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Resolution 367-2014RESOLUTION NO. 367 - 2014 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING RESOLUTION NO. 183-2010 TO ALSO APPLY TO THE PERFORMANCE EVALUATION OF THE COUNTY ATTORNEY BY THE COMMISSIONERS; PROVIDING THE PERFORMANCE EVALUATION FORM TO BE UTILIZED BY THE COMMISSIONERS FOR THE EVALUATION OF THE COUNTY ATTORNEY; AND ELIMINATING THE PUBLIC REVIEW OF THE PERFORMANCE EVALUATIONS OF THE COUNTY ADMINISTRATOR AND/OR THE COUNTY ATTORNEY BY THE BOARD AT A PUBLIC MEETING. WHEREAS, the Board adopted Resolution No. 183-2010 on June 16, 2010 to establish a process for the Commissioners to evaluate the performance of the County Administrator, said resolution attached hereto and made a part of this resolution as Exhibit A., and WHEREAS, the County subsequently implemented a performance evaluation process for all County employees, including all contract employees, but was silent with respect to the County Administrator and the County Attorney; and WHEREAS, on February 19, 2014, the Board approved using the performance evaluation process and the adapted International Municipal Lawyers Association (IMLA) Form, as set forth in Resolution No. 138-2010, for the County Attorney and approved a County Attorney Performance Review Rating Sheet, attached hereto and made a part of this resolution as Exhibit B., to be utilized by the Board specifically for the performance evaluation of the County Attorney; and WHEREAS, the performance evaluation process for the County Administrator currently set forth in Resolution No. 138-2010 requires the Board to review the performance evaluations of the County Administrator at a public meeting and, pursuant to Board action on February 19, 2014, the County Attorney; and WHEREAS, the Board does not review the performance evaluations of any other County employees, including other contract employees, at a public meeting; and WHEREAS, on October 17, 2014, the Board directed staff to amend Resolution No. 138-2010 to remove language in the resolution requiring the Board to review the performance evaluations of the County Administrator and the County Attorney at a public meeting; now therefore; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: 1. Section 1. of Resolution No. 138-2010 is hereby amended to read: A process for evaluation of the County Administrator and County Attorney is hereby established. 1 2. Section 2. of Resolution No. 138-2010 is hereby amended to read: 2. A) The performance of the County Administrator and the County Attorney shall be evaluated at intervals established as part of the County's overall performance evaluation process for its employees but using the process and forms contained in this resolution. At any time, however, any commissioner may commence the evaluation process by requesting at a County Commission meeting, regardless of whether the agenda has an item listed for that topic, that a performance evaluation of the County Administrator or the County Attorney be conducted. B) Upon such request, the BOCC, by a simple majority of the commissioners present, providing that there is a quorum, may approve the conduct of such evaluation, or may set a future date for the BOCC to consider the setting of an evaluation as a posted item, directing staff to insure that the item is placed on the agenda. In either case, a simple majority of commissioners present, if there is a quorum, may set the date for the evaluation to be completed. C) Upon the setting of a date for the evaluation through the process above, the Commissioners shall each be supplied with the County Administrator and/or County Attorney Evaluation Form(s), in substantially the form as attached hereto, or such other form as the BOCC may have approved for this purpose. D) Each Commissioner shall individually fill out an evaluation form for the Administrator and/or County Attorney, which forms shall be public records, the custodian of which shall be the Clerk for the BOCC. E) Each Commissioner may meet with the Administrator and/or County Attorney ifhe or she chooses, but shall not be required to do so. F) Each Commissioner shall provide a copy of his or her completed form(s) to the Clerk's Internal Auditor for compilation of the contents of the 5 evaluations. G) The compilation shall be provided to the Commission to review with the Administrator and/or County Attorney the results of the evaluation, and to determine what, if any, actions shall be taken to correct or improve the Administrator's and/or County Attorney's performance. 2 3. This Resolution shall become effective upon the date of its adoption. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 18t' of November, 2014. Mayor Rolhage Yes Mayor Pro Tem Carruthers Yes Commissioner Neugent Yes Commissioner Rice Yes Commissioner Murphy Yes `. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA HEAVILIN, CLERK By. eputy berk Mayor/Chairman 1 ri,NO 304NOW N £ :6 WV £ 1 330 W01 H0038 60.E a331j MONROE COUNTY gLTOR"EY AP M: ROGER _ B. , ILUNGER, m- Dab MM� 3 EXHIBIT A. TO RESOLUTION RESOL UTION NO. 183-2010 Adopted June 11, 2010 RESOLUTION NO. 183-2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA, ESTABLISHING A PROCESS FOR THE COUNTY COMMISSIONERS TO EVALUATE THE PERFORMANCE OF THE COUNTY ADMINISTRATOR. WHEREAS, the contract between the BOCC and the County Administrator provides that the BOCC and Administrator shall periodically define goals, performance objectives, relative priorities, and time lines for proper operation of county government and achievement of the BOCC's policy objectives, which shall be memorialized by BOCC Resolution(s) which "become the basis for review and evaluation of the Administrator's work performance;" and WHEREAS, to date no such resolutions have been passed and the administrator generally obtains direction from the BOCC through consensus -taking but no formal vote, and by those formal actions of the BOCC memorialized in the minutes or in documents such as contracts; and WHEREAS, the Administrator's contract also provides that a "review and performance evaluation of the Administrator may be conducted as often as the BOCC may deem appropriate;" and WHEREAS, it is deemed to be in the best interests of the public for the BOCC to regularly evaluate the performance of the Administrator in order to reinforce good performance and to provide direction on those matters for which the BOCC deems improvement is needed, rather than to allow such time to elapse as exacerbates problems generated by malfeasance, misfeasance or omission; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY that: 1. A process for evaluation of the performance of the County Administrator is hereby established. 2. The evaluation process shall be as follows: A) Any commissioner may commence the evaluation process by requesting at a County Commission meeting, regardless of whether the agenda has an item listed for that topic, that an evaluation of the Administrator's performance be conducted; B) Upon such request, the BOCC, by a simple majority of the commissioners present, providing that there is a quorum, may approve the conduct of such evaluation, or may set a future date for the BOCC to consider the setting of an evaluation as a posted item, directing staff to insure that the item is placed on the agenda. In either case, a simple majority of commissioners present, if there is a quorum, may set the date for the evaluation to be completed in a public meeting. C) Upon the setting of a date for the public portion of an evaluation through the process above, the Commissioners shall each be supplied with an Evaluation Form, in substantially the form attached hereto, or such other form as the BOCC may have approved for this purpose. D) Each Commissioner shall individually fill out an evaluation form for the Administrator, which forms shall be public records, the custodian of which shall be the Clerk for the BOCC. E) Each Commissioner may meet with the Administrator if he or she chooses prior to the County Commission meeting which has been designated by the BOCC for the public segment of the evaluation to be heard, but shall not be required to do so. F) Each Commissioner shall provide a copy of his or her completed form to the Clerk's Internal Auditor for compilation of the contents of the 5 evaluations. G) The compilation shall be included in an agenda item for the Commission to review with the Administrator the results of the evaluation, to take public input, and to determine what, if an, actions shall be taken to correct or improve the administrator's performance. H) The Commissioners shall discuss at a public meeting their findings or comments on the evaluations and the compilation, recommendations for changes, and direction for the development of a resolution that can be brought back to the BOCC at the next meeting to memorialize the conclusion of the evaluation. 3. This Resolution shall become effective upon the date of its adoption. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the 16th day of June, A.D., 2010. Mayor Sylvia Murphy Yes Mayor Pro Tern Heather Carruthers Yes Commissioner Mario DiGennaro Yes Commissioner George Neugent Yes Commissioner Kim Wigington Yes (SEAL) A By: Deputy Clerk APP V- ED AS T t7 fJ • p o � e I- 0 ca rn BOARD OF COUNTY COM IONERG OF O CO 4W'A� c By: Mayor Sylvia Murphy PROCESS FOR BOCC EVALUATION OF COUNTY ADMINISTRATOR I. PRELIMINARY INFORMATION: Section 21 of the County Administrator's contract provides: "21. PERFORMANCE EVALUATION. The BOCC and Administrator shall periodically define goals, performance objectives, relative priorities, and time lines for performance which the BOCC and Administrator mutually agree are minimally necessary for the proper operation of county government and achievement of the BOCC's policy objectives. The mutual agreement shall be memorialized by a Resolution or Resolutions of the BOCC, and the Resolution or Resolutions shall become the basis for review and evaluation of the Administrator's work performance. A review and performance evaluation of the Administrator may be conducted as often as the BOCC may deem appropriate.' Despite periodic discussion at commission meetings during the contract terms of both the prior and the current administrator to develop and conduct such review and performance evaluations, the process of reaching resolutions and conducting evaluations has never been established. II. RELEVANT BACKGROUND INFORMATION A. STATUTORY - The following are the State Statutes regarding the administrator's qualifications and duties. 125.73 County administrator; appointment, qualifications, compensation.-- (1) Each county to which this. part applies shall appoint a county administrator, who shall be the administrative head of the county and shall be responsible for the administration of all departments of the county government which the board of county commissioners has authority to control pursuant to this act, the general laws of Florida, or other applicable legislation. (2) The county administrator shall be qualified by administrative and executive experience and ability to serve as the chief administrator of the county. He or she shall be appointed by an affirmative vote of not less than three members of the board of county commissioners and may be removed at any time by an affirmative vote, upon notice, of not less than three members of the board, after a hearing if such be requested by the county administrator. The administrator need not be a resident of the county at the time of appointment, but during his or her tenure in office shall reside within the county. (3) The compensation of the administrator shall be fixed by the board of county commissioners unless otherwise provided by law. (4) The office of county administrator shall be deemed vacant if the incumbent moves his or her residence from the county or is, by death, illness, or other casualty, unable to continue in office. A vacancy in the office shall be filled in the same manner as the original appointment. The board of county commissioners may appoint an acting administrator in the case of vacancy or temporary absence or disability until a successor has been appointed and qualified or the administrator returns. 125.74 County administrator; powers and duties.-- (1) The administrator may be responsible for the administration of all departments responsible to the board of county commissioners and for the proper administration of all affairs under the jurisdiction of the board. To that end, the administrator may, by way of enumeration and not by way of limitation, have the following specific powers and duties to: (a) Administer and carry out the directives and policies of the board of county commissioners and enforce all orders, resolutions, ordinances, and regulations of the board to assure that they are faithfully executed. (b) Report to the board on action taken pursuant to any directive or policy within the time set by the board and provide an annual report to the board on the state of the county, the work of the previous year, and any recommendations as to actions or programs the administrator deems necessary for the improvement of the county and the welfare of its residents. (c) Provide the board, or individual members thereof, upon request, with data or information concerning county government and to provide advice and recommendations on county government operations to the board. (d) Prepare and submit to the board of county commissioners for its consideration and adoption an annual operating budget, a capital budget, and a capital program. (e) Establish the schedules and procedures to be followed by all county departments, offices, and agencies in connection with the budget and supervise and administer all phases of the budgetary process. (f) Prepare and submit to the board after the end of each fiscal year a complete report on the finances and administrative activities of the county for the preceding year and submit his or her recommendations. (g) Supervise the care and custody of all county property. (h) Recommend to the board a current position classification and pay plan for all positions in county service. (i) Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing procedures. (j) Organize the work of county departments, subject to an administrative code developed by the administrator and adopted by the board, and review the departments, administration, and operation of the county and make recommendations pertaining thereto for reorganization by the board. (k) Select, employ, and supervise all personnel and fill all vacancies, positions, or employment under the jurisdiction of the board. However, the employment of all department heads shall require confirmation by the board of county commissioners. (1) Suspend, discharge, or remove any employee under the jurisdiction of the board pursuant to procedures adopted by the board. (m) Negotiate leases, contracts, and other agreements, including consultant services, for the county, subject to approval of the board, and make recommendations concerning the nature and location of county improvements. (n) See that all terms and conditions in all leases, contracts, and agreements are performed and notify the board of any noted violation thereof. (o) Order, upon advising the board, any agency under the administrator's jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he or she deems it necessary for the proper and efficient administration of the county government to do so. (p) Attend all meetings of the board with authority to participate in the discussion of any matter. (q) Perform such other duties as may be required by the board of county commissioners. (2) It is the intent of the Legislature to grant to the county administrator only those powers and duties which are administrative or ministerial In nature and not to delegate any governmental power imbued in the board of county commissioners as the governing body of the county pursuant to s. 1(e), Art. VIII of the State Constitution. To that end, the above specifically enumerated powers are to be construed as administrative in nature, and in any exercise of governmental power the administrator shall only be performing the duty of advising the board of county commissioners in its role as the policy -setting governing body of the county. B. COUNTY CODE Sec. 2-58. County administration law adopted. (a) The board of county commissioners hereby expressly adopts the county administration law as contained in F.S. ch. 125, pt. III (F.S. § 125.70 et seq.). (b) In case of a construction project or professional services that are the subject of previously executed contracts, the county administrator is authorized without necessity of approval by the board of county commissioners: (1) To approve, sign and execute change orders with each change order not to exceed $25,000.00 or five percent of the original contract price, whichever is greater. Such change orders are noncumulative: in other words, each change order may be in the amounts described and need not be added together for the purposes of reaching a maximum per project or per service change order cost ceiling of $25,000.00 or five percent of the original contract price. However, before the county administrator may execute a change order authorized by this subsection, he must notify the members of the board of county commissioners, at least 24 hours in advance, of his intention to execute the change order. The county administrator must provide a report at each monthly board of county commissioners meeting listing the change orders approved by him during the prior month and the reasons for those change orders; and (2) To extend a project's substantial completion date and to waive up to $25,000.00 of liquidated damages. (c) The county administrator is authorized to execute airport sign leases, and to sign and execute contracts providing for services to be rendered by county personnel at Bayshore Manor. (d) The county administrator is authorized to approve and sign reimbursement requests for moving expenses of newly employed department heads, division directors, or other key personnel as designated by the administrator, who reside outside of the county at the time of hire. The amount paid may not exceed $5,000.00. (e) The county administrator may execute agreements on behalf of the board, provided that funds have been set aside by the board specifically for that agreement or type of agreement, and may authorize moving or travel expense reimbursements, as follows: (1) Agreements for purchase, rental, or lease purchase of equipment of a type and function designated by the board, at a price not exceeding the amount budgeted by the board, and for an amount within the administrator's purchasing limits under the county's procurement policy; (2) Agreements to publish advertisements for bids, RFPs (requests for proposals) or RFQs (requests for qualifications) when the item or service for which the bid, RFP, or RFQ being sought has been budgeted for by the board; and (3) Reimbursement of Travel expenses of division director and department head interviewees. In such cases, the board hereby determines that none of its discretionary authority is being exercised by the county administrator; rather, the execution of such agreements is in conformity with fiscal decisions already made by the board. Agreements and reimbursements heretofore made by the administrator and that meet the criteria set forth in this section, as hereby ratified. C. CONTRACT Currently in section 3 of the Administrator's contract are the following: 3. DUTIES OF ADMINISTRATOR. A. Administrator will perform the duties of County Administrator as provided for in Sections 125.70 through 125.74, Florida Statutes, known as the "County Administration Law of 1974"; all duties required by other applicable provisions of Florida law; all duties required by the Monroe County Code and lawfully adopted Resolutions of the BOCC; and all duties as may be set forth in administrative and personnel policies and procedures adopted by use by the County. B. Additionally, Administrator shall perform those duties, functions, and assignments which may from time to time be directed by the BOCC. C. Duties shall be performed in a professional, respectful, and timely manner and in accordance with the highest standards of ethical behavior established by the Code of Ethics of the International City/County Manager Association and with Part III, Chapter 112, Florida Statutes, entitled Code of Ethics for Public Officers and Employees. D. Administrator understands and agrees his duties under this Agreement will require him to routinely work varied hours in excess of the normal County workday, and the hours worked shall be consistent with the needs of the position. Administrator shall not receive overtime compensation for hours worked in excess of forty (40) per week, including work done pre- or post- disaster, including but not limited to hurricanes. E. Nothing in this Agreement or in the BOCC's policies, rules, and procedures will limit the Administrator's right to make passive financial investments; to participate in charitable service or work with charitable organizations and other community activities, including trade and professional organizations; or to undertake other activities which do not interfere with the performance of the Administrator's duties under this Agreement, it being mutually agreed that the Administrator's participation in such activities is of such benefit to the BOCC and the County. F. The Administrator will be reasonably available to BOCC members and key County staff twenty- four (24) hours per day. Such availability will be by telephone or electronic messaging, or in person. G. Due to the nature of the Administrator's duties and the requirements of the position, interference with the Administrator's private life is to be expected and it is recognized that Administrator may from to time absent himself during normal business hours for personal reasons; however, Administrator shall remain reasonably available to Board members and key Board staff by telephone or other electronic means. III. EVALUATION CONSIDERATIONS 1. KNOWLEDGE - GENERAL: does the administrator display a solid understanding of general principles of administration — budgeting and fiscal responsibility, personnel management, accountability, procurement processes, etc.? 2. KNOWLEDGE — COMMUNITY SPECIFIC: does the administrator display sound knowledge of local issues? 3. KNOWLEDGE — COUNTY PROCESS: does the administrator display sound knowledge of Monroe County processes and set aside any predisposition to operate under the practices of other government entities where the administrator may have previously worked? Monroe County does not have a charter which provides authority for taxes, service fees, or particular methods of operations that are not authorized by state statute for non -charter counties, and may be subject to different requirements and authority than charter counties, municipalities and independent special districts. 4. KNOWLEDGE - APPLICATION: (a) Analysis - Is the administrator able to analyze complex problems and make feasible suggestions for solutions (and does he/she do so)? (b) Planning - Does he/she anticipate future needs, organize work operations, and set timetables to meet the community needs? (c) Equitable Treatment - Does the administrator ensure that policies of the BOCC, and applicable regulations (whether local, state, or federal) are applied evenly and equitably without favoritism? S. ISSUE RECOGNITION: is the administrator able to spot or recognize administrative problems before they are pointed out to him/her? 6. KEEPING INFORMED: does the administrator keep up with trends and changes in administrative practices? 7. PROFESSIONAL & CIVIC RESPONSIBILITY: does the administrator participate in professional and civic activities that benefit the community and reflect well upon the administration and the County? 8. DECISION -MAKING: a) Does the administrator consult with the BOCC or the County Attorney prior to committing the County to important courses of action, yet have the gumption to act decisively and without such consultation when circumstances warrant it? b) Does the administrator demonstrate the discernment to know when to act and when to consult? c) Does the administrator provide to staff a clear statement of goals and expectations on actions to be taken and provide an opportunity for the person directed to perform the task/program/etc. to seek clarification of what is actually expected? d) Do those answers and direction comply with County policy/ordinance and statutory constraints on the County? 9. HONESTY: does the administrator always conduct himself or herself with candor? 10. COMMITMENT: is the administrator willing to sacrifice personal convenience, within reasonable limits according to the situation, when necessary to protect the County's interests? 11. PROFESSIONAL RESPONSIBILITY - CONFIDENTIALITY: does the administrator maintain those confidences of the client made during Closed Sessions? 12. PROFESSIONAL RESPONSIBILITY - CIRCUMSPECTION: is the administrator cautious in discussing County business with others, including the press (bearing in mind that no one is required by law or office policy to discuss issues with the press)? 13. PROFESSIONAL RESPONSIBILITY - DILIGENCE: does the administrator's work -product reflect: well -reasoned and thoroughly researched analysis of the issue; ascertainment of necessary facts and information needed to formulate an opinion or recommendation; and, does he/she inform the BOCC of all ramifications of the problem and the different courses of action available? 14. PROFESSIONAL RESPONSIBILITY - COOPERATION: does the administrator manifest a willingness to work with other people for the best interest of the client, including willingness to share information, know-how, and discernment as to the extent to which the County's interests can or should be compromised to attain a benefit to the entirety of the County, including incorporated areas? 15. PROFESSIONAL RESPONSIBILITY - EMPLOYEE RELATIONS: does the administrator treat other CAO employees with courtesy and respect? Does the administrator avoid sexual and/or ethnic jokes and innuendoes? 16. PROFESSIONAL RESPONSIBILITY - RELATIONSHIPS: does the administrator maintain good relationships with those outside the County Administrator's Office (administrative personnel of municipalities and special districts, County personnel, the general public, and the media)? 17. PROFESSIONAL RESPONSIBILITY - TIMELINESS: does the administrator meet deadlines for completion of work? Is the administrator punctual for attendance at hearings, meetings etc.? 18. PROFESSIONAL RESPONSIBILITY - OBSERVANCE OF POLICIES: (a) Does the administrator know and follow office and County policies and encourage others to do the same? (b) In the event the administrator determines to act contrary to policy, does he/she act fast and ask for indulgence later, or does he/she bring forward to the BOCC recommendations for change before acting? (c) Does the administrator address matters in the normal course of business or entertain special interests and direct staff to do things to accommodate people who are trying to go outside the County processes to accomplish their goals? 19. COMMUNICATION - TO COUNTY ATTORNEY: Does the administrator keep the County Attorney informed of significant, controversial or sensitive matters that come to his/her attention? 20. COMMUNICATION - TO CLIENT: does the administrator keep the BOCC and affected division directors or staff well informed about on -going matters or new issues or developments? 21. COMMUNICATION - TO FILE: does the administrator memorialize facts, authorities, arguments, and other pertinent information so that his/her files are up to date and can be used by others in his/her absence? 22. COMMUNICATION - RESPONSIVENESS: does the administrator give prompt answers that are responsive to the client's questions? Do those answers encompass comprehensive information on the subject or are they a mere yes or no to the question? (Example: If asked if there is money in the budget to do a project and there is money which can be diverted from another project, which would have to be postponed, and re -directed to the project in question, the answer should not be yes; it should be, yes, if we postpone project X & re -direct the appropriation for that to the project in question.) 23. COMMUNICATION - CI.ARITY: does the administrator communicate in a clear, concise and understandable manner? 24. COMMUNICATION - WRITTEN: does the administrator's written work -product display proper grammar, punctuation and syntax? Is the appearance of the final product neat and professional? 25. PERSONAL ATTRIBUTES - COURAGE: does the administrator display fortitude, when necessary, to maintain a position that is unpopular but which he/she is of the opinion is right? 26. PERSONAL ATTRIBUTES - COMMON SENSE: (a) does the administrator exercise common sense in dealing with staff and their issues? (b) with the general public and their issues? 27. PERSONAL ATTRIBUTES - ADAPTABILITY: does the administrator display the ability and willingness to cover for others when the need arises? To learn new areas of administration when the need arises? 28. PERSONAL ATTRIBUTES - APPEARANCE: does the administrator maintain professional standards in his/her appearance (i.e., clothing, grooming, etc.) on the job? 29. PERSONAL ATTRIBUTES - CONDUCT: does the administrator maintain a professional demeanor on the job and in the community? 30. PERSONAL ATTRIBUTES - OFFICE ENVIRONMENT: does the administrator manifest due concern for the appearance of the office, including but not limited to, his/her own office? 31. LEADERSHIP — MEETINGS: (a) In-house: does the administrator exercise appropriate discretion and control in setting, attending, and controlling the course and length of meetings? Or are meetings disrupted by extensive banter and irrelevant matters, personal phone calls, teleconferencing technical problems? (b) External: does the administrator work well with elected officials and community leaders to achieve common goals and objectives for the community? Is his role one of consensus -building or does it include contributing to the technological or operational effectiveness of the programs to achieve those goals and objectives? 32. LEADERSHIP - DELEGATION: does the administrator exercise appropriate discretion in delegating work to support staff and others? This deals with the appropriateness of delegating the work at all as well as the person to whom it may be delegated. 33. LEADERSHIP - MORALE: does the administrator motivate staff to maintain high performance standards? Does the administrator seek to elevate morale in the office? Through- out the County offices? 34. LEADERSHIP - RESPONSIBILITY: does the administrator take charge and assume responsibility for decisions that need to be made in the absence of higher ranking persons? 34. LEADERSHIP - EVALUATIONS: does the administrator conduct effective and accurate evaluations for those personnel under his/her authority? 35. LEADERSHIP — COMMUNITY RESPONSIVENESS: does the administrator have and exercise a strategy for representing and engaging every segment of the community in a manner in keeping with the policies set by the BOCC? 36. OVERALL PERFORMANCE: Does the administrator manage the day-to-day operations of the County responsibly, and in keeping with the policies set by the BOCC? - ICMA Code Of Ethics With Guidelines The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership In May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised In July 2004. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. Guideline Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities. 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. Guidelines Public Confidence. Members should conduct themselves so as to maintain public confidence in their profession, their local government, and in their performance of the public trust. Impression of Influence. Members should conduct their official and personal affairs in such a manner as to give the dear impression that they cannot be improperly influenced in the performance of their official duties. Appointment Commitmerrt. Members who accept an appointment to a position should not fail to report for that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time, but once a bona fide offer of a position has been accepted, that commitment should be honored. Oral acceptance of an employment offer is considered binding unless the employer makes fundamental changes in terms of employment. Credentials. An application for employment or for ICMA's Voluntary Credentialing Program should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided. Professional Respect Members seeking a management position should show professional respect for persons fomnerly holding the position or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person's motives or integrity in order to be appointed to a position. Reporting Ethics Violations. When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report the matter to ICMA. In reporting the matter, members may choose to go on record as the complainant or report the matter on a confidential basis. Confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics. Seeking Employment. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated. 4. Recognize that the chief function of local government at all times is to serve the best interests of all of the people. Guideline Length of Service. A minimum of two years generally is considered necessary in order to render a professional service to the local government. A short tenure should be the exception rather than a recurring experience. However, under special circumstances, it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascertain conditions of employment. Inadequately determining terms of employment prior to arrival does not justify premature termination. S. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. Guideline Conflicting Roles. Members who serve multiple roles —working as both city attorney and city manager for the same community, for example —should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited. 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body. Guidelines Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not engage in active participation in the election campaign on behalf of or in opposition to candidates for the governing body. Elections of Elected Executives. Members should not engage in the election campaign of any candidate for mayor or elected county executive. Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities. Elections. Members share with their fellow citizens the right and responsibility to vote and to voice their opinion on public issues. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office. Elections In the Council -Manager Plan. Members may assist in preparing and presenting materials that explain the council-manager form of government to the public prior to an election on the use of the plan. If assistance is required by another community, members may respond. All activities regarding ballot issues should be conducted within local regulations and in a professional manner. Presentation of Issues. Members may assist the governing body in presenting issues involved in referenda such as bond issues, annexations, and similar matters. 8. Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques. Guidelines Self -Assessment. Each member should assess his or her professional skills and abilities on a periodic basis. Professional (Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of ICMA. 9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. 10.Resist any encroachment on professional responsibilities, believing the member should be free to cant' out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. Guideline Information Sharing. The member should openly share information with the governing body while diligently carrying out the member's responsibilities as set forth in the charter or enabling legislation. 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline. Guideline Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status. It should be the members' personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations. 12. Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest. Guidelines Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift —whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form —under the following circumstances: (1) it could be reasonably inferred or expected that the gift was intended to influence them in the performance of their official duties; or (2) the gift was intended to serve as a reward for any official action on their part. It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest maximum dollar value should be determined by the member as a guideline. The guideline is not intended to isolate members from normal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions. Investments in Conflict with Official Duties. Member should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict with their official duties. In the case of real estate, the potential use of confidential information and knowledge to further a members personal interest requires special consideration. This guideline recognizes that members' official actions and decisions can be influenced N there is a conflict with personal investments. Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided (see the guideline on "Confidential Information"). Because personal investments may prejudice or may appear to influence official actions and decisions, members may, in concert with their governing body, provide for disclosure of such investments prior to accepting their position as local government administrator or prior to any official action by the governing body that may affect such investments. Personal Relationships. Member should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest. For example, if the manager's spouse works for a developer doing business with the local government, that fact should be disclosed. Confidential Information. Members should not disclose to others, or use to further their personal interest, confidential information acquired by them in the course of their official duties. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment. Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve. Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compensation. Members may, however, agree to endorse the following, provided they do not receive any compensation: (1) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest. Members' observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports. EXHIBIT B. TO RESOLUTION COUNTY ATTORNEY PERFORMANCE REVIEW RATING SHEET COUNTY ATTORNEY PERFORMANCE REVIEW RATING SHEET Rate each item from 1 (low) to 5 (high) based on your opinion of the County Attorney's performance. Mark N/A if you do not have enough information to rate. I. LEGAL CONSULTATION A. Has legal advice provided by the County Attorney proven to be accurate and technically correct? B. Does the County Attorney provide his best and honest recommendations given all existing legal issues and ramifications? C. Does the County Attorney possess and provide an efficient and effective knowledge of the County's Code and regulations? D. Does the County Attorney possess and provide an efficient and effective knowledge of other government regulations and case law regarding local government and issues facing the County? E. Does advice provided by the County Attorney regularly take into account and balance the overall goals and objectives of the County? F. Does the County Attorney regularly provide the scope of legal expertise necessary to meet the County's needs on issues that arise, either from himself, within the County Attorney's Office or other available resources? G. Does the County Attorney proactively identify potential issues when he is aware of them to avoid problems from occurring? H. Are alternatives and innovative solutions provided rather than just raising problems? I. Is the County Attorney able to maintain the County Commission's and staffs confidence while informing them of the different legal risks that proposed actions might generate? II. LEGAL REPRESENTATION A. Does the County Attorney aggressively represent the interests of the County as directed by the Board of County Commissioners? B. Is the County Attorney's approach effective in achieving the best possible legal outcomes for the County's interests given the issues that arise? 0 C. Does the County Attorney represent the County in a professional and ethical manner? D. Is the County Attorney impartial and objective in his duties and responsibilities? E. Are the County Attorney's estimates of legal impacts reasonably accurate on a regular basis? III. STAFF WORK A. Does the County Attorney prepare ordinances, resolutions, contracts and other legal work accurately and consistent with the direction and objectives communicated by the Board of County Commissioners, County Administrator, Division Directors, and Department Directors? B. Does the County Attorney maintain good working relationships and serve as an effective member of the management team? C. Does the County Attorney accurately identify and address all legal issues within documents and items that he reviews? D. Are staff and the County Commission advised of key changes in 1 o c a 1 government law as it pertains to the County's activities? E. Does the County Attorney display a positive attitude in carrying out his responsibilities and responding to requests? F. Has the County Attorney been successful in accomplishing objectives previously established? IV. COST/FISCAL ACCOUNTABILITY AND CONTROL A. Are regular legal activities achieved within budgetary goals and limits? B. Has the County Attorney been effective in minimizing legal costs by limiting tasks to those regarding legal issues and utilizing County in-house staff when possible tc perform administrative and other functions? C. Are standard forms developed and used where possible to minimize preparation of legal documentation? D. Are legal tasks performed with appropriate authorization according to established procedures and contract requirements? E. Have legal costs been effectively managed and controlled given the issues, assignments and requests made to the County Attorney? 7 F. Does the County Attorney display the ability and knowledge to research issues in a minimum amount of time? V. RESPONSIVENESS/TIMELINESS OF ACTIONS A. Are requested legal work and assignments completed in a timely manner within established time frames? B. Is the County Attorney accessible when needed to respond to requests for legal information and assistance? C. Are legal review and requests for information completed in time to avoid delays to County projects, programs and other tasks? D. Does the County Attorney follow-up effectively to requests that are made? E. Does the County Attorney accurately interpret and clarify County Commission direction? VI. COMMUNICATIONS A. Does the County Attorney communicate effectively with the County Commissioners, staff and the community? B. Are answers provided in a timely and in an understandable manner? C. Are timelines for follow-up to requests clearly communicated? D. Does the County Attorney maintain confidentiality with regard to all discussed with the Mayor, County Commissioners and/or County Administrator and staff? E. Does the County Attorney effectively report to the County Commissioners and/or communications by project attorneys of a substantive nature regarding significant or sensitive matters? 8 General Comments and Rating Regarding County Attorney's Performance: Future Goals, Objectives and Areas for Improvement: