Item R4 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 2/19/2014-KL Division: County Attorney
Bulk Item: Yes_ No xx Staff Contact: Bob Shillinger,292-3470
AGENDA ITEM WORDING: Discussion and direction regarding performance review process for
the County Administrator and the County Attorney.
ITEM BACKGROUND: During the budget process for FY14, the Commission directed that all
employees be evaluated by their supervisors through a performance review process that incorporates a
5 point scale with 5 being the highest. The Board directed that employees receiving an average score
above a 2.99 be awarded a merit raise. The evaluation process has been completed for all non-
probationary employees other than the County Administrator and County Attorney.
The County Administrator and the County Attorney both report directly to the Board and work under
contracts. Each contract provides that the base "salary shall be increased thereafter according to the
County policy of cost-of-living and merit increases provided to other County employees." Because of
the Board's policy direction that all employees be evaluated and the provisions of both contracts,
direction is needed on the process for reviewing both the County Administrator and the County
Attorney.
The Board previously adopted Resolution 183-2010 (attachment A) which established a process and
criteria for evaluating the Administrator. Under that Resolution, each Commissioner grades the
Administrator on a scale of 1 (low) to 5 (high) and submits the completed evaluation form to the
Clerk's office for tabulation. Discussion of the results and public input would follow at a subsequent
meeting. The performance evaluation form authorized by Resolution 183-2010 differs from that which
has been utilized by the County during the current review process for other employees,both in terms of
the form used, the way the scores are tabulated, and the fact that the evaluation is heard in a public
meeting. Direction is needed on whether to utilize the form authorized by Resolution 183-2010, the
form currently being utilized for other employees, or some other form and/or process.
No such process has been adopted for review of the County Attorney. Direction is needed on the
process and form to be utilized for review of the County Attorney. Attachment B is a proposed review
form that has been adapted from a form published by the International Municipal Lawyer's Association
(DALA)for review of a city or county attorney.
County staff will also need direction on how the results are used to compute a salary increase, if
warranted. By the time these evaluations are completed, the remainder of County staff will already
have been evaluated and merit increases will have been distributed.
PREVIOUS RELEVANT BOCC ACTION: 6/16/10 BOCC adopted Resolution 183-2010.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Use the form incorporated in Resolution 183-2010 for the
Administrator and the adapted RVILA form for the County Attorney. Use the process set forth in
Resolution 183-2010 for both positions.
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 1/09
ATTACHMENT "A"
RESOL UTION NO. 183-2010
Adopted by BOCC 6/6/2010
Specifically:
Section III. EVALUATION CONSIDERATIONS (CRITERIA)
Located on the 5t` page of the Attachment to Resolution No. 183-2010
Titled "Process for BOCC Evaluation of County Administrator"
RESOLUTION NO. 183-2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR
MONROE COUNTY.FLORIDA.ESTABLISHING A PROCESS FOR THE
COUNTY COMIVIISSIONERS 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 COMIVIISSIONERS FOR MONROE
COUNTY that:
L 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 = Ca rn
Commissioner George Neugent Yes
Commissianor Kim Wigington Yes ,: r- N o
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Deputy Clerk Mayor Sylvia Murphy
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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 govemment 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 ADME41STRATOR.
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
I. 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?
5.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-N AKING:
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. COMIVIITMENT: 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-REL.ATIONSE IPSS: 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 first 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-CLARITY: 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-RESPONSIBHJTY: 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 Credentials. An application for employment or for
democratic local government by responsible ICMA's Voluntary Credentialing Program should be
elected officials and believe that professional complete and accurate as to all pertinent details of
general management is essential to the education, experience, and personal history.
achievement of this objective. Members should recognize that both omissions and
inaccuracies must be avoided.
2.Affirm the dignity and worth of the services rendered Professional Respect. Members seeking a
by government and maintain a constructive, management position should show professional
creative, and practical attitude toward local respect for persons formerly holding the position or for
government affairs and a deep sense of social others who might be applying for the same position.
responsibility as a trusted public servant. Professional respect does not preclude honest
differences of opinion; it does preclude attacking a
Guideline person's motives or integrity in order to be appointed
Advice to Officials of Other focal Governments. to a position.
When members advise and respond to inquiries from
elected or appointed officials of other local Reporting Ethics Violations. When becoming
governments,they should inform the administrators of aware of a possible violation of the ICMA Code of
those communities. Ethics, members are encouraged to report the
matter to ICMA. In reporting the matter, members
3. Be dedicated to the highest ideals of honor and may choose to go on record as the complainant or
integrity in all public and personal relationships in report the matter on a confidential basis.
order that the member may merit the respect and
confidence of the elected officials, of other officials Confidentiality. Members should not discuss or
and employees,and of the public. divulge information with anyone about pending or
completed ethics cases, except as specifically
Guidelines authorized by the Rules of Procedure for Enforcement
Public Confidence. Members should conduct of the Code of Ethics.
themselves so as to maintain public confidence in their
profession, their local government, and in their Seeking Employment Members should not seek
performance of the public trust. employment for a position having an incumbent
administrator who has not resigned or been officially
Impression of Influence. Members should conduct informed that his or her services are to be terminated.
their official and personal affairs in such a manner as
to give the clear impression that they cannot be 4. Recognize that the chief function of local
Improperly influenced in the performance of their government at all times is to serve the best
official duties. interests of all of the people.
Appointment Commitment. Members who accept Guideline
an appointment to a position should not fail to report length of Service. A minimum of two years
for that position. This does not preclude the possibility generally is considered necessary in order to render a
of a member considering several offers or seeking professional service to the local government. A short
several positions at the same time, but once a bona tenure should be the exception rather than a recurring
fide offer of a position has been accepted, that experience. However,under special circumstances, it
commitment should be honored. Oral acceptance of may be in the best interests of the local government
an employment offer is considered binding unless the and the member to separate in a shorter time.
employer makes fundamental changes in terns of Examples of such circumstances would include refusal
employment. of the appointing authority to honor commitments
concerning conditions of employment, a vote of no they shall not endorse candidates, make financial
confidence in the member, or severe personal contributions, sign or circulate petitions, or
problems. It is the responsibility of an applicant for a participate in fund-raising activities for individuals
position to ascertain conditions of employment. seeking or holding elected office.
Inadequately determining terms of employment prior
to arrival does not justify premature termination. Elections In the Council-Manager Plan. Members
may assist in preparing and presenting materials that
5. Submit policy proposals to elected officials;provide explain the council-manager form of government to
them with facts and advice on matters of policy as the public prior to an election on the use of the plan. If
a basis for making decisions and setting assistance is required by another community,
community goals; and uphold and implement local members may respond. All activities regarding ballot
government policies adopted by elected officials. issues should be conducted within local regulations
and in a professional manner.
Guideline Presentation of Issues. Members may assist the
Conflicting Roles. Members who serve multiple governing body in presenting issues involved in
roles—working as both city attorney and city manager referenda such as bond issues, annexations, and
for the same community, for example—should avoid similar matters.
participating in matters that create the appearance of a
conflict of interest. They should disclose the potential S. Make it a duty continually to improve the members
conflict to the governing body so that other opinions professional ability and to develop the competence
may be solicited. of associates in the use of management
techniques.
6. Recognize that elected representatives of the
people are entitled to the credit for the establishment Guidelines
of local government policies; responsibility for policy Self-Assessment. Each member should assess his
execution rests with the members. or her professional skills and abilities on a periodic
basis.
7. Refrain from all political activities which undermine
public confidence in professional administrators. Professional Development. Each member should
Refrain from participation in the election of the commit at least 40 hours per year to professional
members of the employing legislative body. development activities that are based on the practices
identified by the members of ICMA.
Guidelines
Elections of the Governing Body. Members should 9. Keep the community informed on local government
maintain a reputation for serving equally and affairs; encourage communication between the
impartially all members of the governing body of the citizens and all local government officers;
local government they serve, regardless of party. To emphasize friendly and courteous service to the
this end,they should not engage in active participation public; and seek to improve the quality and image
in the election campaign on behalf of or in opposition of public service.
to candidates for the governing body.
10.Resist any encroachment on professional
Elections of Elected Executives. Members should responsibilities, believing the member should be
not engage in the election campaign of any candidate free to carry out official policies without
for mayor or elected county executive. interference, and handle each problem without
discrimination on the basis of principle and justice.
Running for Office. Members shall not run for
elected office or become involved in political Guideline
activities related to running for elected office. They Information Sharing. The member should openly
shall not seek political endorsements, financial share information with the governing body while
contributions or engage in other campaign activities. diligently carrying out the members responsibilities as
set forth in the charter or enabling legislation.
Elections. Members share with their fellow citizens
the right and responsibility to vote and to voice their 11. Handle all matters of personnel on the basis of
opinion on public issues. However, in order not to merit so that fairness and impartiality govern a
impair their effectiveness on behalf of the local members decisions, pertaining to appointments,
governments they serve, they shall not participate in pay adjustments,promotions,and discipline.
political activities to support the candidacy of
individuals running for any city, county, special
district, school, state or federal offices. Specifically,
Guideline administrator or prior to any official action by the
Equal Opportunity. All decisions pertaining to governing body that may affect such investments.
appointments,pay adjustments,promotions,and
discipline should prohibit discrimination because of Personal Relationships. Member should disclose
race,color,religion,sex,national origin,sexual any personal relationship to the governing body in any
orientation,political affiliation,disability,age,or marital instance where there could be the appearance of a
status. conflict of interest. For example, if the manager's
spouse works for a developer doing business with the
It should be the members'personal and professional local government,that fact should be disclosed.
responsibility to actively recruit and hire a diverse staff
throughout their organizations. Confidential Information. Members should not
disclose to others, or use to further their personal
12. Seek no favor, believe that personal interest, confidential information acquired by them in
aggrandizement or profit secured by confidential the course of their official duties.
information or by misuse of public time is
dishonest. Private Employment. Members should not engage
in, solicit, negotiate for, or promise to accept private
Guidelines employment, nor should they render services for
Gft. Members should not directly or indirectly solicit private interests or conduct a private business when
any gift or accept or receive any gift—whether it be such employment, service, or business creates a
money, services, loan, travel, entertainment, conflict with or impairs the proper discharge of their
hospitality, promise, or any other form—under the official duties.
following circumstances: (1) it could be reasonably
inferred or expected that the gift was intended to Teaching, lecturing, writing, or consulting are typical
influence them in the performance of their official activities that may not involve conflict of interest, or
duties; or (2) the gift was intended to serve as a impair the proper discharge of their official duties.
reward for any official action on their part. Prior notification of the appointing authority is
appropriate in all cases of outside employment.
It is important that the prohibition of unsolicited gifts be
limited to circumstances related to improper influence. Representation. Members should not represent any
In de minimus situations,such as meal checks,some outside interest before any agency, whether public or
modest maximum dollar value should be determined private, except with the authorization of or at the
by the member as a guideline. The guideline is not direction of the appointing authority they serve.
intended to isolate members from normal social
practices where gifts among friends, associates, and Endorsements. Members should not endorse
relatives are appropriate for certain occasions. commercial products or services by agreeing to use
their photograph,endorsement,or quotation in paid or
Investments In Conflict with Official Duties. other commercial advertisements, whether or not for
Member should not invest or hold any investment, compensation. Members may, however, agree to
directly or indirectly, in any financial business, endorse the following, provided they do not receive
commercial,or other private transaction that creates a any compensation: (1)books or other publications;(2)
conflict with their official duties. professional development or educational services
provided by nonprofit membership organizations or
In the case of real estate, the potential use of recognized educational institutions; (3) products
confidential information and knowledge to further a and/or services in which the local government has a
members personal interest requires special direct economic interest.
consideration. This guideline recognizes that
members' official actions and decisions can be Members' observations, opinions, and analyses of
influenced if there is a conflict with personal commercial products used or tested by their local
investments. Purchases and sales which might be governments are appropriate and useful to the
interpreted as speculation for quick profit ought to be profession when included as part of professional
avoided (see the guideline on "Confiden(dal articles and reports.
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
ATTACHMENT "B"
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 1 o c a 1 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 mighl
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 Attorneys approach effective in achieving the best possible legal
outcomes for the County's interests given the issues that arise?
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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 Attorneys 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 minimising legal costs by limiting tasks to
those regarding legal issues and utilizing County in-house staff when possible to
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?
F. Does the County Attorney display the ability and knowledge to research issues in
a minimum amount of time?
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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?
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General Comments and Rating Regarding County Attorney's Performance:
Future Goals, Objectives and Areas for Improvement:
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