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2007-26547 ResoRESOLUTION NO. 2007-26547 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE ANNUAL PERFORMANCE EVALUATION OF THE CITY ATTORNEY; RECEIVING THE CITY ATTORNEY'S PERFORMANCE EVALUATION REPORT; AND, IN CONSIDERATION OF THE CITY ATTORNEY'S EXEMPLARY PERFORMANCE DURING THE CONTRACT YEAR FROM APRIL 11, 2006, THROUGH APRIL 10, 2007, GRANTING A MERIT INCREASE OF FOUR (4) PERCENT; GRANTING A COST OF LIVING ADJUSTMENT (COLA) OF SIX (6) PERCENT; EXTENDING THE CITY ATTORNEY'S CONTRACT OF EMPLOYMENT, DATED APRIL 11, 2006, FOR AN ADDITIONAL ONE (1) YEAR TERM, COMMENCING UPON THE EXPIRATION OF THE INITIAL TERM OF SAID CONTRACT; AND SETTING AN EFFECTIVE DATE. WHEREAS, at its meeting on March 8, 2006, the Mayor and City Commission unanimously approved Jose Smith as the new City Attorney; and WHEREAS, Mr. Smith's engagement is reflected in an Employment Contract dated, April 11, 2006, and approved by the City Commission pursuant to Resolution No. 2006-26176 (the Employment Contract); and WHEREAS, the Employment Contract provides for an annual performance review and evaluation of the City Attorney, at which time the City Commission shall review the annual salary and/or other benefits of the City Attorney, and make adjustments, in such amounts and to such extent as the City Commission may determine that it is desirable to do so; and WHEREAS, the Employment Contract further provides that an annual salary review of the City Attorney shall be made every year within thirty (30) days after April 11th of each Contract year; and WHEREAS, the Mayor and members of the City Commission have reviewed the Performance Evaluation Report submitted by the City Attorney and dated April 11, 2007; and WHEREAS, a meeting of the Committee of the Whole was held during the City Commission meeting of May 16, 2007, at which time the Mayor and City Commission convened to review and evaluate the performance of the City Attorney, in accordance with the Employment Contract, and as set forth above; and WHEREAS, in consideration and recognition of the City Attorney's exemplary performance and achievements for the Contract year between April 11, 2006 and April 10, 2007, the Mayor and City Commission hereby deem that it is in the best interest of the City to approve the foregoing adjustments to the City Attorney's salary and benefits, and other aspects of the Employment Contract, all as further set forth below. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, having received and reviewed the Performance Evaluation Report submitted by the City Attorney and dated April 11, 2007, and following a duly noticed meeting of the Committee of the Whole on May 16, 2007, said meeting to review and evaluate the performance of the City Attorney for the Contract year commencing on April 11, 2006 and ending on April 10, 2007, and in consideration and recognition of the City Attorney's exemplary performance during said Contract year, the Mayor and City Commission hereby approve the following: 1. The City Attorney will be granted a four (4) percent merit increase in base salary. 2. The City Attorney will be granted a six (6) percent Cost of Living Adjustment (COLA). 3. The initial term of the Employment Contract, as set forth in Section 2. A. thereof, is hereby extended by one (1) additional year, commencing on April 11, 2009, and ending on April 10, 2010, and all other necessary adjustments to the Employment Contract are made to reflect said change. 4. Mr. Smith's engagement as City Attorney shall continue under and pursuant to the terms and conditions of the Employment Contract, as approved pursuant to Resolution No. 2006-26176, and as further amended by this Resolution, until the same is modified, amended, or terminated by action of the Mayor and City Commission. 5. The Mayor is hereby directed to provide the City Attorney with a summary written statement of the findings of the Committee of the Whole pursuant to the City Commission's review and evaluation of the City Attorney's performance, as provided in Section 7. A. of the Employment Contract. 6. This Resolution shall become effective upon ado be retroactive to April 11, 2007. PASSED and ADOPTED this 16th day of Ma ATTEST: `✓1��� CL'Q CITY CLERK Robert Parcher F:\atto\AGUR\RESOS-ORD\City Attorney 2007 Evaluation Reso.doc OR David Dermer APPROVED AS TO FORM & LANGUAGE & FOR ELUTION XyCity Attorney Date (-TA- MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Members of th, Cit'Cgmm' Sion FROM: Mayor Day' DATE: April 11, SUBJECT: City Attorney's Performance Evaluation. The City Attorney completed his first year of service on April 11, 2007. I am responsible for coordinating the City Attorney's performance evaluation process on an annual basis. Attached you will find the City Attorney's report summarizing his activities and accomplishments during the period of review. This report may serve you as a guide as you consider his performance and your feedback to me. As a reminder, this information is subject to the Sunshine Law. Please review the attached materials and provide me with your input or comments by April 30, 2007 so that I may discuss the matter with the City Attorney and place it on the next City Commission agenda for discussion. Thank you. Attachments. Agenda Item R7 D Date 5.-16 -0 7 CI City of Miami Beach Office of the City Attorney Jose Smith, City Attorney Performance Evaluation Year Ending April 11, 2007 TABLE OF CONTENTS Page ORGANIZATIONAL CHART INTRODUCTION 1 DUTIES 2 THE LAWYERS AND THEIR RESPONSIBILITIES 3 PERFORMANCE HIGHLIGHTS 6 LITIGATION 6 II. LAND USE 7 III. LEGISLATION 7 IV. TRANSACTIONS 8 V. LEGAL OPINIONS 8 VI. CODE COMPLIANCE 9 VII. RESORT TAX 9 VIII. INTERN PROGRAM 9 IX. TRAINING 9 X. STAFF CHANGES 10 XI. LIST OF CASES FILED 11 CONCLUSION 21 CHARTS A. Salary Comparison for Attorneys April 2006 vs. April 2007 B. Salary Comparison for Administrative Staff April 2006 vs. April 2007 C. Office of the City Attorney Salary Comparison April 2006 v. April 2007 D. Outside Counsel Fees Paid for Fiscal Year 06/07 (1) General Matters Account (2) Labor & Employment Account RAUL AGUILA ELIZABETH DAMIEN LEGISLATION TRANSACTIONS PROCUREMENT SHERI SACK YAMILEX MORALES APPELLATE CML RIGHTS/CONSTITUTIONAL LAW RODNEY SMITH YAMILEX MORALES LITIGATION CODE COMPLIANCE SPECIAL MASTER ATTORNEYS SECRETARIES CITY ATTORNEY JOSE SMITH MARIA MOYA POSAS CHIEF DEPUTY CITY ATTORNEY DONALD PAPY YAMILEX MORALES ADMINISTRATIVE LITIGATION CIVIL RIGHTS / CONSTITUTIONAL LAW EMPLOYMENT / HUMAN RESOURCES APPELLATE DISABILITY LAW CODE COMPLIANCE POLICE DEPARTMENT DEPUTY CITY ATTORNEY JEAN OLIN SANDRA CABA ADMINISTRATIVE ELECTIONS ETHICS PUBLIC RECORDS / MEETINGS LEGISLATION LITIGATION APPELLATE FIRST ASSISTANT CITY ATTORNEYS RHONDA MONTOYA HASAN MIRIAM MERINO LITIGATION APPELLATE CODE COMPLIANCE FIRE DEPARTMENT BUILDING DEPARTMENT CONSTRUCTION DEBORA TURNER SANDRA CABA LITIGATION LEGISLATION ADMINISTRATIVE LAND USE LITIGATION APPELLATE SENIOR ASSISTANT CITY ATTORNEYS STEVEN ROTHSTEIN AMADA GONZALEZ FORFEITURES LITIGATION FORECLOSURES GARNISHMENTS POLICE LIAISON OFFICE MANAGER GUADALUPE RAMOS PARALEGAL BRETT BECKER RECEPTIONIST GLORIA DIEGUEZ GARY HELD SHEILA TAFT LAND USE LAND USE / CONSTITUTIONAL LITIGATION REDEVELOPMENT AGENCY TRANSACTIONS VACANT VACANT VACANT VACANT INTRODUCTION Upon becoming City Attorney, I began a review of all legal matters being handled by the City Attorney's Office. I met with each lawyer to discuss the files, areas of responsibilities and my vision for the office. I also met with the entire support staff. I described my management style as "hands-on" and explained that I would monitor all aspects of the office and consult regularly on all significant legal matters. During my first year, I focused on five (5) critical areas where I thought improvement was necessary. 1. Professionalism. I challenged my staff to become better at what they do. Lawyers are encouraged to attend seminars, improve their skills, become well rounded and adapt to the changing needs of the office. Excellent work product and accountability is expected from everyone. 2. Recruitment. Finding legal professionals with the right skills and experience to carry out my vision for the office has been a challenge. While several positions have already been filled by highly qualified and trained individuals, I am still interviewing candidates to fill two vacant attorney positions. 3. Communication. In order to improve performance and better serve the City, the City Attorney's Office must have excellent lines of communication with elected officials, the City Manager and his staff. My office must know the problems, issues and proposed solutions. To that end, I have made it a point to attend all Finance, Land Use and Neighborhoods Committee meetings and maintain regular contact with all decision makers. 4. Litigation Philosophy. There has long been a perception that the City Attorney's Office did not aggressively defend the City in litigation. I am proud to say that is no longer the case. As a litigator with extensive trial experience, I closely monitor cases from the filing of suit to final resolution. As noted later in this report, the City has prevailed or achieved very favorable settlements in all controversies resolved during the past year. 5. Outside Counsel. We have reduced and in some cases eliminated the need for outside counsel. Where possible, we perform legal work in-house and closely monitor the work and efficiency of outside counsel. Fees paid to outside counsel are closely scrutinized and have been significantly reduced. (Please see chart "D".) 1 DUTIES The Office of the City Attorney is established by Article III of the City Charter which provides: "O7>ere 00f1 be appofrrteb bp tfje (ftp (omrrrf5Sion of tfje (ftp of filfanrf $eacfj, a (ftp , fttorrtep. 01.0/0r compensation 5011 fie fixer bp tfje (ftp Commission bp orbfnance. 00 (ftp , fttornep Oat be tfje Oat of tfje d%fffce of CO al -torn -LT anb fn 015' capacftp Oat fjabe tfje foffotving polvers:• (a) To act as the legal advisor for the municipality and all of its officers in all matters relating to their official powers and duties. (b) To prepare or review all ordinances, resolutions, contracts, bonds and other written instruments in which the municipality is concerned, and shall endorse on each his/her approval of the form, language, and execution thereof. (c) When required by the Commission, he/she shall prosecute or defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party, before any court or other legally constituted tribunal. (d) To attend all meetings of the City Commission. (e) He/she shall recommend to the City Commission for adoption, such measures as he/she deem necessary or expedient. (f) (g) He/she shall render opinions and/or reports on legal matters affecting the City as the Commission may direct. He/she shall perform such other professional duties as may be required of him/her by ordinance or resolution of the Commission or by this Charter. (h) To appoint and remove all unclassified personnel in the Legal Department, including outside counsel representing the City." 2 THE LAWYERS AND THEIR RESPONSIBILITIES: Jose Smith is the City Attorney. He is responsible to the Mayor and Commission for the performance of all responsibilities imposed by the Charter and Code of the City. He is the Manager of the legal and support staff currently totaling 21 people, as well as outside counsel and support personnel (such as accountants and other experts used in litigation). He has practiced law for 33 years, of which 10 have involved concentration in local government law. He has handled civil litigation as well as corporate, real estate, and complex transactional matters. Donald Papy is the Chief Deputy City Attorney. He supervises the Deputy, four other attorneys, and fills in for the City Attorney in his absence. He reports directly to the City Attorney. Additionally, he is in direct charge of issues involving: • Labor and personnel • Civil rights • Constitutional law • Police litigation • Federal Court litigation and appeals • Administrative proceedings and appeals He has practiced law for 31 years and has been with the City Attorney's Office for 15 years. Jean Olin is the Deputy City Attorney. She supervises four Assistant City Attorneys. She is in direct charge of issues involving: • Ethics (including ethics opinions and orientation, ethics reform legislation, campaign finance reform), • Procedural municipal issues, administrative matters, drafting legislation and municipal election issues (City general elections, special elections, and drafting of municipal ballot measures). • She also represents the City in general civil, appellate and land use litigation She reports to the Chief Deputy as well as the City Attorney. Ms. Olin has been with the Miami Beach City Attorney's Office for 25 years. 3 Raul Aguila is a First Assistant City Attorney. He is in charge of: • Drafting and/or review of contracts; handling real estate and complex transactional matters and serving as counsel on transactional matters for all major City departments and to the Miami Beach Redevelopment Agency, the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts. He also serves as counsel to the General Obligation Fund Oversight Committee, Finance Citywide Projects Committee, Neighborhoods Community Affairs Committee, the Miami Beach Cultural Arts Council, and Art in Public Places. • He provides support in general civil litigation, with emphasis on procurement law, real estate, and landlord and tenant law, and handles review of bid protests and debarment proceedings. He also drafts procurement legislation and provides support for issues involving ethics (including ethics opinions and orientation). Mr. Aguila has been a practicing attorney for 21 years and has been with this office for 14 years. Gary M. Held is a First Assistant City Attorney. His areas of expertise include: • Historic preservation • Land use litigation and appeals • Environmental law and related areas, such as the interface of land use and constitutional issues, involving religious institutions, adult entertainment and freedom of expression. • Planning. He is counsel to the Planning Department, Planning Board, Design Review Board, Zoning Board of Adjustment, Historic Preservation Board, Single Family Residential Review Board, Citizens Ad Hoc Committee on Concurrency, and the Commission Land Use Committee and other Committees, the Public Works and Building Departments and Administration on matters within his area of expertise. He has practiced law for 24 years and has been with the City Attorney's Office for 8 years. Debora Turner is a First Assistant City Attorney. Ms. Turner handles: • Land use litigation and appeals • General civil and commercial litigation • Administrative matters • She also serves as co -counsel to the City's Zoning Board of Adjustment, Historic Preservation Board, Design Review Board, and Planning Board. • Additionally, she drafts of ordinances, resolutions and legal opinions on a variety of topics. • She also provides support for Sunshine Law issues, including board member compliance. 4 Ms. Turner has practiced law for 24 years and has been with the City Attorney's Office for 18 years. Rhonda Montoya Hasan is a First Assistant City Attorney. She is primarily a litigator, handling: • General civil, complex commercial construction and appellate litigation, and • Administrative proceedings. • Additionally, she serves as counsel to the Fire Department and Building Department on State law and code matters affecting their functions, including all enforcement and administrative proceedings through and including appellate proceedings. • She handles litigation for the Redevelopment Agency and the Capital Improvement Projects (CIP) Division. Ms. Montoya has been a lawyer for 17 years and been with this Office for 10 years. She lectures locally and nationally on fire and building code issues on: Sheri Sack is a First Assistant City Attorney (part time). She is a recognized expert • Constitutional law and handles litigation involving complex constitutional issues • General appellate litigation. She has been a lawyer for 19 years and has been with the City for 14 years. Steven Rothstein is a Senior Assistant City Attorney. Mr. Rothstein handles: • Foreclosures • Litigation • Forfeitures • Garnishment • Police liasion Mr. Rothstein has been a lawyer for 19 years and will soon complete his first year with the City. Rodney Smith is a Senior Assistant City Attorney. He currently handles: • Code Compliance • Special Master • Personal Injury Cases. He has been an attorney for 7 years and started with the City in March, 2007 5 PERFORMANCE HIGHLIGHTS The following is a list of performance highlights during the past year: I. LITIGATION • Concluded years of expensive, burdensome litigation of multiple claims filed by Micky Biss against the City and individual Commissioners. • Concluded years of expensive complex construction litigation between Atlantic Civil, Inc. (A.C.I.) the City's Redevelopment Agency, and Kimley Horn, regarding the South Pointe Streetscape Project. • Successfully argued a precedent setting case against the Florida Public Employees Relations Commission before the 3rd District Court of Appeal regarding public records resulting in an opinion in favor of the city. • Successfully defended a challenge by MCM Corp. to the City's decision to re- bid the South Pointe Park project resulting in denial of an injunction, court approval of the city's procurement procedures and dismissal of the lawsuit. • Successful defense of numerous claims in State and Federal Courts filed by City Employees against the City alleging discrimination, violation of civil rights and other grievances. • Recovered over $100,000.00 in foreclosures, bankruptcy, garnishments and police confiscation claims. • Successfully obtained injunctive relief to stop illegal commercial events in single family residential neighborhoods. • Aggressively defended the City in personal injury claims resulting in several summary judgments, dismissals, and favorable settlements. • Obtained several Final Judgments against debtors of the City. • Developed creative legal strategies to help resolve the La Gorce Country Club/Neighbors controversy. • Aggressively defended the City's legal position regarding the County's claims for unpaid Water Impact Fees. While unappreciated by the County, the City's legal strategies have resulted in higher fee collections by the County from developers. 6 • Settled Bratter/Krieger lease dispute regarding 777-17 St. Office Building resulting in a $60,000.00 recovery to the City of Miami Beach. • Coordinated efforts to resolve multiple, complex Building/Fire Code Issues affecting the Continuum Condominium. • Settled the Alton Sobe v. CMB appeal involving City Commission reversal of a DRB Order on 929 Alton Road. • Settled Zuraui v. City of Miami Beach, a complex construction litigation matter dating back to 1999 for a minimal sum. • Conducted extensive legal research into possible legal claims against internet hotel booking entities for resort tax liability to the City. II. LAND USE • Continued efforts to preserve and restore the Avery Smith Coral Rock House. • Drafting and adoption of 50,000 square foot conditional use review ordinance. • Assist in drafting and advice on: adoption of numerous ordinances and charter amendments, including limitation on Board of Adjustment granting of height variances, term limits of land use board members; turtle nesting, environmental impacts, beach access, single family development regulations, and party houses and commercial uses in residential districts, expansion of Flamingo Park historic district. • Representing and advising the City in various other judicial and city proceedings and appeals including Hustler Hollywood v. Miami Beach, appeal of HP Board's approval of Savoy Hotel restoration, Ritz Plaza restoration, DRB approval of project at 929 Alton Road, Club Madonna v. Miami Beach, Brown's Hotel challenge to Apple Hotel variance, issues related to La Gorce Country Club, and other matters involving land use board approvals and the applicability and interpretation of city ordinances. • Sunsouth and Harding Village: Advice to the Planning Board in the handling of hearings for conditional use approval of both projects and successful defense of the approval of Harding Village against court challenges. III. LEGISLATION • Proposed handbill/litter ordinance • Proposed commercial/party house ordinance 7 • Proposed pedicab ordinance • Revisions to Sexual Predator Ordinance • Drafted ballot question for November 2006 election (Board of Adjustment/Street —Ends) • Drafted numerous resolutions for action by Commission • Drafted Amendments to City Center R.D.A providing for Workforce Housing • Drafted Street Performers/Art Vendors Ordinance • Amendments to City's Living Wage Ordinance. IV. TRANSACTIONS • Jackie Gleason Theater • New World Symphony • 5th and Alton • Management Agreements for Botanical Garden, North Beach Senior Center and other City properties • Lincoln Place lease assignment • The Lincoln Lease assignment • Miami City Ballet/Building Acquisition • 1111 Lincoln Road/street closure • Condominizing 777 — 17th Street- Office Building V. LEGAL OPINIONS During the past year, the City Attorney's office issued numerous legal opinions (formal and informal) in response to questions from the elected officials, the City Manager and his staff. 8 VI. CODE COMPLIANCE AND SPECIAL MASTER The City Attorney's Office represents the City Administration in all matters brought before the Special Master. We have developed a close, collegial professional relationship with Code Compliance, Building and Zoning officials and Fire inspectors to ensure that matters before the Special Master are presented in a more professional and efficient manner. VII. RESORT TAX Resort Tax, a department in the Finance Department, refers cases to Legal for collection when their collection efforts have failed. The City Attorney's Office has created a data base in order to automate and simplify the collection process. Prior to filing the complaint, a demand letter is sent advising the business owner that court action will follow if payment is not received by a specified date. If the defendant does not pay the outstanding tax, a code compliance citation is issued and set for hearing before the Special Master and a complaint is filed, seeking injunction and damages. VIII. INTERN PROGRAM My office is a proud participant in the Florida Supreme Court's Intern Program. Senior law students from the University of Miami Law School, Nova Southeastern and Florida International University with exceptional academic records are placed for a 12 - week term and earn educational credits for their service. The program exposes students to advanced issues of municipal law, providing experience in research, litigation support, taking depositions, preparing memos of law and motions. Some are allowed to handle oral arguments before the Circuit Court. IX. TRAINING The City Attorney's Office Staff has completed several training sessions. • E -filing with the U.S. District Court • E -Discovery training seminar offered by Kroll regarding electronic discovery. • Participation in the Results Oriented Government Training. 9 X. STAFF CHANGES AND PROCEDURES THAT HAVE INCREASED PERFOMANCE AND EFFICIENCIES The office has increased efficiencies and is providing better service in the following ways: • More coverage in reception (longer hours) 8:30 a.m. to 5:30 p.m. to better serve the City. • Better coverage during evening City Commission meetings. (More staff members available.) • Excellent Customer Service. We received high marks in the 1st quarter results from the City's Secret Shopper program conducted by the City Manager's office. • Improved coordination of work assignments. • Close supervision of support staff. 10 XI. LIST OF CASES FILED CASES FILED DURING 2006-2007 PERSONAL INJURY 2006-1 Fiance Reaiste vs. City of Miami Beach. Eleventh Judicial Circuit, Case No. 05-25440 CA20 JW 05CMB0020-1270 2006-2 James Malinowski vs. City of Miami Beach. a political subdivision of the State of Florida. Eleventh Judicial Circuit, Case No. 06-01554 CA30 JLW 05CMB0020-1273 2006-3 Checker Cab/Sunshine Taxi vs. City of Miami Beach. a political subdivision of the State of Florida and Curtis Hodges, individually. Eleventh Judicial Circuit, Case No. 05-13011 CA23 (4) JLW 06CMB0020- 1277 2006-4 Norberto Jimenez vs. State of Florida Department of Transportation. City of Miami Beach, H & J Asphalt and H & R Paving, Inc. Eleventh Judicial Circuit, Case No. 06-02260 CA04 JLW 06CMB0020-1279 2006-5 Sohnen, vs. City of Miami Beach Eleventh Judicial Circuit, Case No. 06- 3719 CA06 JLW 06CMB0020-12+81 2006-6 Dorothy Cohn vs. The City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-03909 CA15 JLW 06CMB0020-1283 2006-7 Raul Gomez and Yolanda Gomez vs. City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-3213 CA24 JLW 06CMB0020-1288 2006-8 Pansie B. Thompson vs. The City of Miami Beach, a municipality and The State of Florida, Department of Environmental Protection f/k/a Department of Natural Resources, the Board of Trustees of the Internal Improvement Trust Fund and Miami -Dade County. Eleventh Judicial Circuit, Case No. 06-06585 CA20 JLW 06CMB0020-1290 2006-9 Liberty Mutual Fire Insurance Company. vs. City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-09093 CA06 JW 06CMB0020-1305 2006-10 Monticello Insurance Company, a Delaware corporation, vs. City of Miami Beach: Israel Poleveff, as Personal Representative of Eugenie Poleveff: and Frederica Breaux. as Administratix of the Estate of Zachary Charles Breaux. U.S. District Court, Southern District, Case No. 06-20459 GOLD/TURNOFF JW 06CMB0020-1307 11 2006-11 Kitty Terry and George Terry vs. City of Miami Beach, Florida. Eleventh Judicial Circuit, Civil Division, Case No. 06-13366 CA 31 JW 06CMB0020-1325 2006-12 Jose Frias vs. City of Miami Beach, a municipal corporation. Eleventh Judicial Circuit, Civil Division, Case No. 06-14672 CA 11 JW 06CMB0020-1326 2006-13 2006-14 Steven Nemetz and Marilyn Reiter-Nemetz vs. Club Atlantis Condominium Association, Inc., and The City of Miami Beach. Eleventh Judicial Circuit, Civil Division, Case No. 06-16546 CA 30 JW 06CMB0020-1328 Jason Rutkin vs. Sagamore Partners, LTD., and The City of Miami Beach. Eleventh Judicial Circuit, Civil Division, Case No. 05-21133 CA 09 JLW 06CMB0020-1329 2006-15 Estela Vetrano vs. The City of Miami Beach. Eleventh Judicial Circuit, General Division, Case No. 06-17612 CA 24 JLW 06CMB0020-1330 2006-16 Barbara Hubell and Marvin Hubell vs. The City of Miami Beach. Eleventh Judicial Circuit, General Division, Case No. 06-18726 CA 10 JLW 06CMB0020-1334 200-17 Robin Steinfeld and Steve Steinfeld, her husband. vs. The Gap. Inc.. a foreign corporation; City of Miami Beach, and NG&G Facility Services. International, Inc.; and The Gap. Inc.vs. NG&G Facility Services International, Inc. and Whelan International Company, Inc.; Third -Party Defendants. Eleventh Judicial Circuit, Case No. 05-12462 JW 06CMB0020-1340 2006-18 Cecilia Gonzalez vs. Miami Beach Transportation Management Association Association, a corporation and The City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-21076 JLW 06CMB0020-1341 2006-19 2006-20 Jeffrey Kadis vs. Armor Security Inc.. a Florida Corporation. and the City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-10350 CA32 JW 06CMB0020-1317 Danilo Medic vs. City of Miami Beach, a political subdivision of the State of State of Florida. Eleventh Judicial Circuit, Case No. 06-04269 CA11 JL 06CMB0020-1286 2006-21 Mereida Leon vs. City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-9805 CA01 JW 06CMB0020-1316 12 2006-22 Angelica Santiago vs. City of Miami Beach, a political subdivision of the State of Florida. Eleventh Judicial Circuit, Case No. 06-10532 CA04 JW 06CMB0020-1318 FORECLOSURE 2006-23 Regions Bank vs. Ramon Ramirez and Carmen Julia Ramirez a/k/a Carmen J. Ramirez, husband and wife, City of Miami Beach, Davan Construction Inc., a Florida Corporation, et al. Eleventh Judicial Circuit, Case No. 05-26553 CA22 DT 05CMB0020-1271 2006-24 James Hawkesworth vs. City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-00326 CA23 DT 05CMB0020-1272 2006-25 Flagstar Bank, FSB. vs. Jose F. Lopez. et al. Eleventh Judicial Circuit, Case No. 06-02035 CA31 DT 06CMB0020-1276 2006-26 Deutsche Bank National Trust Company vs. Raul Gonzalez et al. Eleventh Judicial Circuit, Case No. 06-09079 CA08 DT 06CMB0020-1304 Foreclosure 2006- 27 Deutsche Bank National Trust Company et al. vs. Revnier Perez, et al. Eleventh Judicial Circuit, Case No. 06-09023 CA30 DT 06CMB0020-1306 2006-28 Wells Fargo Bank, National Association. as Trustee vs. Marcia Jones et al. Eleventh Judicial Circuit, General Division, Case No. 06-13418 CA 06 SR 06CMB0020-1324 2006-29 2006-30 2006-31 2006-32 Wells Fargo Bank, N.A., et. al. vs. James Hawkesworth: et al., Eleventh Judicial Circuit, General Division, Case No. 06-15346 CA 06 SR 06CMB0020-1327 Deutsche Bank Trust Company Americas vs. Francis Keith Brush, et al., Eleventh Judicial Circuit, General Division, Case No. 06-18674 CA 27 SR 06CMB0020-1331 Carlos Merodio vs. The City of Miami Beach, a political subdivision of the State of Florida, First Transit, Inc., a foreign corporation and Hermeana Richardson. Eleventh Judicial Circuit, General Division, Case No. 06- 18457 CA 25 JLW 06CMB0020-1332 Bank of America. National Association successor by merger to Nations bank, N.A. vs. Carmen Gonzalez, et al.. Eleventh Judicial Circuit, General Division, Case No. 06-18328 CA 01 SR 06CMB0020-1335 13 2006-33 Novastar Mortgage, Inc. vs. Maider Martinez, et al. Eleventh Judicial Circuit, Case No. 06-23951 CA27 SR 06CMB0020-1345 2006-34 ABN Amro Mortgage Group, Inc. vs. Juan C. Perez, et al. Eleventh Judicial Circuit, Case No. 06-24627 CA13 SR 06CMB0020-1347 2006-35 Bank of America, N.A. successor by merger to Mortgage LLC. successor by merger to Nationsbanc Mortgage Corporation vs. Ava Rosa Diaz et al., Eleventh Judicial Circuit, General Division, Case No. 06-25230 CA 21 SR 06CMB0020-1348 2006-36 Wachovia Bank. National Association vs. Gustavo E. Gutierrez a/k/a Gustavo Gutierrez, Eleventh Judicial Circuit, General Division, Case No. 06-25873 CA 27 SR 06CMB0020-1352 2006-37 Washington Mutual Bank, vs. Ned Anaene, et al. Eleventh Judicial Circuit, Civil Division, Case No. 06-26758 CA 24 SR 06CMB0020-1354 2006-38 Bank of New York as Trustee for the certificate holders of CWMBS 2005-9 vs. Elio Mora a/k/a Elio G. Mora et al. Eleventh Judicial Circuit, Case No. 06-27287 CA 11 SR 06CMB0020-1355 2006-39 Jamoda Inc.. a Florida corporation, vs Valbo LLC, a Florida limited liability company and Delgriso, LLC, a Florida limited liability company, Florida Department of Professional Regulation. Division of Alcoholic Beverages and Tobacco: Florida Department of Revenue: and Agency for Workforce Innovation, IGT Media Holdings Inc.; Bird Song Services, and Rewards Network Establishment Services Inc.; City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-07594 CA01 DT 06CMB0020 1297 2006-40 Timothy M. Hoole and Irina Korneeva, Husband and Wife vs. Goddess Entertainment Group LLC, a Florida limited liability companv.d/b/a Club Empire; Florida Department of Professional Regulation, Division of Alcoholic Beverages and Tobacco: Florida Department of Revenue: and Agency for Workforce Innovation, and City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-23447 CA21 SR 06CMB0020-1344 2006-41 Allied Mortgage of the Southeast, Inc. vs. Conti -Tech Investments Holdings Limited a/k/a Conti -Tech Investment Holdings Limited. et al. Eleventh Judicial Circuit, Case No. 06-06717 CA11 DT 06CMB0020-1291 2006-42 Mortgage Investors II, LLC. vs. Conti Tech a/k/a Conti -Tech Investment Holdings Limited, et al. Eleventh Judicial Circuit, Case No. 06-06719 CA24 DT 06CMB0020-1292 14 2006-43 2006-44 2006-45 2006-46 2006-47 2006-48 2006-49 2006-50 LAND USE 2006-51 2006-52 Mortgage Investors 1, LLC. vs. Conti -Tech Investment Holdings LTD a/k/a Conti -Tech Investment Holdings Limited, et al. Eleventh Judicial Circuit, Case No. 06-06721 CA23 DT 06CMB0020-1293 Bayview Financial Trading Group, LP., vs. Jamil Khan, et al.. Eleventh Judicial Circuit, Case No. 06-05861 CA22 DT 06CMB0020-1294 Everhome Mortgage Company. vs. Olga Patricia Waring, et al., Eleventh Judicial Circuit, Case No. 06-06868 CA08 DT 06CMB0020-1295 Foreclosure Emigrant Savings Bank vs. Cecile D. Barker; City of Miami Beach and Portofino Towers Condominium Association, Inc. Eleventh Judicial Circuit, Case No. 06-6503 CA01 DT 06CMB0020-1302 Wachovia Bank of Delaware, N.A. vs. Terrence E. Rosenberg, et al., Eleventh Judicial Circuit, General Division, Case No. 06-18084 CA SR 06CMB0020-1336 Lasalle Bank National Association. as trustee for Certificate Holders of Bear Stearns Asset Backed Securities et al. vs. Mark Phillip a/k/a Mark Phillips et al. Eleventh Judicial Circuit, Case No. 06-22942 CA42 SR 06CMB0020-1342 US Bank National Association, et al. vs. Marc Shenker et al. Eleventh Judicial Circuit, Case No. 06-23778 CA03 SR 06CMB0020-1343 Timothy M. Hoole and Irina Korneeva. Husband and Wife vs. Goddess Entertainment Group LLC, a Florida limited liability companv,d/b/a Club Empire; Florida Department of Professional Regulation, Division of Alcoholic Beverages and Tobacco; Florida Department of Revenue: and Agency for Workforce Innovation, and City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-23447 CA21 SR 06CMB0020-1344 City of Miami Beach, a Florida Municipal Corporation. vs. 900 Collins Ave.. LLC, a Florida limited liability company. Eleventh Judicial Circuit, Case No. 06-01533 CA10 GH 06CMB0020-1274 900 Collins Avenue, LLC, a Florida limited liability company vs. City of Miami Beach, a Florida municipal corporation, and Thomas Velazquez, Building Official, City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-05341 CA09 GH 06CMB0020-1287 15 2006-53 2006-54 2006-55 Mickey Biss, Individually, and USA Express, Inc., a Florida corporation vs. David Dermer, individually. Saul Gross, individually, Richard Steinberg, individually, Jose Smith, individually, Matti Herrera Bower. individually. and Simon Cruz, individually. Eleventh Judicial Circuit, Case No. 06-5439 CA22 DJT 06CMB0020-1289 Murano at Portofino Condominium Association, Inc., a Florida not for profit corporation vs. Cecile D. Barker: Patricia Barker and City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-10146 CA08 DT 06CMB0020-1319 Petitioner, Brown's Hotel, LLC.. vs. Respondent. City of Miami Beach. and City of Miami Beach Board of Adiustment. Miami -Dade County Court, Appellate Division, Appellate Court Case No. 06-252 AP, Lower Court Case No. 3153 GH 06CMB0020-1322 2006-56 Ocean Drive Preservation Association, Inc., Christina LaBuzetta and Austin O'Toole vs. the City of Miami Beach, and Savoy Hotel Partners. LLC. Eleventh Judicial Circuit, Appellate Division, Lower Case No. HPB 3223 GH 06CMB0020-1333 2006-57 2006-58 2006-59 2006-60 Alton Sobe, LLC., vs. City of Miami Beach and the City Commission of the City of Miami Beach, The Miami Design Preservation League, Andrew Delapaine, Charles Recher, Carol Jacque, Mark Needle, Kelly Brock and Jean -Luc Blackburn. Eleventh Judicial Circuit, Lower Tribunal Case No. 06-26233 GH 06CMB0020-1339 North Beach Citizens for a Safe Neighborhood Pac, on behalf of John O. Gonzalez, Vernon Williams, and Carmen C. Maronier vs. City of Miami Beach Planning Board/ City of Miami Beach, a Florida municipal corporation, and Harding Village, LTD. In the District Court of Appeal, Third District, Case No. 06-2943, Lower Court Case No. 06-016 AP GH 06CMB0020-1350 OBR Limited vs. City of Miami Beach, a Florida municipal corporation. Miami Beach Owner, L.L.C.and Hardina Village. LTD. Eleventh Judicial Circuit, Appellate Division, Case No. 06-618 AP, Lower Tribunal Case No. ZBA File 3203 GH 06CMB0020-1353 Petitioner, Brown's Hotel, LLC., vs. Respondent, City of Miami Beach. and City of Miami Beach Board of Adiustment. Miami -Dade County Court, Appellate Division, Appellate Court Case No. 06-252 AP, Lower Court Case No. 3153 GH 06CMB0020-1322 CIVIL RIGHTS 2006-61 Jeffrey H. Daniel vs. Officer Humphrey et al. United States District Court, 16 2006-62 2006-63 2006-64 Southern District of Florida, Case No. 05-22582 CIV-KING/O'SULLIVAN DP 06CMB0020-1280 Marisol Ruizdelatorre and Michelle Fraaoso-Diaz vs. City of Miami Beach. a Florida Municipal Corporation: Officer Antonio Ferbevre Officer Noel Castillo, and "Officer Smith", individually, Eleventh Judicial Circuit, Case No. 06-07165 CA06 DP 06CMB0020-1300 Seth Gerzbera vs. City of Miami Beach, Florida, a Florida Municipal Corp. United States District Court, Southern District of Florida, Case No. 06- 21105 CIV -GOLD SS 06CMB0020-1301 Steven R. Pine vs. City of Miami Beach, a municipality of the State of Florida. Eleventh Judicial Circuit, Case No. 06-08741 CA27 KC/RM 06CMB0020-1303 2006-65 Scott Atchisson vs. City of Miami Beach. United States District Court, Southern District of Florida, Case No. 06-22243 CIV -MARTINEZ DP 06CMB0020-1346 2006-66 Holley Rauen and Nikki Hartman vs. City of Miami. a municipal entity: City of Miami Beach, a municipal entity; et al. United States District Court, Southern District of Florida, Case No. 06-21182 CIV -JORDAN DP 06CMB0020-1349 2006-67 Minette Benson vs. Suntrust Banks, Inc., City of Miami Beach, Officer William Collado, Individually. Eleventh Judicial Circuit, Case No. 05-2274 JW CA05 06CMB0020-1308 2006-68 Philipp Kloke vs. City of Miami Beach, a Florida municipality: William Sinkes, individually, John Doe1 et al. U.S. District Court, Southern District of Florida, Ft. Lauderdale Division. Case No. 06-60088 CIV-COOKE DP 06CMB0020-1275 2006-69 Leon Witherspoon vs. City of Miami Beach, a municipal entity. Officer Osvaldo Ramos. Wayne Colon. David Allen. Miami -Dade County. and Miami -Dade County Department of Corrections. Eleventh Judicial Circuit, Case No. 06-05946 CA25 DP 06CMB0020-1298 2006-70 Seth Gerzbera vs. City of Miami Beach. Florida. a Florida Municipal Corporation United States District Court, Southern District of Florida, Case No. 06-21105 CIV -GOLD SS 06CMB0020-1301 2006-71 John S. Davis vs. City of Miami Beach. Florida. Eleventh Judicial Circuit, Civil Division, Case No. 06-13344 CA 31 DP 06CMB0020-1323 17 2006-72 Jason Rutkin vs. Sagamore Partners, LTD., and The City of Miami Beach. Eleventh Judicial Circuit, Civil Division, Case No. 05-21133 CA 09 JLW 06CMB0020-1329 MISCELLANEOUS 2006-73 The Home Depot Supply , Inc., vs The City of Miami Beach, Florida, a Florida municipal corporation. County Court, Small Claims Division, Case No. 06-01817 SP26 JD 06CMB0020-1296 2006-74 South Florida Art Center. Inc. vs. City of Miami Beach. Eleventh Judicial Circuit, Case No. 06-04952 CA10 See 06CMB0020-1284 (1316) 2006-75 Royce Parking Control Systems, Inc., a Florida corporation, vs. City of Miami Beach, a political subdivision of Florida. Miami -Dade County Court, Civil Division, Case No. 06-08790 SP 05 SR 06CMB0020-1321 2006-76 Martin C. Stanley vs. City of Miami Beach. County Court, Civil Division, Case No. 06-01753 SP 24 SR 06CMB0020-1337 2006-77 Frank E. Jacobs, as Property Appraiser of Miami -Dade County, Florida vs. RDP Royal Palm Hotel Limited Partnership, Royal Palm Hotel Prop. LLC. Miami Beach Redevelopment Agency and James Zingale, as Executive Director of the State of Florida department of Revenue., Eleventh Judicial Circuit, General Division, Case No. 06-24195 CA 15 06CMB0020-1351 2006-78 Portfolio Recovery Associates, LLC vs Donald McGavern and City of Miami Beach, Florida. County Court in and for Broward County, Case No. 06-5319-COWE-81 (Garnishment) SR 06CMB00020-1356 2006-79 2006-80 2006-81 HH Miami Beach LLC, d/b/a Hustler Hollywood vs. City of Miami Beach, United States District Court, Southern District of Florida, Case No. 06- 20487 CIV-MORENO GH 06CMB0020-1282 In Re: South Beach Community Hospital. LLC. United States Bankruptcy Court Southern District of Florida, Case No. 06-10634-LMI, Chapter 11 DT 06CMB 0020-1285 Mac-Pac Waste & Recycling Services, Inc., a Florida Corporation vs. The City of Miami Beach, a political Subdivision of the State of Florida. and Robert Parcher, City Clerk of the City of Miami Beach. a Political Subdivision of the State of Florida. Eleventh Judicial Circuit, Case No. 0610348 CA11 JO 06CMB0020-1320 18 LIST OF CASES OPENED IN 2007 FORECLOSURES 2007-1 Wells Fargo Bank. National Association. as Trustee vs. Monica Faiardo et al., Eleventh Judicial Circuit, General Division, Case No. 07-000121 CA 23 SR 07CMB00020-1357 2007-2 DLJ Mortgage Capital. Inc vs. Rachel Kornitzer. et al, Eleventh Judicial Circuit, General Division, Case No. 07-04592 CA 02 07CMB00020-1363 (paid by 1410 -349 -foreclosure expenses) 2007-3 Club Deep, Inc., vs. Rendevous Holding, LLC, et al. Eleventh Judicial Circuit, General_Division, Case No. 07-03378 CA 24 07CMB00020-1364 (paid by 1410-349 — foreclosure expenses) 2007-4 2007-5 2007-6 2007-7 Washington Mutual Bank v. Roberto Caan, et. al. Eleventh Judicial Circuit Court, General Jurisdiction Division, Case No.: 07-05802 CA 27 (SHR) CMB00020-1366 Ohio Savings Bank v. Anna G. Blank, et. al. Case No.: 07-05736 CA 08 Eleventh Judicial Circuit Court, General Jurisdiction Division, (SHR) CMB00020-1367 Deutsche Bank National Trust Company. as Trustee v. Glenn Godsev Kathlena Godsev Mortgage Electronic Reaistration Systems. Inc. as Nominee for Home Loan Center Inc.. d/b/a Lending Tree Loans. Case No.: 07-05226 CA 21 SR CMB00020-1368 Deustche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-4 v. Hiram Fernandez, et ux., et. al. Case No.: 07-06148 CA 32 07CBM00020-1371 SR PERSONAL INJURY 2007-8 2007-9 Esther Alvarez vs. Metropolitan Dade County, a political subdivision of the State of Florida and City of Miami Beach. Eleventh Judicial Circuit, General Division, Case No. 06-23521 CA 24 07CMB00020-1358 Cornelia Hof vs. Ric -Man International, Inc.. Bell South Corp., and City of Miami Beach. Eleventh Judicial Circuit, General Division, Case No. 07- 1803 CA 06 07CMB00020-1359 2007-10 Claire Diamond and Herbert Diamond, vs. City of Miami Beach and Dimitri 19 Construction Services, Corp. and Cobalt Capital, Inc. Eleventh Judicial Circuit, General Division, Case No. 06-28498CA 02 RM 07CMB00020- 1360 2007-11 Heriberto Valdes vs. City of Miami Beach, Eleventh Judicial Circuit, General General Division, Case No. 07-03604 CA 22 07CMB00020-1362 2007-12 Mariela de Gonzalez v. City of Miami Beach Eleventh Judicial Circuit Court, General Jurisdiction Division Case No.: 07-05708 CA 31 CMB00020-1369 CIVIL RIGHTS 2007-13 Oscar Maita v. City of Miami Beach, Eleventh Judicial Circuit Court, General Division, Sgt. P. Masters, Ofcr. L. Vernon, and OFCR. E. DOCE, Case No.: 07-02872 CA 15 (DP) CMB00020-1365 MISCELLANEOUS 2007-14 2007-15 Magnum Construction Management Corporation vs. City of Miami Beach Political Subdivision of the State of Florida. Eleventh Circuit court, Case No. 07-4069 CA 24 JO 07CMB00020-1361 Miscellaneous Bid protest Washington Ave, Inc. vs. City of Miami Beach, a Florida municipal corp. Eleventh Judicial Circuit Court, General Jurisdiction Division, Case No.: 07-05000 CA 21, 07CMB00020-1370 RM Miscellaneous Housing Complaint 20 CONCLUSION It has been a great privilege to serve as City Attorney during the past year. I have enjoyed working with the elected officials, the City Manager, his staff, as well as the advisory boards and committees. I have also enjoyed going out to the community to explain the role of the City Attorney's Office. I am proud to say that significant progress has been made in the five (5) critical areas needing improvement and that negative perceptions and morale issues have been largely if not entirely eliminated. I look forward to working with you to address all legal matters affecting the City and help keep the City of Miami Beach a world class community. If you have any questions or need additional information, please let me know. 21 CHARTS $1,540,000.00 $1,520,000.00 $1,500,000.00 $1,480,000.00 $1,460,000.00 $1,440,000.00 $1,420,000.00 seuieies $1,400,000.00 $1,380,000.00 $1,360,000.00 $1,340,000.00 $1,320,000.00 Q L Q 0 CO U U 0 0 0 0 0 0 CO EA $1,520,119.83 $1,520,119.83 $1,499,320.62 $1,464,487.70 —♦- Series 1 t O 2 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O CO LO ln LO LO ER CO ER CO CO ER EH ER ER ER sielloa EO CO LC) ER O CO CO rn 0 0 r 0 C U U co 2 L.C) ca CO O CO O i Q O 9 .Q L() 0) N 0) O O EA O_ N O OO M LC) EA 4) C ca To •L A 6 c L (0 0 O Q U Q i O 0 0 •L 03 OE O U ca $2,200,000.00 $2,150,000.00 $2,100,000.00 $1,950,000.00 $1,900,000.00 $1,850,000.00 CO CO O O 0 0 CO O CO O CO C0 L Q $1,978,123.09 $2,106,131.23 $2,106,131.23 $2,140,250.19 $2,002,679.80 Series1 N 0 2 N Q) M • O Q O a co 71" w� u- T- o J I Lu +. cr) Z O O U Q w - m v) E >+ n O O a E ti w 06 LL tr. J 10/1/06-4/1/07 O O o O o O o 0 O o 0 0 o O o 0 0 0 0 0 0 0 0 ER 0 0 00 0 0 o 0 0 0 0 0 6 Expenditures to date Appropriated Budget FY 07 - OUTSIDE COUNSEL FEES PAID General Matters Account - 01t1410.000312 10/1/06-04/1/07 0 0 0 0 0 0 0 0 o Ea 0 o 0 0 0 0 0 00 M o N o Ln o Ln EA EA EA EA EA EA Expenditures to date Appropriated Budget R7 - Resolutions R7D A Resolution Relating To The Annual Evaluation Of The City Attorney; Receiving The City Attorney's Report; And Adjusting His Employment Contract Accordingly. (City Attorney's Office) (Memorandum & Resolution to be Submitted in Supplemental) AGENDA ITEM 1,770 DATE ''/6-67 (A__ MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Members of the City Commission FROM: Mayor David Dermer DATE: May 16, 2007 SUBJECT: Performance Evaluation for April 2006 to April 2007 On April 11, 2007, the City Attorney completed his first year of service as City Attorney of Miami Beach. Pursuant to his Employment Agreement, the City shall review and evaluate the performance of the City Attorney annually, and the Mayor shall provide the City Attorney with a summary of the findings of the Commission. Compensation and other adjustments to his contract are also reviewed at this time. The City Attorney has provided me, and I have shared with you, a comprehensive report setting forth how the City Attorney and his department have fulfilled the goals and objectives, endorsed by the City Commission and summarizing their accomplishments over the period between April 11, 2006 and April 11, 2007. I have forwarded your written comments to the City Attorney and have directly relayed my observations of his performance over the past year. I am also aware that each of you has also had the opportunity to relay your observations directly with the City Attorney. The attached resolution adjusts the City Attorneys' Employment Agreement in recognition of his exemplary performance. Attachments We are committed to providing excellent public service and safety to all who live, work, and p/ay in our vibrant, tropical, historic community. City Attorney Performance Evaluation Guidelines This form may be used by each Member of the City Commission to evaluate the City Attorney's performance in fulfilling the role he plays in the City's government. The City Attorney is graded 1-4, with the following scale: 1 — poor 2 — fair 3 — good 4 — excellent Each member of the Commission should sign the form and forward it to the Mayor who will be responsible for compiling the comments. The forms and accompanying summary should then be presented to the City Attorney for his permanent file. 1 Personal 4 Devotes sufficient efforts towards being diligent and prepared in the discharge of his duties. q- Composure, appearance, and demeanor for an individual in his profession. 2. Professional Skills and Status 4 Knowledge of legal issues affecting the City. 4 Respected in legal profession. 4 Capacity for innovation and creativity. 4 Anticipates legal problems and develops effective approaches for solving them. 4 Willingness to consider new ideas proposed by Commission. Page 1 of 4 3. Relations with Commission 1- Carries out directives of the Commission as a whole rather than those of any one Commission member. 4- Assists the Commission in resolving legal problems early to avoid unnecessary Commission action. 4- Responds to requests for information or assistance by the Commission. ' Receptive to constructive criticism and advice. 4. Policy Execution 4- Implements Commission directions regarding legal matters. * Supports the actions of the City Commission after a decision has been made. 4- Defends City policies and laws I- Offers workable alternatives to the Commission for changes in the law when an ordinance or policy proves impractical. 5. Reporting 4- Informs the Commission about important legal matters. 4- Reports are accurate and understandable 4 Adequately addresses legal issues raised during agenda reviews. 6. Citizen Relations 4 Responds to complaints/inquiries appropriately. I Dedicated to the community and to its citizens. 9- Skillful with the news media - avoiding political positions and partisanship. 4 Has the capacity to listen to others and to recognize their interest — work well with others. AI/ A Cooperates with the county, state and federal governments. Page 2 of 4 7 Staffing 3 Recruits and retains competent personnel. 4 Works to improve performance of staff. Committed to ensuring diversity in the workforce. 4 Accurately informed and concerned about employee issues. 8. Supervision of Instills confidence and initiative in subordinates. 4' Has developed a professional, cooperative relationship with legal staff thereby maintaining the prestige and dignity of the office. Subordinates carry out legal assignments consistent with the directions of the City Attorney. 9. Fiscal Management 4- Prepares a balanced budget to provide services at a level intended by the Commission. f Makes appropriate use of allocated funds, mindful of the need to operate the office efficiently and effectively. 10. What have been the major accomplishments of the City Attorney this past year? As oJ+l,nPc,Q ;n ?<dr repo/ t,,yoo have done a.Drea.f- �'©b �n re preSent;n3 -the. e.(j'6 /e5ct,l ;r,ferestS cbic/ enhgnc,ny the pres4,5e o F -Phe efi-A t forney's of F,'ce. yo, tiave done ' f e(C,'e.ienily and well be/oc.J yo✓- c/ e4-. Tne very s‘'anl F%can+ 1<ctuc;o,- ;n cJfs,'Je (o/rise l Fees I's Co,,.i,,iendadle and Spec(kS ✓ol')/nes u'oJt Dov' cl,',/e.1-S- /e5a I 5k, ils . Page 3 of 4 11. What areas of the City Attorney's performance need improvement? Why? What constructive, positive ideas can you offer the City Attorney to improve in these areas? r .ou 5601 d cons det de lea -1,11.9 more of the Ieg4! +o your able S-Ia F(, Page 4 of 4 Signature /Z- C)"?" Date City Attorney Performance Evaluation Guidelines This form may be used by each Member of the City Commission to evaluate the City Attorney's performance in fulfilling the role he plays in the City's government. The City Attorney is graded 1-4, with the following scale: 1 — poor 2 — fair 3 — good 4 — excellent Each member of the Commission should sign the form and forward it to the Mayor who will be responsible for compiling the comments. The forms and accompanying summary should then be presented to the City Attorney for his permanent file. 1. Personal Devotes sufficient efforts towards being diligent and prepared in the discharge of his duties. Composure, appearance, and demeanor for an individual in his profession. 2. Professional Skills and Status Page 1 of 4 14 Knowledge of legal issues affecting the City. Respected in legal profession. Capacity for innovation and creativity. Anticipates legal problems and develops effective approaches for solving them. Willingness to consider new ideas proposed by Commission. 3. Relations with Commission \-( Carries out directives of the Commission as a whole rather than those of any one Commission member. Assists the Commission in resolving legal problems early to avoid unnecessary Commission action. Responds to requests for information or assistance by the Commission. Receptive to constructive criticism and advice. 4. Policy Execution �-� Implements Commission directions regarding legal matters. `I Supports the actions of the City Commission after a decision has been made. Defends City policies and laws I Offers workable alternatives to the Commission for changes in the law when an ordinance or policy proves impractical. 5. Reporting Informs the Commission about important legal matters. Reports are accurate and understandable Adequately addresses legal issues raised during agenda reviews. 6. Citizen Relations Page 2 of 4 Responds to complaints/inquiries appropriately. Dedicated to the community and to its citizens. Skillful with the news media - avoiding political positions and partisanship. Has the capacity to listen to others and to recognize their interest - work well with others. Cooperates with the county, state and federal governments. 7 Staffing Recruits and retains competent personnel. Works to improve performance of staff. Committed to ensuring diversity in the workforce. �-� Accurately informed and concerned about employee issues. 8. Supervision Instills confidence and initiative in subordinates. Has developed a professional, cooperative relationship with legal staff thereby maintaining the prestige and dignity of the office. Subordinates carry out legal assignments consistent with the directions of the City Attorney. 9. Fiscal Management Prepares a balanced budget to provide services at a level intended by the Commission. Makes appropriate use of allocated funds, mindful of the need to operate the office efficiently and effectively. 10. What have been the major accomplishments of the City Attorney this past year? Page 3 of 4 11. What areas of the City Attorney's performance need improvement? Why? What constructive, positive ideas can you offer the City Attorney to improve in these areas? ianat /bate Page 4 of 4 City Attorney Performance Evaluation Guidelines This form may be used by each Member of the City Commission to evaluate the City Attorney's performance in fulfilling the role he plays in the City's government. The City Attorney is graded 1-4, with the following scale: 1 — poor 2 — fair 3 — good 4 — excellent Each member of the Commission should sign the form and forward it to the Mayor who will be responsible for compiling the comments. The forms and accompanying summary should then be presented to the City Attorney for his permanent file. 1. Personal Devotes sufficient efforts towards being diligent and prepared in the discharge of his duties. Composure, appearance, and demeanor for an individual in his profession. 2. Professional Skills and Status Knowledge of legal issues affecting the City. Respected in legal profession. `1 Capacity for innovation and creativity. Anticipates legal problems and develops effective approaches for solving them. Willingness to consider new ideas proposed by Commission. Page 1 of 4 3. Relations with Commission N Carries out directives of the Commission as a whole rather than those of any one Commission member. Assists the Commission in resolving legal problems early to avoid unnecessary Commission action. Responds to requests for information or assistance by the Commission. L4, Receptive to constructive criticism and advice. 4. Policy Execution Implements Commission directions regarding legal matters. `I Supports the actions of the City Commission after a decision has been made. L Defends City policies and laws Offers workable alternatives to the Commission for changes in the law when an ordinance or policy proves impractical. 5. Reporting Informs the Commission about important legal matters. Reports are accurate and understandable 1 Adequately addresses legal issues raised during agenda reviews. 6. Citizen Relations Page 2 of 4 Responds to complaints/inquiries appropriately. Dedicated to the community and to its citizens. Skillful with the news media - avoiding political positions and partisanship. Has the capacity to listen to others and to recognize their interest — work well with others. Cooperates with the county, state and federal governments. 7. Staffing u Recruits and retains competent personnel. Works to improve performance of staff. Committed to ensuring diversity in the workforce. L! Accurately informed and concerned about employee issues. 8. Supervision Instills confidence and initiative in subordinates. Has developed a professional, cooperative relationship with legal staff thereby maintaining the prestige and dignity of the office. Subordinates carry out legal assignments consistent with the directions of the City Attorney. 9. Fiscal Management Prepares a balanced budget to provide services at a level intended by the Commission. Makes appropriate use of allocated funds, mindful of the need to operate the office efficiently and effectively. 10. What have been the major accomplishments of the City Attorney this past year? 3,11' 6c,f, aerivti 11rIgt@ti -- D 4h theiv o dtr v — OC4'ti‘ixo cyDD v,s b40-fi sffe9S1 ileA/fit f)-vt ii2A4,644 Af/vv,..ck, (1/illqS 111) — C C fie, S / K !�) 0(���� S "' or)J))s page 3°�Wfti-7,00()'1�-- -ap �.�✓�d �''d��-+� -�o sed po�ic,� 11. What areas of the City Attorney's performance need improvement? Why? What constructive, positive ideas can you offer the City Attorney to improve in these areas? ."1" rAlCe ISALf t°91/1/7 itC)47/5 ro,kt VLI,3 00) pa/v14,4Ax- orjwevt-t-‹-- dLof S J P.Q, I.1,01.J peus- v'gW s clizA L-16.8 /0445-eAru.c) (64j ) 0 aXitt91A-AP-0 i/Q,cezne),A-ca, rz iY sf s� saArk �7�-e�✓ ,s Lee. ✓off Page 4 of 4 Signature 07 Dt City Attorney Performance Evaluation Guidelines This form may be used by each Member of the City Commission to evaluate the City Attorney's performance in fulfilling the role he plays in the City's government. The City Attorney is graded 1-4, with the following scale: 1 — poor 2 — fair 3 — good 4 — excellent Each member of the Commission should sign the form and forward it to the Mayor who will be responsible for compiling the comments. The forms and accompanying summary should then be presented to the City Attorney for his permanent file. 1. Personal Devotes sufficient efforts towards being diligent and prepared in the discharge of his duties. Composure, appearance, and demeanor for an individual in his profession. 2. Professional Skills and Status Knowledge of legal issues affecting the City. Respected in legal profession. L.+ Capacity for innovation and creativity. ✓ Anticipates legal problems and develops effective approaches for solving them. Willingness to consider new ideas proposed by Commission. Page 1 of 4 3. Relations with Commission Carries out directives of the Commission as a whole rather than those of any one Commission member. Assists the Commission in resolving legal problems early to avoid unnecessary Commission action. Responds to requests for information or assistance by the Commission. Receptive to constructive criticism and advice. 4. Policy Execution Implements Commission directions regarding legal matters. Supports the actions of the City Commission after a decision has 1. been made. I Defends City policies and laws 3 Offers workable alternatives to the Commission for changes in the law when an ordinance or policy proves impractical. 5. Reporting Informs the Commission about important legal matters. Reports are accurate and understandable Adequately addresses legal issues raised during agenda reviews. 6. Citizen Relations Responds to complaints/inquiries appropriately. Dedicated to the community and to its citizens. Skillful with the news media - avoiding political positions and partisanship. JL) Page 2 of 4 Has the capacity to listen to others and to recognize their interest — work well with others. Cooperates with the county, state and federal governments. 7. Staffing Recruits and retains competent personnel. Works to improve performance of staff. Committed to ensuring diversity in the workforce. Accurately informed and concerned about employee issues. 8. Supervision stills confidence and initiative in subordinates. 7* 11), las developed a professional, cooperative relationship with legal staff thereby maintaining the prestige and dignity of the office. Subordinates carry out legal assignments consistent with the directions of the City Attorney. 9. Fiscal Management Prepares a balanced budget to provide services at a level intended by the Commission. Makes appropriate use of allocated funds, mindful of the need to operate the office efficiently and effectively. 10. What have been the major accomplishments of the City Attorney this past year? Qfri GQ DGS C -66'c" ag Page 3 of 4 11. What areas of the City Attorney's performance need improvement? Why? What constructive, positive ideas can you offer the City Attorney to improve in these areas? ; /441-)t),, ileedg -fro rLye.ijt,a-r-_S rde4 \c±G1-9 rifae 11(1"(tt kJ1-- '-(>(Atj Jc4 61(1,2 N S nacre 5 114c-�- bate Page 4 of 4 7 05/15/2007 11:113 3053 750544 PLUS INTER BANK PAGE 02/05 City Attorney Performance Evaluation Guidelines This form may be used by each Member of the City Commission to evaluate the City Attorney's performance in fulfilling the role he plays in the City's government. The City Attorney is graded 1-4, with the following scale: 1 — poor 2 — fair 3 — good 4 -- excellent Each member of the Commission should sign the form and forward it to the Mayor who will be responsible for compiling the comments. The forms and accompanying summary should then be presented to the City Attorney for his permanent file. 1 Personal Devotes sufficient efforts towards being diligent and prepared in the discharge of his duties. /. Composure, appearance, and demeanor for an individual in his ! profession. 2. Professional Skills and Status Pape 1 o' h Knowledge of legal issues affecting the City. Respected in legal profession. Capacity for innovation and creativity. Anticipates legal problems and develops effective approaches for solving them. Willingness to consider new ideas proposed by Commission. 05115!2007 11:15 3053750544 FLUS INTER BANK PAGE 03/05 3. Relations with Commission, Carries out directives of the Commission as a whole rather than those of any one Commission member. Assists the Commission in resolving legal problems early to avoid unnecessary Commission action. Responds to requests for information or assistance by the Commission. Receptive to constructive criticism and advice. 4. olicv Execution, Implements Commission directions regarding legal matters. Supports the actions of the City Commission after a decision has been made. Defends City policies and laws Offers workable alternatives to the Commission for changes in the law when an ordinance or policy proves impractical. !1 5. Reporting f. Informs the Commission about important legal matters. Reports are accurate and understandable Adequately addresses legal issues raised during agenda reviews. 6. Citizen Relations Ipso 204 Responds to complaints/inquiries appropriately. Dedicated to the community and to its citizens. Skillful with the news media - avoiding political positions and partisanship. Has the capacity to listen to others and to recognize their interest — work well with others. Cooperates with the county, state and federal governments. 05/15.200 11:15 3053750544 Staffing PLUS INTER BANK PAGE 04/05 Recruits and retains competent personnel. Works to improve performance of staff. Committed to ensuring diversity in the workforce. Accurately informed and concerned about employee issues. 8. Supervision Instills confidence and initiative in subordinates. Has developed a professional, cooperative relationship with legal staff thereby maintaining the prestige and dignity of the office. Subordinates carry out legal assignments consistent with the directions of the City Attorney. 9. Fiscal Manaaement 7 Prepares a balanced budget to provide services at a level intended by the Commission. Makes appropriate use of allocated funds, mindful of the need to operate the office efficiently and effectively. 10. What have been the major accomplishments of the City Attorney this past year? 05.'15/2007 11:16 3053750544 PLUS INTER BANK PAGE 05/95 11. What areas of the City Attorney's performance need improvement? Why? What constructive, positive ideas can you offer the City Attorney to improve in these areas? PEpe 4 0' 4 Signature l / U Date City Attorney Performance Evaluation Guidelines This form may be used by each Member of the City Commission to evaluate the City Attorney's performance in fulfilling the role he plays in the City's government. The City Attorney is graded 1-4, with the following scale: 1 — poor 2 —fair 3 — good 4 — excellent Each member of the Commission should sign the form and forward it to the Mayor who will be responsible for compiling the comments. The forms and accompanying summary should then be presented to the City Attorney for his permanent file. 1 Personal Devotes sufficient efforts towards being diligent and prepared in the discharge of his duties. 'Composure, appearance, and demeanor for an individual in his profession. 2. Professional Skills and Status _1 Knowledge of legal issues affecting the City. t Respected in legal profession. Capacity for innovation and creativity. I Anticipates legal problems and develops effective approaches for solving them. VI Willingness to consider new ideas proposed by Commission. Page 1 of 4 3. Relations with Commission Carries out directives of the Commission as a whole rather than those of any one Commission member. Assists the Commission in resolving legal problems early to avoid unnecessary Commission action. Responds to requests for information or assistance by the Commission. Receptive to constructive criticism and advice. 4. Policy Execution Implements Commission directions regarding legal matters. Supports the actions of the City Commission after a decision has been made. Defends City policies and laws Offers workable alternatives to the Commission for changes in the law when an ordinance or policy proves impractical. 5. Reporting Informs the Commission about important legal matters. Reports are accurate and understandable Adequately addresses legal issues raised during agenda reviews. 6. Citizen Relations LI Responds to complaints/inquiries appropriately. Dedicated to the community and to its citizens. LI Skillful with the news media - avoiding political positions and partisanship. Page 2 of 4 Has the capacity to listen to others and to recognize their interest — work well with others. Cooperates with the county, state and federal governments. 7 Staffing j Recruits and retains competent personnel. Ci Works to improve performance of staff. Committed to ensuring diversity in the workforce. Accurately informed and concerned about employee issues. 8. Supervision c-( Instills confidence and initiative in subordinates. Has developed a professional, cooperative relationship with legal staff thereby maintaining the prestige and dignity of the office. Subordinates carry out legal assignments consistent with the directions of the City Attorney. 9. Fiscal Management LIPrepares a balanced budget to provide services at a level intended by the Commission. Makes appropriate use of allocated funds, mindful of the need to operate the office efficiently and effectively. 10. What have been the major accomplishments of the City Attorney this past year? a I) np Co ,,5e) CJ55. u-vc/( Page 3 of 4 11. What areas of the City Attorney's performance need improvement? Why? What constructive, positive ideas can you offer the City Attorney to improve in these areas? Signature_ • 57/L-dO Date Page 4 of 4 City Attorney Performance Evaluation Guidelines This form may be used by each Member of the City Commission to evaluate the City Attorney's performance in fulfilling the role he plays in the City's government. The City Attorney is graded 1-4, with the following scale: 1 — poor 2 — fair 3 — good 4 — excellent Each member of the Commission should sign the form and forward it to the Mayor who will be responsible for compiling the comments. The forms and accompanying summary should then be presented to the City Attorney for his permanent file. 1 Personal y Devotes sufficient efforts towards being diligent and prepared in the discharge of his duties. 3 Composure, appearance, and demeanor for an individual in his profession. 2. Professional Skills and Status 3 Knowledge of legal issues affecting the City. Respected in legal profession. Capacity for innovation and creativity. 3 Anticipates legal problems and develops effective approaches for solving them. Y Willingness to consider new ideas proposed by Commission. Page 1 of 4 3. Relations with Commission Carries out directives of the Commission as a whole rather than those of any one Commission member. Assists the Commission in resolving legal problems early to avoid unnecessary Commission action. LI Responds to requests for information or assistance by the Commission. Receptive to constructive criticism and advice. 4. Policy Execution l Implements Commission directions regarding legal matters. 1 Supports the actions of the City Commission after a decision has been made. I( Defends City policies and laws 3 Offers workable alternatives to the Commission for changes in the law when an ordinance or policy proves impractical. 5. Reporting 11( Informs the Commission about important legal matters. Reports are accurate and understandable ' Adequately addresses legal issues raised during agenda reviews. 6. Citizen Relations /1/`q- Responds to complaints/inquiries appropriately. y Dedicated to the community and to its citizens. /i' Skillful with the news media - avoiding political positions and partisanship. Has the capacity to listen to others and to recognize their interest — work well with others. Cooperates with the county, state and federal governments. Page 2 of 4 7. Staffing 3 Recruits and retains competent personnel. Works to improve performance of staff. Y Committed to ensuring diversity in the workforce. 4_ Accurately informed and concerned about employee issues. 8. Supervision Instills confidence and initiative in subordinates. Has developed a professional, cooperative relationship with legal staff thereby maintaining the prestige and dignity of the office. Y Subordinates carry out legal assignments consistent with the directions of the City Attorney. 9. Fiscal Management YPrepares a balanced budget to provide services at a level intended by the Commission. yMakes appropriate use of allocated funds, mindful of the need to operate the office efficiently and effectively. 10. What have been the major accomplishments of the City Attorney this past year? Page 3 of 4 11. What areas of the City Attorney's performance need improvement? Why? What constructive, positive ideas can you offer the City Attorney to improve in these areas? j/1-./tied ‘„,„4(Z;e; 4;6p.1.gi 46-1 "Signature l7zY c7 Date Page 4 of 4