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Agenda 02/26/2008 Item # 9A Agenda Item No. 9A February 26, 2008 Page 1 of 3 ,- EXECUTIVE SUMMARY PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS BY ANDREA SIMS, WATERS-OLDANI EXECUTIVE RECRUITMENT, A DIVISION OF THE WATERS CONSULTING GROUP, INC. AND CONSIDERATION OF THE RECOMMENDED FIVE FINALISTS FOR THE COLLIER COUNTY ATTORNEY POSITION. OBJECTIVE: To hear presentation by Andrea Sims, Waters-Oldani Executive Recruitment, and consider approval of five recommended finalists from the list of ten semi-finalists and set date for interviews for the five finalists by Board of County Commissioners (BCC). CONSIDERATIONS: On June 26, 2007, the Purchasing Department was directed to solicit proposals from qualified firms for the purpose of obtaining professional recruiting services related to the search for a new County Attorney. At the Board Meeting on Septcmber II, 2007, the Board selected the firm Waters-Oldani Executive Recruitment, a division of The Waters Consulting Group, Inc. and authorized the Purchasing Department to conduct negotiations. On October 23, 2007, the Board approved a negotiated contract with the selected firm in the amount of $28,000 and amended to $30,500 to accommodate an additional trip to Collier County. Andrea B. Sims has been assigned as the point person on behalf of Waters-Oldani for the recruitment services. - At the Board Meeting on January 29, 2008, the Board approved the recommended list of ten semi-finalists and unanimously approved Ms. Sims to perform interviews and recommend five finalists for the Board's consideration and present to the Board on February 26,2008. DISCUSSION ITEMS: . Ms. Sims will make a presentation to BCC on February 26,2008 at 10:00 a.m. . Ms. Sims will discuss her recommended five finalists and the interview process. . Ms. Sims will ask for the BCe's interest in addin~ Mr. Spencer to the list of semifinalists, with a videoconference scheduled on the 27 . . Ms. Sims will recommend protocol for thc final interview process. . BCC to approve or amend the list of five finalists. . Bee to approve or amend the final interview process. . BCC to set date for on site interviews of the five finalists. (March 12 or 26, 2008) FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None ~ RECOMMENDATION: That the Board of County Commissioners select five finalists and set date for the Board to interview the five finalists. --..-.'. _..~-_..-.- ,--",.".._,.~ .""._-"~" -~_.,,"_.--~~.,, Agenda Item No, 9A February 26, 2008 Page 2 of 3 PREPARED BY: Sue Filson, Executive Manager to the Board of County Commissioners. DATE: FEBRUARY 26, 2008 Page 1 of ] Agenda Item No, 9A February 26, 2008 Page 3 of 3 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9A Item Summary: This item to be heard at 10:00 a.m Presentation to the Board of County Commissioners by Andrea Sims, Waters-Oldani Executive Recruitment, a Division of the Waters Consulting Group, Inc. and consideration of the recommended five finalists for the Collier County Attorney position. Meeting Date: 2/26/2008 900,00 AM Prepared By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCe Office Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/12/20083:44 PM Commissioners - file:IIC:\Agenda T est\Export\ 10 I-F ebruary%2026, %202008\09. %20BOARD%200F%20CO... 2/20/2008 -_.~--~. ^ ..,.>~.,,~. w._.~_n..- ._------- 2/25/2008 COUNTY ATTORNEY INTERVIEW SCORE SHEET COMMISSIONER: WEIGHT 30% 30% 30% 10% ----- Management GMP -~.~,-_.- FL Law Exper Litigation Exper Total Points 0-30 Points 0-30 Points 0-30 Points 0-10 Points -- -_._,-,~--_.~ ---------..---- --~--_.- ~- Maria Chairo "-----...--,.- ----- -.---. ,---,-_.. _.__.'"._~_._--- -~--'-'--~~'-- +~,-, ----- ----- --- -- 0 Gary Glassman --,--~ 0 - ,------- ---.- -.-- Jeffrey Klatzkow - f---- 0 John Turner 0 -~-,._._,------ -------------- --"-" -- ------- --;; Thomas Spencer 0 -- I-- -- --------~~._. ---~ n..'__'___ --- .-.---..---------- -- ---- _ ___.,w___,.,______",__ . '__'_ COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE .--..-- ---,"--- ------" --'-- -~.-".- SUGGESTED INTERVIEW QUESTIONS RATING SHEET Rated by: Acceptable Good Excellent Outstanding 1. Knowledge of Land Development Code 2. Knowledge of Growth Management Plan 3. Leadership abilities 4. Management and administrative skills 5. Approach and creativity 6. Knowledge and experience in planning, community and economic developmeut and redevelopment, and code enforcement issues. 7. Knowledge of public fmancing issues and funding 8. Job/career motivation 9. Interest in coming to the COWlty 10. Overall (presence, commWlications skills, career fit with the Organization) Comments: THE WATERS CONSULTING GROUP, INC. PAGE. 1 THIS DOCUMENT IS COPYRIGHTED AND PROPRIETARY INFORMATION. iD COPYRIGHT 2002.2003 THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON \VITHOUT THE WRITTEN CONSENT OF WCG, INe. . .-.. --->_. ..._,~._.-'~.- .. __ ______.~_.___~__n_ QUESTINONAIRE FOR COUNTY ATTORNEY APPLICANTS (Please attach additional pages as needed to respond fully to questions.) DATE: Florida Bar No.: GENERAL: Soc. Sec. No. : 1. Name: E-mail: Date Admitted to Practice in Florida: 2. State title currently held; including professional position and any public or judicial office. 3. Business address: City: State: ZIP: Telephone: FAX: 4. Residential address: City: State: ZIP: Since: Telephone: 5. Place of birth: Date of birth: Age: 7. Length of residence in State of Florida: 8. Military Service (including Reserves) Service Branch Highest Rank Dates Rank at time of discharge: Type of Discharge: Award or citations: Page 1 .~_.._~-_.._.._, -~.. ----.-.....--.-.'-.-. --- NON-LEGAL EMPLOYMENT: 9. List all previous full-time non-legal jobs or positions held since 21 in chronological order and briefly describe them. Date Position Employer Address PROFESSIONAL ADMISSIONS: 10. List all courts (including state bar admissions) and administrative bodies having special admission requirements to which you are present'1y admitted to practice, giving the dates of admission. Court or Administrative Body Date of Admission LAW PRACTICE: 11. State the names, dates and addresses for all firms with which you have been associated in practice, governmental agencies or private business organizations by which you have been employed, periods you have practiced as a sole practitioner, law clerkships and other prior employment: Position Name of Firm Address Dates Page 2 ---_.."._._~- -. 12. Provide a detailed description of how the State Growth Management Law (SB-360) impacts local government with specific emphasis on Home Rule Rights, concurrency, growth management and budgeting for capital improvements. Attach at least ODe example of legal writing which you personally wrote. If you have not personally written any legal documents recently, you may attach writing for which you had substantial responsibility. Please describe your degree of involvement in preparing the writing you attach. 13. Have you ever held or been a candidate for any public office? If so, state the office, location and dates of service or candidacy. 14 . Has a complaint about you ever been made to the Ethics Commission, or any Bar Association? If so, give date, describe complaint and its resolution. 15. Have you ever been held in contempt? If so, for each instance state name approximate date and circumstances. BUSINESS INVOLVEMENT: 16. If you are now an officer, director or otherwise engaged in the management of any business enterprise, state the name of such enterprise, the nature of the business, the nature of your duties, and whether you intend to resign such position immediately upon your appointment or election to judicial office. Page 3 _.._-_._.~_._~,.<- .- ....-.---,...- ,..~,---_._------ -.'_.., 17 . Since being admitted to the Bar, have you ever been engaged in any occupation, business or profession other than the practice of law? If so, give details, including dates. 18. State whether during the past five years you have received any fees or compensation of any kind, other than for legal services rendered, from any business enterprise, institution, organization, or association of any kind. If so, identify the source of such compensation, the nature of the business enterprise, institution, organization or association involved and the dates such compensation was paid and the amounts. POSSIBLE BIAS OR PREJUDICE: 19. The Commission is interested in knowing if there are certain types of cases, groups of entities, or extended relationships or associations which could present a possible conflict of interest for the position you seek. Please list all types or classifications of cases or litigants for which you as a general proposition believe it would be difficult for you to pursue as the county attorney. Indicate the reason for each situation as to why you believe you might be in conflict. PROFESSIONAL AND OTHER ACTIVITIES: 20 List all bar associations and professional societies of which you are a member and give the titles and dates of any office which you may have held in such groups and committees to which you belonged. Page 4 -_.~-,,------,---- --,.-.---. "_,_,.'_..n','."___'__ 21. List, in a fully identifiable fashion, all organizations, other than those identified in response to question No. 45, of which you have been a member since graduating from law school, including the titles and dates of any offices which you have held in each such organization. 22. Describe any pro bono legal work you have done. Give dates. SUPPLEMENTAL INFORMATION: 23. Have you attended any continuing legal education programs during the past five years? If so, in what substantive areas? 24. Have you taught any courses on law or lectured at bar association conferences, law school forums, or continuing legal education programs? If so, in what substantive areas? 25. Describe any additional education or other experience you have which could assist you in holding the office of county attorney. Page 5 ------.- -^^_.. --,-~-~- "-- 26. Explain the particular potential contribution you believe your selection would bring to this position. 27 . Give any other information you feel would be helpful to the Commission in evaluating your application. Page 6 ,.~_.,. - -~.. -----_._- CERTIFICATE r have read the foregoing questions carefully and have answered them truthfully, fully and completely. r hereby waive notice by and authorize The Florida Bar or any of its committees, educational and other institutions, the Judicial Qualifications Commission, the Florida Board of Bar Examiners or any judicial or professional disciplinary or supervisory body or commission, any references furnished by me, employers, business and professional associates, all governmental agencies and instrumentalities and all consumer and credit reporting agencies to release to the respective Judicial Nominating Commission and Office of the Governor any information, files, records or credit reports requested by the commission in connection with any consideration of me as possible nominee for appointment to judicial office. Information relating to any Florida Bar disciplinary proceedings is to be made available in accordance with Rule 3-7.1(q)(2), Rules Regulating The Florida Bar. r recognize and agree that, pursuant to the Florida Constitution and the Uniform Rules of this corrunission, the contents of this questionnaire and other information received from or concerning me, and all interviews and proceedings of the commission, except for deliberations by the corrunission, shall be open to the public. Dated this day of , 20 - Signature Pursuant to Section 119.07 (3) (i) (1), F .S., The home addresses and telephone numbers of justices of the Supreme Court, district court of appeal judges, circuit court judges, and county court judges; the home addresses, telephone numbers, and places of employment of the spouses and children of justices and judges; and the names and locations of schools and day care facilities attended by the children of justices and judges are exempt from the provisions of subsection (1) , dealing with public records. Page 7 _.,_._".."._._..._-_....,-_..~- .---..,,,.-.- APPLICATION DATA RECORD The application shall include a separate page asking applicants to identify their race, ethnicity and gender. Completion of this page shall be optional, and the page shall include an explanation that the information is requested for data collection purposes in order to assess and promote diversity. (Please Type or Print) Date: JNC Submitting To: Name (please print) : Current Occupation: Telephone Number: Attorney No. Gender (check one) : Male Female Ethnic Origin (check one): White, non Hispanic Hispanic Black American Indian/Alaskan Native Asian/Pacific Islander County of Residence: Page 8 --,. ~-....._- -- ----".-._..~-_.- MEMORANDUM DATE: February 15,2008 TO: Board of County Commissioners FROM: Sue Filson, Executive Manager to BCC RE: Questionnaire for County Attorney Applicants Commissioner Fiala previously forwarded a judicial questionnaire to the commissioners. Based on input I have received from commissioners, I have removed all judicial references. I am forwarding the amended questionnaire for your review. SF Attachment --"_".~,,.'--'---'...- "-...>- QUESTINONAIRE FOR COUNTY ATTORNEY APPLICANTS (Please attach additional pages as needed to respond fully to questions.) DATE: Florida Bar No.: GENERAL: Soc. Sec. No. : l. Name: E-mail: Date Admitted to Practice in Florida: 2. State title currently held; including professional position and any public or judicial office. 3. Business address: City: State: ZIP: Telephone: FAX: 4. Residential address: City: State: ZIP: Since: Telephone: 5. Place of birth: Date of birth: Age: 6. Length of residence in State of Florida: 7. Marital status: If married: Spouse's name: Date of marriage: Spouse's occupation: If ever divorced give for each marriage name(s) of spouse (s), current address for each former spouse, date and place of divorce. Page 1 ----... 8. Children: Name(s) Age(s) Occupation(s) Residential addresses) - 9. Military Service (including Reserves) Service Branch Highest Rank Dates Rank at time of discharge: Type of Discharge: Award or citations: HEALTH: 10. Are you currently addicted to or dependent upon the use of narcotics, drugs, or intoxicating beverages? If yes, state the details, including the date. 11a. During the last ten years have you been hospitalized or have you consulted a professional or have you received treatment or a diagnosis from a professional for any of the following: Kleptomania, Pathological or Compulsive Gambling, Pedophilia, Exhibitionism or Voyeurism? Yes: No: If your answer is yes/ please direct each such professional, hospital and other facility to furnish the Chairperson of the Commission any information the Commiss~on may request with respect to any such hospitalization, consultation, treatment or diagnosis. ["Professional" inc~udes a Physician, Psychiatrist, Psychologist, Psychotherapist or Mental Health Counselor.~ Please describe such treatment or diagnosis. - Page 2 ----_.. .__>._w.~____,.__.,.._. '~- llb. In the past ten years have any of the following occurred to you which would interfere with your ability to work in a competent and professional manner? * Experiencing periods of no sleep for 2 or 3 nights * Experiencing periods of hyperactivity * Spending money profusely with extremely poor judgment * Suffered from extreme loss of appetite * Issuing checks without sufficient funds * Defaulting on a loan * Experiencing frequent mood swings * Uncontrollable tiredness * Falling asleep without warning in the middle of an activity Yes: No: If yes, please explain. l2a. Do you currently have a physical or mental impairment which in any way limi ts, your ability or fitness to properly exercise your duties in a competent and professional manner? Yes: No: 12b. If your answer to the question above is Yes, are the limitations or impairments caused by your physical or mental health impairment reduced or ameliorated because you receive ongoing treatment (with or without medication) or participate in a monitoring or counseling program? Yes: No: Describe such problem and any treatment or program of monitoring or counseling. Page 3 "0_"_.__ .-.~ ..--.- 13. During the last ten years, have you ever been declared legally incompetent or have you or your property been placed under any guardianship, conservatorship or committee? If yes, give full details as to court, date and circumstances. 14. During the last ten years, have you unlawfully used controlled substances, narcotic drugs or dangerous drugs as defined by Federal or State laws? If your answer is "Yes, " explain in detail. (Unlawful use inc-=-udes the use of one or more drugs and/or the unlawful possession or distribution of drugs. It does not include the use of drugs taken under supervision of a licensed health care professional or other uses authorized by Federal law provisions.) -, 15. In the past year, have you ever been reprimanded, demoted, disciplined, placed on probation, suspended, cautioned or terminated by an employer as result of your alleged consumption of alcohol, prescript~on drugs or illegal use of drugs? If so, please state the circumstances under which such action was taken, the name(s) of any persons who took such act~on, and the background and resolution of such action. 16. Within the last five years, have you ever been formally reprimanded, demoted, disciplined, cautioned, placed on probation, suspended or terminated by an employer? If so, please state the circumstances under which such action was taken, the date(s) Si.lch action was taken, the name(s) of any persons who took such action, and the background and resolution of such action. Page 4 ~'-----" .-....---,,-,-.,,., -..-.-.... 17. Have any of your current or former co-workers, subordinates, supervisors, customers or clients ever filed a formal complaint or accusation of misconduct against you with any regulatory or investigatory agency, or with your employer? If so, please state the date(s) of such formal accusation(s), and the specific formal accusation(s) made, and the background and resolution of such action(s). -- lB. Have you ever refused to submit to a test to determine whether you had consumed and/or were under the influence of alcohol or drugs? If so, please state the date you were requested to submit to such a test, type of test required, the name of the entity requesting that you submit to the test, the outcome of your refusal and the reason why you refused to submit to such a test. 19. In the past year, have you failed to meet any deadline imposed by court order or received notice that you have not complied with substantive requirements of any business or contractual arrangement? If so, please explain in full. 20. In the past ten years, have you suffered memory loss or impaired judgment for any reason? If so, please explain in full. Page 5 ,____.__._. _..~. ___.,_,__ _.,,_o"~_,_,~"<_.__ _'___'_ 2l. Are you currently the subject of an investigation which could result in civil, administrative or criminal action against you? If yes, please state the nature of the investigation, the agency conducting the investigation and the expected completion date of the investigation. 22. In the past ten years, have you been subject to or threatened with eviction proceedings? I f yes, please explain. EDUCATION: 23a. Secondary schools, colleges and law schools attended. Schools Class Standing Dates of Attendance Degree 23b. List and describe academic scholarships earned, honor societies or other awards. --.-.. Page 6 ""--.---, .~---_..~.- . ----..-- NON-LEGAL EMPLOYMENT: 24. List all previous full-time non-legal jobs or positions held since 21 in chronological order and briefly describe them. Date Position Employer Address PROFESSIONAL ADMISSIONS: 25. List all courts (including state bar admissions) and administrative bodies having special admission requirements to which you are presently admitted to practice, giving the dates of admission. Court or Administrative Body Date of Admission LAW PRACTICE: 26. State the names, dates and addresses for all firms with which you have been associated in practice, governmental agencies or private business organizations by which you have been employed, periods you have practiced as a sole practitioner, law clerkships and other prior employment: Position Name of Firm Address Dates Page 7 -"--_.._..0._.. -_._--~--_.~-_.~-"~._-~~..--~,...,,--_.- .--- 27 . Provide a detailed description of how the State Growth Management Law (SB- 360) impacts local government with specific emphasis on Horne Rule Rights, concurrency, growth management and budgeting for capital improvements. Attach at least one example of legal writing which you personally wrote. If you have not personally written any legal documents recently, you may attach writing for which you had substantial responsibility. Please describe your degree of involvement in preparing the writing you attach. 28. Have you ever held or been a candidate for any public office? If so, state the office, location and dates of service or candidacy. 29. Has a complaint about you ever been made to the Ethics CorrunissioD, or any Bar Association? If so, give date, describe complaint and its resolution. 30. Have you ever been held in contempt? If so, for each instance state name approximate date and circumstances. BUSINESS INVOLVEMENT: 3l. If you are now an officer, director or otherwise engaged in the management of any business enterprise, state the name of such enterprise, the nature of the business, the nature of your duties, and whether you intend to resign such position immediately upon your appointment or election to judicial office. Page 8 -'-'-~~--~-" "'_~"~._'- ----,---"--.~.,..--_..--'"-~.~,,.~-_._-_._-~-_.., .. ~._"""".._- 32. Since being admitted to the Ba.r, have you ever been engaged in any occupation, business or profession other than the practice of law? If so, give details, including dates. 33. State whether during the past five years you have received any fees or compensation of any kind, other than for legal services renderedl from any business enterprise, institution, organization, or association of any kind. If so, identify the source of such compensation, the nature of the business enterprise, instit\1tion, organization or associat.ion involved and the dates such compensation was paid and the amounts. POSSIBLE BIAS OR PREJUDICE: 34. The Commission is interested in knowing if there are certain types of cases, groups of entities, or extended relationships or associations which could present a possible conflict of interest for the position you seek. Please list all types or classifications of cases or litigants for which you as a general proposition believe it would be difficult for you to pursue as the county attorney. Indicate the reason for each situation as to why you believe you might be in conflict. Page 9 .--.... ,- - -- ~ _____m_ MISCELLANEOUS: 35. Have you ever been convicted for violation of any federal f state, county or municipal law, regulation or ordinance? If so, give details. Do not include traffic violations for which a fine of $100 or less was imposed unless it also included a jail sentence. 36. Have you ever been sued by a client, or anyor,e? If so, give particulars including name of client, date suit filed, court, case number and disposition. 37. Have you or your professional liability insurance carrier ever settled a claim against you for professional malpractice? If so, give particulars, including the amounts involved. 38. Have you ever filed a personal petition in bankruptcy or has a petition in bankruptcy been filed against you? Page 10 ------ .~.~~. __..m__._ 39. Have you ever owned more than 25% of the issued and outstanding shares or acted as an officer or director of any corporation by which or against which a petition in bankrGptcy has been filed? If so, give name of corporation, your relationship to it and dat.e and captior. of petition. 40. Have you ever been a party to a lawsuit either as a plaintiff or as a defendant? If so, please supply style, case number, nature of the lawsuit, whether you were Plainti ff or Defendant and its disposition. 4l. Has there ever been a finding of probable cause or other citation issued against you or are you presently under investigation for a breach of ethics or unprofessional conduct by any court,adninistrative agency, bar association, or other professional group. If so, give the particulars. 42. Have you filed all past tax returns as required by federal, state, local and other government authorities? Yes: No: If no, explain. Page 11 .-----' _ ._,._~,,,~~~___...~~~_____,"4'"_~'_'_ -....---.- 43. Have you ever paid a tax penalty? Yes: No: If yes, explain what and why. ~ ~ 44. Has a tax lien ever been filed against you? If so, by whom, when, where and why? PROFESSIONAL AND OTHER ACTIVITIES: 45. List all bar associations and professional societies of which you are a member and give the titles and dates of any office which you may have held in such groups and committees to which you belonged. 46. List, in a fully identifiable fashion, all organizations, other than those identified in response to question No. 45, of which you have been a member since graduating from law school, including the titles and dates of any offices which you have held in each such organization. 47. List your hobbies or other vocational interests. Page 12 _.~-_._,._- --."- -- _._._-----"--~.,. ~- 48. Do you now or have you ever belonged to any club or organization that in practice or policy restricts (or restricted during the time of your membership) its membership on the basis of race/ religion, national origin or sex? If so, detail the name and nature of the club(s) or organization(s), relevant policies and practices. 49. Describe any pro bono legal work you have done. Give dates. SUPPLEMENTAL INFORMATION: 50. Have you attended any continuing legal education programs during the past five years? If so, in what substantive areas? 51. Have you taught any courses on law or lectured at bar association conferences, law school forums, or continuing legal education programs? If so, in what substantive areas? 52. Describe any additional education or other experience you have which could ass-=-st you in holding the office of county attorney. Page 13 -_.-----" -.--..-..--------,., .._-_._.,---"--------_...~_. --~_.----~ 53. Explain the particular potential contribution you believe your selection would bring to this position. 54. Give any other information you feel would be helpful to the Commission in eva=-uating your application. REFERENCES: 55. List the names / addresses and telephone numbers ten persons who are in a position to comment on your qualifications and of whom inquiry may be made by the Commission. --,~- --- Page 14 ~~._." _."_._~~,._,._--- ---" -.--.--. CERTIFICATE I have read the foregoing questions carefully and have answered them truthfully, fully and completely. I hereby waive notice by and authorize The Florida Bar or any of its committees, educational and other institutions, the Judicial Qualifications Commission, the Florida Board of Bar Examiners or any judicial or professional discipli~ary or supervisory body or commission, any references furnished by me, employers 1 business and professional associates, all governmental agencies and instrumentalities and aL consumer and credit reporting agencies to release to the respective Judicial Nominating Commission and Office of the Governor any information, files, records or credit reports requested by the commission in connection with any consideration of me as possible nominee for appointment to judicial office. Information relating to any Florida Bar disciplinary proceedings is to be made available in accordance with Rule 3-7.l(q) (2), Rules Regulating The Florida Bar. I recognize and agree that, pursuant to the Florida Constitution and the Uniform Rules of this corrunission, the contents of this questionnaire and other information received from or concerning me, and all interviews and proceedings of the corrunission, except for deliberations by the corrunission, shall be open to the public. Dated this day of 20 Signature Pursuant to Section 119.07 (3) (i) (1), F. S., The home addresses and telephone numbers of justices of the Supreme Court, district court of appeal judges, circuit court judges, and county court judgesi the home addresses, telephone numbers, and places of employment of the spouses and children of justices and judgesi and the names and locations of schools and day care facilities attended by the children of justices and judges are exempt from the provisions of subsection (1) , dealing with public records. Page 15 "-~,. ._". - ,~.", --,- FINANCIAL HISTORY In lieu of answering the questions on this page, you may attach copies of your completed Federal Income Tax Returns for the preceding three (3) years. Those income tax returns should include returns from a professional association. If you answer the questions on this page, you do not have to file copies of your tax returns. 1. State the amount of gross income you have earned, or losses you have incurred (before deducting expenses and taxes) from the practice of law for the preceding three-year period. This income figure should include salary, if the nature of your ernployme~t is in a legal field. 2. State the amount of net income you have earned, or losses you have incurred (after deducting expenses but not taxes) from the practice of law for the preceding three-year period. This income figure should include salary, if the nature of your employment is in a legal field. 3. State the gross amount of income or losses incurred (before deducting expenses or taxes) you have earned in the preceding three years from all sources other than the practice of law, and generally describe the source of such income or losses. Page 16 _.__......_ _~.._._u~._"".'__..~M__._ ._._,,_..~_. ~____'._..".'___' __'__'___ ^-..-.- 4. State the amount of net income you have earned or losses incurred ( after ded~cting expenses) from so~rces other than the practice of law for the preceding three-year period, and generally describe the sources of such income or losses. APPLICATION DATA RECORD The application shall include a separate page asking applicants to identify their race, ethnicity and gender. Completion of -chis page shall be optional, and the page shall include an explanation that the information is requested for data collection purposes in order to assess and promote diversity. (Please Type or Print) Date: - JNC Submit-cing To: Name (please print) : Current Occupation: Telephone Number: Attorney No. Gender (check one) : Male Female Ethnic Origin (check one) : -- White, non Hispanic Hispanic Black l'unerican Indian/Alaskan Native Asian/Pacific Islander County of Residence: Page 17 - - _._~----,-_._-_.._".. ----.....- ---~-- FLORIDA DEPARTMENT OF LAW ENFORCEMENT DISCLOSURE PURSUANT TO THE FAIR CREDIT REPORTING ACT (FCRAI The Florida Department of Law Enforcement (FDLE) may obtain one or more consumer reports, including but not limited to credit report s, about you, for employment purposes as defined by the Fair Credit Reporting Act, including for determinations related to initial employment, reassignment, promotion, or other employment-related actions. CONSUMER'S AUTHORIZATION FOR FDLE TO OBTAIN CONSUMER REPORT(S) I have read and understand the above Disclosure. I authorize the Florida Department of Law Enforcement (FDLE) to obtain one or more consumer reports on me, for employment purposes, as described in the above Disclosure. Printed Name of Applicant: Signature of Applicant: Date: Page 18 ,-_.'" __',.,,_ ,~_.".._.'_M'__"__"_"_'_'______N~___~_"'__ ---~ f11~fYv To: Board of Commissioners, Collier County Cc: Sue Filson, Executive Manager to the Board of County Commissioners From: Andrea Sims Waters-Oldani Executive Recruitment Subject: Status and Recommendation of the County Attorney Search Date: 2/11/08 This is to provide you an update on this very important search and correct a typo from my original correspondence. Twenty-six attorneys applied for the position by the closing date. The resumes were reviewed and 18 were sent questionnaires to complete to gather more information on their background. Thirteen resumes and questionnaires were sent for your review with the recommendation for semifinalists. Six candidates did not respond to our request to complete a questionnaire. One of these candidates, Thomas Spencer, was found to have technical difficulties in receiving our initial request. He was re-sent the questionnaire on Monday, February 5th and completed it the same day. At the 1/29/08 meeting, I recommended that 10 candidates be moved forward as semifinalists. Two candidates, Raymond Rea and William Spillias have declined to move forward. I'd like to recommend that Thomas Spencer be added to the list of semifinalists. At the 1/29/08 meeting, I was asked to provide a copy of all remaining candidates that applied for this position. A package with all candidates to-date was sent for del ivery on Monday, 2/11. One additional resume is also attached, that of Steven Gardner as well as an updated Master Applicant List showing all 39 applicants, those that applied prior to the closing date, up till 1/29, when we removed it from our website for additional candidates. After the interviews, I will summarize the semifinalists' pros and cons, with a recommendation of up to five candidates as finalists for you to interview. I will provide summary interview notes for the interviewed candidates. I will be at your meeting on 2/26 with this recommendation with the expectation that the interviews will take place the day following the 3/25 board meeting. In addition, recommended interview protocols will be included for your review and acceptance. Just as a reminder, at the time you interview the finalists, I will have the following prepared for you: . Final Profiles based on the entire interview process; . Their Accomplishments, Critical Problem Analysis, and Organization Chart; . References and Background Checks (Civil, Criminal, DMV, Lexus/Nexus, confirmation of degrees, completion of the bar, etc.); . Suggested Interview Questions. ."...-~"_."-- .__.,,-, ,,--,~,-,,--,"-'-'.'--"-'--'----""--'--~---~ Please contact me with any questions. I may be reached at 216.695.4776; I'll be interviewing a number of the candidates this week. Attachments Master Applicant List Resume of Steven Gardner Resume and Candidate Questionnaire for Thomas Spencer ...~..~~-_.- __ _+m ~..__. __"___ "'..,._u_. .,__,__'__....._'m_ ___ _'0_ c ~ v ~ ~ ~ ~ v 0 $ .~ E ro C V .., g c E 0 ~ tj ro " <( >- .~ v '" "" ~ $ .~ c 0 ~ v c " 6 e ~ E E 0 ~ ~ OJ <( 0 "0 " ~ u c <( ~ >. ~ :l ro ro ~ u: .E ~ '" "0 C C e '> c ~ ~ "0 ro 0 0 ro ~ ~ 0 z ~ ~ >= I 0 C U ~ 6 ~ ~ e ::J - " ~ .0 .2 m >- 0 c ~ ~ OJ E c 0 .~ ;;- c - '" > " 0 ~ " c ." 0 a; :J u " '" ~ 0 ~ u ~ v ;e " c ~ ">- ~ v ~ ~ >- c ~ 6 1;; E " 0 0 >- >- <( >- E ~ , ~ " c ~ - c >. <( 6 E ~ ~ ~ ] :ffi lii 0 :2 E >- ;:. lii >- u <( 0 c ~ '" ~ c '" :;: 0 c 6 6 c 0 0 6 c 6 - .~ c '" u .2 0 .2 ~ ., 0 - lii ~ 0 ~ lii :2 C 0 :l 0 ~ u ~ u u ~ ~ ~ ~ u ~ ~ j ~ <( ~ ~ ~ ~ Z ~ ~ ~ OJ ~ ~ ~ ~ " ~ ~ ~ c c ~ "0 0:: 0:: ~ ~ ~ v .= ~ ~ ro " 6- "0 ~ ~ ., ~ 6 ;0 0 0 e ~ m ~ ro .6 0 u ~ z ~ ~ .0 " >- ~ ~ '" E E ~ "0 ~ ~ 0. ::l 0. >- ~ " 0 ~ ~ ro ~ ro ro .... ro ~ ~ ~ ~ <( u > z <( Z ro 0 ~ c v 0 ~ ~ 9 ~ .~ " ~ " e " ~ 32 ~ ~ 0 "0 ~ 0 > '" " "0 " ro v ro ro ::l c c ro ~ 0 ~ :2 0 <( <( .:1 '" a; ,;; u u u G ~ ~ .~ ~ ~ ~ ro ro >- " c " c '" " ." c ." 0 ro .~ '" .2 ro ." 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"- E , Z- .3 0 0 ~ 1;; :z: " u "'" u a .~ 0 c '" ~ '5 J!l ~ u ~ , ~ J!! ~7i 1;; ~ 0 i5 1;; ~ c u 15 l' I;; " "_ ro ~ ~ c c "~ ~ ~ ro ro U o ~ 0 '" 0 a: "'''' (J ~ '" :;; '" (J Z- > > c ~ ~ , c " c 0 l; l; u ~ E " c Jii '" , ro Z- 0 Z- > 1;; > u > ~ c c ~ "~ ~ c , ,)i , c 4' c l; 0 .., 0 l; l; u u " :!!'> " J!l ~ c ~ Jii ro '" "- ~ '" ro c c Z- oo c l; ro 0: ro ro " - "0 1;; ,; 1;; c c 0 ~ "E 0 ~ "~ , 0 ~ ro " :c ~ 4' ~ ~ 0 w :;;'" u '" '" u u ~ l; > :z: ~ :z: ~ ~ 0 ~ ~ ~ ~ ~ ~ u 0 ~ z ~ ~ 0 ~ ~ ~ ~ J!l m "~ ~ ~ ro > ~ ~ ro ~ J!l :;; , ~ ro ~ > u ~ ro J!! c ~ " ~ Jj Q. e ~ " ~ ~ 0 > , ro , D 0- (J ~ ~ '" ~ z '" c ~ ~ 0 e " ~ u ro E ~ ~ ~ ~ c "C E .., oo c ~ 0 ~ ro "~ " 0. "" ~ , 0 ~ ~ ~ '" '" 0- 0- > ~ E ~ > ~ ro ~ ro E ~ oo ~ c .., '" l; c 0 "C ~ .., "> , ~ ii: ~ .9 !l 0 ro 0 I- " .Q '" (J (J ~ ~ ~ :g ~ ~ ~ ~ ~ -----~_.."~,---_.__._- - -"'~"'~""'.~" ~--_..- .....-..--..-..---..---- Steven L. Gardner Attorney at Law 2182 Halcyon Road Beachwood, Ohio 44122 216-382-6226 216-978-1928 (m) Career Highlights: 31 years civil litigation practice, last 24 years at McDonald Hopkins, LLC Emphasis on business litigation and related arbitrations and mediations Designated Ohio Super Lawyer (top 5%) in business litigation 2007 and 2008 by Law & Politics and published each January in Cincinnati Magazine President, Cuyahoga County Bar Association, 2007 Admitted to Florida Bar, 2004 Life member, Judicial Conference of the Eighth Appellate Judicial District Experience: McDonald Hopkins, LLC, 1984-present, Cleveland, Ohio Extensive practice in areas of insurance coverage, products liability, non- competition covenants, trade secrets, real estate, sureties, securities, ERISA, health law, construction, contracts, civil rights, employment, professional negligence, antitrust, equitable relief, administrative law, creditor's rights, uninsured liabilities, foreclosure, tax, trademark, shareholder disputes, expert witness engagements, professional responsibility Prior experience: Frost, Freytag & Hunter, 1981-1984, Columbus, Ohio Assistant Ohio Attorney General, Court of Claims defense section, 1977-1981, Columbus, Ohio Zacks, Luper & Wolinetz, 1976-1977, Columbus, Ohio Bar Associations: Cuyahoga County Bar Association, Trustee, 1998-2004, Second Vice-President, 2004, First Vice-President, 2005, President-Elect, 2006, Chair, Joint Bar Admissions Committee, CLE committee, Ad-hoc employee handbook revision committee, Member, discussion group investigating bar unification, judicial selection committee, grievance committee Education: The Ohio State University College of Law, J.D., 1976, cum [aude Case Western Reserve University, M.S.M., 1973 The Ohio State University, B.S., 1972 Bar Admissions: Ohio, 1976; Florida, 2004 Courts: U.S. Supreme Court, 1980; U.S. Court of Appeals, Eleventh Circuit, 2002; Sixth Circuit, 1984; Southern District of Ohio, 1977; Northern District of Ohio, 1984; Southern District of Florida, 2005; U.S. Tax Court, 1985 {1390986:} ---~._-_._- _.~..- ----_.~--_.,-.- THOMAS E. SPENCER Managing Assistant County Attorney Pinellas County, Florida 33756 727-464-3354 January 15,2008 Collier County Board of County Commissioners c/o The Waters Consulting Group 3301 East Tamiami Trail Naples, Florida 34112 Commissioners: Thank you for considering my candidacy for the position of County Attorney of Collier County. As an overview of my experience, I have 30 years of experience representing government, including advising governmental bodies and their administrative staffs. The primary thrust of my career has involved representing government in trial and appeal of virtually all aspects of government operation. The ability to do this has required developing a comprehensive working knowledge of day-to-day non-litigation aspects of governmental representation, such as land use, ordinance development, labor relations, legislative support and construction. From a management perspective, in addition to establishing and operating my own law office prior to locating to Florida in 1992, I have managed outside counsel for both private and public operations, including managing trial and business counsel world- wide. I presently directly manage eight litigation positions. I manage all significant trial and appellate representation of all departments of Pinellas County government. The position offered by Collier County is one I am actively considering within Florida and is located in a community within which I have previously resided before pursuing opportunities to develop my management skills. Very truly yours, S/Thomas E. Spencer "' -~ .. __ _______m_~~__._ THOMAS E. SPENCER, Esq. 315 Court Street Clearwater, Florida 33756 727-464-3354 SUMMARY OF CURRENT EXPERIENCE Experienced Governmental Defense Trial Counsel: 30 years experienced in trial and appellate representation of cities, counties, state agencies and local governmental bodies in matters involving personal injury, civil rights, law enforcement civil liability, construction litigation, labor and employment, intergovernmental litigation, land use and condemnation. Florida Bar Board Certifications: City, County and Local Government Law (1996 - present); Civil Trial (1995 - 2000) Bar Admissions: Florida (1991), Michigan (1977), u.s. Supreme Court, 6th and 11 th U.S. Circuit Courts of Appeal, U.S. Middle District of Florida, Eastern and Western U.S. District Courts for Michigan. PROFESSIONAL EMPLOYMENT Pinellas County Attorney's Office 315 Court Street Clearwater, Florida 33765 Managing Assistant County Attorney (2003 - present). In addition to the duties of Senior Assistant County Attorney, duties of management of directly supervising and training all staff assigned to the Risk and Litigation Section of the Pine lias County Attorney's Office. Senior Assistant County Attorney (2001-2003). Supervisor of all Risk litigation for Pine lias County Constitutional Officers, with primary emphasis upon representation of the Pinellas County Sheriff and Pinellas County Board of County Commissioners. Duties include litigation and trial of complex matters, and supervising, training and mentoring of junior trial lawyers within the Pinellas County Attorney's office. ] ~ _______"_1 . "~_..'_'__._.,"_.'- ..__u Hallmark Properties, LLC Pasco Holdings, LLC International Project Partners, Inc. Southern Resources Management, Inc. Health Care Direct Services, Inc. 19235 U.S. Highway 41 North Lutz, Florida 33549 General Counsel (2000-2001). Commercial and governmental trial and appellate practice, including supervision of outside litigation counsel. Personally handle selected litigation matters in state and federal courts, appear before governmental agencies as needed. Prepare corporate transactions, including transactions involving wireless international telecommunications/internet ventures and energy projects (international power purchase agreements, power plant licensing, financing agreements, joint ventures and partnerships), establish commercial/corporate entities and monitor/analyze SEC filings. Adjunct Professor, Stetson University College of Law (Fall 2000) Federal Administrative Law Integrated Control Systems, Inc. 900 West Marion Avenue Punta Gorda, Florida 33950 General Counsel (1997 - 1998). Litigation responsibilities involved risk and litigation management, hiring and supervising outside counsel world-wide. Supervised services of 60+ trial and corporate law firms throughout the United States, Canada, Mexico, Western/Eastern Europe and the Pacific Rim. Trial responsibilities included arbitration and mediation participation and supervision involving complex commercial litigation, personal injury and employment claims, and Title VII litigation. Commercial responsibilities involved negotiating, drafting and closing multi-million dollar domestic and international consulting agreements, commercial personal and real estate transactions, corporate record-keeping, corporate expansion, international transfer pricing valuations, trademark establishment and licensing, and general corporate legal matters. Labor responsibilities included managing all labor disputes and labor litigation, formulating labor/employment policies, preparing employment contracts (compliant with local labor laws of Americas, European and Asian nations), enforcing non-compete agreements, investigating and resolving employee grievances, advising corporate and regional management teams on employee recruitment, discipline and termination consistent with corporate policy, domestic and international labor law. 2 ----...-.-- ---------. ---- Lee County Attorney's Office 2115 Second Street Ft. Myers, Florida 33901 Assistant County Attorney (1992-1997). Trial and appellate counsel with a 16-member county government law office. Managed litigation teams in complex litigation. Supervised outside counsel, and served as co-trial counsel with outside counsel in major case litigations. Routinely responsible for consultation, trial and appeal of federal and state claims involving all aspects of governmental and commercial operations of Lee County and the Lee County Port Authority (Southwest Florida International Airport). These claims involved personal injury and complex commercial matters (eminent domain, inverse condemnation, business and land valuations, land title issues), labor litigation (Title VII, ADEA, ADA, 42 USC Sec. 1983), labor (PERC, FLSA), construction, commercial and general civil liability. Thomas E. Spencer 6886 Cascade Road, S.E. Grand Rapids, Michigan 49506 Private Practice (1984-1992). Major case civil practice involved personal injury, police and sheriff federal civil rights, commercial, construction and governmental litigation. Civil trial experience included federal civil rights defense, wrongful death, severe personal injury, workers compensation and civil rights claims against commercial, state and local governmental entities. Represented Michigan State University as Special Assistant Attorney General (1980 - 1991). Adjunct Professor: American Paralegal Studies, Grand Rapids, MI. Hartford Insurance Company 3949 Sparks Drive, S.E. Grand Rapids, Michigan 49506 Staff Attorney (1980-1984). Trial and appeal of insured personal injury and civil rights claims involving private and public sector clients before federal and state courts. Representative claims involved federal civil rights defense, general governmental civil liability, product liability, construction negligence, nursing and hospital malpractice, motor vehicle accidents, slip and falls, slander and libel, workers compensation and PIP claims. Trial and appeal of worker's compensation against Hartford accounted for 20% of caseload. 3 . ~. .~._-, EDUCATION THOMAS M. COOLEY LAW SCHOOL (1974-1977) Lansing, Michigan 48933 Juris Doctor, Cum Laude. Graduated 4th in class (4/61). MICHIGAN STATE UNIVERSITY (1966-68,1972-74) East Lansing, Michigan 48824 Bachelors of Arts with Honors. Television and Radio Continuing Collegiate Education: German (Skill Level: Basic conversational) - St. Petersburg Junior College (present) Spanish (Skill level: Elementary) - University of Tampa (2002) French (Skill level: Conversational-Fluent; Reading and Writing-Intermediate)- University of South Florida (2000/2001 - Refresher); St. Petersburg Junior College (2003 Refresher) Patent & Trademark Law - Thomas M. Cooley Law School (1990) Bar Association Activities: Chairman, Civil Practice Committee, Clearwater Bar Association Barrister, Barney Masterson Inns of Court, Pinellas County, Florida Secretary, Federal Bar Association, 20th Judicial Circuit (1995-1996) Member, The Florida Bar Federal Practice Committee (1996-1997) 4 ..-., Continuing Legal Education (Seminars) Date Course Name General Credits Ethics Credits 3/27/92 XI Annual Local Government 10.0 0.5 Seminar 4/24/92 Proposed Amendments to Florida 1.0 Rules 4/30/92 Pretrial Services 1.0 9/24/92 Federal Ethical Implications 1.0 5.0 l/2l/93 Federal Civil Practice 5.0 5/1 0/93 Advanced Trial Advocacy 43.0 2.0 10/28/93 Taking The High Road 6.0 2.0 9/23/94 Brave New World of Jury Trials 8.0 10/7/94 Unlocking Mysteries of Federal 7.5 0.5 Court 10/14/94 Condemnation 7.5 l/20/95 Masters in Trial 9.0 2.0 3/2/95 Civil Trial Certification Review 15.0 1.5 1995 4/21/95 Next Step in Growth Management 7.5 5/5/95 18'" Local Government Law 12.0 1.0 6/29/95 Federal Practice & Procedure 4.5 10/6/95 Balancing Private Property 4.0 Interests with Land Use Regulation 1l/2/95 Basic Labor & Employment Law 8.0 11/3/95 Surviving the 20th Century 8.0 2/l2/96 Civil Trial Certification Review 14.5 1.5 1996 2/16/96 Trying Cases To Win 15.5 1.5 4/26/96 Employment Practices Seminar 11.0 1996 5/2/96 City, County and Local 8.0 1.0 Government Certification '96 9/20/96 Annual Seminar 5.0 1.0 2/l 0/97 Civil Trial Certification Review 14.5 1.5 1997 8/20/98 Practicing Law in Year 2000 7.0 4/9/99 Attorney's Fees 6.0 0.5 4/9/99 Sexual Harassment 8.0 1.0 4/9/99 Government in Sunshine 8.0 4.0 4/15/99 City, County and Local 8.0 0.5 Government Law Certification Review Course 4/16/99 22 Annual Local Governmental 11.5 .5 5 '" -~'.----- -...... "^"."'._--~- ...w__ '.'"U__..____.,____ Law in Florida 2/5/01 Civil Trial Board Certification 11.5 1.5 Review 200 I 3/16/01 Technology in the Courtroom 3.5 3/23/01 Advanced Construction 3.0 4/20/0 I 24m Local Government Law 9.50 1.0 Seminar 4/19/0 I 200 I City County Certification 8.0 1.0 4/20/0 I 23'd Local Government Seminar 12.0 0.5 1/18/02 Government in the Sunshine 7.0 2.0 2/13/02 Sex, Laws and Government; 5.5 Adult Entertainment Law Symposium 2/14/02 Police Misconduct 6.5 2/18/02 2002 Civil Trial Certification 15.0 2.0 5/9/02 2002 City/County and Local 8.0 1.5 Certification 5/1 0/02 25m Local Government Seminar 11.0 8/22/02 Public Contract Code and 7.0 Competitive Public Bidding in FL 11/7/02 Florida Association of Police 11.0 1.0 Attorneys 2002 Legal Update Seminar 4/4/03 Opinion/Expert Testimony in 17.0 1.0 Federal and State Courts 4/30/03 Police Misconduct Litigation 6.0 Seminar 5/2/03 Section 1983 Civil Rights 12.50 Litigation Seminar 5/9/03 26tn Annual Local Government 11.0 1.0 Seminar 8/6103 Florida Police Liability 6.5 10/23/03 Probate/Guardianship 1.0 11/1/03 8tn Annual International Moot 2.5 Court 11/20/03 Risk Management 1.0 11/25/03 New Directions in Federal Civil 4.5 Practice 12/4/03 Ethical Considerations in Public 1.0 Sector Law 3/7/04 AMT A Intercollegiate 3.5 4/22/04 Law & Order 1.0 1.0 5/6/04 2004 City/County Cert Rev 8.0 1.5 5/7/04 27'n Local Government Law 10.5 1.0 6/11/04 Practicing Before Supreme Court 10.0 1.0 6 '",--_....,..,'~._. _._"".__m_"_ ..---- 6/22/04 CM/ECF Attorney Training 3.5 10/7/04 Legal Uodate Seminar 13.0 2.0 3/12/05 Mock Trial Competition 25.0 4/6/05 Section 1983 Litigation 3.5 4/7/05 Section 1983: Civil Rights 11.5 5/27/05 Winning Trial Strategies 6.0 6/22/05 F ACA 2005 Conference 3.0 1.0 7/21/05 24th Annual Seminar FMAA 14.0 2.0 10/1/05 Preeminent Trial Lawyer 31.5 1.0 10/21/05 Legal Uodate Seminar 11.0 2.0 10/26/05 05 Int'l Env'l Moot Court 3.0 10/27/05 Pretrial Practice 1.0 10/28/05 Presentation Skills 8.0 2/23/06 Good Cop Bad CoP 7.5 3/11/06 American Mock Trial 25.0 Competition 4/2/07 Police Medico-Legal 43.0 Investigation of Death 7 --. --......- -~_.- Significant Civil Cases Tried! (Client Underlined) Larry Hall v. Pinellas COW1tv Sheriff, 6th Judicial Circuit for Florida (2007), case no. 05- 3990-CI-13. 2d Chair. 3 days. Excessive force claim. Jury verdict for Defendant. Shaun Stevens v. Pinellas COW1tv Sheriff, 6th Judicial Circuit for Florida (2006), case no. Case No. 02-8900-CI-08. 1st Chair. 2 days. Excessive force claim. Directed verdict for Defendant. City of Pine lias Park, et al. v. Pinellas COW1tV. Pinellas COW1tV Supervisor of Elections and Pine lias Countv Charter Review Commission, 6th Judicial Circuit for Florida (2006), case no. 06-5975-CI-ll. 1st Chair. 3 days. Permanent injunctive action by 21 cities seeking to remove charter initiatives from the November ballot, or to suppress vote counts upon such initiatives. All injW1ctive relief denied. Elliott Campbell v. Pinellas COW1tV Sheriff, 6th Judicial Circuit for Florida (2006), case no.02-7256-CI-19. 2d Chair. 3 days. Excessive force claim through inappropriate use of pro-straint chair. Jury verdict for Defendant. Todd Darland v. Pinellas COW1tv Sheriff, 6th Judicial Circuit for Florida (2006), case no. 02-912-CI-8. 2d Chair. 3 days. False arrest, excessive force claim. Jury verdict for Defendant. Est. of John Patterson v. Pinellas COW1tV, Pinellas COW1tV Sheriff and Deputv Mark Ondrev, 6th Judicial Circuit for Florida, (2006), case no. 01-3636-CI-13. 1st Chair. 4 weeks. Federal Civil Rights & Wrongful death claim arising from jail suicide. Jury verdict for all defendants. No liability on negligence claims against Pinellas COW1ty and Pinellas County Sheriff. Jury verdict for Defendant Ondrey on civil rights claims and on willful and wanton negligence claims. 1 Intentionally omitted are all Federal and State criminal defense trials and appeals, all civil appellate experience and other matters such as miscellaneous administrative (such as worker's compensation cases) and domestic proceedings. 8 ..---- ---.-.._- .--.. . ~--, George M. Miller v. Everett S. Rice. as Sheriff of Pine lias Countv. in his official capacity; and Deputv Charles Street. Individuallv, U.S. District Court, Middle District of Florida, Tampa Division, (2004), case no. 8:02-CV-l 080. T-24MSS. ] st Chair. 4 days. Directed verdict for Defendant Rice. Jury verdict for Defendant Street. 4th Amendment excessive force case under 42 U.S.C. 91983 brought by escaped convict for severe gunshot wounds during pursuit and carjacking. Camposeco v Pinellas County, 6th Judicial Circuit for Florida, (2003) case no. 97-505- CI-7. 2d Chair. 5 days. Common law negligence claim for trip and fall upon public sidewalk resulting in knee replacement, aggravation of substantial prior cervical injuries. Jury verdict for Defendant. A]exis v Pinellas County Sheriff, U.S. Districe Court for Middle District of Florida (2002), case no. 98-672-Civ-T-26e. ]st Chair. 7 days. 42 U.S.C. Section ]983 claim asserting 1 st Amendment violations arising from practices of Sheriff to conduct full custodial arrests of dancers engaging in conduct proscribed by local ordinance. Jury verdict for Defendant, affirmed on appeal. Medisys v Phillips. et al., U.S. District Court for Central Division of Utah, Salt Lake City, UT (200]), case no. 2:00 CV 00677 ST. ]st Chair. 2 days. Action to set aside ex parte Temporary Restraining Order obtained per ]Ob(5) SEC claim, and defending request for preliminary injunction, restraining sale of Regulation] 44 stock. TRO ordered dissolved and preliminary injunction denied. Medisys v Interstate and Anderson et aI., Utah State District Court, Salt Lake City, UT (2001), case no. 000904474. ]st Chair. ] day. Action to set aside ex parte injunction restraining sale of Regulation ]44 stock. Judgment for Anderson, et al finding wrongful injunction with award of costs and actual attorney fees. Anderson et al. v Kiesel, et al., U.S. Midd]e District Court, Tampa, FL (200]), case no. 8:00-CV-905-T-24F. ]st Chair. ] day. Derivative shareholder action for excessive compensation and corporate bonuses, dismissed without prejudice pending resolution of collateral litigation. Bramco v Integrated Control Systems, Federal Arbitration, Louisville, KY (1998). 2d Chair. ] day. $340,000 consulting contract guarantee dispute. Judgment for Defendant. 9 ~,.._~., .. Postiljon v IMPAC Espana, International Arbitration, Amsterdam, Netherlands (1997- 1998). 2d Chair. 2 weeks. $800,000 consulting contract guarantee dispute. Judgment for Defendant. Cavalier Carpets v IMPAC Australia Ptv, International Arbitration, Auckland, New Zealand (1997). 2d Chair. 3 weeks. $705,000 consulting contract guarantee dispute. Judgment for Plaintiff. Pavan v IMP AC (Ireland). Ltd., International Arbitration, Milan, Italy (1997). 2d Chair. 2 weeks. $204,000 consulting contract guarantee dispute. Judgment for Plaintiff. Lee County v Easy Way, Inc., 20th Judicial Circuit. 1st Chair. 3 days. Non-jury. Action to abate public nuisance. Injunction order entered against owner. Ft. Myers Airway v Lee County Port Authoritv. 20th Judicial Circuit. 15t Chair. 1 day. Non-jury. Action to enjoin purchase of business. Injunction denied. Adams v Lee County. U.S. Middle District of Florida. 2d Chair. 2 weeks. Non-jury. $6M FSLA claim for overtime wages. Partial judgment for Plaintiffs for $2M against demand of $6M. Lee County v Black, 20th Judicial Circuit, 92-3060 CA. 2d Chair. 2 days. Jury. Eminent Domain. Case tried to verdict of$18K against demand of$68.5K. Susanno v Lee County. U.S. Middle District of Florida, 93-188 Civ FtM 25D. 15t Chair. 3 days. Jury. $500,000 Public Employment/Civil Rights claim. Judgment for Lee County at close of Plaintiffs proofs, affirmed on appeal. Francisco v Lee County. U.S. Middle District of Florida, 91-114 Civ FtM 25D. & 91~327 FtM 25D, 1st Chair. 3 days. Jury. $28M Civil Rights/Inverse Condemnation/Land Use/Commercial Loss. Judgment for Lee County at close of Plaintiffs proofs. Lee County awarded $592K attorney fees. Judgment of no liability affirmed on appeal, order refusing to disqualifY Plaintiff s counsel vacated. Francisco v Lee County. U.S. Middle District of Florida, 91-327 FtM 25D., 15t Chair. 3 days. Non-jury. $9M Inverse Condemnation claim asserting a private waterline taking. Judgment for Lee County. Affirmed on appeal. 10 ~ - -.-..---...'.--- -_.~---- Lee County v Digital Equipment Corp., 20th Judicial Circuit, 93-81 CA. 2d Chair. I day. Non-jury. Declaratory Judgment Action, Public Records Law access dispute. Judgment for Lee County. Lee County v Ryan, 20th Judicial Circuit, 92-5656 CA. 2d Chair. 2 days. Jury. Eminent Domain. Tried to verdict. Nease Construction v Lee County, 20th Judicial Circuit, 92-6543 CA. 1st Chair. 2 days. Non-jury. Declaratory Judgment Action, Construction Contract dispute. Judgment for Plaintiff extending time to remove houses from right of way. Adams v Weld, Kent County Court, Kentwood, Michigan (1992). 1st Chair. 1 day. Non- jury. Concealment oflatent building drainage defect in home sale. Judgment for Defendant. Rinkus v Kempf, Ottawa County Circuit Court, Michigan, 84-42573-NM. 1 st Chair. 4 weeks. Jury. Medical malpractice, birth trauma, neurological injury. Judgment for Defendant. Goller v Hanlon, Kent County Court, Kentwood, Michigan. (1985) 1 st Chair. 1 day. Non-jury. Breach of contract claim, collection of plumbing contractor fees. Judgment for Plaintiff. Markham v Ohler, Kent County Circuit Court, Michigan, 85-48057-NI. Jury. 1 week. Auto negligence, orthopedic personal injury. 1 st Chair. Judgment for Plaintiff. McBride v West Michigan Construction, Kent County Circuit Court, Michigan, 85-48894 CK. 1 st Chair. 2 weeks. Jury. Construction negligence during roofing, property water damage. Judgment for Defendant. Hickey v MSU, Court of Claims, Ingham County, Michigan, 83-8859-CM. 1st Chair. 4 weeks. Non-jury. Defective construction/design, wrongful death, jail suicide. Judgment for Plaintiff, reversed by Michigan Supreme Court and Judgment entered for Defendant. II -..., - ---,.- .._--~-- ...-...~" .------- Hickey v Zezulka, Ingham County Circuit Court, Michigan, 83-35117-NO. I st Chair. 4 weeks. Jury. Wrongful death, jail suicide, police negligence. Judgment for Plaintiff for $IM, reversed by Michigan Supreme Court, judgment for Plaintiff for $100K on retrial by successor counsel. Mshar v Oole, Kent County Circuit Court, Michigan, 81-32506-NO. 1 st Chair. 4 weeks. Jury. Improper heating system repairs, wrongful death and neurologic injuries. Judgment for Defendant. Anderson v T.A. Forsberg, Ingham County Circuit Court, Michigan, 82-30625-NI. 1st Chair. 1 week. Jury. Construction site accident, personal injury. Judgment for Defendant. Narcy v MSU, Court of Claims, Ingham County, Michigan, 83-9012. Non-jury. I week. Defective premises, racquetball court injury. 1 st Chair. Judgment for Plaintiff for $48K against demand of$200K. Carter v City of Walker, Kent County Circuit Court, Michigan, 82-37913-NI. 1st Chair. 4 weeks. Jury. Improper highway design, personal injury. Judgment for Defendant. Magnuson v Kent County Road Commission, Kent County Circuit Court, Grand Rapids, Michigan (1985). I st Chair. 3 weeks. Jury. Improper highway design and maintenance, wrongful death. Judgment for Defendant. Yenny v Grand Rapids Asphalt, Kent County Circuit Court, Grand Rapids, Michigan (1984). 1st Chair. 1 week. Jury. Defectively designed access gate, crushed hand. Judgment for Defendant. Affirmed on appeal. Secrist v Corss, Cass County Circuit Court, Cassopolis, Michigan (1984). 1 st Chair. 1 week. Jury. Negligence, tree falling, neurologic injury. Judgment for Defendant. Mitchell v Walt Plant Appliance, Kent County Circuit Court, Grand Rapids, Michigan (1984). 1st Chair. 1 week. Jury. False arrest, malicious prosecution. Judgment for Defendant. Moultrup v Little Harbor Club, Charlevoix County Court, Petosky, Michigan (1983). 1st Chair. 3 days. Jury. False arrest, malicious prosecution. Judgment for Defendant. 12 . .".-..-._^._~._. - .-...".-" Ace Rental v Moultie, Lansing 54-A District Court, Lansing, Michigan (1981). 1 st Chair. 5 days. Jury. Improperly constructed cold process roof construction. Judgment for Defendant. Vanderkolk v Soee-dee-Gas Co., Ottawa County Circuit Court, Grand Haven, Michigan (1982). 1 st Chair. 1 week. Jury. Improperly constructed natural gas line, wrongful death. Judgment for Defendant. Fritz v Schoolcraft Farms, Kalamazoo County Court, Kalamazoo, Michigan (1981). 1 st Chair. 2 days. Jury. Negligent farm spraying, crop loss. Judgment for Defendant. Michaels v Rensselear Auto Bodv, Van Buren County Circuit Court, Paw Paw, Michigan. (1981) 1st Chair. 1 day. Non-jury. Vehicular damage caused to semi-truck during repainting. Judgment for Plaintiff. Auto Owners v Remus Electric, Mecosta County Court, Big Rapids, Michigan (1981). 1 st Chair. 3 days. Jury. Fire loss due to alleged defective wiring. Judgment for Defendant. H:\USERS\Atykb46\Wpdocs\Miscellaneous Files\Pinellas Resume - The Florida Bar.DOZ.doc 13 -',-'- ...,,__ .... _.~_ d',___ - ,.,-~~-_. ___w COLLIER COUNTY, FLORlDA CANDIDATE QUESTIONNAIRE EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY Thomas E. Spencer 2717 Seville Boulevard Apt. 12304 Clearwater, FL 33764 Business phone: 727-464-3354 Mobile phone: Not available Home E-mail: spencerte@earthlink.net Work Email: tspencer@pinellascountv.org (Please note: this contact information will be used to communicate with you regarding this position unless otherwise instructed by you) CURRENT TITLE AND Managing Assistant Pinellas County Attorney ORGANIZATION NAME Pinellas County Attorney's Office REPORTS TO (TITLE) James L. Bennett, Interim Pinellas County Attorney POPULATION SERVED 1,000,000 ST AFFIBUDGET 44 fulltime staff, Budget of$5.87M. EDUCATION AND Juris Doctor, Thomas M. Cooley Law School, LICENSES Lansing, Michigan. Licensed 1ll Florida and Michigan CURRENT SALARY $140,000; Florida Government Benefits - Senior Management Classification WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 1 20060 THIS DOCUMENT IS COPYRlGHTED AND IS CONSIDERED PROPRIETARY INfORMATION THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF TIIE WATERS CONSULTING GROUP, me. WATERS-OLDANI EXECUTIVE RECRUIThfENT IS A D1VlSION OF Tim WATERS CONSULTING GROuT, me. 800.899,1669 ._--- _..-,.- --,.--..--." -'.'--- "'-.--',-". .--.- COLLIER COUNTY, FLORIDA CANDIDATE QUESTIONNAIRE EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY -~-,_.-,._~..._.- -~--_..._- .,.'.---- ---~_._---- ----.'._-- ,'.'---- Instructions: Please respond to each of the following questions by providing pertinent information. Where you are asked to provide examples please be succinct (five or six pages total) and describe your direct level of involvement in the project or initiative. PLEASE MAKE NO EFFORTS TO REFORMAT THIS DOCUMENT. The purpose of this questionnaire is to provide us with additional information about you as a candidate and to gather additional examples of your background and experience. 1. Please tell us why you are interested in this position and why you are considering movinl!? Answer: This is the first time this position has been publicly available in over ten years. Collier County is one of the very best communities in the United States, politically, economically, culturally and environmentally. The position of County Attorney offers challenges and opportunities for which I have prepared since the Lee County Attorney's Office, that is, to develop my management skills. 2. Please describe your current scope of responsibilities including staff and budget. What is the largest number of people that you have managed and the largest operating budl!et vou have manal!ed? Answer: My current direct staff consists of 4 attorneys (one position vacant), 3 paralegals and 2 secretaries. With this staff, I direct and manage all major litigation for all aspects of Pinellas County Government. Moreover, I serve as a team leader of multi-disciplinary litigation, such lawsuits involving land use, Charter, election, taxation and risk claims and disputes. Budget responsibilities delegated by the Interim County Attorney are presently limited to managing an education budget. My prior budget experience has included managing up to $2M in legal services for an international organization. 3. What role do you play with your organization's elected officials? County/City mana..-ement team? Public? Media? Answer: That varies. I directly advise, upon request, the Constitutional Officers of Pine lias County on any matter that may result in litigation, or has resulted in litigation. I respond to the public routinely, provide confidentiality permits. I extend interviews to media if requested by the client. 4. Please describe your management style. What percentage of your time do you spend on mana..-ement vs. involvement in the countv/citv;s caseload? Answer: I manage by goal setting, planning achievement, implementing such plans, and then re- evaluating and readjusting goals, plans or implementation when and where necessary. I lead by example. I surround myself with the best available talent that have proven abilities to continue to learn and improve, who can be trusted to work independently, with initiative, curiosity and creativeness. Then, I delegate and encourage success. I spend about 33-50% of my time managing, instructing and training attorneys in the substance of government and how to effectively represent government before trial and appellate courts. I spend 50% of my time demonstrating what I teach. In the past seven years, Pinellas County has not lost any circuit or federal trials under my supervision and we have tried more cases in that seven years than the county tried in the past ten WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 2 200610 TIllS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION Tms DOCUMENT OR ANY PORTIONS OF TIDS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF THE WATERS CONSULTING GROUP, INe WATERS-OLDANI EXECUTIVE RECRUlTMENT IS A DIVISION OF TIlE WATERS CONSULTIKG GROUP, INe 800.899.1669 -.~"---~-_. COLLIER COUNTY, FLORIDA CANDIDATE QUESTIONNAIRE EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY years. 5. Please describe the nature/type of cases you have been involved with recently? Answer: I am currently supervising all personal injury and civil rights claims litigation against all Pinellas County Constitutional Officers, except the Pinellas County Sheriff (that office commenced in-house representation on 1/1/08). I also directly handle, or act as the team leader, Pine lias County's complex governmental litigation, such as a $3.5 foreclosure and damage claim on a defaulted Affordable Housing Project financed by Pinellas County. Other complex cases involved current litigation over a zoning enforcement, noise abatement and land use injunction proceeding involving residential and industrial zoned properties. Another example involves an inverse condemnation lawsuit by an abandoned landfill in which the permits for continued operation were denied due to various factors, including public nuisance and non-compliance local and state landfill and environmental regulations. And, as a final example, I am now team leading the defense of a taxpayer's federal lawsuit to invalidate the Florida Homestead Tax Exemption and a state-wide class action lawsuit against the Clerk of the Court seeking recovery of invalidated file re-opening fees. 6. What kind of feedback have you received from people with whom you work on a daily basis with regard to your strengths? Answer: Best trial lawyer they have ever worked with and possessing the ability to teach other lawyers the advocacy principles such that they can develop the same abilities. Effective team builder and manager. 7. What kind of feedback have you received from people with whom you work on a daily basis with regard to your weaknesses? Answer: Could be more succinct. 8. How would others characterize your communication style? Answer: Open and collaborate, unless immediate action is imperative. For example, I am receptive to input and criticism from all levels of staff, without recourse and in confidence when needed. However, when a decision has to be made without the luxury of extensive consultation, I am direct and clear, and I accept responsibility for all decisions made. 9. What experience do you have in developing and reviewing or revising ordinances/zoning codes and policies relating to development? How familiar are you with TIF SIDS LIDS as they relate to zoning and code? Have you written any legislation with regard to ordinance/code? Answer: I regularly work with ordinances and zoning codes, and the attorneys assigned these tasks. I haven't written an ordinance in more than twenty years, but instead, litigate the constitutionality and application of such. I am currently foreclosing on a Pinellas County Community Housing redevelopment project. The use of Tax Increment Financing was an option exercised at Lee County when I was employed by the Lee County Attorney's Office. Pinellas County achieves financing of infrastructural improvements and redevelopment through direct taxation approved by special referendum. I am unaware of any county on the West Coast of Florida that employs Suburban Improvement Districts since blight intensity has not been the level of problem encounter by places such as Kansas City or Detroit. Further, Local Improvement Districts are organized differently in Florida, such as through CRA's (Community Redevelopment Agencies). My direct involvement with the day-to-day operations has been very limited, usually when litigation arises over their operations. WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 3 20060 TIllS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. TIDS DOC"UivlENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF 1RE WATERS CONSULTING GROLl', INe W ATERS-OLDAc'lI EXECUTIVE RECRUITMENT IS A DIVISION OF THE WATERS CO:-.tSUL TING GROUP, me 800.899.1669 - --.-_.- --.--- --._--- COLLIER COUNTY, FLORIDA CANDIDATE QUESTIONNAIRE EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY 10. What exnerience do vou have in workinl! with Code Enforcement and Comnliance? Answer: I am currently litigating a zoning, noise ordinance injunctive action as mentioned in paragraph 5. I have litigated mangrove ordinance litigation, noise ordinance litigation and environmental litigation, the core of which relates to the enforcement actions of Code Enforcement and Compliance. 11. Please describe your experience in handling highly visible cases and the nature of the case. Did vou utilize outside counsel? Answer: I supervise outside counsel in litigation. I have successfully defended in state and federal court numerous high-profile, politically charged lawsuits. The following is a sample of such actual trials (client is underlined): City of Pine lIas Park, et al. v. Pinellas Countv. Pinellas County Supervisor of Elections and Pinellas Countv Charter Review Commission, 6th Judicial Circuit for Florida (2006), case no. 06-5975-CI- 11. I st Chair. 3 days. Permanent injunctive action by 21 cities seeking to remove charter initiatives from the November ballot, or to suppress vote counts upon such initiatives. All injunctive relief denied. Est. of John Patterson v. Pinellas Countv. Pinellas Countv Sheriff and Deputv Mark Ondrev, 6th Judicial Circuit for Florida, (2006), case no. 01-3636-CI-13. 1st Chair. 4 weeks. Federal Civil Rights & Wrongful death claim arising from jail suicide. Jury verdict for all defendants. No liability on negligence claims against Pinellas County and Pinellas County Sheriff. Jury verdict for Defendant Ondrey on civil rights claims and on willful and wanton negligence claims. George M. Miller v. Everett S. Rice. as Sheriff of Pine lIas Countv. in his official capacitv: and Deputv Charles Street. Individuallv, U.S. District Court, Middle District of Florida, Tampa Division, (2004), case no. 8:02-CV-I080-T-24MSS. 1st Chair. 4 days. Directed verdict for Defendant Rice. Jury verdict for Defendant Street. 4th Amendment excessive force case under 42 U.S.C. 91983 brought by escaped convict for severe gunshot wounds during pursuit and carjacking. Alexis v Pinellas County Sheriff, U.S. Districe Court for Middle District of Florida (2002), case no. 98-672-Civ- T-26e. 1st Chair. 7 days. 42 U.S.C. Section 1983 claim asserting 1 st Amendment violations arising from practices of Sheriff to conduct full custodial arrests of dancers engaging in conduct proscribed by local ordinance. Jury verdict for Defendant, affirmed on appeal. Adams v Lee County, U.S. Middle District of Florida. 2d Chair. 2 weeks. Non-jury. $6M FSLA claim for overtime wages. Partial judgment for Plaintiffs for $2M against demand of $6M. Francisco y Lee County, U.S. Middle District of Florida, 91-114 Ciy FtM 25D. & 91-327 FtM 25D, 1st Chair. 3 days. Jury. $28M Ciyil Rights/Inverse Condemnation/Land Use/Commercial Loss. Judgment for Lee County at close of Plaintiffs proofs. Lee County awarded $592K attorney fees. Judgment of no liability affirmed on appeal, order refusing to disqualify Plaintiffs counsel vacated. WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 4 20060 THIS DOCUMENT is COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION THIS DOCUMENT OR A\JY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF TIJE W AYERS CONSULTING GROUP, INe WATERS-OLDANI EXECUTIVE RECRUITMENT IS A DIVISION OF THE WATERS CONSULTrKG GROUP, INC 800.899.1669 - ._______0.___.._____._________ -----" --.---.-- ---.-.- COLLIER COUNTY, FLORIDA CANDIDATE QUESTIONNAIRE EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY Francisco v Lee Countv, U.S. Middle District of Florida, 91-327 FtM 2SD., 1st Chair. 3 days. Non- jury. $9M Inverse Condemnation claim asserting a private waterline taking. Judgment for Lee County. Affirmed on appeal. Lee Countv v Digital Equipment Corp., 20th Judicial Circuit, 93-81 CA. 2d Chair. I day. Non-jury. Declaratory Judgment Action, Public Records Law access dispute. Judgment for Lee County. Furthermore. I have resolve other highlv visible cases with necessity of trial. including a multi-home owner lawsuit over failed building inspections resulting in gross building contractor work and maior home owner losses. 12. What type of on-going reporting do you provide to your superiors? What type of electronic case manal!:ement svstem does vour orl!:anization currentlv use? Answer: We have a centralized Case Management System that needs substantial improvement. I have developed two working alternatives. The first is a claims/case report record that permits a client to evaluate the status of pending litigation. It also serves as a tool to manage outside counsel and as a communication device to assemble a trial team efficiently when a case must go to trial. The second is a spreadsheet that identifies case loading, case assignment and case weighting as a function of complexity and likelihood of trial. I have designed these documents to assure management continuity should the necessity arise and to transfer management control in my absence. 13. Have you ever developed or conducted a cost allocation formula evaluation? Workload estimates analysis? What were the resuIts of these studies? Answer: Please see the answer to paragraph 12. The Client and the County Attorney, who is not a litigation or trial lawyer, can now understand any given case, how it will be handled, which trial team is staffing it and the risks associated with that case. My spreadsheet analysis demonstrates whether available staff has reserve capacity or is working in excess of reserves. 14. What experience do you have with recruitment, professional development and training program implementation? Answer: I operated my own law office for eight years. I have recruited and supervised tax, transactional and litigation lawyers world-wide. I was hired by the Pinellas County Attorney's Office to resolve a number of major cases, and to develop and train selected attorneys as trial lawyers after a record of disappointing returns at trial. The attorneys I have personally recruited have achieved an outstanding record since then. They are now capable of effectively evaluating, preparing and trying virtually any kind of governmental problem with only maintenance supervision and mentoring by me. 15. Are you currently, or have you ever been a member of the Florida Bar? If not currently a member of the Florida Bar, are you able to sit for the bar upon your appointment to this position? Answer: Florida Bar admitted. 16. Please describe any additional areas of expertise or experiences/project involvement you have/have had that are relevant to the position for which you are applyinl!:. Answer: I routinely counseled County Commissioners, publicly and privately, at Lee County, WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 5 2006QTHlS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION TIlTS DOCIJMENT OR ANY PORTIONS OF TIDS DOCUMENT IS NOT TO BE REPRODUCED FOR A..'1Y REASON WITHOUT THE WRJTTEN CONSENT OF THE WATERS CONSULTING GROUP, INe WATERS-OLDANI EXECUTIVE RECRillTMENT IS A DIVISION OF THE WATERS CONSULTING GROUP, mc 800.899.1669 . -~---- -_._--~ - --- - COLLIER COUNTY, FLORlDA CANDIDATE QUESTIONNAIRE EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY Florida. I counsel Pinellas County Constitutional Officers when requested and as needed. I have been actively involved with instigating and assisting the Pinellas County IT departments' ability to publicly and legally account for its electronic data, especially in view of recent federal court mandates. 17. What is/are the names of the local newspapers in the communities in which you have served and what will a file search describe regarding your service? What controversies mil!ht be disclosed? What vraiseworthv comments will we fwd rel!ardinl! vour service? Answer: Naples Daily News (highly visible litigation), Ft. Myers Newspress (highly visible litigation), St. Petersburg Times (highly visible litigation). In my experience, most newspapers attempt to accurately report the controversy in highly visible litigation and rarely engage in praise, unless taking one side. In that case, you are likely to get praised or critiqued accordingly. A good governmental lawyer had better focus on the best interests of the public and the client. For example, after I won the Francisco v. Lee County case in 1994, a case reputed as the highest political profile case in the history of Lee County, Florida, the news report were complementary. When I won an attorney fee award of $592,000 --- a feat not equaled by other governmental attorneys nationwide --- I was roundly criticized because I failed to secure an award of $1.2M that I sought. The $592,000 award covered all of our file costs, outside co-counsel costs and my trial team's salaries for the preceding 2.5 years. The case was controversial. The federal court found that my adversary inappropriately tried this case through the newspapers and authorized his magistrate judge to award up to one-half of the $592,000 aQ;ainst the Plaintiff attorneys. 18. How did vou hear about the nosition? Answer: I know many of the former Collier County Assistant Attorneys and other local governmental attorneys in Collier and Lee County. They told me. 19. Are you currently interviewing with an employer and/or a finalist in any other recruitment nrocess? Answer: No. This is the only position I am presently considering. 20. Have you previously been a candidate in a Waters, Oldani Group or Waters-Oldani recruitment vrocess? If so, which vrocess (s) ? Answer: No. Please note that all candidates' names will be released to the public and that the selection ofthe semifinalists and finalists will be during a Board of Commissioners Meeting in keeping with the Florida Sunshine Law. WATERS-OLDANI EXECUTIVE RECRUITMENT PAGE 6 20060 TillS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION nus DOCUMENT OR ANY PORTIONS OF TIDS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WI1110UT THE WRITTEN CONSENT OF THE WATERS CONSULTING GROUP, INe WATERS-OLDANI EXECUTIVE RECRUITMENT IS A DIVlSlON OF THE WATERS CONSlJLTING GROUP, INe 800.899.1669 .---_._-~. - .-.--..--... ---.. ._._. .~.__~_.__,..Mm_'_ ...,.------------ DOUGLAS BLECKI 921 Bunker View Drive Apollo Beach, Florida 33572 ( (305)-495-4618 blecki@tampabay.rrcom Experience: May 2004 - Present Dennis Hernandez & Associates, P.A. ,Tampa, Florida Senior Attorney - Handling litigation and workouts of complex commercial and other matters. Handling client development and a variety of administrative matters. Demonstrating a superior track record of client origination, client retention and client satisfaction. October 1999 - April 2004 Attorney - Handling litigation and workouts of complex and other matters, including commercial, contract, real estate, construction, tax, securities, insurance, employment an bankruptcy issues. July 1993 - September 1999 Ruden. McCloskv. Smith. Schuster & Russell. P.A., Miami, Florida Attorney - Specialized in litigation and workouts of commercial, fraud, real estate, insurance, tax, appellate, anti-trust, and various banking matters for major fmancial and other corporate clients. Also handled litigation of creditors adversary bankruptcy matters and personal injury cases. December 1991 - June 1993 Holland & Knight, Fort Lauderdale, Florida Attorney - Responsible for litigation of commercial and bankruptcy matters. Also handled transfers of commercial enterprises and real estate. Supervised attorney and paralegal staff of seven. May 1989 - December 1990 The Coastal Comoration, Miami, Florida Law Clerk - Research and writing in support of major antitrust litigation. Also involved in commercial, bankruptcy, admiralty and environmental matters. , ( Jay 1981- March 1989 Eastern Airlines. Inc., Miami, Florida Manager - Financial Planning and Analysis - Heading profit, capital and business planning functions for telecommunications and data processing departments with annual budget of over one hundred and seventy million dollars. Developed business plan for international telecommunications operation. Supervised staff of eight financial analysts. Purchasing Specialist - Contract negotiation and administration for major data processing and telecommunications equipment and services acquisitions. Education: December 1990 J.D. cum laude: University of Miami School of law, Miami, Florida Managing Editor - Business Law Journal President Business Law Society - Member Phi Delta Phi and Real Property law Society August 1986 M.B.A. - Business Administration: Nova Southeastern University, Ft. Lauderdale, Florida, with a 3.7114.00 G.P.A.. February 1977 B.B.A. - Business Administration: The George Washington University, Washington, DC Publications: Comment: "Should the Treble Damages Provision of RICO be Revisited By Congress?," Business Law Journal, Spring 1990, page 49. Personal: Director and Member of Finance Committee: United Home Care Services, Inc. 2000-2003. Member: The United Way Family Support Services Funds Allocation Committee 1993-1997. Secretary and Director: Davie/Cooper City Chamber of Commerce 1995-1999. Served on the Military Affairs Committee of the Florida Bar 2004-2006. Member: The Florida Bar, U.S. District Courts for the Southern and Middle Districts of ( Florida and the United States II <h Circuit Court of Appeals. , -- ~_.- "._,-----~ [ GERRY L. CLARK 1371 North Crossing Drive, N.E., Atlanta, Georgia 30329 404.329.9577 (First Tier Law School Graduate - Admitted and Experienced in Florida & Georgia) Experience County Attorney, Large Metropolitan Atlanta County (2007 - Present) . Provide legal counsel to County Commissioners, County Manager and Department Heads . Responsible for provision ofIegal services to every Department, Authority, Program and Constitutional Officer of a large urban County Government . Supervise 23 in-house attorneys, 17 support staff, and multiple outside law firms . Responsible for total budget approaching $5,000,000 annually . Broad-spectrum Generalist in all County government issues with strong emphasis in environmental and land use law Private Practice, Atlanta, Georgia (1999 -- 2007) . Real property closings & transactions ( . General Civil Practice Acting County Attorney, Deputy County Attorney Fulton County Atlanta, Georgia (1995 -- 1999) . Negotiate, Draft and Review technology-related contracts and license agreements for: major enterprise server for $1 billion organization, major $20+ million software systems acquisitions, telecommunications tower leases and co-locations, PC & LAN leasing, outsourcing of technology services . Involved in procurement of all technology needs for large organization . Responsible for all land use and environmental law activities of the Office . Real estate, eminent domain, complex litigation and personnel hearings . Supervision of outside counsel & management of inside attorneys . Worked with little to no supervision . Advise County Commissioners, County Manager and Department Heads Assistant County Attorney Osceola County Metro Orlando, Florida (1992 - 1995) . In-house generalist handling all legal problems of organization i . Complex trial, administrative and appellate litigation - .--._~ ~--- . Ensure organization's compliance with federal and state laws and regulations I . Negotiate, Draft and Review all general contracts and agreements, including construction, real estate and developer's agreements Assistant County Attorney Lake County Metro Orlando, Florida (1989 - 1992) . Commercial leasing and $100+ million construction projects & contracting . Complex contracting, transactional, and procurement matters . Complex trial, administrative and appellate litigation . In-house generalist handling all legal problems of organization Private Practice Orlando, Florida (1985 - 1989) . Administrative and regulatory practice . General Civil Practice and Litigation Regional Attorney Florida Department of Health & Rehabilitative Services Tallahassee & Orlando, Florida { (1980 -1985) , Regulatory & administrative law litigation and practice for largest u.s. state . agency (39,000 employees) . Negotiate, Draft and Review widely varied contracts & agreements . Personnel, procurement and finance . Trial and appellate litigation Education . Juris Doctor, University of Florida College of Law Dean's List, Moot Court competition . Undergraduate study, Emory University Bachelor of Arts with Honors, University of Florida Board of Regents Scholar, Sigma Tau Sigma honorary . Ph.D. study, Florida State University U.S. Public Health Service Fellowship I .. _.._-~ ~- Licensure I . State Bar of Georgia, The Florida Bar (Member, Local Government Law & Environmental & Land Use Law Sections) . U.S. Courts of Appeals for 5th & 11th Circuits, U.S. Tax Court, U.S. Supreme Court . U.s. District Courts: Northern District of Georgia, Middle & Northern Districts of Florida I : ..- --_.'._,- -_...,~_.. H__ Patricia R. Morton I 2185 Hawksridge Drive #1103 Residence: 239.213.0474 Naples, Florida 34105 Cell: 239.572.3722 Email: mortonsellalcomcast.net PROFESSIONAL EXPERIENCE Grant, Fridkin, Pearson, Athan & Crown, Naples, Florida 3/2006 - present Law firm: estates, trusts, real estate, litigation, tax. Currently managing a timeshare/foreclosure matter on contract. I have handled the project with minimal supervision, allowing the firm to provide a service to a client it could not otherwise have provided and to collect revenues in the $400,000 range that it would not otherwise have received. "Gap" Time Travel, business and personal activities 7/2005 - 3/2006 Allen Systems Group, Inc., Naples, Florida 12/2000-7/2005 Software development, sales, and service company ( General Counsel Responsible for property/casualty, workers compensation insurances, intellectual property, export regulations, compliance, contract issues, outside litigation. Contract Prepared or reviewed all third-party contracts including vendors, financing and credit agreements, purchasing agreements. Prepared or reviewed Requests for Proposals (both as initiator and respondent). Wrote software development agreements, software licensing agreements - with special attention to liability, damages, and indemnity requirements. Responsible for international employee agreements, domestic and international non-compete agreements, confidentiality agreements, sales commission contracts and schedules, reviewed marketing agreements, reviewed documents pertaining to the company's participation in local events and charities. As Corporate Secretary, was responsible for the maintenance of corporate minutes, resolutions, and records. Reported to the COO and attended weekly Senior Staff meetings. Insurance Responsible for property/casualty coverage and workers' compensation insurance. Gathered statistics and prepared renewal documentation for domestic and international coverage. Handled company's changing risk through communication with brokers. Initiated and managed a change in brokers, reducing cost by twenty per cent. Worked with underwriters as to unique aspects of software risk. Worked with insurance personnel in mergers and acquisitions as to acceptability of risk in potential litigation, i. employee rights issues, benefits, representation and warranty coverage, insurance tails and anticipated changes in costs of insurance due to merger/acquisition. Worked to minimize ._~-~_.~_.- . --- 2 double coverage in merger/acquisition in all respects, including intellectual property and office locations. ( Company Representative Traveled to domestic and international offices to document office facilities, employee satisfaction, meet with international counsel, regional office managers. ASG took me to Paris, St. Albans, Munich, Johannesburg, Sao Paulo, Tokyo, Shanghai, Hong Kong, Singapore, Beijing, Kuala Lumpur, Sydney, Canberra, and Melbourne. Intellectual Property Responsible for maintaining records as to status of patents, copyrights, trademarks. Prepared and filed for copyrights and trademarks and renewed same when necessary. Saved cost by doing this work in-house. Worked with development department and outside patent counsel in preparing patent claims. Managed lawsuits concerning intellectual property issues; was the liaison between outside counsel and the company as to strategy, discovery, and settlement issues. Was responsible for intellectual property due diligence in mergers/acquisitions. Protected marks with cease and desist letters and further action, if necessary. Compliance/Regulatory Made sure all offices complied with local and state licenses and certifications. Wrote the Affirmative Action Program; gathered statistics and updated the Program yearly. Wrote the Whistleblower Policy, the Purchasing Department Diversity in vendors program, the Business Ethics Policy (and had it translated into Mandarin), wrote the GBL policy and developed the compliance procedure. In the software business, there is a Federal 9508 requirement for disabled computer end users for which I developed the ( compliance procedure. It was my job to monitor the web site for compliance and intellectual property matters. I signed off monthly on financial documents as to the liability/compliance oflegal, insurance, and intellectual property. I wrote the Document Retention Program and developed implementation for the Program. Manage Outside Litigation Oversaw outside counsel in all cases, primarily intellectual property, and breach of contract cases. Helped defend an investigation of an acquired company by the Department of Justice. Attended mediation and arbitration hearings, representing the company. Found, evaluated and recommended outside counsel. Wrote and enforced litigation guidelines, status reports; reviewed all billing. The company was willing to pay for quality work; it was my job to make sure the bills were in line and to have done in- house as much as possible to keep costs in line. Human Resources Legal oversaw the Human Resource department to assure that practices complied with the law, both domestically and internationally. The company handled employee disputes and lawsuits in-house, as much as possible and worked with panel counsel when necessary. As ASG is an international company, there was substantial experience with international employment matters, especially in France and Germany. As mergers/acquisitions took place, there was substantial integration work required. Mergers and Acquisitions Traveled with the due diligence team to evaluate risk, insurance, intellectual property, employee matters, legal matters. Heavily involved in integration in the human resources, insurance, legal and litigation, intellectual property areas. As the Company began dealing with U.S. Government contracts due to an acquisition, I set up a wholly- -- -.-'_.. 3 owned subsidiary to handle government contracts. Worked within the company to establish the correct financial record keeping between the parent and subsidiary company. , , Was available to all departments of the company for opinions, research, and any required legal services. Semi "Gap" Time Provided care, and then represented estate for family member: went Of Counsel with McKenna to facilitate same; employed with City of Chicago Housing Authority for June - July 2000; developed interest in corporate law mid-2000. McKenna Storer Rowe White & Farro!!:. ChicagolWheatonlWaukegan,IL 1979-2000 Law firm specializing in commercial and tort defense Equity Partner (1988-2000); Partner (1986-1988); Associate (1979-1986) Responsible for Finn governance and member of Long Range Planning Committee. Hired. trained, and mentored associates. Active in client development and firm building. Certified as Court-appointed arbitrator. Certified as Court-appointed mediator. Experienced with AAA arbitration and mediation. . Responsible for cases in both state and federal court. Analyzed cases, drafted pleadings. and discovery: responsible for pre trial and post trial motions. Prepared experts, witnesses, parties, for depositions and trial testimony; took and defended depositions of experts, witnesses and parties. Participated in video depositions and ( video conferencing settlement discussions. . First- chaired trials in state and federal court. Tried cases involving negligence, products liability, medical malpractice, Illinois Structural Work Act, Fair Credit Reporting Act. George N. Gordon Associates, Chicago, Illinois Technology, business, litigation 1978-1979 General discovery, research, writing assignments; studied for the Illinois Bar. PROFESSIONAL LICENSES Admitted to the Illinois State Bar. Admitted to the Florida State Bar. Admitted to the United States District Court, Northern and Central Districts of Illinois. Admitted to the US Court of Appeals for the Seventh Circuit. EDUCATION J.D., University of Illinois, Champaign, IL M.S., Communications, University of Illinois, Champaign, IL I B.S., Journalism (Bronze Tablet, top 3 percent), University ofIL, Champaign, IL --,-'-""-'.'. -_._-- WILLIAM H. NEHRKORN II I 4315 Metro Parkway, Suite 250 Fort Myers, Florida 33916 239-337-1101 PROFESSIONAL EXPERIENCE: Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer P.A. Fort Myers, Florida Senior Associate 2001 - Present Litigated cases involving automobile liability, bad faith, commercial litigation, community association, construction defects, defamation, insurance coverage disputes, plaintiff s personal injury, premises liability, products liability, professional liability (dental, medical, realtor and title examiner) and toxic torts. Brought former clients of over 14 years to the firm. Generated new clients and business for the firm. ( Speaker at firm Claims Management Seminars. Author of articles and outlines for the firm's Claims Management Seminars. Walther Law Offices, S.c. Milwaukee, Wisconsin Associate 1993 - 2001 Handled cases involving auto liability, commercial litigation, copyright! trademark infringement, defamation, employment discrimination, environmental superfund representation of clients before the United States E. P. A. Regions l1I and V, medical malpractice, motor carrier law, products liability and toxic torts. Represented client interests in administrative law, corporate law, health care law, mergers and acquisitions, real estate, trusts and estates and workers compensation. I. .- ~.~-- ,. ,...-- Generated 100% of all my billable hours and revenue from ( clients that I brought to the fIrm from 1995-2001. The Heil Co. Brookfield, Wisconsin Staff Attorney 1993 Law Clerk 1991 - 1993 Prosecuted and defended cases involving commercial litigation, copyright/trademark infringement, defamation, employment discrimination, environmental superfund representation before the United States E. P.A. Regions ill and V, motor carrier law, products liability and toxic torts. Provided legal counseling in administrative law, insurance, mergers and acquisitions, pension plans and real estate. Reported directly to corporate officers and directors on corporate legal matters. \ State Public Defender's Office Milwaukee, Wisconsin Intern 1990 Second chaired cases and assisted staff attorneys with legal research, drafting of pleadings and oral argument of motions. Conducted client intake and conferences. Performed duties for staff investigators including witness statements, records searches, surveillance and trial testimony. DISTINCTIONS: Carncross v. Licalzi , Case No. 03-CA-2210 , 20tb Judicial Circuit, Fort Myers, Florida, Decided November 16, 2005. Defended a drunk driver who crossed the centerline of the roadway and struck a vehicle in which Plaintiff was a passenger. Plaintiff was thirty-six (36) weeks pregnant. i Plaintiff claimed aggravation of a pre-existing heart -..~..,-~". .--.-- "'-"'- '-'--- condition, permanent injuries to her neck and back, inability I to work and substantial past and future wage losses. Plaintiff asked for $330,000.00 in compensatory damages plus an unspecified amount of punitive damages. A gross verdict of$763.00 was rendered and then reduced by 25% to $572.25 for Plaintiff's failure to wear a seat belt. No punitive damages were awarded. The result of this litigation was published in Verdict Search. SEMINARS: "The Anatomy of the Seatbelt Defense-Please Restrain Yourself' Panel Speaker Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P. A. Claims Management Seminar, April 7, 2006 and May 12,2006 \ PUBLICATIONS: "Field Sobriety Testing of Drivers in Vehicular Crashes... Ethical or Erroneous? Author Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P. A. Claims Management Seminar Handbook 2006. ADMISSIONS: Florida United States District Court for the Middle District of Florida All State Courts ! Wisconsin ~._.,..--~ . '.-.. '. "._.~- --~'--'--- ..--- ! United States District Court for the Eastern District of Wisconsin United States District Court for the Western District of Wisconsin All State Courts United States District Court of Appeals Seventh Circuit SOCIAL AFFILIATIONS AND LICENSES: Florida Real Estate Sales Person's License 1999 Phi Alpha Delta Legal Fraternity 1991 Phi Gamma Delta Fraternity (FIJI) 1985 EDUCATION: \ Marquette University Law School Milwaukee, Wisconsin Juris Doctorate 1993 University of Wisconsin-Madison Madison, Wisconsin Bachelor of Science 1989 COMMUNITY SERVICE: Polo Club of Collier County Fund Raisers Meals On Wheels Volunteer REFERENCES: Available upon request. ^"-'-"-"_.'-~'" ------- DOLORES (LORI) F. TORRIERO 7540 Covington Springs Ct Westerville, Ohio 43082 (614) 899-9584 joelori@sbcglobal.net EDUCATION: Juris Doctor, December, 1994 Admitted, Ohio Bar, May, 1995 Admitted, Florida Bar, December, 1995 The University of Akron School of Law, Akron, OH Master of Public Administration, August, 1982 Kent State University, College of Business, Kent, OH Concentration: Personnel, Labor Relations Bachelor of Arts, May, 1979 State University of New York, College at Oswego, Oswego, NY Major: Communication Studies EXPERIENCE: ( Sept., 1998 to Present: Associate, Downes, Hurst & Fishel, Columbus, OH Provide legal counsel to public and private sector clients, including municipalities, counties and county agencies, public schools and non-profit agencies. Interpret state and federal laws relating to government entities including ADA, FMLA, FLSA, Worker's Compensation, Unemployment Compensation, etc. Litigate labor, employment, civil rights and general civil cases in state and Federal courts. Represent clients before the State Personnel Board of Review, State Employment Relations Board, National Labor Relations Board, Ohio Civil Rights Commission and Equal Employment Opportunity Commission. Negotiate labor contracts on behalf of clients. Frequent lecturer and speaker on these and other topics. Aug., 1995 to Sept., 1998: Human Resources Director, Lake County Board of Mental Retardation and Developmental Disabilities, Mentor, OH Ensured compliance with state and federal employment regulations particular to MRlDD agencies. Investigate and respond to employee harassment complaints. Member of the negotiating team using Interest Based Bargaining. Implemented aggressive Worker's Compensation cost containment procedures. Implemented new benefits package. Initiated training programs for new managers and employees. Developed and implemented merit pay program for management employees. [ -_._,0.-"'-- ~__w.__._~ ~.,-_." _... LORI F. TORRIERO Page 2 I June, 1993 to Aug., 1995: Law Clerk, Law Dept., City of Akron, OH Researched and wrote motions and briefs for State and Federal courts. Researched and wrote appellate briefs to the Ohio Court of Appeals, Sixth Circuit Court of Appeals and the Ohio Supreme Court. Verified cites and edited brief to the United States Supreme Court. Prepared position statements in response to Ohio Civil Rights Commission and Equal Employment Opportunity Commission complaints. Legal research and memoranda on various topics relating to labor and employment law and other aspects of municipal law. Jan., 1992 to Feb., 1993: Law Clerk, Child Support Enforcement Agency, Summit County, OH. Legal research. Interviewed clients and defendants. Prepared information for hearings regarding paternity and child support. Nov., 1988 to June, 1991: Director, Human Resources, City of Canton, OH Chief negotiator of labor contracts. Established an absenteeism policy. Mid- contract negotiation of health care cost containment procedures. Generalist experience including; self-insured health benefits, worker's compensation, ( unemployment compensation, EEO/M, and executive compensation. Development and implementation of performance appraisal and merit pay program for non-bargaining unit personnel. Supervised the complete revision of the management classification plan. March, 1984 to Nov., 1988: Personnel Administrator, Department of Public Utilities, Cleveland,OH Responsible for the implementation and administration of personnel policies for 1,400-employee department. Initiated an Affirmative Action Plan, including management training. Representative ofthe department in all union related matters with ten bargaining units. Revision of both department and city policy manuals. Planning and leading supervisory training for new and potential managers. May, 1983 to March, 1984: Labor Relations Assistant, Office of the Mayor, Cleveland, OH Interpretation and administration of twenty-two union contracts. Investigation and response to grievances on behalf of the Mayor. Prepared cases for arbitration. Member of the negotiating committee. Development of management training programs in labor and employee relations. References will be made available upon request. I .--.---.---."-- H. Larry Vozzo 255 Robineau Road ARCADIS U.S., Inc. I Syracuse, New York 13207 6723 Towpath Rd., Box 66 (315) 422-5445 Syracuse, New York 13214 esq6723@hotmail.com (315) 671-9133 (office) (315) 436-1172 (cell phone) Larry.Vozzo@arcadis-us.com Summary In-house counsel with extensive experience in employment law, commercial transactions, lease and contract drafting and negotiations, litigation management, business ethics and internal investigations. Designed and implemented training to management and staff in sexual harassment, discrimination, ethics, confidentiality, and risk management. Licensed to practice law in New York, Florida and Federal Courts. Accomplishments . Successfully defended audits and controversies involving, FLSA, LN.S., F.A.A., N.Y. State Human Rights Commission, and various state licensing boards . Designed and implemented finn's first written Code of Ethics and Human Resource Policy Manual . Lead on various internal investigations . Lead litigation counsel in State and Federal Courts, arbitrations and mediations involving employment law, contracts, leases and construction matters ( . Designed and implemented Sexual Harassment, Discrimination, Risk Management, Business Ethics and Confidentiality training . Managed procurement of all corporate insurance needs and kept premiums below industry averages . Managed staff of attorneys and human resources professionals . Member offmn's Quality Assurance Control Team Professional Experience ARCADIS U.s., Inc. January 2007 to Present Senior Vice President. Senior Counsel. and Assistant Secretarv to a 3,500 person Denver based engineering fmn with over 120 offices throughout the U.S. and $750 Million in annual revenues. Responsible for all employment and benefit law matters, health and safety, conflict of interest clearance, litigation portfolio, and internal investigations Blasland, Bouck & Lee, Inc. January 1990 to December 2006 Senior Vice President. General Counsel. and Secretary to a privately owned 950 person engineering consulting fmn headquartered in Syracuse, N.Y. with annual revenues of $170 Million. As chieflegal officer managed all aspects of the corporation's legal and human resources I functions. In addition to duties as General Counsel managed the Human Resources Department. , Member of the Finn's Board of Director's and Executive Committee. -,-~- ._~,_.__.." ___..n_. H. Larry Vozzo I, Onondaga County Attorney's Office January 1988 to January 1990 Senior Devutv Countv Attornev. Onondafla Countv assigned to lead the Litigation Unit and served as counsel to the Department of Drainage and Sanitation with responsibility for preparation, review, an negotiating contracts, investigations, conducting enforcement proceedings litigating employment and environmental and other matters, advising the County Executive, County Legislature and the commissioner of Drainage and Sanitation on a variety of matters including environmental, employment, construction, contract, and municipal law matters. Onondaga County District Attorney's Office August 1981 to December 1987 Senior Assistant District Attornev as a Senior Assistant District Attorney assigned to the Felony Trial Unit with responsibility for prosecuting violent felony offenders (investigations, grand jury and trial). Other duties included assignment to Appeals Unit with responsibility for drafting and arguing appellate briefs and motions. Performed administrative and community liaison duties. Emergency Medical Services Bureau, Onondaga County November 1976 to August 1981 Director of Emerflencv Medical Services Bureau. Onondafla Countv responsibilities included coordinating and developing the emergency medical services system in Onondaga County. This ( involved supervision of 3 full-time personnel and 20 part-time instructors, preparation and administration of annual budget, public and community relations, and training coordination of ambulance- and hospital-based personnel. Director, Campaign Activities for Tarky Lombardi, Jr., Candidate for New York State Senate August 1976 to November 1976 Onondaga County Traffic Safety Division September 1975 to June 1976 Proiect Director assisted in development of computerized Accident and Traffic Records Analysis System. Supervised the updating and revision of road maps for Onondaga County, and drafted grant applications. Legislative Analyst and District Representative to New York State Senator Tarky Lombardi, Jr. June 1974 to August 1975 Leflislative Analvst and District Revresentative to New York State Senator Tarkv Lombardi Jr. researched and drafted proposed legislation, analyzed legislation introduced by other legislators, responded to constituent inquiries, represented Senator and acted as liaison with various interest groups, and coordinated the Senator's daily legislative calendar. _..._~,..._-- . ~-" H. Larry Vozzo I New York State Senate September 1973 to May 1974 Intern as one of five interns selected from New York State universities, assigned to the Office of the Secretary of the Senate. Duties included research projects and reporting to the Secretary on the various legislative hearings held in Albany and elsewhere in New York State. Licenses Admitted to: . New York State Bar-June 1981 (License No. 1743103) . United State District Court, Northern District of New York - Apri11984 . United States Court of Appeals, Second Circuit - April 1986 . United States Supreme Court-January 1989 . Florida Bar - January 1993 (License No. 970409) . New York State Real Estate Broker's License (License No. 35V00832435) Education . J.D.!1980, Syracuse University College of Law . M.P.A.! Public Administration, 1979, Maxwell School of Citizenship & Public Affairs, ( Syracuse University . B.A., 1973, State University of New York at Brockport, Magna Cum Laude Professional Memberships/Community Activities . American Bar Association (I 990-Present) . New York Bar Association (1990- Present) 0 Member of the Business, Labor and Employment and Environmental Law Sections . Onondaga County Bar Association (1981-Present) 0 Member of Corporate Law Section . Florida Bar Association (I 993-Present) 0 Member of the Business Labor and Employment and Environmental Law Sections . Association of Corporate Counsel (l990-Present) 0 Former Member of the Board and President of the Western and Central New York Chapter . American Council of Engineering Companies 0 In-House Counsel Forum . Onondaga County District Attorney's Advisory Council (l988-Present) 0 Former Member of Board of Directors . Syracuse Opera Company (1992-Present) 0 Member ofthe Board of Directors . Literacy Volunteers of Syracuse (1983-1989) ! 0 Former Member of the Board of Directors -. ,-" ...~-- - --~.,- H. Larry Vozzo I Professional Memberships/Community Activities . Legal Counsel to Mayor-Elect Roy Bernardi Transition Team (1993) . Onondaga County Resource Recovery Agency (1998-2005) 0 Former Member of the Board of Directors . Mock Trial Attorney Advisor - Bishop Ludden High School (2004-Present) . Onondaga County Delegate to the 5th Judicial District Nominating Convention (l993-Present) . Onondaga County Emergency Medical Services Advisory Board (June 1989 to June 1992) l ( "--'-"."__'0 ' ~",_,"--'-'. .__.~ I DOUGLAS s. WEINER, J.D. 855 Whisperwood Lane Aurora, Ohio 44202 330.338.1803 dcstrategic@aol.com Integrity. Leadership' Vision into Action' Nationwide Operations' Law Strategic Development . Government Relations . Public-Private Partnerships Media/Community Relations . Entrepreneurship . Communications . P/L PROFESSIONAL OVERVIEW . CEO of national project development firm that envisions, builds and leads implementation of award-winning initiatives for the U.S. Department of Justice, state and local governments, corporations, nonprofits and universities . Director of nationwide (l6-city) strategic planning and operations for the $16 million U.S. Department of Justice Fugitive Safe Surrender Program . Chief of one of the nation's largest prosecuting attorney's offices; supervised more than 300 attorneys and staff; managed budgets over $20 million . Attorney in good standing in Ohio since 1987 . Inventor: possessor of four U.S. design and utility patents . On-air television legal analyst for CBS and CNN; radio program host LEADERSHIP AND PARTNERSHIP ( . Member, Clear Channel Communications Advisory Board . Steering Committee, Cleveland Browns Amer-I-Can/C.M.S.D. Anti-Gang Project . Trustee, Cleveland Jewish News Board of Trustees . Advisor, MWV (Minorities with Vision) Pinnacle Capital Fund . Governing Board, Cuyahoga County Community-Based Correctional Facility . Executive Committees, U.S. Attorney's Office Project Safe Neighborhoods Community Anti-Gang Initiative; U.S. Marshals Service's Gang Reduction, Education & Training Program; U.S. Attorney's Office Project Safe Neighborhoods Anti-Gun Violence Initiative (N. District of Ohio) . Advisor, U.S. District Court's Project Penalty Awareness (N. District of Ohio) RECENT AWARDS . U.S. Attorney General's Award for Outstanding Contributions to Community Partnerships for Public Safety (2006) . U.S. Marshals Service Citizen of the Year Award (2005) . U.S. Marshals Service Leadership Beyond Standard Award (2004) . U.S. Department of Justice Project Safe Neighborhoods National Awards: Best Comprehensive Strategic Plan (2003) . Ohio Attorney General's Distinguished Group Achievement Award (2003) . U.S. Department of Justice Project Safe Neighborhoods National Awards: Outstanding Task Force (Honorable Mention) (2003) ( -----. ....~.. ...----, DOUGLAS S. WINER, J.D. ( PAGE 2 CAREER HISTORY DC Strategic Partners, LLC June 2002 - Present Aurora, Ohio Chief Executive Officer Leader ofproject development firm that envisions, builds and leads award-winning initiatives for the u.s. Department of Justice, state and local governments, Fortune 1000 corporations, foundations and universities. . Directs nationwide (16-city) strategic planning and implementation for $16 million U.S. Department of Justice Fugitive Safe Surrender Program; organizes and directs all facets of nationwide operations including public/private partnership development, media relations, intergovernmental communications, IT, security and logistics, community outreach and constitutional compliance . Coordinated government relations efforts on behalf of Clear Channel Outdoor for the worldwide introduction of their Digital Outdoor Network in northeast Ohio; worked directly with CEO, division president, and government partners to successfully link Digital Outdoor Network with AMBER Alert System . Under contract to the NFL's Cleveland Browns Foundation, directs public/private partnership development, government/community relations and data collection/evaluation for the Amer-I-Can Program in northeast Ohio . Developed more than $5 million in successful foundation, federal grant and ( Congressional earmark proposals for government, nonprofit, corporate and university clients . Directed the statewide expansion of the U.S. Department of Justice's Ohio Internet Crimes Against Children Task Force; successfully broadened law enforcement partnerships from 4 to 70 counties in 12 months . Directed the district-wide development ofthe U.S. Marshals Northern Ohio Violent Fugitive Task Force; personally secured the partnership of the prosecuting attorneys of Cuyahoga, Summit, Lucas and Mahoning counties; the mayors and police chiefs of Cleveland, Akron, Toledo and Youngstown; and the Regional Vice President and Division President of Clear Channel Radio and Outdoor Cuyahoga County Prosecuting Attorney's Office March 1999 - June 2002 Cleveland, Ohio Chief of the Criminal Division Chief of one of the nation's largest prosecuting attorney's offices. Managed $20 million budget; supervised more than 300 attorneys and staff. . Directed 24-month operational turnaround: Restructured divisions, streamlined authority paths, enacted a wide range of productivity-enhancing policies, created and launched public information department, authored detailed job descriptions, instituted - and acted on - attorney and staff performance reviews, completed and implemented results of office-wide salary survey, dramatically boosted minority r hiring and secured millions of new dollars in grant funding -- ~--_.,...,..,<--, - DOUGLAS S. WEINER, J.D. I PAGE 3 . Directed external communications: maintained weekly, direct contact with Board of County Commissioners, judicial branch, The Plain Dealer Editorial Board, television and radio senior executives, legislators, urban faith-based leadership, federal and local law enforcement leaders, Cleveland Municipal School District, and Cuyahoga County Mayors & City Managers Association . Supervised all federal and foundation grant activity, including research, writing and performance evaluation; directed all facets of implementation of $2 million in grant programs from the U.S. Department of Justice . Supervised media relations, crisis communications, community outreach, Internet presence, annual report preparation, television and radio PSAs development, speechwriting, and live press conference presentation . Worked shoulder-to-shoulder with local, national and international television, radio and print journalists during victorious, four-month Sam Sheppard civil trial attended daily by more than two dozen reporters from CNN, Court TV, Europe, Asia and South America Weiner, Suit & Coury Co., L.P.A. July 1991 - February 1999 Cleveland, Ohio Attorney and Chief Operations Officer ( COO with P/L responsibility law firm with 5 northeast Ohio offices, 40 attorneys and staff, and annual revenues between $3-5 million. . Conducted extensive market analysis and directed acquisition of firm of comparable size; implemented five-year action plan that resulted in sustained net profitability increase of 70+% with only 17% increase in expenses Cuyahoga County Prosecuting Attorney's Office March 1988 - July 1991 Cleveland, Ohio Special Assignment Unit Appointed by the Prosecuting Attorney to the elite Special Assignment Unit. . Directed the grand jury investigation and successful prosecution of numerous high profile and complex fraud, embezzlement and corruption cases involving public officials, securities firms and faith-based institutions EDUCATION C.W.R.U. School of Law, Cleveland, Ohio: Juris Doctor (1987) University of Michigan, Ann Arbor, Michigan: Bachelor of Arts, Psychology (1984) University School, Hunting Valley, Ohio (1980) I ._"--,-_. ~~___."._._,,",~.__.._ _u...__. tff7 A ';:4 0 'C? 'i? To: Collier County Commissioners From: Andrea Battle Sims Senior Consultant Date: February 14,2008 Subject: Status on the County Attorney Search The interviews have been completed by the selected semifinalists. The pros and cons of these candidates follow (alphabetized). Elaine Asaad UAIG - Office of the General Counsel Fort Lauderdale, Florida Since 2005 Former Deputy Bureau Chief, Senior Assistant Attorney General State of Florida - Office of the Attorney General (Departments of Transportation and Environmental Protection) 1998 - 2005 Pros . Strong public and private sector experience. Excellent experience with complex cases in both sectors, working with sensitive and highly political cases; . Highly organized and efficient; teaches by example on how to run a case in an expert fashion; . Worked in civil, criminal areas, understands the nuances of managing the political side of matters. Cons Expertise is in the courtroom, more than in managing a law office. Although she is capable of making the transition, the demands of the organization are such that her learning curve will be during the period in which tough budget and management decisions are necessary. Maria Chiaro City of Miami, Interim City Attorney, Division Chief Since 1998 Pros . Proven legal executive and professional in local government, having served in leadership roles with the Cities of Miami, Naples, and Hollywood; -_._".~--_...__._" -.'.--- ~.._._,..". -----_.,--- Maria Chiaro Pros (continued) . Innovative and creative in seeking opportunities to increase the City's revenues as well as moving forward with the "hot initiatives", i.e. environmental issues, as well as in-depth knowledge in working with land use, zoning, code enforcement matters; . High energy and enthusiasm, comfortable with being the spokesperson if needed, but understand role as attorney for the Commissioners. Recognized locally and regionally for her leadership and legal skills. Cons . More recent work has been in more of an urban environment, but her experience in Miami coupled with her work in Naples and Hollywood are very transferable. . Left Naples without a contract extension; Hollywood in conjunction with a Mayor leaving the organization. Learned more political astuteness as a result of her experiences there, very insightful yet direct evaluation of what she has done right and how she could have managed her career better. Garv Glassman Senior Assistant City Attorney City of Tampa, Florida Since 2006 Pros . Accomplished local government attorney and manager with experience at the city and county levels. Management and case law experience with land use, growth management and zoning matters, with extensive direct department support for comparable areas - Human Resources, Land Use and Zoning, etc. . Comfortable with getting very involvement in management, at the City Attorney's office as well in general issues affecting the county and city. Heavily involved in recruitment, retention and internship issues since his work in private law offices; . Significant experience advising municipalities through budget cutting processes, working with Human Resources and Budget Departments in applying in fair and equitable manner. Addressed the business and equity issues, applying rules for identifYing persons affected in a non-political manner that will ensure that the most critical work of the public entity is completed. Cons . Management of smaller number of staff in the law offices service, however addressed larger management issues in the City and County Attorney offices as well as the greater City and County organizations; -.. ---. _.__...._.~~.'"--- ---_.~~_._.. "--------- Jeffrev Klatzkow Chief Assistant County Attorney, managing the satellite office supporting the Transportation, Code Enforcement, Impact Fee and Affordable Housing Departments, state legislative matters, all land use matters, the Growth Management Plan and Land Development Code amendments. Collier County, Florida Since 2007, serving as Managing Assistant County Attorney (2006 - 2007), Assistant County Attorney (2003 - 2006) and Legal Assistant (2002 - 2003) Pros . Experienced with Collier County Attorney office, Board of County Commissioners and Department Directors, working with the most labor intensive and high profile areas since 2003. Already addressed the rightsizing of the Horseshoe office from four (4) attorneys and four and a half (4.5) administrative staff to three (3) attorneys and two (2) administrative personnel. Recognizes some of the performance issues and understands the need to address prior to deal with the budget matters; . Private sector experience included significant management during difficult fiscal times, including advising and addressing changes in market, severe staff reductions and advise to the Board of Directors and Senior Management team; . Comfortable with the variety of boards, commissions, etc. in place in the community. Cons . Familiarity with the existing team will provide both positive and negatives, with the potential of having to manage former peers, managers, and making the tough budget and fiscal calls to address the expected budget challenges in the coming year. No concerns that he is aware of the challenge facing him; . Candidate's experience in the public sector is limited to Collier County. Michael Hunt Deputy County Attorney (Counsel to Economic Development Agency, Purchasing, Budget as well as serving as the Cable Administrator) St. John's County Joined County initially as Assistant County Attorney Pros . Extensive experience in two counties and a city in local government law with special emphasis on contract and regulatory drafting and interpretation; . Significant experience in the private and public sector in consulting/advising local governments in cable television, telecommunications and public utilities, rights- of-way use and management; Strong mentor of junior staff, serves as a highly communicative team member and advocate for staff and client organizations. . .._._~,.'_'__M_" .,^,.,,,- - -,.~- -..., -.-- Michael Hunt Pros (continued) . Familiar with handling budget challenges, fiscal emergencies in several Florida jurisdictions. Cons . Managed smaller staffs in the public sector; compensates with the private sector profit and loss experience with the consulting and telecommunications firms; . Expertise in fields not as critical for Collier County will call for heavier reliance on existing staff with the significant growth management, land use, etc. caseload. Julia Lee Supervisory Trial Attorney, Equal Employment Opportunities Commission Birmingham, Alabama Since 2006 Pros . Extensive public sector legal management experience as a Department Counsel, as part of the District of Columbia's General Counsel's office as well as for individual agencies. Significant litigation and management experience in all areas of law, with the reputation working hard and developing a team that is highly responsive and effective in meeting the needs of the organizations' served. . Change management and strong customer service orientation, working with the staff to offer direct management and training as well as coaching to provide optimal service. Comfortable with being a hands-on litigator as well as leading the efforts of the law office; . Land use, discrimination, code enforcement and zoning experience with the District of Columbia and the Bureau of Regulatory Affairs. Worked through the investigation of allegations of misdeeds, where the guilty parties were managed out of the organization, leaving the existing team intact; . Diverse experience demonstrating the ability to quickly come in and learn the critical matters associated with the organizations she has been a part. Cons . Accustomed to coming to more dysfunctional organizations and turning them around; the challenges in Collier County are not to the level she has dealt with the past. . Will have to take the Florida bar, she is comfortable with having to do this, but will have this to complete during the transition period while addressing budget and other critical matters. --_._~.,._.~_._-_..- -'-~~-;~~---'-" -------.--...--- John Turner Assistant County Attorney, Lee County Lee County, Florida Since 1991 Pros . Extensive trial and litigation in both the public and private sector. Caseload at Lee County has focused on eminent domain, contract and commercial litigation as well as land use, zoning and environmental issues; . Proven experience in mentoring and coaching others in improving their legal skills and expertise at Lee County and in private law firms; . Engaged and interested in making a long-term commitment to the next organization served. Cons . Less direct management of attorneys than others, but current role gives insight into the running of this law office. Has been mentored by excellent County Attorneys and has experience the transition with a new County Attorney joining an existing team; . Current high level of job satisfaction may dissuade this candidate from moving forward if directly competing with the current County Attorney. Uncomfortable with the idea of coming into an environment where there is the expectation for significant management change with the exception of those required by budgetary restraints. David Weigel Current Collier County Attorney Since 1995 With Office since 1985 serving as an Assistant County Attorney (1985 ~ 1988), then Chief Assistant Attorney (1988 - 1995) Pros . Proven experience in the County Attorney's office since 1985, with experience managing the office, handling cases through the extensive growth the county has experienced; . Expert in the Sunshine Law, issues of land use and environmental law as well as other local government matters; . Active in the state and regional law associations. Cons . With the vote to non-renew his contract, Candidate has not offered insight in this recruitment process as to how he would manage the office differently ifhe were to be reappointed. ._-----_._~.. "..-.<--.-. --.--- -- The semifinalists are excellent, with many abilities that would serve the County well. The following candidates are recommended to move forward as finalists: 1. Maria Chiaro, City of Miami 2. Jeff Klatskow, Collier County 3. Gary Glassman, City of Tampa 4. John Turner, Lee County In addition, I'd like to recommend that Thomas Spencer, from Pinellas County be added as an additional semifinalist. The technical problem that prevented him from sending/receiving his questionnaire does not diminish his management experience with both Pinellas and Lee County. To do this, I would have to have his interview take place immediately following this meeting and send a special note for your action in order to have him added to the finalist list. This would have to be handled remotely; if not, recommend moving forward with the named four candidates. I am enclosing a document prepared by our office regarding considerations in handling a Final Interview Process. Respecting the public nature of the proceedings in Collier County, I'd like to recommend the following: . Interviews take place on Wednesday, March 26, 2008, with 1 hour interviews scheduled for each of the finalists; . An early morning meet and greet with the candidates and the Commissioners, County Manager to allow for the initial introductions in a non-threatening manner; . A welcome and/or introductory session with the President ofthe County Commissioners and/or County Manager giving an overview of the County Attorney's office and sharing the interest in having an open and fair interview process. An overview of the County Attorney's office can be presented by the Managing Assistant County Attorney and Office Manager. I will be able to share information on the final recruitment process, and handle any logistical details in conjunction with Sue Filson. . Despite the "Sunshine Laws", ask the candidates to not sit in on each other's interviews as a professional courtesy. Because of the timing of the interviews, if it unrealistic to assume that their use of television monitors, computer access, etc. of the others interviews can be effectively managed. For those candidates that listen to each others' interviews, they'll run the risk of addressing each other's responses instead of the questions that are being asked of them by the Commissioners, and they will have to deal with the consequences of this action as a result of the evaluator process. Candidates can draw numbers, etc. to determine timing of interviews; . A core of questions will be developed for your use. In addition, specific targeted interview questions from their management assessment will be given as options for your use. . At the end ofthe 5 interviews, I typically facilitate a discussion of the pros and cons of each of the candidates for use in determining the final one or two -'-'~'.,_'- ~... '... -_..~--- candidates for further consideration. I will defer to you for a preference in the coming to a conclusion of your decision-making on the candidates. I have been scheduled for the meeting on Tuesday, February 26 at 10 a.m. Please let Ms. Filson know if you'd like me to schedule time for further discussions on these materials so that I can arrange my flights accordingly. -.-._-~ "-,---- ---_.,,----- ( Elaine Asad 2/14/08 3 p.m. COLLIER COUNTY ATTORNEY SEARCH Video Interview Questions I. Describe the elements of your experience and professional training that make you the best and most qualified individual to become (remain) the Collier County Attorney. What distinguisbes you as the best candidate? Besides education, grad of Drake U, also has 25 years experience as a litigation and trial attorney. Worked as an Assistant District Attorney in Wisconsin, also worked as a Senior Assistant Attorney General in the state. Entrepreneurial background, able to handle the job responsibility for the county attorney. 2. What special programs or resources would you suggest the County investigate to enhance departmental activities? ( Don't know the specific workings. Her experience, establishes well-defmed areas that people are responsibility for. Team leaders, in charge of sections. Important to have systems in place to track work being done, procedural or statutory requirements. Also need a good communication between staff and the county attorney. 3. What do you feel the primary role of the County Attorney should be, relative to the County Commissioners? The County Manager? Department Directors? Primary and legal authority for the county. Position is to !,'lJide/direc1!lead the BCC in their decision- making. Not tell what to do, but how to look at various issues, look at alternative courses of action. Let them know what the law is. Responsibility is to them, BCC's responsibility is to the organization expects her direction from the BCe. Provide dept directors with direction, internal workings of the county attorney's office. Want staff to report to her, any critical issues being addressed. Something comes up in a hearing, meeting, report to her. Give some autonomy to those entrusted to do the daily work, especially highly sensitive political issues. 4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100 days? Meet with the previous county attorney, staff, personnel issues, important issues that are before them. Inner workings before the county attorney's office. Meet with the BCC, their priorities, most important items on the agenda, hot topics, and problems. Own reading, newspaper articles, items before the county. Worked with some of the directors, Clerk's office, some of the judges, familiar with some of the personnel. Make a list of what she sees, major issues, begin to work on those. ( 5. Describe your ability and experience in handling sensitive political issues and problems. Use specific examples. _'_~_<~~'.___'m.~ ,--,"---- -<,. -,',--- -'-~-- Asad Interview - Video Collier County Attorney Search Page 2 of6 ( Everglades restoration project, during one of the years, Governor Bush was up for reelection. Not a high point for a campaign. Involved in taking land, the Indian tribe. Worked with the Chief of Staff of the Attorney General's office, he in turn with the Governor's office, coordinating when persons would be served. Responded carefully to newspapers reporters, questions. i.e., sued serving the Indian tribe, couldn't do so until after the election. Taking land from people, listen to the concerns of the public. Let them air their views and concerns. Had a role to play, job to do, make sure all views were heard. Allay their fears, not take the land and hand over to a private developer. 6. Describe the single most significant case that you have handled for your organization. What was the disposition of the case? At what level was it appealed? What was the net operating outcome to your organization? See above. Job changes District Attorney's office in Wisconsin - left - married moved to NYc. Went to work for Risk Enterprise Management, handled malpractice cases, ranging from few thousand to multimillion exposure. Resolution Trust org; handle the savings and loans crisis. After had children, wanted less hectic lifestyle, moved to Fl. Left Attorney General's office, work was funded for further eminent domain practices. ( 7. Describe your management style or the style that suits your best. Have you ever had to manage during a budget reduction? What reductions have you personally had to manage? How did you determine the persons affected in your office? How did you advise the Human Resources organization and Budget Office in handling throughout the organization? Autocratic, but democratic in getting input from others. Have people in place that she trusts; expect them to do the work. B/c they are doing the daily work, rely on them to give her the best info. Do her own work, research; she's the ultimate decision-maker, comfortable with that role. With the AG Office, budget restraints, dealt with through attrition, not rehiring when attrition occurred. No experience with layoffs, worked with HR with disgruntled employees. 8. What specific areas of local government law do you consider to be your primary strengths? Weaknesses? 8 years land use, eminent domain, some zoning. Sovereign immunity, suing Miami School board, Dade County, etc. Ethics, contlict of interest matters, public and financial disclosure, Sunshine Law and full disclosure. 9. Describe your role in establishing your organization's philosophy on matters of labor law, land use, environmental issues, litigation and appeals. ( -,----,----,-,. -_.'. -- .~-_._-- Asad Interview - Video Collier County Attorney Search Page 3 of6 ( She handled the cases once they came into her office. She and the Clerk of Court's Office, Court Admin, and staff. Her boss left her to manage her caseload; he didn't handle any of them. They collaborated on the Miccosukee Indian Tribe. Worked with the Office of Environmental Protection. Procedures - who, when, including how much paid was left up to her. Told what the budget was, had discretion of what to do. If someone wanted a very high cost, she could negotiate it down. External Counsel wasn't used at AG office. Lots of experience in NYC with malpractice cases. Handled outside counsel nationally, vetted them, and gave them certain cases. They did the day-to- day litigation, determination of risk, assessing of what should be paid, was her paid, and was her call with the exec community. Monitoring how they litigate cases, reviewing their billing, working with them, look at whether they should settle or not. 10. How do you manage the timeliness of your offices work? How do you gauge what other Department Directors/County Commissioners feel about the quality of your office's work? Litigation, time constraints, deadlines. Systems in place, follow-up on the hearing, filing briefs, give recommendations. Computer systems in place, put in deadlines, expect staff to do the same. Want info from her staffto review before output. Always well prepared, jury trial attorney - anticipate the issues, arguments against you. Critical with BCC, want her to be well-versed, anticipate the problems, come girded to address issues. Anyone you talk to, she is a very disciplined, motivated, accurate attorney. ( II. What innovative or special programs has your organization created? What legal challenges have been mounted toward these programs? Put systems for checks and balances, i.e., dealing with 1800 parcels, several hundred defendants, have a way to track that. Put systems in place to track defendants, track by lawsuit number, defendant, 55K acres ofland, where they were with each acre of land. Figure out in a matter of moments, where things were. Logical process for integrating files into the system, serving the defendant, defending the property. 12. On what major projects or cases are you now working? What is/are the disposition of the cases/issues. 13. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy on the use of outside counsel? What policies or procedures have been established to regulate the use of outside counsel? See above 14. To what degree are you called upon by your organization to meet with outside organizations such as developers, commercial associations, etc.? What significant items have caused you to be utilized in thaUthose instance(s)? No, do believe that she was only in the eminent domain sphere in I year, bodes well with her ability to work state govt agencies as well as the public. Most relevant with the AG office. Very diplomatic when meeting with adversaries, not in lock step with what they are attempting to accomplish. IS. Describe your involvement in personnel related matters: EEO issues; labor relations activities; and separate Civil Rights matters (police related)! ( _M.,__._.__._._.o..~.___._ ,_._,~_.,~ __"_'m_ .'.....--...-.- Asad Interview - Video Collier County Attorney Search Page 4 of6 ( 16. What, in your opinion, will be the major legal challenges facing today's local government legal offices? How do these conditions apply to your organization? How might they apply to the Collier County? Suffering budgetary issues, shortfall. Work that she has done, makes her well-suited to handle those problems. How to better the roads, schools, and teacher's pay with these constraints. What type of financial vehicles can keep the county running well. Those are the type of questions, other minor issues (relatively), thinking eveI)' county these days. 17. Are there new trends, programs or philosophies within local government law that you would like to explore or utilize? Please describe. 18. What is your degree of interest in the job of County Attorney? Go into a new job, when new kid on block, people look at skeptically, want to be a smooth transition. Know that there will be a smooth transition. Excited, skills and abilities, to bring all together in one position. She would want support; understand a learning curve, transitional period, supportive of her during that period. Fast learner, assess vel)' quickly, when ajul)' trial attorney, have to do so. Warm environment, work with her to ID what is important is. Expect to treated fair salary based on experience. Know that the County Attorney has been there a while, knows a new fresh view can be healthy, bring a new and fresh outlook. Bring years of experience, private and public experience. Entrepreneurial background, work with tight budget. Small biz in the family, well aware of that. Public and whole wealth of experience in various sections of the community that someone else may not bring. ( 19. What are your salary expectations for this position? See above. 20. If you were be selected as the next County Attorney, what would be your availability? Are there any other searches you are involved in that will be coming to a decision before the end of March? Minimum of2 weeks, more like a month. Due Diligence Questions 21. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the performance of duties? If so, explain the circumstances. N 22. Have you ever been investigated or censored by a grand jury, board of inquil)' or similar body? If so, explain the circumstances. N 23. Have you ever been subject to disciplinary suspension or probation in your adult working career? If so, explain the circumstances. N 24. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N ( ..-_.--- '-.---,,,.-." --'---'-- Asad Interview - Video Collier County Attorney Search Page5of6 ~ ~ ( 25. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out- of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits, or allegations of wrongdoing where your personal actions were the cause of a lawsuit.) N 26. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was the outcome of these allegations? N 27. Is there any reason why you could not fully perform the duties ofthis specific position? N After an offer of employment are you willing to undergo a pre-employment physical if one were required? After an offer of employment are you willing to undergo a pre-employment or random drug screening test if one were required? Are you willing to submit to testing by an organizationaVindustrial psychologist or management testing firm to determine fitness for duty? Y 28. Have there been any accusations or charges made against you based on conflicts of interest, improper behavior or misuse of funds or equipment, or major violations of agency or company policy? (Conduct that is clearly prejudicial to the good order or discipline of your current or past agencies/companies) N 29. Have you ever been convicted of a felony offense? N ( 30. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent you from being bonded or placed in a position of public trust with fiduciary responsibilities? N 3 I. Are there any special interest groups, citizens, employee groups, collective bargaining groups! unions or media organizations with which you have had adverse dealings? Would any of these groups be prone to discredit your candidacy if your dealings with them were to come to public light? N 32. Is there anything in your background that could be construed as potentially embarrassing, unusual, controversial or disqualifYing in nature to a public or non-profit sector employer regarding your past employment status or personal conduct? This would include behaviors, habits or practices that might disqualifY you from consideration for this position. N 33. Is there anything about you that could be potentially embarrassing or disruptive to the candidate evaluation process if it were learned at a later time? It is imperative that we hear this information from you now, rather than from an outside source or a negative reference. N You do understand that via your affirmative or negative responses, as the case may be, you are declaring ( that you are free from any past practices, behaviors, legal encounters or actions that would tend to disqualifY you, or inhibit further consideration of your candidacy. If information is omitted now and -'.- --_.- ""','--- - ~._~._...- , --.,-.-...- -,.,---- Asad Interview - Video Collier County Attorney Search Page 6 of6 ( learned later with regard to these questions, your status as a candidate could be immediately terminated or relinquished. Next steps: Recommendation of the fmal 5 to the Commissioners on 2/26. With their approval, candidates will be notified that day via telephone and background checks will begin. In-person interviews will take place on 3/11 or 3/25 at Collier County. The interviews will be public; each candidate will be ushered into a private room during the others' interviews. Ifthis isn't possible, lots will be drawn to select the order that candidates are interviewed. If contacted by the media, you may discuss your candidacy, advise not to discuss any other issues associated with the search. Any questions? ( , \.. '. __._____"n~...__..~_.__.. _ --'."-'-'- Maria Chiaro 2/4/08 8:30 a.m. COLLIER COUNTY ATTORNEY SEARCH Video Interview Questions 1. Describe the elements of your experience and professional training that make you the best and most qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the best candidate? Candidate has been following Collier County for a long time, knew that when David was hired in '95 there wasn't an external process, with them promoting from in-house. Her experience with land use issues and the tax issues with Tallahassee, blend with her experience in the municipalities will service County well. Creative things - financings, administration with the City of Miami. Parking surcharge ordinance, wholly developed for Miami, fin vehicle for a locale. Went to the State leg to amend the statute to put mechanism in place, where cities could impose a fee to substitute for ad valorem tax. The specifics aren't as important, as the creativity, in working with admin. She believes in a team approach, that's the kind of thing the county needs. One element of why she's a good fit. She has maintained her house in Naples, comes back every weekend. Loves living in Collier County. Her contract wasn't renewed in Naples. She came there to take care of significant land use issues. She was brought as their 1" in-house attorney; they have not had one since. Maria learned from experience, recognizes there was a bit of a personality disagreement between she and the then city manager. She learned from experience, would have handled differently in hindsight. Time for them not to have a FT attorney. Hollywood, left in a uproar of a political change. Came on a 3-2 vote, left on a 3-2 vote. Mayor was defeated based on a controversy based on a purchase of an arts community center; ultimately it was purchased, is functional, but contributed to her leaving there. Went immediately to set up the land use and litigation dept in Miami, helped someone with no political experience make the City's law office effective. She did a bit of private legal work in Collier County, gave her a real feel for the entire county. Naples does not reflect all of Collier County, now more aware of how the different cultures and the diverse communities need to react. 2. What special programs or resources would you suggest the County investigate to enhance departmental activities? Not familiar with the legal dept, just general reputation. She believes that law depts. need to have quantifiable time management system. If not ProLaw, need another, measure the kinds of services provided. Governmental law dept - need to be tech savvy, she's a computer geek, find that there is big difference in the tech skills. Really important to use the tech that is availability. Guessing there is some pretty sophisticated systems availability. -. ---._--.- -,_.,., ---'--'-'-- Chiaro Interview - Video Collier County Attorney Search Page 2 of7 Wants law dept to be interactive with the other depts. In Miami, she is pursuing having the computers in code enforcement talk to law dept, talk to finance dept, need to have these interfaces, one packet looking at liens, citing properties. Pays attention to how commissioners interact with each other, don't know specifics. Bring her experience to it; reach a plan, conclusion and a goal. 3. What do you feel the primary role of the County Attorney should be, relative to the County Commissioners? The County Manager? Department Directors? Firm belief, county attorney's office and attorney need to be the lawyers that would hire ifthey didn't have to use the county attorney's office. Value added to the office; understand the commissioners being the policy-makers. Need input from lawyer, legal advice and counsel. 24 x 7, answer nuances of their questions - commissioners, county manager, directors. Close working relationships. Need to know they have the best free lawyer they can use all of the time, make their decisions the best that they can be. 4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100 days? In office, all the time, spend the first 2 weeks listening, finding out what's going on, listening to staff, department directors, and commissioners; continues this throughout her time as the County Attorney. Trying to find out from the commissioners, what they wanted from the county attorney, their plan, what they envision, and any deficiencies. Respectful of institutional knowledge, so different, can take the institutional knowledge, and bring a creativity that blends the function to make it reach the goals of the persons that are there. Help them with their goals. Share what they can get from the county attorney's office, should expect this or that, etc. Developing a short-term for the year, long-term for 3-5 years. 5. Describe your ability and experience in handling sensitive political issues and problems. Use specific examples. Interpersonal interactions among the board members, attorney for the government, get to hear about. Individual member has an ethics complaint, criminal investigation, recommend they get another attorney, a savvy that one develops with experience, draw the line between representation the County and the individual commissioner. Have a keen compass, when to refer to their private attorneys. Impacted every government, advising the individual commissioner as compared to advising the commission of the whole. Has the wisdom to know when they take place. Develop with experience. 6. Describe the single most significant case that you have handled for your organization. What was the disposition of the case? At what level was it appealed? What was the net operating outcome to your organization? Parking surcharge ordinance. $15 mm recurring revenue to the City. Challenged and appealed once to the Supreme County of Fl, then the District Court on 3 different occasions. Statute amended 2, referendum to keep in place. Her involvement from drafting of statute, ordinance, took 8 yrs, significant litigation, significant impact, long-lasting impact. When she went to City of Miami, they were under financial watch from the state. When the City reaches certain level of fiscal crisis, board taken off the financial watch 2 years after she came. Part of the financial health improvement included this ordinance. Change in tax laws, will impact everyone. Will have tremendous change. -"-""'- ,<<'''., .... c,,,._...._'~.<.~<<O~_..m.._'___~__.m ._--_.~_.- Chiaro Interview - Video Collier County Attorney Search Page 3 of? 7. Describe your management style or the style that suits your best. Have you ever had to manage during a budget reduction? What reductions have you personally had to manage? How did you determine the persons affected in your office? How did you advise the Human Resources organization and Budget Office in handling throughout the organization? Hands-on. Now has 26 attorneys, virtue of being one of leaders in the office. Like to know what's going on in the office. Not a micro-mgr, want to respect/know what they are doing. Smaller office suits her better than the large one. Style - hands-on. People that work for her like her; don't think she's a pussycat. Demand that they do the best that they can do. Attorneys need to write clearly, communicate clearly - if they can't, she'll help/coach them. Commissioners have to be able to understand what's given to them. Don't believe in a lot of legalese - write so one can get the idea from the I" paragraph. She has 2 journalism degrees, helps her edit/coach in writing skills. When she has positions cut, various ways to deal with. Tried a couple things in Miami - intern programs - resource of mentoring - from law schools, i.e. A va Maria. For specific issues, use contract attorneys, bring on for specific issue, limited period of time. Outside counsel has its role, negotiate those fees, do the RFP/Q for the best resource. Lawyers in local government can be "fat"; sometimes you have too much lawyering, need to take a critical look at the office. Care that the law depts. aren't serving in functions that dept directors should be handling - recognize the lines between lawyering, advising and counsel. Never been faced with layoffs - always been some flexibility in filling positions. Terminations - operating one's own practice out of the law dept. Hollywood, 5 positions in her office, every one applied to be CA. 2 quit when she was appointed, she had to let one go that couldn't adjust to Maria and the new mayor's plan for the organization. Attorney didn't fit with the new culture and the plan. Miami - II employees were operating a plans advice company on their computers on city computers during the worktime. As this was uncovered, some were able to retire, vested in the pension plan, others were new employees. Arrest made in the city admin offices. Human Resources needed to get out all letters - varying elements of rights, direction the day after the discovery was made. Maria advised HR daily on how to manage. Labor and employment attorney in her office, but she had more of advisor - her discretion, advisor, working directly with the Chief of Police, etc. Day-to-day issues, handled discretely with department directors. Lower levels handled by employee relations. When it comes to advise that requires quick hands-on, what's in charter, code, they come to her. Going to use the employee relations director, very experienced person came from the private sector, prof growth and what she offers human resources 8. What specific areas of local government law do you consider to be your primary strengths? Weaknesses? Sense of judgment of experience, some from doing things right, seeing what you would do differently. So many things are new and exciting in local govt. Land mass, current mgr and leaders, needs a county attorney who brings a lot of experience, has the energy to keep up. 9. How do you manage the timeliness of your offices work? How do you gauge what other Department Directors/County Commissioners feel about the quality of your office's work? -----,-~..- ----- .,...._-, ".'_.~.- -^---- Chiaro Interview - Video Collier County Attorney Search Page 4 of7 Commissioners/Dept Directors - very vocal re how they feel re her work. Essential issue - has to be able to say they did a great job, need to be able to say all the time. May not want to put in writing. Need for them to communicate with her, quality of the work they are getting. The way she controls the timeliness ~ many of the requests come in writing - try to get in writing - ask for a date for the response. Acknowledge the receipt, due dates, report dates, rigid tracking system on how they go in/come out. Oral requests - 30 - 40% of her practice, keep track of them via computer, good memory, immediately - get them done. Talk to commissioners daily, needs to be a fonnal feedback system. Not easily developed, esp when just starting out. Don't claim to be an expert, believe it's essential. Wants to know how the clients think they are doing. Like to put in place, haven't done so but would look to use some of the systems that they private law firms use, know that they are out there. ProLaw has tracking reports; don't put out lots of paper, still put out to much. Not in sync, doesn't mesh with the city's evaluation system, would want a system that can be parallel with the depts. Know the offices are separate, but it is part of an overall function. Corp law dept is not the same, needs to be meshed. 10. What innovative or special programs has your organization created? What legal challenges have been mounted toward these programs? See above I I. On what major projects or cases are you now working? What is/are the disposition of the cases/issues? Agreement with Major League Baseball, Major League Soccer, Miami-Dade to put a facility on the current Orange Bowl - 15 attorneys, land use and general issues. Chief lawyer - transaction attorney in her office, should come to the City and County Commissions in the next 3 weeks. Complete revamp of the zoning code for the City. Fonn based code, cutting edge for zoning codes- just a few which have in place, Miami would be the largest. Will bring to the city commission in March or April. May put code in place, then map later. Really amazing, cutting edge. Change the ways Miami looks for the next 100 years. Creation of a civilian investigation panel - created by charter amendment, then an ordinance that she created. In effect for 4 years, having hiccups in application - offering input on these. I.e. ability of this panel to question the Police Chief, whether it was meant to interrogate vs. advise the chief. Validity of the subpoena power that was set forth in the charter amendment, whether it was valid, whether a ref can offer this to the panel. Little stuff, doesn't make news. 12. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy on the use of outside counsel? What policies or procedures have been established to regulate the use of outside counsel? Philosophy - don't have expertise in-house, try to develop the expertise, attach someone to work in tandem, some use as a mere guide. i.e. eminent domain, had the attorneys attached/monitoring to this file, ultimately able to do so. Or a conflict/potential conflict - named defendants, have to use. .--....- -- ..~_.._~---_.,-_..__.~--,- ~ ---~._- .'''-'<-. Chiaro Interview - Video Collier County Attorney Search Page 5 of? Contlict - city commissioner - sued by former city commissioner - challenging the right to hold the seat he is holding. Risk mgmt has own budget for this also. Way she budgets - set aside - don't spend more than $4500 w/o going to the City Commission, w/o doing a plan to use this. 13. To what degree are you called upon by your organization to meet with outside organizations such as developers, commercial associations, etc.? What significant items have caused you to be utilized in that/those instance( s)? Developers - land use issues - discuss with staff, universally - they bring their attorney, her clients have developed a pattern to have her present with their attorney. Depends on the issue, Miami 21 - routine meetings - homeowners groups, new zoning code, part ofteam, civilian investigation panel - didn't have an admin person, direction from the commission to the law dept, she ran the meetings with the grass use committees, meet with for particular issues. 14. What, in your opinion, will be the major legal challenges facing today's local government legal offices? How do these conditions apply to your organization? How might they apply to the Collier County? See above 15. Are there new trends, programs or philosophies within local government law that you would like to explore or utilize? Please describe. See above 16. What is your degree of interest in the job of County Attorney? Enthusiasm for her is needed. She has a great job, passionate for what she does. Would not want to give that up for a lukewarm attraction to her. Would not take a position on a 3-2 vote. Very interested in this, house in Naples, would love to work and live in the same place, delighted to stay in Miami. Don't mind the drive back and forth. 17. What are your salary expectations for this position? Higher end of salary range, bearing in mind different place, different COLA, expect to get the highest salary possible. Don't do this for money, love what she does, knows she could make more in private practice, doesn't give her the same satisfaction. 18. If you were be selected as the next County Attorney, what would be your availability? Are there any other searches you are involved in that will be coming to a decision before the end of March? Prob 30 days at least, could detach within that period of time. Due Diligence Questions 19. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the performance of duties? If so, explain the circumstances. - -------.,.----- -_..-----_.--. _._~-_._-~._,_.,._,~._- -- Chiaro Interview - Video Collier County Attorney Search Page 6 of7 While with City of Hollywood - case was dismissed immediately. Husband looked at a piece of property for his institution to purchase from the CRDC, citizen filed an ethics complaint. No basis of violation in ethics. 20. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so, explain the circumstances. N 21. Have you ever been subject to disciplinary suspension or probation in your adult working career? If so, explain the circumstances. N 22. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N 23. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out- of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits, or allegations of wrongdoing where your personal actions were the cause of a lawsuit.) Sunshine law complaint - lower court finding of guilt - ultimately found not guilty. Advised the Mayor of the applicability of the sunshine law - various members of the community - told her what the law was, couldn't have more than 2 members of any board presence. She was summoned to the meeting, answered questions, left. Citizen/colleague filed complaint. State attorney investigated, bench trial, finding that the law was violated. Appeal, overturned with a statement that it was not subject; she had only given legal advice, not subject to a change. This was in Hollywood. 24. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was the outcome of these allegations? N 25. Is there any reason why you could not fully perform the duties of this specific position? N 26. After an offer of employment are you willing to undergo a pre-employment physical if one were required? After an offer of employment are you willing to undergo a pre-employment or random drug screening test if one were required? Are you willing to submit to testing by an organizational/industrial psychologist or management testing firm to determine fitness for duty? y 27. Have there been any accusations or charges made against you based on conflicts of interest, improper behavior or misuse of funds or equipment, or major violations of agency or company policy? (Conduct that is clearly prejudicial to the good order or discipline of your current or past agencies/companies) N 28. Have you ever been convicted of a felony offense? N 29. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent you from being bonded or placed in a position of public trust with fiduciary responsibilities? N 30. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions or media organizations with which you have had adverse dealings? Would any of these groups be prone to discredit your candidacy if your dealings with them were to come to public light? N .----..... --"-'-'-~'-"----_.'--"----"-"- -..--- Chiaro Interview - V ideo Collier County Attorney Search Page 7 of7 31. Is there anything in your background that could be construed as potentially embarrassing, unusual, controversial or disqualifYing in nature to a public or non-profit sector employer regarding your past employment status or personal conduct? This would include behaviors, habits or practices that might disqualifY you from consideration for this position. N 32. Is there anything about you that could be potentially embarrassing or disruptive to the candidate evaluation process if it were learned at a later time? It is imperative that we hear this information from you now, rather than from an outside source or a negative reference. N You do understand that via your affirmative or negative responses, as the case may be, you are declaring that you are free from any past practices, behaviors, legal encounters or actions that would tend to disqualifY you, or inhibit further consideration of your candidacy. If information is omitted now and learned later with regard to these questions, your status as a candidate could be immediately terminated or relinquished. Next steps: Recommendation of the final 5 to the Commissioners on 2/26. Additional Candidate note: Commissioners and County Manager discussion I-I, important to her. How likely that will current attorney will apply? Very interested in this position, it is somewhat serendipitous. Expected to stay for 10 years with the City of Miami for 10 years- that will be in May of this year. -. .-.,- _..._- "- Gary Glassman 2/4/08 II :30 a.m. COLLIER COUNTY ATTORNEY SEARCH Video Interview Questions I. Describe the elements of your experience and professional training that make you the best and most qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the best candidate? Orange County - ACA - started as an assistant almost 7 years ago. Started doing litigation. Interesting cases, involved a rabbi that wanted to conduct religious services out of his home, zoned for residential. High profile, interesting and important cases. Humor - interesting use. Still going on. Moved onto other areas - constitutional - l;t amendment, religious freedom, don't see in private practice. Got him very excited, wasn't just pigeon-holed into one area. Enjoyable, liked the work. Divided into 2 sections - transaction and the litigation side. Rarely got opportunity to get onto the transactional side, pushed to do so. Did as much to get involved in other areas, wlo antagonizing the other size. Learned a lot, enjoyed it. In conjunction - management side - involve in the internship program - selecting, mentoring them through the process, working with them. Worked with the younger attorneys, mentoring in their cases. County's risk management committee - volunteered to be on the job, saw how cases handled, worked with other depts. - fire, corrections, risk mgmt, budget, all had reps on this committee. Management side, realized that if he wanted to go further, necessary to leave Orange County wasn't upward mobility availability. Looking for someone at the city of Tampa, not just an assistant, also involve some mgmt type of work. Opportunity to continue what he was doing, management side, learn how to run an office. Applied for the position, got it. In addition to litigation, working with attorneys, management side - leadership team - made up of senior attorneys - all type of issues - budget cuts, how to react to that, how to implement, how it will affect how they provide services to the city. Nothing against the city of Tampa, when opp comes up, goes for it. 2. What special programs or resources would you suggest the District investigate to enhance departmental activities? Learned lots regarding management in past 1.5 yr, exposed him to a number of diff things. Enhance the life of the assistants in the office, make them want to work harder, providing a greater service. Perception re from the discussions, i.e. feeling lost there. Get assistant working with certain departments - i.e. attend dept meetings, know the top and lower mgmt, become invested with the other depts. He did a lot of work with the fire dept, driving around, had ownership, had something to do with those depts. Get them working with the depts. They are assigned to. Listening to and watching some of the dept, push them along in their careers. Encourage them to work on an interesting topic, get them to write an article for the state journal, law review, and share expertise with the rest of the state. Gives them a sense of greater purpose, found a way to communicate what they have learned, expertise in those areas. Work with them, annually, write an article - weekends, time in -.--.,.--..-- - .,,- >~_"h,_' ,_'.H_~~.._~_____..__ ... -.---- Glassman Interview - Video Collier County Attorney Search Page 2 of7 office, bar journal, law review, trade magazine, establish themselves in a particular area. Motivates them to do a better job. Great number of experts, bring into have a seminar, i.e., on depositions, etc. I-hour lunch for the assistants, become mini-seminars, CEU, continuing to give more knowledge, drafting ordinances, give more to the staff. Even for the assistants, better ways of managing the attorney, managing the attorney files, help to broaden/educate the office. With a motivated staff, sees a bigger picture, staff will produce well, be an asset to the county. 3. What do you feel the primary role of the County Attorney should be, relative to the County Commissioners? The County Manager? Department Directors? Equate to the Mayor and City Council relationship- separate, diff org, responsible to both. Sometimes can put the city attomey in a difficult situation. Sometimes they have policy differences that may make things difficult. Better not to have these tensions. Role is to provide legal advice to the County Commisisoners. Thin line between policy and legal advice, clear that they provide legal advice. Sometimes the line is crossed, do as much manage that. Will share a response that something is asked was a policy instead of a legal matter. May not be the advice they want to hear, may want more. May need to be told that it is a political matter. Same is true with the county department directors/decision makers; their job is to provide sound legal advice. Policy decisions must be left to the policy decision-makers. Start crossing line, can get in trouble. Keep that fact in mind. Accessibility - open door, can be open, subject to the sunshine law. Some commissioners like to have a regular mtg with the county attorney, as long as everyone has the option, department heads, as often as needed. 4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100 days? Learning process. Great deal of the government - the office. Want to sit down with each of the assistants, each of the staff member, what they do, how they do it, try to get a firm handle on the office and the staff. Sit down with the assistants/staff, other interests, important to get a feel for how the office has been run. What works, what doesn't work. Get input for process improvements from them. Spend time with the county commissioners, what their interests are - legal standpoint, what are their major concerns, big problems, how they can provide advice on those problems. Spend time with the dept heads, sitting down, how it operates, what they see as the big issues, what is the current relationships with the current county attorney's office, how can things can be better. Are they getting advice, opinions, is it timely, is it complete? Community affairs dept - rightfully let him know if they aren't getting info back in a timely fashion. Learning, finding out, can't stop govt biz, great deal of time talking with people that deal with the county, vendors, contractors, Naples City Attorney, find out their relationships, etc, HiIlsboro and Tampa - big issue. _.._..- m__.___,..,_ ---- Glassman Interview - V ideo Collier County Attorney Search Page 3 of? 5. Describe your ability and experience in handling sensitive political issues and problems. Use specific examples. County mayor - Orange, investigation for a matter that dealt with funds received, some would call a kickback. A number of county employees going to appear before a special prosecutor with the state. Concern from the employees, that they would appear alone. Determined by the county attorneys' office, they would represent (2) attorneys would rep them. Election for county mayor was 6 months away; Gary was one of the attorneys sitting with them. Former and present commissioner, county mayor staff, department directors, etc. No indictment was given, representing employees that were concerned, ACA, obligation to the county, people of Orange County. Didn't announce to everyone that he was one of the attorneys selected, didn't make known to anyone, kept as private as possible. If someone did know, told that it was a private matter, wasn't for special consumption, up to the special prosecutor to publicize. Most important to him - privacy to the county mayor, all that appeared in front of the special prosecutor. Not a matter of sunshine, quickly and as sensitive as possible for a criminal matter. 6. Describe the single most significant case that you have handled for your organization. What was the disposition of the case? At what level was it appealed? What was the net operating outcome to your organization? Orthodox Rabbi - conducting services in his home. Several in Tampa - coming up for trial. Interesting and family lived in residential community, orthodox rabbi, no synagogue that he could go to, that he could start up, had to be walking distance - set up in home. Unfortunately, had bigger plans, services, and religious school for children, summer camp, and bible study at least I night per week for adults. If he hadn't had the bigger plans, that was making it more difficult. County was involved, cited through code enforcement, found in code violation, told to cease and desist, and took to fed court in Orlando. Immediately moved for an immediate injunction, violating the first amendment, fed statute - religious land use. Immediately were in court, judge denied the injunction, county code was constitutional, discovery stage, 25 depositions - rabbi, county officials, witnesses, great deal of time in discovery, arguments would be made, needed to be made - in home, necessary for him to go to experts - University of Miami - talked to professions - tremendous amt of time spent speaking to experts. Decided to attach the constitutionalism - new statute, violated the US constitution, double-edged sword, hitting back, clearly had a lot of hard work for the judge. Case went forward, discovery - 2yrs, filing summary judgment - are no facts in dispute, decide on the law, law favors the county, dismiss the case. In addition, if rule in their favor, find that statute unconstitutional. Holds hearing, Washington, Tallahassee, came in, rabbi's lawyers, all day hearings, constitutionality of the statute. Getting ready for trial, January, mock trial in December, ran them - hesitate to watch those, very interesting - good pointers, good info. Just before going to trial, judge granted summary judgment. Happy, knew there would be an appeal to the 1 I th Circuit Court of Appeals, didn't deal with the constutionality of the statute. Untimely, state found statute to be constitutional. Filed briefs, went to Atlanta, first on list, 15 minutes to argue case. His part went V2 hour, asking that many questions, knew there would be problems, reversed the prior judge's decision, Orange County code was unconstitutional. Not happiest day, no financial gain for the rabbi, hadn't been shut down, avoided damages to the county. Throughout case, didn't shut down, didn't get injunction, neighborhood had to deal with. Rabbi sued again, wanted monetary damages. Newspapers articles, on TV, made for interesting case. Lots of facts, laws, media, etc. Illh circuit decision, federal supplement - federal reporter. 7. Describe your management style or the style that suits your best. Have you ever had to manage during a budget reduction? What reductions have you personally had to manage? How did you ~----_._---- ~--_.._~~,-~-,,~_..,. "-".. - Glassman Interview - Video Collier County Attorney Search Page 4 of7 determine the persons affected in your office? How did you advise the Human Resources organization and Budget Office in handling throughout the organization? Budget cuts since city of Tampa. Immediately dealt with. One of the attorneys supervising was targeted by the city attorney, performance had not been satisfactory. Gotten complaints from the mayor, Gary hadn't been there long enough to eval, solely on performance and competency. Seemed to be the right thing to do. Continuous issues with budget cuts. Talked with people in HR, reductions in force, how should be accomplished - fair and non-discriminatory. GTE - RIF - 18 persons, had a legal/practical experience in making sure that the system used is fair, not arbitrary. Worked with HR, going through I" cuts citywide, reductions done properly - need, where could elim positions, w/o regard where positions could be cut w/o an issue with the city. City is now in the budgetary process with last week's decision; expect to be involved in advising. In own office, have leadership group, met to begin process within their own office. Know there will be some, 80 - 90% of budget is personnel, will need to cut individuals, looking at id people that are not performing well, once 10, how will handle, what will it mean for the rest of the staff, how will work be divided up. Work harder without add' compensation. Be honest and fair. Get them to see the bigger picture. 8. What specific areas of local government law do you consider to be your primary strengths? Weaknesses? Not just one area oflaw, land use, constitutional issues affecting govt. 9. How do you manage the timeliness of your offices work? How do you gauge what other Department Directors/County Commissioners feel about the quality of your office's work? Law practice - private - billable hours. Not the same in county government. More difficult to quantifY - i.e., litigation - 40 cases on their docket. Another handling 5 cases. May be more complex, difficult, more time consuming. Can't just use the usual measures. Same with someone writing ordinance - i.e. women, business, minority ordinance - he, another assistant and the county attorney are all working on it. Met with city staff, city's chief of staff, citizens involvement, meetings in front of city council, 1.5 yr, expect it to take another 6 months. Realistic way to do - gives assignments - reasonable and can be handled. Keep finding out where they are on the ordinance. Develop a sense of those that are working hard vs. fluffing it out. Convey the expected timetable, if meet stumbling block, explain the issues. Don't think you can have a way of doing the work, need an additional week; get a sense of what's working. Talk to dept heads, look at the individual attorneys, etc. don't want to start up the billable type of process. See over time, how they are performing. Quarterly report on litigation. Staff mtgs weekly - discuss project status. That's where review agenda for city council, whatever assignments are out there. In addition, more informal, get an update from the City Attorney. Need to do in a better fashion. He personally keeps a to-do list; need to have more ofthat in the office. Reporting is less formal in his office. 10. What innovative or special programs has your organization createdry What legal challenges have been mounted toward these programs? ~-~--~---'-"--"~'---~.."'---'-"- N.h__ Glassman Interview - Video Collier County Attorney Search Page 5 of? See above I I. On what major projects or cases are you now working? What is/are the disposition of the cases/issues? Ordinance for special events - first amendment issues - city property (park), demonstrations, etc. Protest - how to deal with the issues, what they can and cannot regulate, large convention center in Orange Center - 2"d largest in the country. President Bush - protestors, working on this ordinance. Community Affairs - local discrimination cases in the city - employers, housing, helping the investigators 10 when city code has been violated - protected classes. Meet with investigators, advice. Construction services dept - contracts, involving legal matters, writing of construction contracts, bids that go out, forms are proper, are they discriminatory. HR, advising them on the reductions, general matters. Police dept. 12. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy on the use of outside counsel? What policies or procedures have been established to regulate the use of outside counsel? City - budget crunch - use has been to about $ 1.2 million annual, have to cut re budget. Personal belief, use as little as possible. Real situation - special expertise -very complex construction matter, bankruptcy that no one had expertise in. Look at people in the office with that interest - rather let them build their expertise. 13. To what degree are you called upon by your organization to meet with outside organizations such as developers, commercial associations, etc.? What significant items have caused you to be utilized in that/those instance(s)? Tampa - legal matters - number of groups - environmental causes - green groups, why doing certain things. Discuss whatever issues. Individual city residents, not happy with certain things, tell why things are done, not a lot done. 14. What, in your opinion, will be the major legal challenges facing today's local government legal offices? How do these conditions apply to your organization? How might they apply to the Collier County? See above 15. Are there new trends, programs or philosophies within local government law that you would like to explore or utilize? Please describe. See above 16. What is your degree of interest in the job of County Attorney? What he wants to do. Where he wants to be, knows the area, knows the west coast, not a lot of questions. Commissioners view on how they want to see the county attorney operate. 17. What are your salary expectations for this position? Salary range sufficient. -. --~--"~-_. ------ Glassman Interview - Video Collier County Attorney Search Page 6 of? 18. If you were be selected as the next County Attorney, what would be your availability? Are there any other searches you are involved in that will be coming to a decision before the end of March? Scheduled - 3 trials in April, can't leave w/o doing them or preparing for them. Continued, have to be careful obligations are being met with the city. 2 -3 weeks. Due Diligence Questions 19. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the performance of duties? If so, explain the circumstances. N 20. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so, explain the circumstances. N 21. Have you ever been subject to disciplinary suspension or probation in your adult working career? If so, explain the circumstances. N 22. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N 23. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out- of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits, or allegations of wrongdoing where your personal actions were the cause of a lawsuit.) N 24. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was the outcome of these allegations? N 25. Is there any reason why you could not fully perform the duties of this specific position? N 26. After an offer of employment are you willing to undergo a pre-employment physical if one were required? After an offer of employment are you willing to undergo a pre-employment or random drug screening test if one were required? Are you willing to submit to testing by an organizational/industrial psychologist or management testing firm to determine fitness for duty? y 27. Have there been any accusations or charges made against you based on conflicts of interest, improper behavior or misuse of funds or equipment, or major violations of agency or company policy? (Conduct that is clearly prejudicial to the good order or discipline of your current or past agencies/companies) N 28. Have you ever been convicted of a felony offense? N 29. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent you from being bonded or placed in a position of public trust with fiduciary responsibilities? N 30. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions or media organizations with which you have had adverse dealings? Would any of these groups be prone to discredit your candidacy if your dealings with them were to come to public light? N 31. Is there anything in your background that could be construed as potentially embarrassing, unusual, controversial or disqualifying in nature to a public or non-profit sector employer regarding your past .-... .- ---- Glassman Interview - Video Collier County Attorney Search Page 7 of? employment status or personal conduct? This would include behaviors, habits or practices that might disqualify you from consideration for this position. N 32. Is there anything about you that could be potentially embarrassing or disruptive to the candidate evaluation process if it were learned at a later time? It is imperative that we hear this information from you now, rather than from an outside source or a negative reference. N You do understand that via your affirmative or negative responses, as the case may be, you are declaring that you are free from any past practices, behaviors, legal encounters or actions that would tend to disqualify you, or inhibit further consideration of your candidacy. If information is omitted now and learned later with regard to these questions, your status as a candidate could be immediately terminated or relinquished. Next steps: Recommendation of the final 5 to the Commissioners on 2/26. Add'l candidate comment: Very interested, want it for the long time, culmination of his career. ~-----,---" -- --~----~- __...MN.... -'-- Michael Hunt 2/13/08 2 p.m. COLLIER COUNTY ATTORNEY SEARCH Video Interview Questions 1. Describe the elements of your experience and professional training that make you the best and most qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the best candidate? Went to UNC Chapel Hill- BA in '75, obtained in 2.5 yrs, graduated from Howard Law School, JD, 80 ~ worked at the Assistant General Counsel in Jacksonville, then Manatee County, 1" Assistant; then Acting County Attorney, then Cable TV Attorney for Utilities and Cable TV. Started consulting group, cable TV and other utilities - 10 years, split, started Consult First, still consulting with local govts. Ultimately determined that with a young family, needed more home based work. Sought position for St. John's County, experience in all levels of local govt law, contracts, telecom, utilities, social services. Combo of experience, nuances of local govt, primary reasons for experience and understanding for local govt. Managerial in consulting, both counties for handling day-to-day tasks for handling a large legal office. 75% has a political bent/aspect, able to handle the politics and the legal side to handle. 2. What special programs or resources would you suggest the District investigate to enhance departmental activities? All counties should be looking at more coordination between county attorneys w/I the staff, esp in the SouthWest ~ common goals and aspects that go forward with those counties, resources and abilities. 3 hurricanes in '04, resources are scarce during emergency event. Need operational emergency plans, including legal services. In '04, all attorneys offices worked with no power for betterment of week. Contracts approved, emergency mtgs with BCC, not alone in this. Every county in the state was affected, brought the need to do so. Look at efficiencies, amt of outside counsel, legal work, tends to be a concern of the governmental entities. With the exception of bond and tax work, can do most other things in-house; need back-up for cross- training for individuals for handling work easily and efficiently. 3. What do you feel the primary role of the County Attorney should be, relative to the County Commissioners? The County Manager? Department Directors? County's chief legal counsel and advisor. Chief counsel for the BCC, distinction, ethical considerations re board and admin. At same time, not a commissioner, therefore do not usurp their role, adopt policy. Provide the best legal advice possible, so they can make fully informed decisions, away from lawsuits, legal disputes. 4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100 days? 1" day, meet, talking to staff - find out their strengths and weaknesses. Find out what concerns they have with the transitions, what their role will be, and security of the existing staff so they can do their ----. ,,-,-- .-_."._~.._-"--_.__._.- -----,._-~ Hunter Interview - Video Collier County Attorney Search Page 2 of6 job. Meet with the Board, understand their goals and objectives. Meeting with the county manager, county's dept heads in the I" 2 - 3 days to put together a comprehensive assessment of what needs to be handled from the legal arena ~ enhance the office, make more efficient, estimate the policy for how legal services are routed. Typically requests come in a mish mash of ways; create central routing, with clear/precise proceedings. From there address I" needs of the county, prop tax reform - all counties have to deal with in the upcoming fiscal year. Manpower, personnel, what happens with the state legislature. Bring back some services as a part of local govt. At the end of the 100 days, take stock, what worked well, and what didn't work well, make adjustments. Have strong convictions, not detrimental to the office. May have an idea of how things work, never be so bold that someone can't have an idea that is better than your own. 5. Describe your ability and experience in handling sensitive political issues and problems. Use specific examples. Number of situations - commissioners come to you, what should/would happen. Detennination- what they are trying to achieve, what's their objective. Recently, tried to acquire a major wastewater utility. Had acquired another, was very time-consuming and difficult. Was done legally and properly, political side consumed everything. At cross-purposes for what was trying to achieve, make better for the citizenry. Chose a different approach, traditional way, eminent domain, requires fully infonning the BCC, done in the legal process, takes away the political process. Managed the 15- person acquisition team for the purchase and sale. Former project took 2 ~ 3 years, using existing strategy only took 2 -3 months. Less costly, expense for the eminent domain. Acquired the utility for less than the prior one. Fewer accounts, for a better price. Able to handle better the 2"d time, did in a shorter timeframe, did in a way that helped the citizens of St. John's, cost for water and wastewater went down for the vast variety of customers. 6. Describe the single most significant case that you have handled for your organization. What was the disposition of the case? At what level was it appealed? What was the net operating outcome to your organization? Above case, up and potential downside. Would have been more politically sensitive if didn't handle appropriately. Land use cases, construction use cases. By far, most significant one. 7. Describe your management style or the style that suits your best. Have you ever had to manage during a budget reduction? What reductions have you personally had to manage? How did you detennine the persons affected in your office? How did you advise the Human Resources organization and Budget Office in handling throughout the organization? Talk, listen, and understand people's strengths and weaknesses. Do not micromanage, but give as much as possible. Try to maximize, let them do their job as best they can, operate within the confines. Lost an attorney, didn't replace, everyone is doing more. Try to manage the tasks so that people don't feel overwhelmed. Clear open door policy ~ don't get overwhelmed, don't let simmer, important to listen and deal with the circumstances. Very results oriented driven. Don't worry re the time clock, but that they get the job done, stay on task. When someone receives phone call, respond within 24 hours. Expect to have the Initial Legal response within 48 hours; understand there is a contact person assigned. Open that line of communication, able to address it. Lost the cable administrative function in the County, Michael took .. ~._"._"..-. -.-..-.,-- "--- Hunter Interview - Video Collier County Attorney Search Page 3 of6 over those functions (admin task), since he had the most experience of anyone in the county. Takes more time than he expected, but uses this opportunity to assist and use his expertise in broadcast and cable matters. 8. What specific areas of local government law do you consider to be your primary strengths? Weaknesses? Strengths - broadband, voice, video, data, telephony, water and wastewater utilities, contracts, environmental. Worked and been counsel in virtually every aspect - adult entertainment, parking fees of reships docked in the river, done everything that you can do at the local govt level. Least - certain aspects of land use, comes up from time-to-time, rep the county in court, but not in the day-to-day duties. One matter, dealing with cell towers ordinance. 9. How do you manage the timeliness of your offices work? How do you gauge what other Department Directors/County Commissioners feel about the quality of your office's work? Establish weekly mtgs; ask them how they're doing. Assign each of the commissioners an attorney to go to - County Attorney is the senior contact. Gauging the overall aspects, having people critique what you do, where warranted, try to improve what you do. 10 where things have been misinterpreted, fix what's wrong. Legal side of thing, should not do things that are not completely above board. To be honest - 90% of the time, can find the best legal way to do it, or a creative legal way. Always counsel to hold fast to ethics. 10. What innovative or special programs has your organization created? What legal challenges have been mounted toward these programs? Efficiency in providing aid, did not review contracts well prior to this being brought to the County Attorney's office attention. Michael recognizes that this office was a part of the reason, they were slower than they were then. Did more work in-house, lawsuits, had been sued more than they are currently sued. Reduced the number of lawsuits generated. Can inform the county offices better, save BCC from having issues. Developed a process, when county approved contract, nothing showed what the board did. Could be sued on any action, nothing to go behind it. Now have an authorizing resolution - chair or admin or designee, recordation of the minutes/records, clear explanation in the authorizing resolutions. Changed agency cover sheet - types of motions that would be able to make. In light of that, all boards/depts./all contracts approved by the County Attorney, over 600 reviewed by his office. On track to do 700, have on e of the younger attorneys to help. More negotiation, put their input on the contract, get them a better deal. 11. On what major projects or cases are you now working? What is/are the disposition of the cases/issues? See above 12. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy on the use of outside counsel? What policies or procedures have been established to regulate the use of outside counsel? ______4___~__,. '_,-,- ._-~ -~-,-- Hunter Interview - V ideo Collier County Attorney Search Page 4 of6 See above 13. To what degree are you called upon by your organization to meet with outside organizations such as developers, commercial associations, etc.? What significant items have caused you to be utilized in that/those instance(s)? Legal counsel for the CDRA, tend to be sporadic, 3 agencies in the county. Haven't met with 2 for them in 2 yours, represent more actively the Tourist and Development Corp, going to their meetings. Also attorney for the EDA, liaison to the Water and Sewer Authority. Don't meet with these org frequently, rep the interests of the county. Civic org - acquired 2 utilities, doing presentations on their status. Affluent area, certain considerations, very active politically. Expect to have someone meet with them. Meet with that group bi-weekly. On occasion, other groups, emergency occurs, i.e., handle things for the sheriff, occasionally happens. Try to have attorneys that have some sense of what's going on. Try to rep them, rep the BCC, prohibited from giving them advise, work with the BCe. Try to help the citizens as they can. Sand Dune restoration is a big deal. 14. What, in your opinion, will be the major legal challenges facing today's local government legal offices? How do these conditions apply to your organization? How might they apply to the Collier County? St. John's - budget constraint - state requiring more of local govt, caps of how moneys can be raised. Going to more user fees, ahead of the curve, can provide how already handled. Will be instances when level of service will have to be dropped or shifted, fact of life. Deal with the circumstances, provide some innovative legal ways, providing the level of service the BCC and community expects. 15. Are there new trends, programs or philosophies within local government law that you would like to explore or utilize? Please describe. Using broadband telecom to assist govt better. Collier has enhanced website, looked at their commission mtgs, familiar with that aspect of things. Get to a great number of individuals, citizens get computers, broadband and Internet, provisions will make a better and more informed citizenry. What can be done on-line, videoconference, get more efficient in their pricing. 16. What is your degree of interest in the job of County Attorney? Bottom line, interested in position. Current county attorney's salary is sufficient, understand his salary. Son in high school, daughter in college, timing of their completion of corsework, etc. means that he would be best able to move in May, June, course load till June. Committed to work as soon as he can, will discuss alternatives. Lived in Sarasota for 20+ years, like the area. 17. What are your salary expectations for this position? See above 18. If you were be selected as the next County Attorney, what would be your availability? Are there any other searches you are involved in that will be coming to a decision before the end of March? See above -- --"_. --- Hunter Interview - Video Collier County Attorney Search Page 5 of6 Due Diligence Questions 19. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the performance of duties? If so, explain the circumstances. N 20. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so, explain the circumstances. N 21. Have you ever been subject to disciplinary suspension or probation in your adult working career? If so, explain the circumstances. N 22. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N 23. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out- of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits, or allegations of wrongdoing where your personal actions were the cause of a lawsuit.) Filed EEO action concerning the prior selection of the assistant county attorney, had never done so before. Personal lawsuit regarding repairs of his home from the Hurricane event. 24. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was the outcome of these allegations? N 25. Is there any reason why you could not fully perform the duties of this specific position? N 26. After an offer of employment are you willing to undergo a pre-employment physical if one were required? After an offer of employment are you willing to undergo a pre-employment or random drug screening test if one were required? Are you willing to submit to testing by an organizational/industrial psychologist or management testing firm to determine fitness for duty? Y, completed the CN TEST. 27. Have there been any accusations or charges made against you based on conflicts of interest, improper behavior or misuse of funds or equipment, or major violations of agency or company policy? (Conduct that is clearly prejudicial to the good order or discipline of your current or past agencies/companies) N 28. Have you ever been convicted of a felony offense? N 29. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent you from being bonded or placed in a position of public trust with fiduciary responsibilities? Yes, in '05, come out of it, no financial burdens since then. 30. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions or media organizations with which you have had adverse dealings? Would any of these groups be prone to discredit your candidacy if your dealings with them were to come to public light? N 31. Is there anything in your background that could be construed as potentially embarrassing, unusual, controversial or disqualifying in nature to a public or non-profit sector employer regarding your past n____._~~__'_.___ m._ - .._.,.._,..,~ " .'- Hunter Interview - Video Collier County Attorney Search Page 6 of6 employment status or personal conduct? This would include behaviors, habits or practices that might disquality you from consideration for this position. Outside the bankruptcy, outside his control, can't think of anything. In a submitted Employee evalation, county attorney noted that Michael was seen asleep at office, found that he had a medical condition and has now been subsequently treated with medication. 32. Is there anything about you that could be potentially embarrassing or disruptive to the candidate evaluation process if it were learned at a later time? It is imperative that we hear this information from you now, rather than from an outside source or a negative reference. N You do understand that via your affirmative or negative responses, as the case may be, you are declaring that you are free from any past practices, behaviors, legal encounters or actions that would tend to disquality you, or inhibit further consideration of your candidacy. If information is omitted now and learned later with regard to these questions, your status as a candidate could be immediately terminated or relinquished. Next steps: Recommendation of the final 5 to the Commissioners on 2/26. Thanks for the opp, very interested, truly believe have the experience and demeanor to do the job effectively. ..----- --'---..'- --"- . .-.--'- Jeffrey Klatkow 2/4/083:45 p.m. COLLIER COUNTY ATTORNEY SEARCH Video Interview Questions 1. Describe the elements of your experience and professional training that make you the best and most qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the best candidate? Come out of corp world. Started off as a litigator, over time as biz needs and personnel changed, migrated toward contract and business end. Running litigation and contracts for Carvel and Cendant, strong contracts and dealmaking. Did a bit of litigation, came into the County Attorney's office with more of a biz background, which gave good advantage over others that only knew local govt law. Big believer in overcoming the learning curve one can has. Had good experience, David Weigel recognized it, and was promoted quickly. Can focus on the business end of it management, as well as the law local govt end of it. 2. What special programs or resources would you suggest the District investigate to enhance departmental activities? David and the Mgmt team - he and Scott Teach. On the junior end of spectrum, most attorneys have more experience than they do, more seniority in the organization. One of the reasons that the current County Attorney having issues is that he allowed people to stay on that shouldn't have. The office is perceived as having people that shouldn't be there. One of the reasons he went to local govt was to get away from the seasonal (periodic due to financial conditions) layoffs. Hard to deal with, the economic impact of firing someone - most important thing they have is their job. Problem - county policy is to do layoffs according to seniority, last in first out. This is fair - in that there is no subjectivity to it, so that he's expecting layoffs with the next budget - October. To avoid losing the more productive staff, the next County Attorney will have to evaluate and terminate based on performance. Unfortunate, 2 of better attorneys in the office are the most junior. Hard to see happen. 3. What do you feel the primary role of the County Attorney should be, relative to the County Commissioners? The County Manager? Department Directors? 1'1 and foremost, dependent on the board. Current board, demanding on the county attorney's time. Understands there were some BCC where there could be I - 2 years go by, wlo a call. They are very hands-on, been together since 2000 - 2001. Very demanding, county attorney services the BCC, on a personal level and a commissioner basis. If majority of the commissioners don't want to do something, and don't have the majority, difficult to do. Manage the office, very large staff, and heavy -~. .,'.-- --~- Klatkskow Interview - Video Collier County Attorney Search Page 2 of6 law usage for what's being done. Need to be happy with the Assistant County Attorney's on the staff side and make sure they are performing. County Manager - supports in some ways - sometimes the County Attorney's office is there to say no. Balancing act, represent the staff, represent the BCC. Most times there is no conflict. Sometimes staff taking a policy that is contrary to board policy and board directive. That causes friction, as it should; care with not saying no enough. Predecessor at Horseshoe, said yes all of the time, but have some friction, nature of the beast. Have to be able to work with them. Balancing with the CM and Directors, more problematic. Not their attorney (County Manager's, the Department Directors'), but the BCe's board's attorneys. 4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100 days? Go to Jim Mudd, ask ifhe could go to his staff for eval the County Attorney's office, feedback on each of their performances. Do the same with the BCC - happy with, not happy with. Determine if the issues can be resolved by moving them from supporting one division to another, analyze whether it's personality or not. Recently found that to be the case, moved an Assistant from working with the Code Enforcement Director to supporting Public Works with outstanding results. Some staff are in semi-retirement mode, this needs to be addressed. Did have a discussion with some staff members, told them that his expectations of them were high, and he expected them to work harder. Had conversation 3 months ago, got some initial good results, but there still problematic areas. Concern with govt services mindset. 5. Describe your ability and experience in handling sensitive political issues and problems. Use specific examples. Business of Collier County - real estate devpt, pretty much everyone is focused on supporting real estate devpt. Build roads to open up land to build new houses, new sewers, parks & rec, for the most part, 85% of their people are supporting devpt. Constantly take not being perceived as developer- friendly, can't anger the devpt community or that can get them fired. If not viewed as fair/even- handed, it's a concern. Differing opinions between commissioners, balancing act in not ruffling either's feathers. Need 3 votes to stay in at all times. Naples Daily News coverage is extensive, careful with that. Have to be able to help the newspaper out w/o talking too much. Can't do anything that will negatively impact the county. Everything is political, can't separate what they do from the politics, i.e. impact fee - goes before the board - goes to a charity, if there is a concern with the charity by one of the board members, it can be a problem. At the board meetings, lots of things can be brought up, have to figure out how you can get the board where they ultimately want to be. Recognize when need to retreat on a decision, given the BCC response. Recognize the political business, both internal politics as well as external politics. 6. Describe the single most significant case that you have handled for your organization. What was the disposition of the case? At what level was it appealed? What was the net operating outcome to your organization? Naples fee case - high profile case, extensive news coverage, news and TV stations. Prominent local people, several environmental groups, charter group captains, Naples Council, took on appeal, hope that the decision is going in their area. Since moved to Horsehouse, haven't done litigation. 7. Describe your management style or the style that suits your best. Have you ever had to manage during a budget reduction? What reductions have you personally had to manage? How did you ,------,.'. --.,.- .------.--.'<. -.- ""--...- Klatkskow Interview - Video Collier County Attorney Search Page 3 of6 determine the persons affected in your office? How did you advise the Human Resources organization and Budget Office in handling throughout the organization? See above 8. What specific areas of local government law do you consider to be your primary strengths? Weaknesses? Lots of things he's done, most of the office is doing the same things - transportation, code enforcement, transportation, supervisor of board of elections, avoid embarrassment - hanging chads, etc. Worked in public utilities, strengths - litigation, transportation, land use; farm out to contract administration - tech and boring. Eminent domain, 2 attorneys do exclusively. Defer to Scott Teach - Human Resources - came back from HR. 9. How do you manage the timeliness of your offices work? How do you gauge what other Department Directors/County Commissioners feel about the quality of your office's work? Easy for him in Horsehouse - production - everything has production - has to get to environmental production, timely, every project, everything is date sensitive, very prod oriented, turned around in 24 hours. Cannot sit on anything, nature of the beast. When worked in transportation, used in-box as tickler file, removed from in-box, last thing in first thing out. Tend to get things done within a day or two. Some projects may take weeks; try to turn things away, same with staff. One person's been an issue for a number of years, no one wants to work with him, and he gets the request for legal services. Narrowed job done, piece by piece by piece, on-going discussions with the person. Person feels protected due to a friendship with a commissioner and role in political party. Concerned, if he were promoted, no one internal will be easily able to take on his workload. 10. What innovative or special programs has your organization created? What legal challenges have been mounted toward these programs? Pushed through a new process for PUD amendments - planned unit devpt. Take a community, own zoning district. Before used to write the whole things up, page by page. Learned in franchise world, one form of agreement, make changes as the amendment/changes. Now uniform, last page or 2, individual development standards, any deviations from code. Used to take hours/hours of review, now 5 minutes. 11. On what major projects or cases are you now working? What is/are the disposition of the cases/issues? See above 12. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy on the use of outside counsel? What policies or procedures have been established to regulate the use of outside counsel? Don't know; David handles, varies year to year. Use for "death cases", could lose your job if you lose it. Lawsuit against the clerk, bond counsel, depends on the work being done in the county. Tallassee - local govt questions, case to case basis. .,..,_. -^".- w_._,_,__. ~,,>._--- ....--.- Klatkskow Interview - Video Collier County Attorney Search Page 4 of6 13. To what degree are you called upon by your organization to meet with outside organizations such as developers, commercial associations, etc.? What significant items have caused you to be utilized in that/those instance( s)? Daily, pick up own phone, return calls, return emails, weekends as well. Get questions from citizens, will handle them. Outside attorneys, that's what he deals with. 14. Describe your involvement in personnel related matters: EEO issues; labor relations activities; and separate Civil Rights matters (police related)! Handled in-house, another attorney - Scott and Colleen, don't like personnel issues. Can't win, always personal. Carvel- Fired everyone in Yonkers, moved everyone in CT. EEO claim - Carvel- in 50's, company moved, ended the case, didn't help him, another machinist job that was depressed, hard when win. IS. What, in your opinion, will be the major legal challenges facing today's local government legal offices? How do these conditions apply to your organization? How might they apply to the Collier County" Budget issue, other things aren't problems anymore. Lack of money will dominate this board for the foreseeable future. Where should put the new library, new landscaping, new EOC, etc., now number of people fire, parks, libraries shut down, get rid of landscaping and medians. All political, blc will impact constituents, will be hard decisions made, and will dominate for I - 2 years. Until real estate market turns around, this will be a hurting org. Traffic won't be an issue, dump trucks aren't slowing roads. No traffic jams. 16. Are there new trends, programs or philosophies within local government law that you would like to explore or utilize? Please describe. Set up well, good computer tracking system, Debbie Allen is good at that. Keeps up with that sort of thing. Tech - very good, excellent computer, scanning system. Personnel issues, main issue. 17. What is your degree of interest in the job of County Attorney? Happy to stay as chief assistant for David for the next 15 years. Fond of David, think the world of him. Being realistic, don't think that the current County Attorney has more than I vote on this commission to remain as the County Attorney. Jeff has 2 choices - sit tight, hope survive the outcome; or apply for the job, have control over his destiny. Think he'll do a good job; current County Attorney is just loyal to a fault to his people. Don't think he has too many options. Vision problem makes things difficult, not taking time off to deal with the matter, retrain himself. Going on for years, no confidence vote - 6 - 8 months ago. Ifhe were able to go somewhere else, it would have happened. Upside - already made that decision when put hat in the ring. Taking a chance, next person may not trust him. Not an issue. 18. What are your salary expectations for this position? Comfortable with range. -~-"' --.~ -._--- Klatkskow Interview - Video Collier County Attorney Search Page 5 of6 Due Diligence Questions 1. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the performance of duties? If so, explain the circumstances. N 2. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so, explain the circumstances. N 3. Have you ever been subject to disciplinary suspension or probation in your adult working career? If so, explain the circumstances. N 4. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N 5. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out-of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits, or allegations of wrongdoing where your personal actions were the cause of a lawsuit.) N 6. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was the outcome of these allegations? N 7. Is there any reason why you could not fully perform the duties of this specific position? N 8. After an offer of employment are you willing to undergo a pre-employment physical if one were required? After an offer of employment are you willing to undergo a pre-employment or random drug screening test if one were required? Are you willing to submit to testing by an organizational/industrial psychologist or management testing firm to determine fitness for duty? y 9. Have there been any accusations or charges made against you based on conflicts of interest, improper behavior or misuse of funds or equipment, or major violations of agency or company policy? (Conduct that is clearly prejudicial to the good order or discipline of your current or past agencies/companies) N 10. Have you ever been convicted of a felony offense? N II. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent you from being bonded or placed in a position of public trust with fiduciary responsibilities? N 12. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions or media organizations with which you have had adverse dealings? Would any of these groups be prone to discredit your candidacy if your dealings with them were to come to public light? N 13. Is there anything in your background that could be construed as potentially embarrassing, unusual, controversial or disqualifYing in nature to a public or non-profit sector employer -- "._-,_.._-----~-"....., ----- Klatkskow Interview - Video Collier County Attorney Search Page 60f6 regarding your past employment status or personal conduct? This would include behaviors, habits or practices that might disqualify you from consideration for this position. N 14. Is there anything about you that could be potentially embarrassing or disruptive to the candidate evaluation process if it were learned at a later time? It is imperative that we hear this infonnation from you now, rather than from an outside source or a negative reference. N You do understand that via your affinnative or negative responses, as the case may be, you are declaring that you are free from any past practices, behaviors, legal encounters or actions that would tend to disqualify you, or inhibit further consideration of your candidacy. If infonnation is omitted now and learned later with regard to these questions, your status as a candidate could be immediately tenninated or relinquished. Next steps: Recommendation of the final 5 to the Commissioners on 2/26. Final statement - Feels that the BCC is either comfortable with him or they want someone else. ._--, -----.- Julie Lee 2/11/088:30 a.m. COLLIER COUNTY ATTORNEY SEARCH Video Interview Questions I. Describe the elements of your experience and professional training that make you the best and most qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the best candidate? Generally a strong attorney and manager. Interest of the govt, exposed in legal and pre-legal career, starting with the maritime career, as a lobbyist. Landed in a company, going to be the rep for hazardous waste. Read through, great experience for her; showed that can do things that she has never done before. Never felt wedded to an area of particular area of law. Moved into a solo practice - criminal, litigation, appellate, never flinched from the challenges in front of her. She moved to the civil litigation area. General civil litigation practice - DC - lots of section 7 work, discrimination cases. Recommended for mgmt as a result of her work with sensitive EEOC work, Human Rights. Moved from there to Public Affairs, not a zoning attorney, core skill sets that got her through that process. Got her through a lot of issues, interpersonal matters, all that she had picked up along the way. Reflected in her resume, can go where she has to go. No real expertise will save you, it's a general practice. After being with DC govt for 18 months, organization had lost a couple of senior attorneys. Management found she had more trial experience than a lot of the senior members of the team. 2/3 high profile, sensitive matters, allegation that officials in the fire dept had coerced female cadets into having abortions. When slot opened up, attorney general asked her to come to the organization. She brought another attorney with her, they proceed in cleaning up the office, had problems in the office with personnel. She handled the office load, went through each of them, evaluating the cases that were good cases and decided how to handle. DC had most varied EEO statute, lots of protective categories, courts had not ruled on any of these. Developed law with a host of issues, charged with interpreting the standards. Where followed the federal model, had to create law, working days/nights, interpreting DC statutes. Exciting, demanding, met that requirement. Set up systems and processes in the legal office, agency was lacking a lot of good systems and processes that were legally sufficient. Moved to handle investigations, train them on how to handle legally sufficient investigations. Dealt with policy, management, sexual harassment policy, conferring with other agencies, govts, develop a best practices policy. Brought to the mayor's office, and successfully defended the policy. While she was doing this, position with the Consumer Affairs came up. Reported to the Attorney General. almost 18 months into her job, large, difficult agency. The staff hadn't been supervised by lawyers, needed to be helped to transition to be a healthy law office. Wasn't looking forward to it, but said she would help. 1" order of biz, built a relationship with the office, poor relations, they didn't like lawyers, etc. they had no choice. Built credibility with the office, clients, dealt with personnel issues, produced the product she was paid to do. Controversial political issues, director was sophisticated, wasn't good at protecting the .-----..."- ,. -,---- Lee Interview - Video Collier County Attorney Search Page 2 of? agency from the outside interests. Where the law came into play, Lee made sure that it was handled appropriately, where he could shift the responsibility for saying no to the lawyers, use the lawyers as the reasoning. Able to get his agenda manageable, that had been difficult for him to do. The director didn't make it with the new mayor, the new director planned to make mgmt changes due to her working more as a General Counsel, not how he was used to doing at previous agency. She won him over, her hard work and zealot status, dealing with ugly political issues, generated prior to either of them coming in their jobs, i.e., condo conversions, navigated her agency, attorney general agency, dealt with allegations of wrong-doing, they got through that. Stayed another 8 - 9 months, helped him deal with a realignment committee, lots of strategic planning. Lots of mgmt issues, nice enforcement wins. When on steady footing, asked to come back into the Attorney General's office, managing senior litigation. Wanted to move to the "real south", kids didn't want to. Went through this for 10 years. Asked to wait for her son to finish high school, found this job on-line. Applied, but settled in the Attorney General's office. Had a call, had a telephone interview, recommended her hire, went to HQ in DC, was recommended to hire her. Offered her the job, about 6 weeks to get down there. Easy call for her to make, let them know she was leaving, had heard her talk about this for a number of years, got to do it. Birmingham is a nice town, went to FL in November (Jacksonville), and was more open/airy, felt easier for her to breathe. Thought she wanted a small town, fairly conservative, sizable middle class, smart people, feel a bit stifled there, want a much different environment, like the way she felt in Jacksonville. Wants a more beautiful area, like outdoors, likes to fish, and wants a different quality of life. 2. What do you feel the primary role of the County Attorney should be, relative to the County Commissioners? The County Manager? Department Directors? Allow them to do the county's good policy biz. Move programs they want to move, do in a legally sound and sufficient manner. Go as far as they need to go under the law, do in accordance with the law. Concern with the org chart, discussion of how to manage competing interests, make the recommendations to have processes in place for when they need to have advice not to compromise the BCC's interest. Continuations of conflicts, attorney-client privileges, sensitive to those types of issues, etc. Understand that she represents the board, firming grasp of what the expectations are. 3. If you were selected/promoted/retained as County Attorney, how would you spend your first 100 days? Getting to know the issues, office and client. Dealing with any emergencies, get to know the stakeholders, getting to know the staff, see what the operational procedures are, ID any weaknesses. 4. Describe your ability and experience in handling sensitive political issues and problems. Use specific examples. See above. 5. Describe the single most significant case that you have handled for your organization. What was the disposition of the case? At what level was it appealed? What was the net operating outcome to your organization? .~~,. "-'- Lee Interview - Video Collier County Attorney Search Page 3 of7 Condo conversion - so many duties of the counsel. Huge condo boom, lots of conversions, dealing with the social, legal issues, people being displaced. Late 90's, politicians got involved, demand to hold developers accountable, following the law. In 2"d year, large conversion by developers. Started in '81, start and register, wait to convert when most marketable. Didn't ask tenants to leave till '05, tenants complained, DCRA - signed off in '80s, other issues like that. Tenants fought with developers. Charged to look at that particular conversion, see if they had the right to do what they had to do. Also facing challenge to long-term practice, sending letter to developers clearing them for converting. If they were only converting 80 vs. 100%, agency had been issuing letters from a program office, saying they were under the percentage allotment. Aggressive oversight chair on city council, they had entertained leg to close the loophole. Moved both issues through the council while they were conducting the investigations. Chair of city council wanted to bring to light, accused of misdoing. Dealing with those issues, she was the agency counsel, walked them through the leg process, law enforcement process, govt privilege issues, embassy matters, admin enforcement of a statute that had never been leg enforced, no admin tribunal capable of handling. Revamped admin hearing process, went to a centralized admin process, not set up to handle the admin challenge. Had to work with the agencies, let them do it this way, pushed it admin, developed a process, and started issuing order, going through all of that, walking through it. Hired a lot of lawyers, won all of the challenge except one. She was guiding the process for her agency. Went back to the AG office, her former bosses, had the case, put it together, dug through years and years of papers, put it together, urged them to sue the embassy, try to stop them, shut this process down. Finally agreed to it, she stayed close to the litigations, tested/pushed and won that conversion, had to start all over again. Huge impact, felt throughout the city, felt throughout the development community, higher expectations, do it right now. Different place right now. Implicated everyone that one would implicate for the council. Provided support and counsel for the director for the new programs, she handled the difficult processes. 6. Describe your management style or the style that suits your best. Have you ever had to manage during a budget reduction? What reductions have you personally had to manage? How did you determine the persons affected in your office? How did you advise the Human Resources organization and Budget Office in handling throughout the organization? Flexible mgmt style. Try to adjust for the circumstances, for the situation, employee dealing with. Called in the last 2 positions, severe personnel problems. Some viewed this as a strength, transitioning an office that is burdened with issues into a functional one. Don't manage in fear, lots of govt managers do. Between unions, political interests that mitigate against taking action. Fair, try to encourage giving that full day's work, comfortable managing in that type of environment. By nature, compassionate, bel ieve III individual rights, keeps her balanced. Manage for the circumstances, employees and manager. Didn't experience while she had control of her own office, most in personal services. W/I agency, DCRA - exec staff, involved in almost everything. Had to manage through budget issues. Deferred to the program and policy people, know staff and employees - don't use RIF to vent or engage in illegal behavior. Make good fair personnel decisions; don't be afraid to do it. Have to make choices, follow process and procedures as much as possible. 7. What specific areas of local government law do you consider to be your primary strengths? Weaknesses? _.~...- ----.....-. -_..._~ _._-,~- Lee Interview - Video Collier County Attorney Search Page 4 of? Managing the law office, giving good strong counsel to senior managers. They confide in her, trust in her, they listen to her. Helps them be confident in making decisions. Wants to be creative, forward thinking, knows they are doing things legally. Managing outside influences on operations. Weakness - when they don't listen, never been driven by issue areas - learn them, rely on staff that know theat. Can eval work in substantive matters, even when don't have the background. 8. Describe your role in establishing your organization's philosophy on matters of labor law, land use, environmental issues, litigation and appeals. Labor law - didn't establish anything, Office of AG, at the forefront as a manager in dealing with the unions. Esp with the attorneys, people were afraid of them. She feels they have their place; don't believe that they should stop managers from functioning. At the focal point of a lot of the union activity. With a lot of grievances, get to the root cause; tell the union that they do a disservice when they bring forth bad grievances. Influenced how they dealt with their union staff, how they should be dealing with. New to everyone, got through that process, active and vocal with that. Union came to her, asking her to negotiate their contract with the Attorney General's office. Would have done it, but moved into management instead. Expressed some concerns to the union with what they were doing. Good relationships with them. 9. How do you manage the timeliness of your offices work? How do you gauge what other Department Directors/County Commissioners feel about the quality of your office's work? Listen to what the client says; listen to what the Attorney General's say. Good judge of good work, poor work. Job is to try to fix it, did a couple of things - DCRA. Came into very difficult offices, people were not performing at a standard - AG, mayor's office, etc. expected. Told that she could fire the entire office if she wanted to. One of the things she saw, expectations were low - product, quality and quantity. Raised that, convinced the attorneys that it was doable. Bread and butter work - issuing enforcement notices, program, brought out template type work. Supposed to be experts - despite the fact that she fought them on it, 2 - 3 months to-do, and sib in V, - 1 day, they didn't want to hear it. Give her a file, read through it, know the standards, convinced them of how it could be done. Cleared backlog - 2 - 3 years. Within the I - 1.5 month, changed the standards. All enforcement notices must be completed within 48 hours of the office when they came in. Tracking system instituted - not sophisticated systems in the office, every assignment were in database, day received, anticipated completion date, actual completion date. Had to work the full 8 hours, put out the work. Larger issues of complacency, raised expectations, holding people accountable for meeting them. Learned to manage, enjoy doing, years of everything done, dad mentoring her, working under a strong/savvy manager, trained manager, strategic planning, his influence, commitment to management staff work at that level. 10. What innovative or special programs has your organization created? What legal challenges have been mounted toward these programs? When lawyers act like non-lawyers, care with exposing the agency to conflicts, sensitive to this. Don't feel their offices created a lot in the outside. As legal counsel, participated in the creation of innovative programs, jump start different programs, doing mass housing inspections - after fires, sat down with program people, and took case law, how to do within the confines of the case law. Move onto people's property, take down illegally built structures. People didn't know how to do under the law. Found a way for housing admin, building code to take actions in shorter actions, give people their due process. Lots of illegal construction, weren't being prosecuted, may have been one person --.--_..- -.-.,." u__ Lee Interview - Video Collier County Attorney Search Page 5 of? arrested for violating the building code. High level discussions at the mayor's office, how to handle it. She was there with the Attorney General office, message the mayor wanted to send. Used her criminal law background, advised to ask the judge for a warrant, dogcatchers - asked for warrant to arrest people. Put her deputy on this, stayed in close contact, put together an avadavat, AG, investigator, deputy got warrant, put up a building. Don't think that a lawyers' work should be too innovative, should be in conjunction with a policy. II. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy on the use of outside counsel? What policies or procedures have been established to regulate the use of outside counsel? Only been in a position to do so, DCRA, AG office. Overseeing their lit, most active GC re litigation blc she was a trial attorney, stayed close to her agency's litigation. When had issues with the trial counsel, had to go the GC to manage. 12. To what degree are you called upon by your organization to meet with outside organizations such as developers, commercial associations, etc.? What significant items have caused you to be utilized in that/those instance( s)? Frequently at DCRA, politically sensItIve agency, moneyed issues, at least 4 - 5 times weekly. Present with community interests, developers, developer's lawyers, individual citizens, agency that drew a lot of attention, very political. 13. What, in your opinion, will be the major legal challenges facing today's local government legal offices? How do these conditions apply to your organization? How might they apply to the Collier County~ Development, economic - everyone wants to see it, lots of moneyed interests. Local govt has to be in a position, withstand them. Urban and suburban areas. 14. What is your degree of interest in the job of County Attorney? Want to have comfortable working relationships with the client, have to be how she feels after speaking with them. Large part will be what her sense is, after walking away. Love public service, considered going to corp side, love to stay in public service, make a better living. IS. What are your salary expectations for this position? High 100s, low 200s is a good starting point. Right range for her. 16. If you were be selected as the next County Attorney, what would be your availability? Are there any other searches you are involved in that will be coming to a decision before the end of March? Ideally, wait to move in May. Like transition time, few weeks, like him to finish school - 11 th grade. He doesn't really like Birmingham. His Dad lives in Tampa, puts him closer to him. Due Diligence Questions 17. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the performance of duties? If so, explain the circumstances. N -. .- _.,- - Lee Interview - Video Collier County Attorney Search Page 6 of? 18. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so, explain the circumstances. N 19. Have you ever been subject to disciplinary suspension or probation in your adult working career? If so, explain the circumstances. N 20. Have you ever been dismissed rrom a position for cause? If so, explain the circumstances. N 21. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out- of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits, or allegations of wrongdoing where your personal actions were the cause of a lawsuit.) OHR - one of the lawyers that was let go, she was named as a witness, but not primary. DCRA - one of references - Nadine Wilborn would have been the AG, settled for nominal amt. 22. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was the outcome of these allegations? Same, L. Bell, Ms. Wilborn would be able to say what happened with this. 23. Is there any reason why you could not fully perform the duties of this specific position? N 24. After an offer of employment are you willing to undergo a pre-employment physical if one were required? After an offer of employment are you willing to undergo a pre-employment or random drug screening test if one were required? Are you willing to submit to testing by an organizational/industrial psychologist or management testing firm to determine fitness for duty? Y 25. Have there been any accusations or charges made against you based on conflicts of interest, improper behavior or misuse offunds or equipment, or major violations of agency or company policy? (Conduct that is clearly prejudicial to the good order or discipline of your current or past agencies/companies) N, but D. Parker - Wooldridge may have filed an unfair labor, EEO complaints - not sure if Julie was named or the actual AG, or Julie. Loved the unions, try to make sure that things were done correctly. Ms. Wilborn could tell anything re her staff. Typical for staff to grieve their evaluations, typical- EEO allegations, certain that she was accused of discrimination against anybody at any time. She was pushing them to work hard. Some stepped up, others weren't able to. --".-. -.-....- -.-..----- '- -..---..-- Lee Interview - Video Collier County Attorney Search Page70f7 26. Have you ever been convicted of a felony offense? N 27. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent you from being bonded or placed in a position of public trust with fiduciary responsibilities? Credit issues, largely linked to the mid-90's, coming out of solo law practice, some issues. Things are fine now. 28. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions or media organizations with which you have had adverse dealings? Would any of these groups be prone to discredit your candidacy if your dealings with them were to come to public light? N 29. Is there anything in your background that could be construed as potentially embarrassing, unusual, controversial or disqualifying in nature to a public or non-profit sector employer regarding your past employment status or personal conduct? This would include behaviors, habits or practices that might disqualify you from consideration for this position. N 30. Is there anything about you that could be potentially embarrassing or disruptive to the candidate evaluation process if it were learned at a later time? It is imperative that we hear this information from you now, rather than from an outside source or a negative reference. N You do understand that via your affirmative or negative responses, as the case may be, you are declaring that you are free from any past practices, behaviors, legal encounters or actions that would tend to disqualify you, or inhibit further consideration of your candidacy. If information is omitted now and learned later with regard to these questions, your status as a candidate could be immediately terminated or relinquished. Next steps: Recommendation of the finalS to the Commissioners on 2/26. ..--..-.-.., - .----,-,- John Turner 2/12/08 9 a.m. COLLIER COUNTY ATTORNEY SEARCH Video Interview Qnestions 1. Describe the elements of your experience and professional training that make you the best and most qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the best candidate? Thanks for opportunity to interview, has been a privilege working for Lee County attorney office for 17 years. Lots of the trial work, Collier and Lee County share a lot of interests. Both counties were among the fastest growing in state and country. Common problems with extraordinary, roads and sewers, environmental protection, water, quality of life issues. Experiences he has had over past 17 years, led him to apply for position, touched and been involved in more detail in these types of problems. Through these experiences, contacts, certain principles, ideas and concepts, form and take to a new level. Already responsible, been involved in a lot of high profile work. See a lot of times these positions are filled through persons with land use, general contract services - detailed experiences. Personally supports having a county attorney with a great of trial experience and background. What it takes to be a trial attorney, not just a litigator, but to win, gain support, to win in front of jury and win on appeal. Very beneficial to a county position, love his job; love the people he works with, loves coming to work every day. Background varied; in 17 years, handled all types of cases, involving other cities, other governmental entities. Prior to coming to FL, private practice, business litigation law firms, boutique - banking, biz related, corp real estate. Prior was a muny judge in Tulsa OK, not just a traffic judge, misdemeanor criminal. lOOK cases/ year with 3 FT judges. Also in private practice in several - general civil work. Mainly the civil, biz fields. 2. What special programs or resources would you suggest the District investigate to enhance departmental activities? Budget. Faced budget reduction - 4% in his office, will have to do 5% next year, and may be further in future years. Assuming will be in same position, revenue budget slashed, cost budget slashed. l;t priority will be going into budget, examine what needs to be done, with that in mind, getting the office to function at its highest possible level. Present to the BCC at the highest level. A ware of the 3 out of 5 rule, assume a collegial body, in making the recommendation for the action that needs to be taken. Wants County Attorney's office to serve as the best possible representation of BCC. Like to have things organized, able to delegate day-to-day operations, then he'd manage the oversight/general direction. John is managing 3 federal cases, with April, May and June trial dates. Lots of work, very controlled, strict for deadlines/timetables with a year notice. Lots of work, getting witnesses organized/prepared, budget set, educating the expert witnesses, while continuing with the other cases also. The most effective County Attorney, in the best org, hires the best, delegates the work then gets out of the way. Wants to make sure that there is an outstanding work product in Collier, want to help them move forward. Budget issues: Staffing decisions - replace people that are retiring/transferring/terminated? Organizational decisions - how to support the client, how to support in the next 6 months to a year. ----., .--.'. .-.- - - -,.~- Turner Interview - Video Collier County Attorney Search Page 2 of7 3. What do you feel the primary role of the County Attorney should be, relative to the County Commissioners? The County Manager? Department Directors? Strong believer in working with county staff, that's how get the work in. They have the problems, issues, i.e. eminent domain for a road or sewer project, issue with code enforcement case. Have to deal with that on a day-to-day basis. Generally dept directors are well-educated, experienced in their fields, well-trained admin, with lots to offer. County Attorney's office should be brought into the loop ASAP. Their office has a good relationship with County Manager in the Lee County office. His office (County Attorney's) has done a wonderful job; Deputy County Attorney attends the County Manager's weekly staff meeting - answers questions, shares info both ways. Relationship is outstanding, open. Never been a time when he hasn't been able to have a discussion with the County Manager and his/her Deputy. BCC - balance the board, know the board, and keep the individual members well-informed on what you're doing. Tendency for BCC to be split into a number of types of Board members: those that may not be too active, not as involved on a day-to-day basis, make them aware of the County Attorney's office activities. Share monthly and quarterly updates of their cases. On the other side, some BCC members like to be active, want an answer quickly, important that each is infonned, kept up to date. There are instances where there is a tendency in public meetings, when BCC members are discussing their pet projects, they may want to engage the county attorney/staff in playing off each other. Explain the position of the attorney, directors, and client is the board of county commissioners. Kept infonned, can deal with it. Assume BCC doesn't like surprises. 4. If you were selected/promoted/retained as County Attorney, how would you spend your first 100 days? No changes in a hurry. Assume that staff and attorneys, are very qualified and responsible; establish a good rapport, not a lovefest; start working on trust with the county attorney's office. Establish a great relationships, detennine who are the attorneys/staff in what areas/their expertise, are they in the right areas, how they can improve. What's been going on in the office, what are the undertones that resulted in getting things to where things are, understand why this happened. Address budget issues: meeting with budget people, find out what are the offices' projections are - can they be resolved with cutting travel, seminars, the ordering books. In Lee County, the 1" Budget workshop is the beginning of June, assume similar in Collier, that there is a short timeframe in which to identity action items. Management model is to keep it simple, establish trust. Review staffs' personnel files, talk to them individually and as a group; assume them that he is not there to cut wood, but to find out how to make the office function better. Deal with emergencies as they come up, i.e., environmental or code issues, interaction with City of Naples, etc. 5. Describe your ability and experience in handling sensitive political issues and problems. Use specific examples. Handled so many, prioritize the cases. Sensitive - involving the charter issue. Lee County was a non- charter county for a number of years, movement by political activists to adopt a charter. Proposed and defeated a couple of times. Problem involving the notice for the publication, charter vote was set aside. Had to defend the county in the litigation. Court ruled in favor of the charter contestants, had to do again. Again it was challenged; next it was the heading, etc. Won in trial, anti-charter appealed to the 20' Court of Appeals. , --,----...-.. '-'--,~ -..... ".-._-,~.. Turner Interview - Video Collier County Attorney Search Page 3 on City of Sanibel, gorgeous community, 1 way to get there, the causeway constructed in the '60s. County wanted to replace, sold bonds for new bridges and causeway; city wanted to retain the "charm". He defended the county, county owns it, city said that the county only maintained. City had to accept the building the new causeway, bridge. 6. Describe the single most significant case that you have handled for your organization. What was the disposition of the case? At what level was it appealed? What was the net operating outcome to your organization? Hired as a trial attorney, to deal with a case involving a local land speculator. Bought and flipped land, based on how he thought the county would build. Smart person, businessperson. Owned property near the airport, wanted the county to acquire certain frontage, sold only parts of it. Speculator said they had to take one piece by eminent domain, he said that he wanted to build a hotel. Thought he had enough relationships with 3 county commissioners, big contributor. He became engaged to and married a person in the County office. 7 different federal judges touched the case. County moved for dismissal, case thrown out. Turner filed a motion for cost of attorney fees, judge acted on it, proceeded to award the county fees and costs. Ultimately the speculator filed bankruptcy. 7. Describe your management style or the style that suits your best. Have you ever had to manage during a budget reduction? What reductions have you personally had to manage? How did you determine the persons affected in your office? How did you advise the Human Resources organization and Budget Office in handling throughout the organization? Reduced budget last year, involved in the discussions. Consensus approach- get input from attorneys that have more a budget with input - i.e., eminent domain, cost accounts established. Get everyone on the same page, working together, nudge them a little, recognizing that people are naturally protective of their areas. If budget being cut, have to feel heard, not singled out. Management style - lead by example, working with the right principles, fight for client's rights, tenacious - hire the best you can, hire smarter than you, give them the tools to get the job done. 4 attorneys in the trial section, he's the only one with a paralegal. Their law office, if have issues, admit it, keep the cases going, don't have other attorneys frustrated by overseeing work. Outside counsel - hired for particular expertise, budget cutting will be affecting. John brought in-house all of the personal injury work, handles personally. Brought in worker's comp defense, was spending $90 - $125K annually, he'll be handling those cases. Handling like a law shop. Careful in the transition to a larger staff. Worked with 2 of the finest county attorneys in FL, over 30 years, now David Owen. Watch them work, almost in Collier's position. Although attorney had resigned, several in office were interested in being the attorney, not the closest of associates. When David (Lee County Attorney) became the attorney, had to handle professionally. Go in; set a tone, that's the way that people react to you. Don't get involved in the negativity or build the reputation of house- cleaning - focus on getting the product to the client, not getting involved in the politics of the county, take a lot of work, lot oflate hours, it can be done. Terminating/layoff of staff - half dozen lawsuits, licensing division - not many building permits being issues. Went through with HR, determine how to layoff, what standards used/followed. Took at least 2 weeks, meetings involvement, giving advice. -- . '._w,. -"'- Turner Interview - Video Collier County Attorney Search Page 4 of7 Not good lawyering to make recommendations, and then have to answer in a lawsuit. Want to keep some distance to defend the claims. 8. What specific areas of local government law do you consider to be your primary strengths? Weaknesses? Strengths - Trial work, litigation, defending or prosecuting cases. Eminent domain to civil rights. Appellate work in several fed, state courts. Number of published works - due process, ad velum estate Weakness - nuances/tech in bonding work, utilities. Outside counsel for bonding work. State agencies work with the utilities, state licensing, etc. County Attorney was in that area, one of his subject matters, knows the details of pennitting, admin code, etc. 9. Describe your role in establishing your organization's philosophy on matters of labor law, land use, environmental issues, litigation and appeals. See above. 10. How do you manage the timeliness of your offices work? How do you gauge what other Department Directors/County Commissioners feel about the quality of your office's work? Try to present ifthe departments are notified on the hours spent on their work. On-going knowledge, info on who's working on what project. Billing reports, department directors notice that the office is building 200 hours per month, can allocate or have questions. Accountability expectation - try to get the client/staff/dept directors in the loop, justify what the hours are. As an attorney, allocate, prioritize, so that they know (staff directors), let the BCC know in a summary overview. ] I. What innovative or special programs has your organization created? What legal challenges have been mounted toward these programs? See above 12. On what major projects or cases are you now working? What is/are the disposition of the cases/issues? See above 13. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy on the use of outside counsel? What policies or procedures have been established to regulate the use of outside counsel? See above 14. To what degree are you called upon by your organization to meet with outside organizations such as developers, commercial associations, etc.? What significant items have caused you to be utilized in that/those instance(s)? Can't recall any. Only one, meeting with some property owners regarding pre-suit, locations of center median cuts, access points on road projects. Explaining where cuts would be made. When people see ,-~_. ._.m.....'__ ~.- .-,-,"".."...- --.."..-- Turner Interview - Video Collier County Attorney Search Page 5 of? proposed construction plans, lots of questions affecting their property. Meeting with developers - only a few, potential litigation issues. 15. What, in your opinion, will be the major legal challenges facing today's local government legal offices? How do these conditions apply to your organization? How might they apply to the Collier County? Related to growth - general topic. Growth involves how to provide the services for the new residents, how will they impact this environment, making it livable. Collier - areas In East, that are environmentally sensitive - Gulf coastline, North part of county, lots of devpt, not sure what road infrastructure CIP, Collier County hasn't been real cooperative with Lee County on proposed widening of 1-75. Lee wanted to establish a board to review widening, creating a toll road. Collier has objected, meetings between the BCC are being held. Authority has been proposed - turnpike. Believes that Collier has issues with the board authority, what their powers are, arrangements for funding, bonding, tolling, etc. Lee - environmental - river releases water, affects on estuaries, coastlines, gets corrected, Lee's dependence on environmental tourism can continue. The releases may impact/damage to many of the back bay areas, major problems. Mining and stonnwater run-off during rainy season, prep for hurricanes. 16. Are there new trends, programs or philosophies within local government law that you would like to explore or utilize? Please describe. See above 17. What is your degree of interest in the job of County Attorney? Personally satisfied with the situation in the office. Concerns - not sure that at this point he would be able to accept an offer. Would have to do due diligence if the office is to be stable. Applied for the job thinking he'd like to go to the next level, didn't know David was still there, and wouldn't want to see him ousted. If David still wants the job and he is in the finalist pool, then John isn't interested. John feels that David is that well- respected in the Fl Association of Attorneys. Heard rumors about the reasoning about the opening of the position, needs to feel comfortable with the BCC and the County Attorney's office. Understands that it's a tough job and situation. John likes the stability of his current org, they are like a family there, likes the collegial environment. 18. What are your salary expectations for this position? Lee County, realistically - 175 - 185K with contract provisions allowing for increases following goals. 19. [fyou were be selected as the next County Attorney, what would be your availability? Are there any other searches you are involved in that will be coming to a decision before the end of March? Would not be able to come to the organization until after the trials are resolved, in the June timeframe. Due Diligence Questions ~--,--.----'~ -,--------~"._-,., ---.- Turner Interview - Video Collier County Attorney Search Page 6 of? 20. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the perfonnance of duties? If so, explain the circumstances. N 21. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so, explain the circumstances. N 22. Have you ever been subject to disciplinary suspension or probation in your adult working career? If so, explain the circumstances. N 23. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N 24. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out-of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits, or allegations of wrongdoing where your personal actions were the cause of a lawsuit.) N 25. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was the outcome of these allegations? N 26. Is there any reason why you could not fully perform the duties of this specific position? N 27. After an offer of employment are you willing to undergo a pre-employment physical if one were required? After an offer of employment are you willing to undergo a pre-employment or random drug screening test if one were required? Are you willing to submit to testing by an organizational/industrial psychologist or management testing finn to detennine fitness for duty? Y - but hasn't received the Career Navigator test. Sent note to Troy/Amanda, will be resent. 28. Have there been any accusations or charges made against you based on conflicts of interest, improper behavior or misuse of funds or equipment, or major violations of agency or company policy? (Conduct that is clearly prejudicial to the good order or discipline of your current or past agencies/companies) N 29. Have you ever been convicted of a felony offense? N 30. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent you from being bonded or placed in a position of public trust with fiduciary responsibilities? N 31. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions or media organizations with which you have had adverse dealings? Would any of these groups be prone to discredit your candidacy if your dealings with them were to come to public light? N 32. Is there anything in your background that could be construed as potentially embarrassing, unusual, controversial or disqualifying in nature to a public or non-profit sector employer regarding your past employment status or personal conduct? This would include behaviors, habits or practices that might disqualifY you from consideration for this position. N 33. Is there anything about you that could be potentially embarrassing or disruptive to the candidate evaluation process if it were learned at a later time? It is imperative that we hear this infonnation from you now, rather than from an outside source or a negative reference. N "-" .__n - u~.__ Turner Interview - Video Collier County Attorney Search Page 7 of7 You do understand that via your affinnative or negative responses, as the case may be, you are declaring that you are free from any past practices, behaviors, legal encounters or actions that would tend to disqualifY you, or inhibit further consideration of your candidacy. If information is omitted now and learned later with regard to these questions, your status as a candidate could be immediately terminated or relinquished. Next steps: Recommendation on 2/26 to the BCC -~,- .. ......-,...-., -..---..------....--.---.' - -----._-- David Weigel 2/11/08 12:45 p.m. COLLIER COUNTY ATTORNEY SEARCH Video Interview Questions 1. Describe the elements of your experience and professional training that make you the best and most qualified individual to become (remain) the Collier County Attorney. What distinguishes you as the best candidate? For 22 years, significant practice in govt law in Indiana - state, port commission, state board of property tax, attorney general, in court all over the state. Several cases on appeal, at the time came to FL, passed the bar, and had 6.5 yr govt law. Spent 2 yrs in private practice with general practice, concentrating in family law, health and rehab services, child support, probate, general biz law incorporations, property matters. When county attorney subject to expand from 3 to 4, selected in '85. Immediately involved in ordinance, local leg, assignments with county govt. In '88, appointed chief assistant; after 9 years, county attorney left, board selected him w/o going outside. Managed the office, chief assist for many years, budgetary review and submittal's, acquainted with county policy, changing with 5 base commissioners, diff county attorneys. Had opportunity to fine- tune, work with the commissioners and manager, county heads, includes land use practice, supervision of attorneys in that proactive, sheriff, supervisor of elections, chief assistant, work with. Property appraiser and tax collector, knowledge - institutionally and all of the elected officials. Same for muny, Naples, less with Marco Island, muny activities - annexation, incorporations, navigation on the Naples Bay, very involved with as well. 2. What do you feel the primary role of the County Attorney should be, relative to the County Commissioners? The County Manager? Department Directors? Counsel to them, although the commissioners provide the elected board, policy, see to it that the policy established is effectively implemented, closely with the County manager too. Developed a sophisticated request for legal services - tracking, keeping up on issues, timeliness of response. Subject to receive requests - casual - telephone, paper - request for legal services, convert requests - date/time/issuer/requester/priority . Pro fonna response - w/I 10 days. For commissioners - faster response time. System - Client Profiles - file and track info - past and present, great for document retrieval, filed with subject matter, very good, 2"d to none - lawyer office capability, responding to issues. F ACA - listen to nuances that may be incorporated, 3. If you were selected/promoted/retained as County Attorney, how would you spend your first 100 days? Assimilation of budget, policy of Board and County manager. May require a consolidation of Human Resource that may affect the office. Looking at support staff and attorneys. Looking at retirement, separation of both, looking at the results of the work during this happening. Involved in significant litigation - pursuant with the board's approval- activities. Clerk of Courts - Board, BCC, application of constitutional and statutory law, clerk believed to be interfering with the actions of the board, on appeal ".,"'" - ..~.. '-"----"- Suggested Interview Questions - Video Collier County Attorney Search Page 2 of? right now. Involving fiscal matters, contest in the courts, subject to go to trial in mid-March, involved Associations of County Attorneys, Field ofthe Court brief, FACO, keeping them involved apprised of the statutory views of the BCC, application to the county govt to the state of FL. Bert Harris claims - private property rights - land use decisions - working through those, no trial in sight at this time. Important to the BCC, expanse, landowners - rights have been trampled with the BCC. Scores of eminent domain cases, rights of way, water/sewer/road development. Working with County Manager's support staff, significant amounts of parcels of land. Looking at the process to see what the board wants. Know loopholes in legislation, mandates on counties, more expressly stated what they are looking for. Bounds of ethics, to the extent they are looking for these things, look for the client satisfaction they are looking for. 4. Describe your ability and experience in handling sensitive political issues and problems. Use specific examples. He doesn't smooze, does not have the political nature. He provides discrete advice, at both board meetings and individual discussions. Attempt not to be involved in political issues. Do not articulate, utilize personalities relative to the advice that he gives. He tries to take down the middle, provide unbiased legal advice. Use Florida association of county attorneys, i.e., hypothetical questions to help them deal with specific issues. Clerk case - his practice, practice of the attorneys, approach professionally, not being involved in personalities and issues, provide best advice, make informed decisions, not looking to spend a lot more time and money getting to the issues they are supposed to make in court. A void excessive aspects of litigations, handling things with sensitivity and correctness. Some issues - muny - potentially become explosive through the media; don't use the media for its own breast- thumping. Client's prerogative, they are very circumspect regarding that. 5. Describe the single most significant case that you have handled for your organization. What was the disposition of the case? At what level was it appealed? What was the net operating outcome to your organization? Clerk case - in favor of Collier County, on appeal right now. State clerk's association is supporting the court, not the appellate, they are the appellate, defining through the courts, what the legal processes are for the clerk, interact, and interface with the BCC. Great pride, completed with just I Assistant County Attorney, I outside attorney, decisively won at the trial level, continuing to handle prof, add'l appeals; clerk used 6 attorneys, 6 times the expense, processing of these lawsuits. Fiscally and admin came to successful trial court, point where on appeal, looking forward to the appeals. Years ago, land use cases - ultimately, major case settled by the board, determined prior to stick with the detennination. BCC went against his advice, gave straight-forward advice regarding potential for litigation, insurance paid for the damages. 6. Describe your management style or the style that suits your best. Have you ever had to manage during a budget reduction? What reductions have you personally had to manage? How did you detennine the persons affected in your office? How did you advise the Human Resources organization and Budget Office in handling throughout the organization? Bi-weekly staff meetings to share info, used to use periodic retreats, at their own expense. More recently, consistently, chief assistant county attorney, assisted in the role of administrator, using a strong office manager, terrific in looking at support staff, perfonnance, periodic evalations of the requests for legal services, see if there are any lagging issues, and maintain consistent and timely -... -'-"- ..u.."._ Suggested Interview Questions - Video Collier County Attorney Search Page 3 of7 response. Client profiles, how to deal with certain task - file numbers or subject matter retrievals. Annual eval of employees, broken into trimester reviews. Determine what is good, issues needing attention. When final review, ultimate rating/scoring, learn from collegial discussions of the course of the year. Budgets are tight, watching things closely, no control over - outside counsel costs. Go to board, budget conservatively developed, request at a later time. Pre-infonn of issues that will occur, they know that he doesn't pad his budget, keeps pretty close. Perfonnance measures - differentiated, probe more in-depth where there are issues. Clients - dept directors or division admin - receiving back complaints from them. Part of their mantra - want to achieve client delight, not merely satisfied, instead delighted with what they are doing. May not get the legal response that they want. Part of their response and relationship - if tell them no, try to tell them how to get to yes. Current Situation - not delighting client or David as the County ATtorney. Ultimately may leave the office, their style wasn't working with his style. Attorney or 2, may have to retire. He prefers to use their strength, i.e., they may not have good "bedside", consultative manner, but may be good at writing, legal memoranda, play on the strengths of attorney, avoid the friction with clients - supervisor or dept. failed repeatedly to adopt measures that make the contracts achieve a faster standard of review. He and chief or managing assistant, provide a separate view, how the client and attorney can achieve better working relationships, may involve training or intervention. Less than full staff, perfonning pretty well. Recently had attorney retire, with their county, city attorney, counsel to the public service commission. Part of his concept of office mgmt and collegial employment, those that have knowledge, share with others. Allows office to shine, flexibility for more than one person to provide insight, this is how they manage with the recent retirement. Tapped some of his resources before he left, working with the client, working with the utility, build back expertise in the office, working with the client tor any necessary outside specialist, outside counsel, can save the county money in the short-term. Look at these things, any discussion, concept - adding, further reductions, based on sig degree on perfonnance measures to date, vs. length of time in the office. 7. What specific areas of local government law do you consider to be your primary strengths? Weaknesses? Strengths - taxing districts, muny service benefit units, sunshine law, public records act, state and county ethics laws/ordinances, and contract law. Land use, strong, but manage staff that is more expert in that area. Comfortable in making recommendations to the BCC. Muny finance re capital financing, typically use outside counsel, disclose counsel. 8. Describe your role in establishing your organization's philosophy on matters of labor law, land use, environmental issues, litigation and appeals. Labor law - knowledgeable of, works with statutory requirements - fed and state, are some elements that are unionized, very familiar - collective bargaining, constraints of procedure concerning contracts and the fonnation of unions. ---"'--"- - ...._---. --.'.---- Suggested Interview Questions - Video Collier County Attorney Search Page 4 of? Land use, attorney, closely aligned with growth management - '85 act created, followed 163 of Fl Statute, pursuant - growth mgmt plan, comp plan, land development regs and codes, subject to amendment, never ceases, year to year. Environmental issue - dept is part of Community Development, attorneys work closely with this staff, pennitting issues, land use changes requested by prop owners, have to be very knowledgeable re the requirements of the state, county in the devpt of their own props, work with the state, south Florida district, occasionally involved in pennit related hearing, Dept of Community Affairs, policy is to provide service at the state and district pennitting level. County's own growth management issues, including own county's growth management issue. Litigation - most handled internally, have different area - significant - real property acquisition, eminent domain lawsuits, and convinced local govt - 5 dependents on a single lawsuit. Piggyback and save thousands in lawsuits, capsule together, worked out very well. Lots of lawsuits in that area, all handled in -house. Appeals - Clerk - using I outside counsel to assist them, also doing same with Bert Harris Property, also use for general matters, assists as specialists in local govt law, also outside bond counsel. Have used since before he came to the office, also used for the FI Association of Counties. Another finn, specialist in construction law, major construction litigation, currently using in a road construction case. Also a contract law utility case. Utilities dept has hired their own outside - consumptive use pennitting process, external that had political contacts as well, not at taxpayer but ratepayer expense. 9. How do you manage the timeliness of your offices work? How do you gauge what other Department Directors/County Commissioners feel about the quality of your office's work? 5 yrs ago, looked to the outside, asked for external review - perfonnance audit, used Florida Bar, provide a report, pleased to receive the report, very favorable in management and accountable, light years ahead of other offices, i.e., document tracking, edification of processes in place. Provided ideas to implement to work better - report was very salutatory to them. Not sure of the results of the process improvement status. At the moment, can't recall. 10. What innovative or special programs has your organization created? What legal challenges have been mounted toward these programs? Don't submit for national awards - public records - several years provided seminars/lectures, asked to provide to the airport authority - Naples, School Board, etc. Personally, he and other attorneys, make available for BCC meeting with external groups, provide info II. On what major projects or cases are you now working? What is/are the disposition of the cases/issues? See above 12. Estimate your use of external counsel by both dollar volume and case area. What is your philosophy on the use of outside counsel? What policies or procedures have been established to regulate the use of outside counsel? ".__.~ --..- -"-~..,, ----- Suggested Interview Questions - Video Collier County Attorney Search Page 5 of? See above 13. To what degree are you called upon by your organization to meet with outside organizations such as developers, commercial associations, etc.? What significant items have caused you to be utilized in that/those instance(s)? Outside homeowner groups, rotates within attorneys, probably - a meeting every 2 - 3 weeks in the field, either with constituents, presence of commissioners, or responding to a request to meet with a homeowner's group. Periodic and relatively constant. 14. What, in your opinion, will be the major legal challenges facing today's local government legal offices? How do these conditions apply to your organization? How might they apply to the Collier County? Budget issues - size of the office, ability to provide client support. Other issues, growth and services. Constantly looking to see if they can find ways for the local govt to respond to legislation - unfunded mandates for local govts. Look to other county attorney offices, been an officer for many years, with the leadership. From that comes with the close relationships, apply legal forces - research and response, lawsuits that affect all counties, learn about those things. Demand among them, to be as knowledgeable as they can. Work with the county manager - implement policy, BCC creating policy, deal with loss in housing sales, reduction in construction - residential, commercial, loss in fees, not coming in right now. 15. Are there new trends, programs or philosophies within local government law that you would like to explore or utilize? Please describe. See above. 16. What is your degree of interest in the job of County Attorney? Enthusiastic about this work, enjoyed the opportunity to work for this local govt, perhaps from talking with him, tried very hard to make sure what turns forward through himself and the supporting attorneys - quality work, not politically biased for the client to make infonned decisions. Like whom he works with - county attorney's office and the BCC. Appreciate the chance to work as county attorney, or stay in the office in another role, have historical knowledge that will be helpful further. Due Diligence Questions 17. Have you ever been subject to a question of ethics, malfeasance or misfeasance in the perfonnance of duties? If so, explain the circumstances. N. 18. Have you ever been investigated or censored by a grand jury, board of inquiry or similar body? If so, explain the circumstances. N 19. Have you ever been subject to disciplinary suspension or probation in your adult working career? If so, explain the circumstances. N _........,"-, -..--. ""----."-.- Suggested Interview Questions - Video Collier County Attorney Search Page 60f7 20. Have you ever been dismissed from a position for cause? If so, explain the circumstances. N 21. Have you ever been subject to civil or criminal lawsuits for which there was finding of fault, an out- of-court settlement, fine or other restitution granted? (This includes any EEO complaints, civil suits, or allegations of wrongdoing where your personal actions were the cause of a lawsuit.) Generally no; '73, Indianapolis - used car that he sold him. Sold it to him $1250, may have paid him back $200 - 250 to settle the claims. 22. Have you been the subject of any EEO, sexual harassment or discrimination complaint? What was the outcome ofthese allegations? N 23. Is there any reason why you could not fully perform the duties ofthis specific position? Don't think so, visually impaired, have been functioning in the position at the present time. Reasonable accommodations/assistance needed. 24. After an offer of employment are you willing to undergo a pre-employment physical if one were required? After an offer of employment are you willing to undergo a pre-employment or random drug screening test if one were required? Are you willing to submit to testing by an organizational/industrial psychologist or management testing firm to detennine fitness for duty? Y 25. Have there been any accusations or charges made against you based on conflicts of interest, improper behavior or misuse offunds or equipment, or major violations of agency or company policy? (Conduct that is clearly prejudicial to the good order or discipline of your current or past agencies/companies) N 26. Have you ever been convicted of a felony offense? N 27. Have you ever been subject to bankruptcies, poor credit or financial insolvency's that would prevent you from being bonded or placed in a position of public trust with fiduciary responsibilities? May have had credit issues in years' past, medical issues; no known problem with bonding. "---' -~._- - .....-- ..------- Suggested Interview Questions - Video Collier County Attorney Search Page 7 of? 28. Are there any special interest groups, citizens, employee groups, collective bargaining groups/ unions or media organizations with which you have had adverse dealings? Would any of these groups be prone to discredit your candidacy if your dealings with them were to come to public light? N 29. Is there anything in your background that could be construed as potentially embarrassing, unusual, controversial or disqualifying in nature to a public or non-profit sector employer regarding your past employment status or personal conduct? This would include behaviors, habits or practices that might disqualifY you from consideration for this position. N 30. Is there anything about you that could be potentially embarrassing or disruptive to the candidate evaluation process if it were learned at a later time? It is imperative that we hear this information from you now, rather than from an outside source or a negative reference. You do understand that via your affirmative or negative responses, as the case may be, you are declaring that you are free from any past practices, behaviors, legal encounters or actions that would tend to disqualifY you, or inhibit further consideration of your candidacy. If information is omitted now and learned later with regard to these questions, your status as a candidate could be immediately terminated or relinquished. Next steps: Recommendation of the final 5 to the Commissioners on 2/26. ~---- -<'--.'''~''--~ ---"---..--". --"--'"-- FRoi1 : ANDREA FAX NO. :2153971225 Feb. 152008 10:17AM P2 IriI WATERS-OLDANI iii EXECUTIVE RECRUITMENT A Division of The Waters Consulting Group, Inc. Table of Contents 1. Final Process Overview 2. Sample Final Process Schedules 3. Sample Candidate Welcome Letters 4. Job Offer Considerations 5. Sample Final Candidate Offer Letter --........ ... -.'--~_._..~--~~---,~._.,"--~."_..^. -_.'-._-- FROM :ANDREA FAX NO. :2153971225 Feb. 152008 10:17AM P3 Final Process OveMew Waters-Oldani Executive Recrnianent Page 2of27 FINAL PROCESS OVERVIEW AND ACTION ITEMS , The period prior to candidates' arrival is the time when the search process transitions from Waters-Oldani to the hiring agency's process. This is also a critical time for the agency to establish and present itself in the best possible light. Waters-Oldani's Final Process can be tailored to be either a one-day. or two-day process; with the first day of a two-day process consisting of a candidate orientation process and the second day set aside for candidate interview(s). Generally, the candidates arrive the evening before the overall process begins. Outlined below is a description of actions items for the hiring agency (e.g. city, county, department, etc.) to complete prior to the final process and a description of those items to be completed by Waters-Oldani Executive Recruitment. Waters-Oldani Responsibilities include the following action items: }> Telephone invitation and confirmation of participation by all final candidates. Will be followed up with e-mail to each candidate. >> Compilation of candidate itineraries and communication of candidate arrival information to the hiring agency. }- Facilitate comm.unication between candidates and the hiring agency with regard to potential date/time conflicts, specific information regarding participation of spouse/significant other, and any other problems or issues that may arise. }> Provision of sample materials to the hiring agency and assistance in developing f'mal process schedules, suggested interview questions and job offer considerations. Tbis information will be provided in a booklet format for the hiring agency to have on hand at all times. }> Assistance in development of candidate biographieslS1.l11llIUlries to release for media purposes andlor recomm.endations for guidelines on when and what information to release with regard to the final candidates. Hiring Agency's Responsibilities include the following action items: )> Many hiring agencies prefer candidates' spouses/significant others to participate in the final process. If spouses/significant others are invited to participate, the agency will need to develop a separate orientation agenda for them. The agency will also need to communicate this preference to Waters-Oldani early in the process. --~.__.._._...- ~~^. ...,~-"._-,....._.,,_.. -..----.-.-- FROM :ANDREA FAX NO. :2163971226 Feb. 152008 10:18AM P4 Final Process Oveme\V Waters-Oldani Executive Reo:uitmenl Page 3 of 27 )- Candidates should be sent a welcome packet at least three days prior to the start of the final process. These packets should include the following information: 0 Welcome letter from the hiring manager, chief administrator or Mayor and City Council 0 *Background information, Le, Chamber of Commerce information regarding the community, as well as Aruma] Reports and/or Budget Summaries on the agency 0 *Strategic Plan, Annual Goals 0 *Past audit documents 0 Agenda for the two-day process 0 Reimbursement forms/procedures and hiring agency's contact person's name, ernail address and telephone numbers (include cellular phone number) 0 The names of ManagerslDirectors or panelists who will participate in the process or be responsible for escortinglhosting the candidates (and partners), as necessary. *Can also be provided during orientation. )- Typical1y, candidates make their own airline travel arrangements and the hiring agency reimburses them directly. Clear and specific instructions for reimbursements, along with any per diem rules, ",ill need to be provided prior to the trip. )- The hotel accommodations during the final process period should be made by the hiring agency for both the candidates and the Lead Consultant(s). These expenses are billed directly to the client agency. )- Candidates should also receive specific instructions regarding transportation arrangements to and from the airport, as well as the various meeting places (this can be in the form of shuttle service, car rental or sending a representative of the agency to transport candidates). ) In addition, candidates should receive the ruune and telephone number of a contact person with the hiring agency to help facilitate their visit. Emergency contact for the hiring agency should include e-mail, office, cell and/or home phone for after hour contacts. ,..~-_._..- .----.-- -, --<-_.- FROM :ANDREA FAX NO. :2163971226 Feb. 152008 10:18AM P5 Final Process Overview Waters-Oldani Executive Recruitment Page 4 of27 EXAMPLE ONE DAY Process Candidate Interview & Tour Schedule Thursdav. November 4: 7:30 a.m.-8:00 a.m. Orientation/Welcome for candidates, Conference Center, Room 103 (Consultant/Client) 8:00 a.m.-8:30 a.m. Interview panel orientation, Conference Center, Room 101 (Consultant) Room IOI-Panel #1 Room lO3-Panellf2 8:30-9:30 Candidate A Candidate B 9:30-10:30 Candidate B Candidate A 10:30-11 :30 Candidate C Candidate D 11:30-12;30 Interview panel lunch in Room 101, candidate free time 12:30-1 :30 Candidate D Candidate C 1 :30-2:30 Candidate E Candidate F 2:30-3:30 Candidate F Candidate E 3 :30-4:45 Interview Panel Debriefing, Room 101, with Consultant 8:00 a.m.-l0:30 a.m. Tour of community, candidates D, E, and F 1 :30 p.m. - 4:00 p.m. Tour of community, candidates A, :8, and C (meet outside in front of Conference Center for tours) 4:00 p.m.-7:00 p.m. Candidate free time 7:00 p.m. - 9:00 p.m. Reception for candidates, City Management and Councilmenlbers Hilton Hotel, North and South Forty Room _.._-~-_. - --_.-_.."_..'~'-"'-" ----.- FROM : ~DREA FAX NO. :2163971226 Feb. 15 2008 10: 19RM P6 Final Pwa:u Overview WllteD-Oldani Executive Recruitme:!lt Pro.ge 50f27 EXAMPLE Sample Two.-Day Process (Candidates) !!!I..l 7:30 a.m. -8:00 a.m. Continental breakfast 8:00 a.m. - 8:30 a.m. WATERS.OLDANI Orientation (this can take place the evening before if candidates' travel arrangements can accommodate) _ logistics, Q & A 8:30 a.m. - 9:00 a.m. Welcome Address - Mayor, City Administrator and/or Hiring Manager as appropriate 9:00 a.m. - 2:00 p.m. Presentations by staff, city department heads and/or direct reports to the position. Department stakeholders should be considered for the orientation proceS$. 2:00 p.m. - 4:00 p.m. Tour of community, facilities, following completion of orientation "'4:00 p.m. - 5:00 p.m. Interview Panel's orientation/question review with WATERS-OLDANI representative 6:00 p.m. - 7:30 p.m. Reception (community fonun can also be scheduled ifappropriate) 7:30 p.m. - 9:00 p.m. Dinner (i.e., Council. Mayor, select Departmental Managers and. candidates/partners) .Note: If possible, Waters-Oldani (WATERS~OLDANr )sbould have approximately one to one and one-half hours of Interview Panel orientation prior to any social functions. Jaa 8:00 a.m. - 8:45 a.m. Finalization of Interview Panel(s) questions/methodologies E.ollJn.a i!.2QmJl Panel Interviews Individual Interviews (Hiring Manager(s) 9:00 a.m. - 10:00 a.m. Candidate A CandidateB ~. ~ - .- -. Final Pro~5S Overview Witers-Oldani Executive Recruittnetlt Page 6 of27 11:30 a.m. -12:30 p.m. Interview Panel Lunch Candidates free or , d' 'dual" 't!, 1D lVI pamngs WI Department Directors ]N~ ~.m. -1~1~ p.rn CIDuiaare C Canwaa1e D .-. ,~-- .. ~... ....-... ~-~~_.- - .,,- ~~.-""'_._. ,-.-,-"- -..-. -'-"~~">: "''''''''',':-~'~-' ~(,_"._~.,.. : _.__... .._ ..m. "",~~~~_~JlL~~~9mlJo 1l~." ..~._.._---'-_....- ___m______.." ..~~---.. ,. ------,- FROM :ANDREA FAX NO. :2163971226 F~b. 15 2008 10:20AM P1 Final Process Overvic'W Woters-01dani Executive Recruitment Poge 6 of 27 11 :30 a.m. - 12:30 p.m. Interview Panel Lunch Candidates free or individual pairings with Department Directors 12:30 p.m. -1:30 p.m. Candidate C Candidate D 1 :45 p.m. - 2:45 p.m. Candidate D Candidate C 3 :00 p.m. - 4:00 p.m. Candidate E Open 4:15 p.m. -5:15 p.m. Open Candidate E 5~30 p.m. - 6:45 p.m. Interview Panel(s) Debriefing Sample Two-Day Process (Spouse/Significant Other) If spouses/significant others are invited, they should be included in the reception and dinner sessions on Day 1. In addition, they should have their own agendas, such as the following, depending on the composition of the group. l!!tl 8:00 a.m. - 9:00 a.m. Welcome breakfast (hosted by assigned staff or key community leaders) 9:00 a.m. -11:30 am. Presentations by representatives of the School District, Board of Realtors (re property values and availability; and Chamber of Commerce on jobslbusiness opportunities. 11:30 a.m. -1:30 p.m. Lunch/Ptesentation by HR representatives on benefits, etc. 2:00 p.m. - 4 p.m. Community tour either with or separate from candidates 6:00 p.m. - 7:30 p.m. Reception (with spouse/significant other) 7:30 p.m. - 9:00 p.m. Dinner (with spouse/significant other) Dav2 '--~-"-' "....~-- ~----------_.,.'--,...._, -....',-. FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:20AM P2 Final. Process Overview Waters-Oldani Executive R~tment Page 7 of 27 Individual tours with realtors, specific neighborhoods, school visitations. As an option, individual meetings with career counselors can be offered, if appropriate. The hiring agency may want to assign a hostJhostess to ensure that spouse/partner needs are reasonably accommodated, especially if interviews take place over a weekend. Note: Waters-Oldani can provide samples of welcome letters, activity schedules/interview notices or additional information that could assist you. However, each client typically desires to imprint their own style in terms of volume of material, nature/type of letters, etc. We will do our utmost to accommodate your special needs or interests. Note: Dependent on the level of the position(s) being recruited, the hiring agency may want to place a gift basket (fruits, nuts, candies), a giveaway gift like a "key to the City", t-shirts/hats or similar items as an additional welcome item in the room. Historical books Or photograph albums, if already published, are also good ideas and reflect pride in the community. -_.,_._---_.._--~ --.-.--..,--- --._'-- FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:21AM P3 Final Process Overview Waters-Oldani Executive Rocruitmcnt P~ge 8 of 27 EXAMPLE Welcome Letter (1) Candidate Name May 6, 2004 Home Address City, State ZIP Dear Mr. , First, let me offer my personal congratulations on your selection as one of six fmal candidates for the position of Executive Director of the Port of Oakland. I would also like to thank you for your participation as we move forward to the next step of the process. A special meeting of the Board of Port Commissioners will convene on Friday May 21st in the Port of Oakland's Board Room to conduct candidate interviews. Your interview is scheduled to begin at and will last approximately sixty minutes. Reservations have been made at the Waterfront Plaza Hotel for Thursday May 20th and Friday May 21't, under the name "Dan Westerlin". You may change this to your name upon arrival at the Hotel. The Hotel is conveniently located in Jack London Square directly across from the POIt of Oakland's offices and may be contacted at (510) 836- 3800. Additional information is available at www.waterfrontn1aza.com. Please make your travel arrangements as necessary to be available for your personal interview. You will be individually escorted from your hotel room to the Board Room approximately ten minutes before the scheduled interview time. The Port of Oakland will fully reimburse you for coach class airfare to Oakland International Airport, additional transportation costs, and meals related to your travel for the selection process. We will discuss the reimbursement procedures during your stay in Oakland. Enclosed you will also find basic background information on the Port of Oakland that you may find useful. Additional information is available on the Port's web site at www.nortofoakland.com. 0-'''-- ..-.._--,<~- M.~___~'- -_._-_..~._----- FAX NO. :2163971226 FEb. 15 2008 10:21AM P4 FROM :ANDREA Final Proce., Overvi<w Worer,-Oldani Executive Recruitment Page 9 of27 The week of May 10'" I will be traveling on business, returning to the office on Monday May 17th. If you have any questions or require coordination in the meantime, please feel free to contact Mr. WOER Consultant directly. You may also contact me via email at. Again, congratulations, thank you for your participation, and may 1 wish you the very best. Sincerely, Executive Director - ----~~,_..,' "--..---.-.. FROM :ANDREA FAX NO. :2153971225 Feb. 15 2008 10:22AM P5 Final Proce." OvernLw Waters-Oldani Executive Recruitment Page 10 of 27 EXA,MPLE WelCQme Letter (2) Candidate May 11th, 2004 Home Address City, State ZIP Dear Candidate First, let me offer my personal congratulations on your selection as one of five final candidates for the position of City Administrator of the City of Long Beach. I would also like to thank you for your participation as we move forward to the next step of the process. A special meeting of the City of Long Beach City Council will convene on Saturday June 12m in the City of Long Beach Train Depot to conduct candidate interviev,ls. Your interview is scheduled to begin at and will last approximately sixty minutes. Reservations have been made at the Boreas Bed and Breakfast for Thursday June 10th and 11 th under the name" n. You may change this to your name upon arrival at. Boreas is conveniently located at 707 North Ocean Beach Boulevard and 6 blocks directly north from the City of Long Beach City Hall. Boreas may be contacted at 360-642-8069 or toll free at 888-642-8069. Additional information is available at htto://www.boreasinn.com. Please make your travel arrangements as necessary to be available for your personal interview. You will be individually escorted from Boreas to the Train Depot approximately ten minutes before the scheduled interview time. The City of Long Beach will fully reimburse you for coach class airfare round trip to Portland (Oregon) International Airport (PDX), additional transportation costs, and meals related to your travel for the selection process. We will discuss the reimbursement procedures during your stay in Long Beach. Enclosed you will also find basic background information on the City of Long Beach that you may find useful. Additional information is available on the Visitor's Bureau web site at www.funbeach.com. You will be on your own on June 10th. If you require or need special dietary meals, vegetarian meals, please contact City Hall at 360-642-4421 (Linda Bledsoe or Sandy Alves) to make arrangements. '---'--" --,-,.',~_. --,-,.._- -'-'-~-'-'--' FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:22AM P6 Fin21 Process Overview Watt.~r~-Oldani Executive Recruitment Page 11 of 27 Your personal itinerary is enclosed for your review. In summary, the process will include: . Candidates and spouses arrive at lodging: June 10 Boreas Bed and Breakfast . Candidate orientation with city staff: June 11 Long Beach Train Depot . Candidates and spouses tour community: June 11 Long BeachlIlwaco vicinity . Candidates and spouses dinner w/ city council: June 11 Location to be detennined . Candidates interview with council: June 12 Long Beach Train Depot If you have any questions or require coordination in the meantime, please feel free to contact Mr. WOER Consultant directly. You may also contact me via email at ken4ulb@vahoo.com Again, congratulations, thank you for your participation, and may I wish you the very best. Sincerely, Ken Ramsey Mayor of Long Beach - ..---.-.-"---... 0' ."_......._..___,"_,_~___~~___~.... .--------- FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:23AM P7 Final Process Overvie-..v Wlilters-Oldani Executive Recruitment Page 12 of 27 City of Long Beach City Administrator Recruitment .June 10to, 11th, 12th, 2004 Thursdav. June 10 7:00 PM Candidates orientation with WOER Consultant, Long Beach Mayor Ken Ramsey at Boreas Fridav. June 11 7:30 a.m. Continental Breakfast (coffee, fruit, muffins) available at Long Beach City Hall for interview participants. Meet Department Heads and City Staff. 8:00 a.m. City Hall administrative (court staff, administrative staff) 8:30 a.m. Finance Director 9:00 a.m. Community Development Director 9:30 a.m. Water!Sewer Supervisor 10:00 Break 10:00 Streets!StormwaterlParks Supervisor 10:30 Police Chief 11:00 City Attorney 11:30 President, Pacific County Friends of Lewis and Clark 12:00 Noon Candidates Lunch with Mayor and Department Heads 1 :00 p.m. Executive Director, Long Beach Visitor's Bureau 2:00 p.m. Editor, Chinook Observer 2:30 p.m. Candidates and spouses tour City of Long Beach and nearby enVIrons 4:00 p.m Council meets with WOER Consultant at City Hall for review 4:30 p.m. Candidates return to Boreas Bed and Breakfast "-"-~_.,_..._- "._.."~. .~---""' -~._.--.,.. n..___.____ FROM :ANDREA FAX NO. :2153971225 Feb. 15 2008 10:23AM P8 Pinal Process Ove1"View Waters-Oldani Executive Recruitment Page 13 of27 6:00-7:30 p.m. Dinner with candidates, spouses, council and mayor Spouses' Orientation Saturday, June 12'b 10:00 am Linda Rotmark, Executive Director, Pacific County EDC: Pacific County employment opportunities 11:00 am Tom Lockyer, Superintendent of Ocean Beach School District # 10 I: Educational opportunities available 12:00 Lunch with Carolyn Glenn (citizen): Cultural and Recreational opportunities 2:00 Broker Property and homes in the Long Beach Peninsula vicinity Saturday. June 12th 8:00 a.m. Coffee, juice, water, baked goods available at Long Beach Train Depot 8:00-9:00 a.m. Council meets with WOER Consultant Time Candidate Interview Location . Panel 8:00 a.m. Candidate A I Mayor and Long Beach Train Depot i Council 9:15 a.m. Candidate B Mayor and Long Beach Train Depot : Council 10:30 Candidate C Mayor and Long Beach Train Depot Council Chen's, Debi's Deli, 11:45 a.m. Lunch. on own Dooger's, Be Bop Diner, (all within walking distance) ._~.~~-~.."-=~- _____._~___~,. _.0 -.---- ~._-"._._...- FAX NO. :2163971226 Feb. 15 2008 10:24AM Pi FROM :ANffiEA Final Process Overview Waters-Oldani Executive Recruitment Page 14 of 27 1:00 p.m. Candidate D Mayor and Long Beach Train Depot Council 12:15 p.m. Candidate E Mayor and Long Beach Train Depot CoUncil 3:30-5:00 WOER Consultant Mayor and Long Beach Train Depot p.m. Council 6:00+ WOER Consultant contacts candidates --~-'~_..,.,,-<._-_.". -..-.'-."--- -.----.. .-- FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:25AM P2 Final Proe.., OvCJ:View Wat."".Oldani Executive Recruitment Page 15 of27 JOB OFFER CONSIDERATIONS The following is a list of issues/options that need to be addressed when developing the employment offer for the selected candidate. A further description of each area is offered on the next pages. A. Salary G. Supplemental Living Allowance B. Car H. Severance Pay C. Vacation 1. Retirement D. Sick Leave J. Supplemental Retirement E. Insurance K. Performance Evaluations F. Moving Allowance L. Business Expenses M. Starting Date N. Moving Trips O. Professional Dues P. Professional Education Q. Misc. Conditions ,_H__._.. ..---.----- FROM :ANDREA FAX NO. :2153971225 Feb. 15 2008 10:25AM P3 Final Proces$ Overview Waters. Oldani Executive RectuitmellC Page 16 of 27 JOB OFFER ISSUES AND OPTIONS A. SALARY l. Annual base 2. Merit consideration dates, timeframes B. CAR l. Options a. Individually leased vehicle b. CompanylMunicipality-owned vehicle (from motor pool) 2. Allowable usage C VACATION l. Standard for previous employee in the position 2. Credit for years of experience and placement at appropriate level in the standard policy 3. Progress with ensuing years D. SICK LEAVE l. Standard policy 2. One year's credit plus standard policy E. MEDICAVDENTAI/LIFE INSURANCE 1. Amount of coverage and payment for candidate/employee in each area of insurance 2. Qualification of dependents 3. Supplemental life insurance for candidate/employee F. MOVING ALLOWANCE 1. In addition to the expenses of moving the general household, some items need to be specified, such as moving boats, antiques and real estate costs, etc. 2. Employee is reimbursed for moving costs or submits bids from moving companies 3. "Pay backs" or bridge loans and repayment schedule and interest G. SUPPLEMENTAL LIVING ALLOWANCE 1. In the event the employee is forced to establish a temporary second home, Le. pending sale of home and/or family moving, additional compensation mav be offered. Generally a dollar amount per month (based on current market for adequate rental property) 2. Dw-ation of allowances should be specified ,,--.--.,-.,. .. -.-,.-- ------. .._..~--~_. .,,-,-,--< -'---"--'--~- FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:26AM P4 Final Process Overnew Waters-Oldani Executive Recruitment Page 17 of 27 H. SEVERANCE PAY 1. A specific amount or indication of amount with negations allowed, after a specific length of employment [. RETIREMENT I. Specific amount of deferred retirement compensation and to which fund 2. Range of retirement compensation and criteria for receiving the annual contribution J. SUPPLEMENTAL RETIREMENT 1. In situations where switching funds is required and length of service must be completed prior to enrollment, some compensation may be offered to offset the transfer. generally subject to a specific length of service requirement. Example: Candidate bas been receiving $2,000 annually for retirement in state A. State B's retirement requires a minimum of two years' length of service to qualify. K. PERFORMANCE EV ALVA TIO:-l 1. Specific times during first year 2. Annual evaluations subsequently L. BUSINESS EXPENSES 1. Options a. Specific budget amount and what expenses qualify b. Standard policy c. Qualified expenses - no budget amount M. STARTING DATE N. MOVING TRIPS I. Specific number of trips 2. Employee and spouse O. PROFESSIONAL DUES 1. Specific conferences/seminars 2. Formal education allowance 3. Standard educational reimbursement policy P. PROFESSIONAL EDUCATION l. Specific conferences/seminars 2. Formal education allowance 3. Standard education reimbursement policy ---- m' "'__""""",___ -. ___m FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:26AM P5 Final Proce.. Overview Waters-Oldani Executive Recruitment Page 18 of 27 Q. MISe. CONDI'nONS 1. Specific date by which the candidate's decision is expected 2. Method of acceptance, Le. phone, writing, in person 3. Additional, specific criteria .'.----.-".. . '^_...,.._.._---~ .... ._~--_..~-.~,.. -.""---- FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:26AM P6 Final Process Ovemew Waters-Oldani Executive Recruitment Page 19 of 27 EXAMPLE Offer Letter (I) March 25, 1999 Candidate John Smith 1060 S. McKinley Road Toppenish, Washington 98948 Dear John: On behalf of the Board of Directors of Shaan-Seet, Inc. we are pleased to offer you the position of General Manager of the corporation. This Letter of Agreement will confirrn the details of your conversations with WOER Consultant on March 23 and 24, 1999. The position of General Manager carries with it all of the attendant duties described in the Recruiting Brochure and those duties and responsibilities that may be lawfully prescribed by the Board according to our Charter and By-laws. This offer of employment is tentative pending approval by the full Board of Directors we will be polling. The following terrns and conditions apply: A. SALARY - Smith's starting salary will initially be $7,166.67 per month ($86,000 annualized) and will be subject to review at the six month anniversary date of employment for merit consideration not to exceed eight percent of the initial salary. B. PERFORMANCE EVALUATION and MERlT CONSIDERATION - Smith will receive a written evaluation at the six and twelve month anniversary dates, annually thereafter. Merit consideration will be reviewed at least once each year or more often if the Board of Directors so indicates. Such salary increase will be based upon performance at least once during each year of employment. C. VEHICLE UTILIZATION - Sbaan-Seet, Inc. will provide a late model vehicle for general purpose and business use on Prince of Wales Island. Smith shall maintain the vehicle in proper condition with all insurance and maintenance provided by Sbaan-Seet, Inc. However, any damage or claims resulting from mis- use, gross negligence or unlawful intent shall be the responsibility of Smith. D. VACATION ACCURAL - Shaan-Seet, Inc. will provide Smith the vacation equivalent of two (2) weeks (10 days) on the first day of employment. Smith shall then accrue additional vacation in accordance with normal Sbaan-Seet, Inc. policy. Utilization of such benefits will be accounted for by mernorandwn or other standard record/time keeping procedures. ~^-- ., .~~-> __~__~,"..._m.w" --_.._---~ FROM :ANDREA FAX NO. :2153971225 Feb. 15 2008 10:27AM P7 , 'L~.......IT"'","""''''''''.~''''''''''''''''-' . W'lI.tar>:<-Oldan; E1eo.J.tive R.ecrulttncnt T"~20of27 E. EMPLOYEE BENEflTS - Shaan-Seet, Inc. shall provide other standard employee benefits for medical, dental, vision, life insurance, disability and retirement proscribed in written corporate policy. F. DUES, SUBSCRlPTIONS, EXPENSES - Smith's hours of work, dues, subscriptions, professional development, memberships and general expenses shall be in acoordance with the guidelines of Shaan-Seet, policies unless inconsistent with the provisions of this Letter of Agreement. Shaan-Seet shall pay membership fees for such standard associations and attendance at recognized conferences of professional organizations necessary for Smith to fully discharge his duties and responsibilities. General expenses for such activities shall be in accordance with budgetary/fiscal guidelines approved annually by the Board of Directors. G. RELOCATION, HOUSING ALLOWANCE AND RELATED EXPENSES- I. Shaan-Seet, Inc. will provide Smith with standard relocation costs for movement of household goods, which includes packing and unpacking. Thee (3) bids from qualified, bonded moving services must be obtained and submitted to Shaan-Seet, Inc. Smith will select the lowest responsible bid for movement of those goods. Shaan-Seet, Inc. reserves the right to decline payment for the movement of unusual items such as antiques, large musical instrwnents, non-household pets, non-standard motor/recreational vehicles and similar items. At Smith's discretion, billing for moving expenses may be arranged directly witb Shaan-Seet, Inc. and the moving company. 2- Shaan-Seet, Inc. agrees to provide Smith with one "house-hunting" trip, not to exceed five (5) days in duration and associated travel expenses between the date of Agreement acceptance and starting date of employment. Smith agrees to hold such expenses to reasonable and customary charges. 3. Shaan-Seet, Inc. agrees to provide Smith with up to 60 days "temporary living quarters" at the Haida Way Lodge should adequate housing not be available during the initial days of his employment. This arrangement may be extended in thirty-day increments upon request of Smith and by approval of the Board of Directors. In no case would this temporary housing arrangement exceed a total of one hundred twenty (120) calendar days or four (4) months. For budgeting purposes, the daily rate will be computed at a Shaan-Seet, Inc. preferred rate. 4. Upon establishment of personal residence by Smith, Shaan-Seet, Inc. agrees to provide a Supplemental Housing Allowance of $700.00 per month for the duration of his full-time employment. Said allowance will be paid monthly and shall be terminated at the conclusion of full-time employment. The first such payment shall be made to Smith 30 days after establishment of his fuU- time residence on Prince of Wales Island. --~~~"--_.._.. FROM :ANDREA FAX NO. :2163971225 Feb. 15 2008 10:28AM PB Final Process Overview Waters-Oldani Executive Recruitment Poge 21 of 27 5. Smith agrees to reimburse Shaan-Seet, Inc. any and all relocation expenses/special allowance (contained ~ Gl through G~ above) sh~uld he voluntarily terminate employment, according to the folloWIng schedule. Time Frame Reimbursement Schedule 1" Day to 12 months 100% 12 months to 18 months 75% 18 months to 24 months 50% 24 months to 36 months 25% After 36 months 0% H. SEVERANCE PAY - In the event the Board of Directors terminates Smith'. employment as General Manager while he is willing and able to perform the duties of said position, Shaan-Seet, Inc. shall compensate Smith in an amount equal to three (3) months salary (not including benefits) for his first year of employment. The amount of severance pay shall be increased by one (1) month per year of service completed not to exceed a total of six (6) months severance pay upon completion of three years of employment and thereafter. 1. RELINQUISHMENT OF SEVERANCE PAY and BENEFITS - In the event that Smith is terminated due to conviction of any illegal act involving personal gain to himself, gross negligence, or felony matters, then the Board of Directors and Shaan-Seet, Inc. shall have no obligation to pay the sums specified in paragraph H above. J. TERMINATION OF BENEFITS - Upon termination from the office of General Manager, Smith shall receive compensation for all accrued vacation and such termination benefits which are provided by Shaan-Seet, Inc. policy. K CONSTRUCTIVE NOTICE - If Smith voluntarily resigns his position as General Manager, he shall provide the Board of Directors with a minimum of 30 days notice, in advance, unless otherwise granted relief by the Board of Director.. L. INDEMNIFICATION - Shaan-Seet, Inc. shall defend, indemnifY, and hold harmless Smith against any and all claims, demands, suits, actions or proceedings of any kind or nature arising out of the performance by Smith of his duties and responsibilities as General Manager, provided Smith's performance is not contrary to established ordinances, resolutions, policies and reasonable standards of conduct adopted by the Board of Directors. M MODIFICATION OR CHANGES TO AGREEMENT - Any modification of this Letter of Agreement must have the conCWTence of the majority of the Board of Directors ,. -_. --~...- ~_.__._-----._. ..~,-~...,._.~. FROM :ANDREA FAX NO. :2153971225 Feb. 15 2008 10:28AM P9 Final Process Overview W.ten.Old2ni Executive Recruitment Page 22 of27 N REPORTING DATE - Smith agrees to report for employment on or before May 3, 1999, if practical. GENERAL PROVISIONS 1. This Letter of Agreement shall be governed by such charter, ordinances, rules/regulations and .policies established by Shaan-Seet, Inc.' s Board of Directors unless otherwise specifically provided herein. 2. Smith agrees to sign and return both the facsimile copy of this Letter of Agreement within 48 hours of receipt and the actual Employment Agreement within 48 hours of receipt of said documcnt(s). 3. The Board of Directors agree to open discussion with Smith, after completion of one full-year of service, regarding the creation and potential establislunent of a bonus/incentive plan for the General Manager which would be tied to increases in net profitability (either by line of business, total corporate profitability or both). 4. Smith agrees that his employment is contingent upon the satisfactory completion of a Drug Tolerance Screening Test and for Employment Physical or both as determined by the Board of Directors. Such tests/examinations shall be paid for by Shaan-Seet, Inc. FAILURE TO PASS IHE REQUIRED EXAMINATIONS WILL RENDER THISAGREEMENTNULLAND VOID. 5. Smith acknowledges that he is an "at-will" employee and may be terminated at the discretion of the Board of Directors for any reason, that is non-discriminatory, that the Board offers. 6. Shaan-Seet, Inc. acknowledges Smith's commitment to his tribal heritage and agrees to allow reasonable time off (to be charged against accrued vacation or other benefits provided) for Smith to attend tribal functions, generally held in late May and October of each year. 7. Any disputes or needed clarification arising out of the interpretation of this Letter of Agreement shall first be resolved through mutual discussion of Smith. Shaan- Sect, Inc., and The Oldani Group, Inc. 8. The general terms of this Letter of Agreement shall remain in force for a period of at least three (3) years unless modified by mutual agreement of Smith and the Board of Directors. John, the Board of Directors and staff of Shaan-Seet, Inc. look forward to yom leadership and guidance as we enter a new phase of growth and development, challenges and success together. Please sign and date this original letter where indicated and return it to Shaan-Seet, Inc. offices within 48 hours of receipt both by Fax and expedited mail. A copy is enclosed for your records. ---_.'- --"-..... " -- .,..-.-----.--- FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:29AM P10 Final Process Overview Waters-Oldani E""""cive Recruitment Page 23 of 27 Welcome to Shaan-Seet, Inc.; Craig, Alaska; and Prince of Wales Island! Sincerely, A. Webster Demmer!, III Chairperson For the Board of Directors Shaan-Seet, Inc. AGREEMENT ACCEPTANCE Candidate John Smith Date ---~- ,-"---- ,----_......."'_..~-~-_...- -----_._.,- FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:29AM P11 Final Process O..ervi<.'W Waters-Oldani Executive Recruitment Page 24 of 27 Example Offer Letter (2) June 14, 2004 NAME Address Dear It is my pleasure to extend this offer of employment to you to serve as City Administrator for City of Long Beach. This Letter of Agreement/Memorandum of Understanding will solidifY the discussions that you have had with Mayor Ramsey of the City of Long Beach, Washington beginning Saturday, June 12,2004. The provisions contained in this letter/memorandum are subject to modification if found to be in conflict with any existing law, subject to your agreement. This offer of cmployment and the provisions contained in this letter/memorandum are also subject to the final approval of the City of Long Beach's City Council. A. SALARY - Your starting salary shall be $ monthly ($ annualized) payable in accordance with normal payroll policy and practices. B. PERFORMANCE EVALUATION AND MERIT CONSIDERATION - You will receive an evaluation at the anniversary date of employment and annually thereafter. Merit Consideration will be prOvided once each year. Such salary increases, if given, will be based upon satisfactory or better perfonnance during each year of employment. C. PERSONNEL LEAVE - The annual Personnel Leave will be 30 days; however, the remainder of the first year will be prorated at 2.5 days per month. A maximum of 10 days can be carried over annually. D. EMPLOYEE BENEFITS - The City of Long Beach will provide standard medical, life insurance, disability, state retirement, full family coverage for medical and dental insurance and will be subject to change should the City's benefits structure change. E. HOURS OF WORK. JOB DUTIES. PROFESSIONAL DEVELOPMENT. EXPENSES - Your hours of work, dues, subscriptions, professional development, memberships, and general expenses shall be in accordance with the guidelines of the City of Long Beach policies. The City of Long Beach wishes to encourage your continued participation in the Association of Washington Cities and lCMA membership and conferences and other profeSSional associations. Every good faith effon will be made to provide you with the funds and time away from work needed to attend the annual professional meetings sponsored by those organizations. The City of Long Beach will endeavor to provide you with the funds to pay membership fees .--.-,.. ,..--. ~-^~.-_.. "~--- FROM :RNDRER FRX NO. :2163971226 Feb. 15 2008 10:30RM P12 Final Process Overview Waters-Oldani Executive Reo:citment Page 25 of 27 and travel expenses for your attendance at these professional meetings. The City of Long Beach shall also endeavor to pay for your membership in such other standard associations, your attendance at recognized conferences of professional organizations, and the professional development necessary for you to fully discharge your duties and responsibilities. The City of Long Beach will pay for the educational expense and other related expenses (to be supported by receipt) for NAME to become a Certified Economic Development professional. The City of Long Beach policy requires that any air travel on City business or for attendance at professional meetings be at standard coach or economy airfares or discounted coach or economy airfares (when available). City policy also places a per diem limit on travel expenses beyond air fare and hotel accommodation. That per diem is currently $30 per day. General expenses for all such activities shall be in accordance with budgetary/fiscal guidelines approved annually and periodically adjusted by the City Council. No guarantee can be offered that the City Council will approve any funds for travel to or participation in professional meetings. The availability of such appropriations must depend from year to year upon the overall fmancial condition of the City and the political will of the majority of the City Council. F. RELOCATION. HOUSING ALLOWANCE. AND RELATED EXPENSES A one time relocation allowance for all relocation aspects associated with becoming the new City Administrator in the City of Long Beach, Washington. You agree to reimburse the City of Long Beach for any and all of the one-time $12,000 relocation allowance should you voluntarily terminate your employment according to the following schedule: Reimbursement Time Frame Schedule I" day to 12 months 100% 12 months to 18 months 80"/0 18 months to 24 months 60% 24 months to 30 months 40% 30 months to 30 months 20% After 36 months 0% G. SEVERANCE PAY - In the event that the City of Long Beach terminates NAME as the City Administrator while he is willing or able to perform the duties of said position, the City shall compensate NAME in an amount equal to three months salary (not including benefits) for his first year of employment. The amount of severance pay shall be increased by one (l) month per year of service completed, not to exceed a total of six (6) months severance pay completion of three years of employment and thereafter. H. RELINOUISHMENT OF SEVERANCE PAY AND BENEFITS - In the event that NAME is terminated due to conviction of any illegal act involving personal gain --- ,.-..".~."._" "-~.~ FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:30AM P13 Final Proce.. OvetView Waters-Oldani Executive Recroitment Page 26 of27 to himself, gross negligence, or felony matter then the City of Long Beach shall have no obligation to pay the sum specified in paragraph G above. Upon termination from the position of City Administrator, NAME shall receive compensation for all accrued benefits and such termination benefits which are provided by the City of Long Beach, Washington. I. CONSTRUCTIVE NOTICE - If you voluntarily resign your position as City Administrator, you shall provide the City of Long Beach with a minimum of 30 days notice, in advance, unless otherwise granted relief by the City Council. J. INDEMNIFICATION - The City of Long Beach shall provide you with coverage under a directors and officers liability insurance policy provided that your performance is not contrary to established resolutions, policies, and reasonable standards of conduct adopted by the City Council. K. MODIFICATION OR CHANGES TO AGREEMENT - Any modification of this Agreement must have the concurrence of the City Council, be in writing, and be signed by both parties. L. REPORTING DATE - You agree to report for employment on or before . 2004 jf practical. GENERAL PROVISIONS 1. This agreement shall be governed by the City of Long Beach ordinances and by the rules/regulations, and policies established by the City Council. 2. You agree to sign and return the electronic mail copy of this Agreement by facsimile to by 5:00 p.m. Pacific Time on Thursday, June 17,2004. You also agree to sign and return this actual Employment Agreement within 48 hours of receipt of said docwuent. 3. Any disputes or needed clarification arising out of the interpretation of this Agreement shall first be addressed through discussions to include you, Mayor Ramsey from the City of Long Beach, Washington and The Oldani Group, Inc. Mr. NAME, the staff of the City of Long Beach and I are looking forward to your leadership and guidance as we enter a new phase of growth and development, challenges, and success together. We look forward to providing whatever assistance you may need during the transition period. Please sign and date this originailetter where indicated and return it to my office within 48 hours of receipt both by facsimile transmission and expedited mail. A copy is enclosed for your records. Welcome to City of Long Beach. Sincerely, .-- -- ,-..~-,- ._..._-~- ----~.,- -_."._--,-_._~-- FROM :ANDREA FAX NO. :2163971226 Feb. 15 2008 10:31AM P14 Final Proc(:,'Ss Overview Walas-Oldani Executive Recruitment Page 27 of 27 Mayor Ken Ramsey AGREEMENT ACCEPTANCE NAME Date __M ------- -. - ----