1 2 Exceeds ' Standards I 3 ] '< I Rating Page 7 of I ] Agenda Item No. 12A September 28,2010 Page 34 of 49 6. Public Records and Sunshine Law, This Office will continue to educate and update County stan; 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 stafl" on various topics of interest. Self Analysis: By the end of August 2010. our attol1leys will have made 7 presenuttions ! workshops! seminars to County staff and advisory board meetings. I. November 13.2009 presentation to advisory boards relating to social networking: ~ December 3. 2010 presentation by the County Altomey to the Florida Association of County Attorneys relating to social networking; 3. February 8. 20 I 0 presentation to thc zoning staff relating to Google Earth for Planning and Zoning; 4. April 7. 20] () presentation to Pclican Bay Services Division relating to Sunshine. Public Records. Social Networking, and Ethics: ). April 21, 20HI presentation to employees relating to elilics: 6. June 24. 2010 prescntation to Code Enl{lrcement Board rclating 10 Sunshine L.aw: 7. July 13. 20 !Ii presentation 10 Conservation Collier relating to Sunshine Law. Our entirc Power Point presentation of Slll1shine L.aw. Public Records Act and State and Local Ethics Laws is available on the internet at www.colliert..ov.lJe.t on the County ..\ttorney web page I(}]' viewing by advisory board memhers. swtl and lhc public. Commissioner Comment: Below Standards 1 Meets Exceeds Standards ! Standards 2 . 3'L-.! I L Rating! 7. Litit'.ation. We will continue to prepare and distribute concise quarterly reports for the Board with respect to cunent litigation, including potential or anticipated legal issues that may come before the Bourd of County Commissioners. Sclf\nulysis: r have provided the B08rd with ]jtlg,<JljOIl urdatc r(,poi"t;.; on OctllheL '2.3. 2(11(): .lanuar) :7. 2010: \!Jril 14. 20lil and Juh 29.2010. The next rcpol'l \I'ill be provided in OClober. 2(110. Page 8 of 11 ). .'-'~"'--'-".'-------"-""--".---' ...~,~.~"..,,,,,,....-- Aoenda Item No. 12A September 28, 2010 Page 35 of 49 ..\s you will have noted l1'om those rcports. this Oftlce manages a substantial amount of litigation. As of the July. 20] 0 rep011 there was a total of 369 cases. half of which were foreclosure re];:Hcd, From October 1. 2009. to thc prescnt therc was no decision which materially adversely affectcd thc County. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 1- Ratina <' Proiects for this Fiscal 'i car 1. Records Management. Thc County Attorney Omce currcntly has several hundred boxes of documcnts in storage. It is the goal Df thc Ol1ice tD work with the County's Records Maoagcment Liaison Ollicer to either dcstwy old mutcrials pursuant to the Records Management Retention Schedule set 1'"1h by the State of Florida or scan thc documents into our dOCUlnent managclnenl program. This \,vill eliminate all oiT-site storage. resulting 111 savings to the County of apPTllximately $1 O.O()() per ycur. Scl (":\nul vsi.< \\ c have diligenll) \\iJi'k:.::d \" ldl the ( ;\unt) '~; r~l:c1]'d:-:: \Ll11dg('n1C]~t Liaisl'll C)jficcr and h~l\ c I'cvic\vcd and cithcT ck'stl"oycd or ~~cann..::ti Ill:..' UlI11l'nl:~ or :-1(t6 ho\cs rlmt \\'Cl'r.:.' held in storage, Tlli'; i'-; a jung. tl'diol1~-; pn1c...':-.>: ..,i:lee th:..:rc i~; Ill' 111(1<._'\ ll!'llll.... d\lcumenl:.; ill the- hoxc:..; alld v,'c IllW;\ ~tssur(' tll~tt \.\l' 1.I....maill in l.:ull1pii:mc',' \\!l1"1 lhe Publi\..' f\Cl'(~rJs /\cl. Commissilmcr COll1mcnl: I , ,.... ..,-_._----~ L Ratin9.L._ Below I Standards 1 Meets Standards 2 Exceeds ! Standards 3 Pagt.' '-) of 11 Agenda Item No. 12A September 28, 2010 Page 36 of 49 2. Update Municode. Based upon private concerns, this summer we had a volunteer check Municipal Code Corporation's (Municode) Code of Laws and Ordinances against the actual ordinances adopted by the Board. It quickly became evident that there were numerous errors and omissions between the Board's actual ordinances and the published ordinances in Municode, including the omission of cntire ordinances. Apparently, no one in the County has been proofing the published Municode Code of Laws and Ordinances. This Office is presently working with Municode and is in the slow process of correcting these errors and omissions. I intend to have this process completed by the second quarter of the fiscal year. On a going forward has is, this Office now proofreads all Ordinances passed by the Board, including those related to the Land Development Code, as they are puhlished by Municode, to ensure their accuracy. Sel r Analysis: This goal has hcen achicved. After extensivc and substantial work with Municipal Code COll.1oration we have corrected numerous errors illld omissions betwcen thc Board's actual ordinances and the published ordinances in Munieode We are now proofreading all supplements alld comparing Ihem to the ordinances adopled by the Board or County Commissioners, This offjce will continue to prooli'ead [he supplemcnls to assure their accuracy. Commissioner Comment: Below Standards 1 Meets Standards 2 ;2. :/ Exceeds Standards 3 3. Crcate an Internship Pro~ram with Ave Maria School of Law. We are ill the process of creating an Internship Program which ""ill emlhle any second or third ycar law student Ji-om Ave Maria School of Law interested in local govcrnment law to intern with this Office at no cost to the County. Working under the supcrvision of an attorney. the intern would work approximately 8 hours per week for a 12-week period. rotating through such areas as Code Enforcement. Litigation. Land Use and general Board of County Commissioner issues. Based on my conversalions with other County Attorneys who have such programs. properly managed, law studenl intems incrcase the productivity of a County AtlOrncy's OJ1ice at no cost. Another benellt is that over time this program will create a recruiting pool of potential assistant county attomeys for this Office. Pane 10 of I ] b -......- Agenda Item No. 12A September 28. 2010 Page 37 of 49 Self Analysis: We have now had tlVO interns ii-om Ave Maria Law School. 1t has worked out well. The intcrns have been able to assist the attorneys in research and writing of pleadings. David Wagner. Director of Externships for the Ave Malia Law School, stated in a recent e-mail "1 cannot express fully the gratitude that we have J"l)r your participation in the Ave Mmia Sehool of Law Externship Program this semester. This program exists because of your interest in Ave Maria School of Law ,md your commitmcnllO our students'" This oflice is preparing 10 host anothcr student intern h'om Ave !\.-laria duting the fall 20 I 0 ~emester . Commissioner Comment: Below Meets Exceeds Slandards Standards Standards 1 2 3 I" Ratina <: 7-- - /.' ,~.-c I I r{e;:' / ct.. a-??'-~--;7 /..~' err', ~,'i-'...-v- ~-'1/ ~ (7 {/ .J./, ' .1 fY 7L / WA/1?,~ .~-<:..e a--.--~ ,,~!/r:Lk.:*dcL,;c/..;/..4?'C~4--&r---r' ~ I?!/ mf:l? hU' /" -?' j/' !"., // ./' .Y (/ L ~ .... .F-.c.. [.,?- ~ ,/ ------ ~ / 7;:[7 ) /i 'I' ,,/ -' .?>.,j:.,.l.--~ //! YL-- _ -" / i.:t._L.---~- / / .~ (../ ; .' ., '-..----. .) > .0----......----- -r7--J------= t:.~/ :--- --~ Page 11 of II ~. I · Agenda Item No. 12A September 28.2010 Page 38 of 49 ,- :,<"r"--t, '~;_.1'" ~J / Jf/ OffICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM ~, I l*h,rue<J ---'--. ;='F~ ;,-~;:. . '\"---...... ...- t~ TO: Commissioner Donna Fiala.. District I Commissioner Frank Halas. Vice-Chairman. District 2 Commissioner Tom Henning. District ~ Commissioner Fred W. Coyle. Chairman. District 4 Commissioner .James N. Coletta. DiSlnJ-5 .Jeffrey ^ Klatzk"". County Attorney AuguST 11. 20lO AUG 1 ' ;WIU ('\riA:,',: Ii: ;_.r;uf'lt,. i..;,:,rnITII!;f :,n,,'~ FROM: DATE: RE: Count) Attorney FY 2()D,) - 2(J1 0 Action Plan! Evaluation <\Itached you will tind il hlank County Al10rne} FY 2009 . 2010 Action Plan with Perfonnancc Review Measures. This is provlded for your review and comments. I have also provlded my self anal~!sis 10 ::!ssisl. in your review. In keeping v,,.ith the County t'v1anager.s plans. 1 3m hopmg 10 have Ihls placed on the scc(md agenda in Scptemher. 20 I O. To meet the puhlished agenda deadline. ] would appreciate i: if you \\-'(}uld pk~se return your graded packets to nw hy rv1onday. SC'ptemhcr :':Oth :;;0 thm I may consolidate the ratings for presentation at the Septcmhcr 2K 2010 Hoard met.ting. 1 will he available t.o meet w'ith each of you individuall:. if ::Oli desire IC\ discuss any questions. comments or suggestions. or feel free to provide me an,y comments or suggcstion~ h~ mJi vidual not:.." or memo 1 r you should tWVL' any questions aboU1 this appraisal lask or wlsh lo m.:cl v..'ith me, rdc:iSe contact me :11 ~'OW' convenience Agenda Item No. 12A September 28,2010 Page 39 of 49 FY 2009 / 2010 Action Plan Jeffrey A Klatzkow County Attorney The County Attorney is chargcd witl1 the responsibility of planning. directing and reviewing the activitics 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 Anorney also provides legal cotmsel to and assists the County Manager and his agencies in order to facilitate the goals and objectives establishcd for the County rv1anager by the Board of Coonty Commissioners. Thc County Attorney. through the assistant county anorneys and supporting stan: represent the County in wide-mnging complex litigation relating tel implementation of government policies and capital projects. eminent domain. personal inIUT)'. propm)' damage. workplaee!personnel matters. finance and land USl'. In addition to litigation. he is counsel to the C<lunty's divi,sions and departments for their daily operations. Jnth;s regard. thc County Attorney is responsihle I{,r the review of all policy documents (resolutions;. legislation I ordinance~ and special acts). and lhe drahing. lcgol Tn.ie\\ and reVision 01 all contract;..,. real propcI1y conveyance documents anJ other Hoard ~1t!nalOr\' oo.::umcms. The ('Olmty AtlOnK'Y"s F.mplnyment A~rccmcnt w1th the HoanJ nf ('.ounty CommiSSIOners provides for an annual C'vaiuation of the County f\Homcy's performance. By custom. this rerfnrmance ha.<:; heen measured against performancE:' oh.ie-.ctlve~: set forth in that yc-ar'~ annual ''\clion Plan, hy rating each of the pcrf()rmancc objectives or, 3 l to :. scale. \\-:jth ~ heinI; Relow Standards: :2 heing MceL' Standards: and 3 heing Exceeds Standards. Individual evaluations are then totaled and averaged to determine the Board's collective position. The following ACllon Plan illustrate;., and re\'icw~ Roard expectations for the County /\ttornc) lOr the :2009-:20 I (j Fise~l Yoar. The /lcti"n Plan" hased on the hroad arcas generally expected tr, he rerfomled h) the Managing Partner or ,;;. :-;q;nificam Jav, rimL including: legal advice: kauersnip alld organi7.allon~J directiun: l:ommuI1lcations: fiscal manag.ement: and personnel n,ana!!cmcn;. !'{:!:~ n; Agenda Item No. 12A September 28, 2010 Page 40 of 49 Goals for Fiscal Year 2009-10: 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 Rcquest, for Legal Services arc completed promptly, and that there will be overlapping areas of expertise within the Office. To increase OUT cfficienc.y, tbi, effort will require further improvements in our planning. assignment of responsibilities. and establishment of' accowllability 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 continuc to work to assure that both the County Attorney's and the ('ounty Attorney Oftice', presentations at Board of County Commissioners~ meetingsc advisol1- hoard meetings, and workshops are dear, concise and effective. All presenters will be charged ""lth making presentatioos that avoid legalese and focus on the legal issue in a simple, lmderslandable and briel manner. ('ommissiooer Comment.';. Below Standards ......-.-----.-.-,- 1 - Meets.---- E;ceeds - Standaros Standams 2 ---.1jS-- r.Jaf,';e ~ 01 I) Agenda Item No. 12A September 28, 2010 Page 41 of 49 " Wrin'<!Ll,.~al AQ'yjq'~. Both the County Attorncy and thc County Attorney Ollie,' will providc profes,ionaL objective, unbiased legal advlcc to the Board of County Commissioners. its advisory boards and committees. the County Manager and hig agencies and employees as necessary for fi,rmulation and implernentation of legislative policies and projects. Responses will avoid legale,e and focus on the legal issue in a simple. understandable and brief manner. \, ::~,", ' t :', ~', 'I ';: T "li: ~ '.111',,:'[ H 1;' " '-.<:,_i '\ l t , I: '. i ~ ,~: ',l. Iii i. i, !" ~ 'LI _._11::' '1'_ 'ii' ';1, ':-' Commissioner Comment: Below Meets TExceeci51 Standards i Standards I StandardS i -=r:=:~_--L~~~~==' . M ~?!10lJ _1~E~f~:,,?~jJl5-_K~_':L~,~.;.l,~JS!r_L..~~~1::i~C~lt;:~S 1~;Js\ :"Ci:lJ. lItili7in~ our electronic rcC()rLb s:-sl::m \.ve dClcrmmcd that l(lf the period ,'\pril lhrnugh JUIle' .:!o07. the average wTllarDunu for an HI,S (Request for Ltgal Services) was 11 day~. with 3f1/() l)f al] RI .5';, heinf! rroc(~ss~d 'irl 4X hours or less. Smaller ~ampks taken from prior .vear'" stlo'VIted thal an I ] -da~' turnaround has 'tlcen a iDngst~nJjnt; practice \.~'ith till" Ofiit:e. i iound thl!" In ne unacccptahle_ t\f1er ~l challenging rev..' months. we wt.:re ahk to increa~t' th~s (,nin'":~ response time t(1 cnnsistentl:: <.Jchicvt.' an Xoo'l' comrlClion ralc on processint' RIS'I., wilhlll 4X hours or receipt. .\", al\\'<.l\':~ a numhcr ot" kgal assignments. Jue u' 1I1eir complex lJalure. lake VI-eek:-; and even monti1:-- 10 con~plclc. -'\ccordin!2'i: _ on :1 !!(lin~_l j', }rw~lrd oasls_ tnl:: ()ffict.' v..;j I) achieve :H1 (lngoin~: .:;.x- hnur lor iC5S) !urnaroLlnd time on Xll1'" (11' ;,11] iutun.' Rt"-quest'-. for legs! "cn:ICl~S received from the Board of" (OU!1l: Commissioner...; anJ C ounlY \'lar;a~er agencies. :\ rCrnrf will he run from Client Profik:-; (thi;:; Ot1icc' ,; data m~l.l1at-':.:ment svstem} H' determine wm:lfound lime'. rill", will include picpar:ltio!1 and rc\'jev. oj d(l~ument~ for le~J: silfti:.:ienc'> rrio!' 1(\ consideration h: tnt:.. Hoard of 1.ounly (ommisslOm.:rs (or Board actiO!:, inciuDlng. hm nOT limited to. agre~mcnt::-:. contra~'ls. d:.:ctb. k::3.s(:~:. h(lndsc. urdinancc.'-._ r::soiullons. anC n:he legai ctocum.:nl.'; r~411e~;I<.~d n) (nun(\ (()mll1ISSJ[)n~rs. to{.' CO<ll.:1l1: :VlaJ18.t-1r.:r. Of lilt :-;mlT h11:C ~ llr 1 i Agenda Item No. 12A September 28,2010 Page 42 of 49 <",:!; \i:~; ;-::::.;r',-,n iik l' 1':,:du..::~L, il,\, ] Sl.'n ;'" n;~, ',[,;!'lLU,'...:C 11', l~k i",;n~c.) q.' 0';0 _,' " \.\1 ,11: ;U,S'., j,;,;:m; pnh::....~.,'-~; \'.:l\11:: ~l~; (t(ltH",' ': ~:t_' i(dii\\\in~~ ~~Ltn1'; ~:~'.", llk' Pi...... !;;;C:..~l\'l'~. ~tI1J :.::hhcd ()I1;; il1!!I1:I~i~, i'!.,l::i.~ RLSs Received and Closed August, 2009 through July, 2010 450 50 400 350 300 ~50 200 150 100 c OJ ~v ct' ,. -'? 0: ::" " '" ~~ 0, ,. '" " >2 .& Q <, " 8' R ,. .,g- ~ OV go R go c<::5 v v , ~ <:- .'0 i" ";b ::? <:0 'V ::? a :2 ::? a , , p ~ n'" ~ ~ v v "". ~. ~. .s.:' ..2; i::- ~) ~ .;j " ? '" '" ....' .e " <, :@ ,?; t ~ :i;J <:- " v Q" ~. " ~.? iQj'" '- mRLS~ Rec€olV'€od RLSs C:lcls€-d " t.]~'~.!.- ~ h.,u-<- i.-', -~>i/L.'-"""'''f.--u.1 - ....__'.--~--f----( I , i I PlIllt' 4 fir 11 -~-'_._'."~-------'""-"._"'-~~"'-,---,"-,-"",,,----,,,,,~'----"_-,,-,-- Agenda Item No. 12A Septembel' 28, 2010 Page 43 of 49 Commissioner Comment: Below ~. Sta~dardS Meets Standards 2 Exceeds! Standards I 3 '''J. ~__13~~nl! 4 Client SatisfactioniJ)eer~ev!.<;v,., Client satisfaetion is " mator goal of this Office III furtherance of this f.!oal. 1 have instilult=d a practice in which performance evaluation rC'port~ arc senl 10 the various Dlvisinn Administrators and ~.1anugcT~; I.:ach year to assess the performance of each attorney }n the Office The reports rnle lhe attorneys on a 1 10 3 scale. with I being Below Standards: 2 heing Meets Standards: and .1 being Exceeds Standards. lndividuat evaluations ar" then [otaled and averaged 10 determine this Of'licc's collecti"" score. with a goal o( 750-,;) rating Ieve! fpT c;..;cceding expectatinns. Annrncys who cnnsistC'mly deliver outstanding performance vvilJ be rewarded. and those Anon1f.'Y's who cannot achieve satisfactoT).' reviews hy their diems despite multiple reasslgnments will eventually leave thr.: Offlee ('lient review..; \A,'ill also l~lcl(lr :nt(l each of the As~jstan' Count:' Atl(ln1t"~."~~ performance c\'aJumions In short the Count:- AUorncy \\'ill i::nsurc that /\.ssistant County '\ltomey:; and ~:;uppon stafr arc motiValco III w()r"k 10 theIr iuli pOlentiaL thal e,;:ccllem pertormal1~e wil! ht' recog.nizcd and rewarded. and that poor pcrinrmaTll..:e \\"ill n01 he wicr:lled, P:l~C :: 0' I Agenda Item No. 12A September 28, 2010 Page 44 of 49 Comparison of 2008, 2009 and 2010 Attorney. Client Feedback Overall Results 70% e&% 60~{, 50% 40% :.0% 1-~- I , : :CI% iCl% 2% 0% E,\.' c<:>ed~, [/;)es I-.Jot Meet M€'?ts A, f o :>)O~;', o ::OC!~. 2~~tl .-:. Commissioner Commen1: Be'ioW---j"'--Meets Exceeds" Standards' Standafl~_~_.L_S~~r;lard~ 1 -..-----2 3 ::--RatinQ ~~_____________ __ ,-:;- -=--= il' ! '-J--I :",-",',1 1.<. -:=~ Page 6 of 1 i - _.,,~.-,-_...__.~-~--.---~,~~.."...._..,,-- Agenda Item No. 12A September 28, 2010 Page 45 of 49 " Fiscal Mana,gnnenL I will c01l1inue to develop and ctTcctiveiy administer an annual budgct /<" the Officc of the County Attorncy in conformance ",ith policies adopted by the Board of County Commissioners. whilc at the same time improving the quality of this Office. During the Fiscal Year prior to my hecomin~ Cnuntv Atlorncv (2008), this Offices budget for Personal Services was 5J.1 ~3.600, will; )'1 Artnmevs ~lid i g Support Stair Next years proposed budgct for Personal Services seeks $2.575.300, W1U, 10 Attorneys and IS Support Staff. This represents an almost 1'1"10 reduction in personnel costs, and was accomplished with no loss in service through volu1l1ary attrition and by closing our offices at CDES to consolidate this Office's operations. The proposed budget contains permanent cuts of 8 positions. with 1 hudgcted but unfilled Attorncy position. This position will likely need to be tilled when normal activity resumes in permitting and land use. It is my intenllo continue to permanently reduce this Office's Support Staff through normal attrition until I reach a ratio of approximately I Support StatT purson per Attorney, which my research has found is Typical throughout County Attomcy Offices in this State. l (~mmh:-\J(mcr ( ommei1: .,_._--~.._--- Elelow Mt!!~t~ ::.xceeds Standard:> Standards _?_t~nd~~_ ,- -..-----1----~.- --~ ,.J Rilling -- :..1..---- .--------~-, Pa~l' ~ of ) "i Agenda Item No. 12A September 28,2010 Page 46 of 49 f ! t 6. Public Records ll!IJLSunshine Jll""., This Office will continue \0 educate and update County staff, and advisory board members through periodic workshopsiseminars. (e.g. SUI'"d.;ii~ Law. Public Records Act. Slate and local ethics law). This Office will also conducl ",;n!;...rs with staff on vario'," lopiCl\ of interest. ~(.'l; \f;;\J \ ..:.;!~; 15'\ f:, ~,!, ,ol! I.l!i-'l'."'~ ~?Olq, ,,',ur ;JtTl',H!'~' 1,: ,;.1\';.: 111u(k - nr..::s,,"nt;tli',Hl" \\\irL<hl'}ji\ ,~m'~'~<.\!', [',' i;n\:. S\:JT'i' ;m..i :r;:', Hdard m..:ci.in~~" ,'. -' ~'m!",l.': , '. _:UI)' pr:....'<~ntatl\lIll(; ll,h!'.(;i':- h\"';H',(b 1\.~lal,n~ 1\' ~p,::~:i ttGrv i,;-, '., , /:.:~.;.:;;: i. "" (j ,.,..,.qi' , . , ,'lHll~ \~1.L)''-,LP (( ll:'~' ; _;..",'i; . ('iln:~:' f:,::-];,,;ti:l';::r -';liCl,,\.\ n'~<\',,' -"" j :.:.:'bru;:t' ... ;;',' l"':'.... ...:n:;li 1,l:~ tiL /(1:j,ll,_ :<l:i! :'- ',(.' ,-", l};:Hnr::::...: ,!fh; / ",.,., "'1"' , :' r L ','~ - i il ~ i : i ".j . ' ~; . , __, " : ~. .i.' ' I; ,~..;. ~j~>"~:". ~ '. ,L, I ,. ':\Yi:,)",l', \,L.,j .~' t" l!", ,tl:,; ,~ I, .' ' ,",:,1'., ':.( j, '.. ~ ;1 I', '1'":;;:: p ': i ~ , ~ :" i. ii, Cnmmi~s:ioncr (',ommem Below Meets-'-'-'- Exceeds Standards Standards i Standards --.==---=--=~---._- 2 ~--~-_-=___, ~~~=~' ------r.--.- _...7",,:........_,., " l-,,-W-,g~.!i9!}. \}'./e -v.-j)j continue to prepare and distribute cOllcise qlllirterly reports for the Hoard with respect to current litigation_ including potential (ir unticipatct! legal issues Ibm ma.', come before the Board (If Count)' Commissioners Pa!!t X of 1 ! , I, ':'d; :nte, ';"', .;-,'< r," "".!( .-:;[;, . ;'.'i,!;: J_,\,"'; ,. ,Ii~iJ: ,-, "'." ".!:if: ..: .! -r. i,' ConlC~l:;;:: lmeJ /'; /4, c^. 'c,' ,/l~ '~/" . ; ..t. .:.:xce :1~tl~. ~j~imG. '''",j"diAL<:. L~.rz.", -'-".,l .-,.".,( ,/ r-Raj-!r~;;+ ~_l !i.-/,,^,- .,....?l/1 L /iCi-i:ffu..-:t 'rf~(~_~1~;J0L1bi~ Fiscal ,~~ Records MJ.;i;~~: _-:,';~: ,Ie ('(Junty !\ttnnw: OrrICO: current I: ha~ several hundrcl {)xe'- documents 11', ;,; '--~~(I the t:n:1! i.I:' lflt' (lnl(.;( It; \,\prk \yilh !he COllnty' ":eco !\1anagemcm Lj~:;>'..)r \)fflcer to either destroy old materials pursuant to th( ~ec(): :\'1anagemem Rc:cmion S-.:heduic set forth hy the Stale oi' Florida or scan the docur :ts I: our document manal;crnenl program. fhis wjll eliminate all oIT-sitt' slOra~c. re- ~!ng ',a\'ings to thc ('ounty of approximalch S I (1.000 per "cur. ( ommlssioner ( omment 8elow ;:3tandard~. Meet::, Standards ;:.:. u_;;___ ;j;,[ ;:':a_j![~_ h.t~::'" l.) of 1 i ." No. 12A 28,2010 ',: 47 of 49 ~ds :':,ro:. Agendiil Jjp~, ,,0. 12A Sep+'-dlber 28,2010 Page 48 of 49 2. Update Municoof'" Based upon privatf' ccm,,~s, ihis summer we had a volunteer c~"~"--"" MunidiJ'lt! Code' C]orporation's (Municode) Code of Laws and Ordinances against the actual Mdi,..aijces adopted by the Board. It quickly became evident that there were nume((ll....'ftt'tlrs and omissions between the Board's actual ordinances and the published m-din..riceil in Municode, including the omission of cntire ordinances. Apparently" no one ill the' Q:tlUlty has been proofmg the published Municode Code of Laws and Ordinances. '!'his Office is presently working with Municode llnd is in the slow proces.~ of correcting these errors and omissions. I intend to have this process completed by the second quarter of ,11c fiscal year. On a going forward ba~is, this Office now proofreads all Ordinances passed by the Board, including tho,e related to the Land Development Code, as they are published by Municode, to ensurc their accuracy. ,,,,_,[! \.';;,1 '\-"." 'I:;':.'.':' .;:.: 1: :~2 ;'" j;I!," 1j " . ~ I .,1..',,', , ,~. ,- ,., , .~ ; l' ,.. '.'ij ;,,- Commissioner Comment: I Below Meets' Exceeds , , : Standards Standards I Standards ; f..-----------r-~.-_______,..__-__~I Ii; 2 : 3 I []~-t;;;-t;~--:.~.==__=_~_==.=~-_)._~~.? _____--=:==1 -~. Creme an In.tcmsJ!!nJ)rogram w"ith !\ \'e M~ria S~hQ~~Ls~rJ,~'l.:.~. \\'t;' ure in the process of creating an Internship Program which will enable any second or third year law student from Ave Maria Schoo] of Law interested in local g0vcmment law to intern with thi:; Office at no cost tolhe County. Working under the supervision of an attorney'. the intern would ,^'Ork approximately' 8 hours rer \v(;ck for a 11-week penod. rotating throuf.!.h such areas as Code Enforcement. Litigati07L Land P<";C' and general Board of Count.\- Commissioner issue". Rased on my conversations WIth other County' .i\ttomev" ':>"'ft() havl' such programs. properly managt:d, lav' student intem~; j.nc:n.::a~;:: the produCllvit) of ~j County Attorney's Oroce at no cost. I\nother henenli:~ th.al over time this prog-ram wil: create 8. recTulung pool ofrcHential assisl~ml counry 3ttoITlCYS for this Oflicl...'. Pap:c ! (I n-;' J I '''-''""-'-'~----------_.......__.--, '--"'-~'-''"-'-_<____",_~"_'''_H__' W'. .. t . I \\ ,,' ILl, .~. lll'\\ ,j);Cf'"i1\ tlJ\L' ill~"_ D~]\ III \\ u:;n:.::r >1:);:1: '-'! "':",n:111~' \ j;;r~:, .".,,' :1\" 'n[,_.:....., ll' '\ \~. \; :' , ' ,'!: ~ . [\1'1.T ;."..'.. Commissioner C(Jnlmenl: /.~'-, ..., ",.t~ ")/ ..:....:. ,I l...~ I~ G., .. -L~ ',j I JS:'>i ., tn~ /,,' I Ii _ ~ l ',"-.l ,', '"'''' -j '., " r:. .> ;!\'-' ,:H.1.:' l!1d~_ \\!: :1:1 '. [',j1:1 Illl" s'.:m~-~ 1.\ ~i!Li ,",Iiii' ...>111':~~! ,;"d:.:l":: J",~ .;1~; 'j ", hi~:': j I n1" i \'i:lf'.. Agenda Item No. 12A September 28,2010 Page 49 of 49 """" 'lit \\,.:L. ',;d ;;~:,. I,.. ~ ',L l( .. I! :'.:'-~'..:m Below Meets Exceeds Standards Standards Stanoards --~~-_. --- ;,----. -~ . , - __ ___~.~,::-:".....__._.__~ .__'0 ~cltlng_ _ ~ ,i '. ,-<' --~ ....' 'i / :/_( t: ...',:'-' ,,( l) -, -' '- ~. ,..c.-c ..'f',1-'1 1 , r .' 0;: Ii J ,~ j yJ J}1r1#12A OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM FROM: Commissioner Fred W. Coyle, Chairman, District 4 Commissioner Donna Fiala, District I Commissioner Frank Halas, Vice-Chairman, District 2 Commissioner Tom Henning, District 3 Commissioner James N. Coletta, Distric~ Jeffrey A. Klatzkow, County Attorney ~ TO: DATE: September 24, 20 I 0 RE: ate rial for Item 12A - Cottnty Attorney FY 2009 - 2010 c an ation - on the September 28, 2009 Board of Cottnty Commissioners' Agenda Attached for your review and information is an evalttation which was received after the Board's agenda was printed. This completes the package to include all five evaluations from the Board members. Also attached is a summary sheet detailing the average scores from each commissioner and the total overall average. cc: Leo Ochs, County Manager Clerk to the Board COA60/74 , \ " :r--IrM~12A ~ ~ Jj(QJ~llW~lii) OFfICE OF THE couNTY' A TfORNEt' AUG 1 1 2010 IYJ INTEROFFICE MEMORANDUM BY:~~!.~... DATE: Commissioner Donna Fiala, District] Commissioner Frank Halas, Vice-Chairman, District 2 Commissioner Tom Henning, District 3 Commissioner Fred W. Coyle, Chairman, District 4~ Commissioner James N. Coletta, Distri. Jeffrey A. Klatzkow, County Attorney r Attgttst ]],20]0 TO: FROM: RE: County Attorney FY 2009 - 2010 Action Plan / Evaluation Attached you will find a blank County Attorney FY 2009 - 20]0 Action Plan with Performance Review Measures. This is provided for your review and comments. I have also provided my self analysis to assist in your review. In keeping with the Cottnty Manager's plans, I am hoping to have this placed on the second agenda in September, 20]0. To meet the published agenda deadline, I would appreciate it if you would please return your graded packets to me by Monday, September 20th so that I may consolidate the ratings for presentation at the September 28, 20] 0 Board meeting. I wi1l be available to meet with each of you individually if you desire to discuss any questions, comments or suggestions, or feel free to provide me any comments or suggestions by individual note or memo. If you should have any questions about this appraisal task or wish to meet with me, please contact me at your convenience. -:r-+evn ~ 12 A FY 2009 / 2010 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 sttpporting staff, represent the Cottnty 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 (resoltttions), legislation (ordinances and special acts), and the drafting, legal review and revision of all contracts, real property conveyance docttments 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 I to 3 scale, with I 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 2009-2010 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, inclttding: legal advice; leadership and organizational direction; communications; fiscal management; and personnel management. Page] of 11 -:Liew1 ~ 12 A Goals for Fiscal Year 2009-10: I have and will continue to initiate changes to create a more efficient work environment. This will include hiring and retaining the best employees, focttsing on how to condttct business with better customer service results and making internal changes that result in a more efficient and effective work prodttct. With the closing of OllI Horseshoe Office and permanent reduction in staff throttgh voluntary attrition, the Cottnty Attorney Office has completed its restructttring to assllIe 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 aSSllIe 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, ttnderstandable and brief manner. Self Analysis: This Office endeavors to Collow I()rmer County Manager Jim :YIudd's sage approach of the .'three Irs with respect to Board pres"ntations: that you Ik Brief. lk Brilliant. and Be Gone'" An ongoing discussion at this Office is peer evaluation of our responses and presentations at Board meetings to help identiCy when we have not been as concise. clear and responsive as we would wish. I will continue to seck improvement in this area. Commissioner Comments: Below Meets Exceeds Standards Standards Standards 1 2 3 LRatln ___0"- ----,------- Page 2 of 11 ~Il -:r-k3'v1 ~ 12 A 2. Written Legal Advice. Both the Cottnty Attorney and the County Attorney Office will provide professional, objective, ttnbiased legal advice to the Board of COooty Commissioners, its advisory boards and committees, the Cottnty 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, ttnderstandable and brief manner. Self Analysis: The continuing direction to all attorneys is to keep their writing clear. concise. and to the point. There continues to he improvement in this area. Commissioner Comment: Below Standards 1 Meets Exceeds Standards Standards 2 3 .;1....____ _RatinJL 3. Processing Reqttests for Legal Services. Last year, utilizing our electronic records system, we determined that for the period April through June 2007, the average turnaroood for an RLS (Request for Legal Services) was II days, with 3% of all RLS's being processed in 48 hours or less. Smaller samples taken from prior years showed that an II-day turnaroood has been a longstanding practice with the Office. I foood this to be ooacceptable. After a challenging few months, we were able to increase this Office's response time to consistently achieve an 80% completion rate on processing RLS's within 48 hours of receipt. 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 achieve an ongoing 48- hour (or less) turnaroood time on 80% of all future Requests for Legal Services received from the Board of COooty 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. Page 3 of 11 '- -:f-krY1* 12 A Self Analysis: The response time to ReqLlests l'or Legal Services has stabilized in the range 01' <JO - 95% of all RLS's being processed within 48 hours. The followiog graph shows the RI.S's received and closed on a monthly basis: RLSs Received and Closed August, 2009 through July, 2010 450 400 350 300 250 200 150 100 50 0 ~ ~ ~ ~ ....' " ~ (b ",Ci) f "< ..!!! ~ 0:5 ~ ~ " ..g> oS d' ~ ~ " (b f l' ~ ~ r'ii " ,J' f rfJ (j ;? ~ tS :1 ,f 'j ;? ~ ~' ! #l I.i. ;? ~ -s::' ~ .:! ;? ;? ;? ;? ~ ~ ~ ~ .'>-.' "'; (/)' "'; ~ .:! g ~ "< .., .., . RLSs Received - RLSs Closed I As always, a number of legal assignments, due to their complex nature, take weeks and even months to complete. I believe the Office has fully achieved my goals in this area, the results of which are demonstrated in the next Goal and Objective, which is Client Satisfaction/Peer Review. Last year I indicated that ] intended to maintain this standard and my stall is exceeding my expectations. Page 4 of 11 , S1ern *- 12 A Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 ~nQ .-- :z, 5 4. Client Satisfaction! Peer Review. Client satisfaction is 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 I to 3 scale, with I 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. Attorneys who consistently deliver otttstanding performance will be rewarded, and those Attorneys who cannot achieve satisfactory reviews by their clients despite multiple reassignments will eventually leave the Office. Client reviews will also factor into each of the Assistant County Attorney's performance evaluations. In short, the County Attorney will ensure that Assistant County Attorneys and Sttpport staff are motivated to work to their full potential, that excellent performance will be recognized and rewarded, and that poor performance will not be tolerated. Sel f 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 rcsults are utilized to shift workloads if departments are not satislied with our services; they are also utilized in the attorney's individual annual performancc evaluations. The following is a chart showing a comparison of :WOS. 2009 and 2010 overall clicnt feedback. As you can see. during my tenure as County Attorney we have tripled the "Exceeds" evaluation of this Office while virtually eliminating thc "Does Not Meet'" portion of the evaluation. Page 5 of II ~ -:r~~12A .--------------..--- Comparison of 2008, 2009 and 2010 Attorney - Client Feedback Overall Results 70% --------66% .-.-.-.- ____~_._.___..__.,________~.___._.___._,._"__~__~m.~___._~-_. 60% 50% 1% 3% 40% 30% 20% 10% 0% Does Not Meet Exceeds Meets [~2008 02009 . 20~ ---- ---- --_._._-~...._-_._-_.--- u_.__..__.._____ -"-_.,--- --_.---"--- ---- Commissioner Comment: l N/A Below Meets Exceeds Standards Standards Standards 1 2 3 I RatinQ < Page 6 of 11 '- 5~~12A 5. Fiscal Management. r will continue to develop and effectively administer an annual bttdget 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. Dttring the Fiscal Year prior to my becoming County Attorney (2008), this Office's bttdget for Personal Services was $3,173,600, with 13 Attorneys and 18 Support Staff. Next year's proposed bttdget for Personal Services seeks $2,575,300, with 10 Attorneys and 15 Support Staff. This represents an almost 19% reduction in personnel costs, and was accomplished with no loss in service through voluntary attrition and by closing our offices at CDES to consolidate this Office's operations. The proposed budget contains permanent cuts of 8 positions, with 1 budgeted but unfilled Attorney position. This position will likely need to be filled when normal activity resumes in permitting and land use. It is my intent to continue to permanently reduce this Office's Sttpport Staff throttgh normal attrition until r reach a ratio of approximately 1 Support Staff person per Attorney, which my research has found is typical throttghottt Cottnty Attorney Offices in this State. Self Analysis: This office has reduced expenditures rrom $J.5J7.200 in the FY 2009 adopted budget to the current request or $2.906.100 in FY 201 L a reduction or $659.ROO and the elimination or eleven positions in that same time period. The Orficc is currently budgeted 1'01' twenty-three permanent positions (9 attorneys and 14 support staft). l'he n:ducti(\n in pcrsonncl was accomplishcd with no loss in servicc due to a general decline in County husiness (especially land use),lw cross-training the assistant count v altorncvs and stall. and lw closing our offices .; .... -.. .. <- at Horseshoe and consolidating this Office's operations. ;\s I stated previously. it is my intent to continue to permanently reduce this Ofliee's support stall through normal attrition until I reach a ratio of approximately 1 support staff person per attorney, which my research has round is typical throughout County Attorney Oflices in this State. Again this year I did not request any runds Ic)]' Capital Outlay. Commissioner Comment: Betow Meets Exceeds Standards Standards Standards 1 2 3 I Ratino ~ Page 7 of 11 ~- J)cM* 12A 6. PttbJic Records and Sunshine Law. This Office will continue to edttcate and ttpdate Cottnty staff, and advisory board members throttgh periodic workshops/seminars, (e.g. Sunshine Law, Public Records Act, State and local ethics law). This Office will also condttct seminars with staff on variottS topics of interest. Self Analysis: By the end of August 2tl1 O. our attorneys \\ ill haw made 7 presentations / workshops i seminars to County stall and advisory board meetings. !. November n. 2009 presentation to advisory boards relating to social networking; ') December 3. 2010 presentation by the County Attorney to the rlorida Association of County Attorneys relating to social networking; 3. February X. 2010 presentation to thc zoning staff relating to Google Fal1h for Planning and loning; 4. April 7.2010 presentation to Pelican Bay Services Division relating to Sunshine. Public Records. Social Networking. and Ethics: 5. April2!. 2010 presentation to employees relating to ethics: 6. June 24. 201 0 presentation to Code Enforcement Board relating to Sunshine Law: 7. July 13.20] 0 presentation to Consel'l'ation Collier relating to Sunshine I.aw. Our entire Power Point presentation of SUllShine Law. Public Records Act and State and Local Ethics Laws is available on the internet at www.collier;.!ov.net on the County Attorney web page j()r viewing by advisory board members. staff and the public. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratina ~. _C:; 7. Litigation. We will continue to prepare and distribute concise quarterly reports for the Board with respect to current litigation, including potential or anticipated legal issues that may come before the Board of County Commissioners. Self Analysis: I have provided the Board with litigation update reports on October. 23. 2010: January 27. 2010: April 14.2010 and July 29. 20]0. The next report will be provided in October. 2010. Page 8 of! ) ~ ~M ~ *- 12,' As you will have noted from those reports, this Ofllee manages a substantial amount of litigation. As of the July, 2010 report there was a total of 369 cases, half of whieh were foreclosure related. From October I, 2009, to the present there was no decision which materially adversely affected the County. Commissioner Comment: ~I'Y\V~~. ~ ~ ~ c ~--:G.. a-u.. ~ ~~cr~:ro ~ + ~ ~~~-'. ~ ~j)~\~ ~~~-~-~ -~~. ~ <l.~1--~ ~~ ~ ~~ ~~~~ ~ "'- Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating 2- Proiects for this Fiscal Year I, Records Management The County Attorney Office currently has several hundred boxes of documents in storage. It is the goal of the Office to work with the Cottnty's Records Management Liaison Officer to either destroy old materials pursuant to the Records Management Retention Schedttle set forth by the State of Florida or scan the docttments into our document management program, This will eliminate all off-site storage, resttlting in savings to the County of approximately $10,000 per year. Self Analysis: We have diligently worked with the County's Records Management L.iaison Ofllccr and have reviewed and eithcr destroyed or scanned the contents of 606 boxcs that were held in storage. This is a long, tedious process since there is no index of the documents in the boxes and we must assure that we remain in compliance with the Public Records Act. Commissioner Comment: Betow Meets Exceeds Standards Standards Standards 1 2 3 []ati,,!L -_..----- .:2- 5 Page 9 of 11 ~ =rJem ~'12A 2. Update Municode. Based upon private concerns, this summer we had a volttnteer check Mttnicipal Code Corporation's (Municode) Code of Laws and Ordinances against the actual ordinances adopted by the Board. It quickly became evident that there were numerous errors and omissions between the Board's actual ordinances and the published ordinances in Municode, inclttding the omission of entire ordinances. Apparently, no one in the County has been proofing the pttblished Municode Code of Laws and Ordinances. This Office is presently working with Municode and is in the slow process of correcting these errors and omissions. I intend to have this process completed by the second quarter of the fiscal year. On a going forward basis, this Office now proofreads all Ordinances passed by the Board, including those related to the Land Development Code, as they are published by Municode, to ensure their accuracy. Self Analysis: This goal has hcen achieved. Aller extensive and substantial work with Municipal Code Corporation we have corrected numerous errors and omissions hetween thc Board"s actual ordinanccs and the puhlished otdinances in f\1unieode. We arc now proofi'eading all supplcments and comparing them to the ordinances adopted hy the Board of County Commissioners. rhis offiee will continue to proofread the supplements to assure their ace urac y. Commissioner Comment: Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratinn .2. .,. 3. Create an Internship Program with Ave Maria School of Law. We are in the process of creating an Internship Program which will enable any second or third year law student from Ave Maria School of Law interested in local government law to intern with this Office at no cost to the County. Working under the sttpervision of an attorney, the intern would work approximately 8 hours per week for a 12-week period, rotating through such areas as Code Enforcement, Litigation, Land Use and general Board of County Commissioner issues. Based on my conversations with other County Attorneys who have sttch programs, properly managed, law student interns increase the prodttctivity of a County Attorney's Office at no cost. Another benefit is that over time this program will create a recruiting pool of potential assistant cottnty attorneys for this Office. Page 10 of I ] 54&vl ~ 12A Self Analysis: We have now had two interns li'om Ave Maria Law School. It has worked out well. The interns have been able to assist the attornevs in research and writing of pleadings. David Wagner, Director of Externships for the Ave Maria Law School, stated in a recent e-mail "I cannot express fully the gratitude that we have Ii)!' your participation in the Ave Maria School of I,aw Externship Program this semester. This program exists because of your interest in Ave Maria School of Law and your commitment to our students." This oi'lice is preparing to host another student intern li'om Ave Maria during the fall 2010 semester. Commissioner Comment: Betow Meets Exceeds Standards Standards Standards 1 2 3 atina ~ Ie::: [] A\f c;.. S c:..DR.,G :. 2..5 ~ Page 11 of 11 ~~12A COUNTY ATTORNEY FY 2009 - 2010 ACTION PLAN I EVALUATION SUMMARY OF RATINGS COMMISSIONER ITEM FIALA COYLE HALAS HENNING COLETTA AVERAGE Oral Presentations at Meetinqs 2.50 2.50 2.00 2.00 3.00 2.40 Written Legal Advice 2.50 2.00 2.80 2.00 3.00 2.46 Processing Requests for Leaal Services 3.00 2.50 2.90 3.00 3.00 2.88 Client Satisfaction I Peer Review 3.00 3.00 3.00 2.00 3.00 2.80 Fiscal Manaaement 2.00 3.00 2.90 3.00 3.00 2.78 Public Records and Sunshine Law 2.00 2.50 2.80 2.00 3.00 2.46 Litiaation 3.00 2.00 3.00 3.00 3.00 2.80 Records Manaaement 2.50 2.50 2.95 2.00 3.00 2.59 Update Municode 2.50 2.50 2.70 2.00 2.75 2.49 Create Internship 2.50 2.50 3.00 2.00 3.00 2.60 Averages Per Commissioner 2.55 2.50 2.81 2.30 2.98 Overall Average 2.63 coa60/64 Overall Percentage 88%