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HomeMy Public PortalAboutLTC 019-2023 - Annual Report of the Village AttorneyBAL HARBOUR V I L L A G E - OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL NO. 019-2023 To: Mayor Jeffrey Freimark and Members of the Village Council From: Jorge M. Gonzalez, Village Manager I --- Date: February 3, 2023 DI Subject: Annual Report of the Village Attorney The purpose of this Letter to Council (LTC) is to transmit to you the attached report provided by Susan L. Trevarthen, Village Attorney. If you have any questions or need any additional information, please feel free to contact me. JMG/MH YKWEISS^SEROTA To: Village Council, Bal Harbour Village Cc: Village Manager Jorge M. Gonzalez From: Susan L. Trevarthen, Village Attorney Date: January 31, 2023, RE: Annual Report of Village Attorney In 2021, the Council established a process that I provide an annual report to them by the end of January, on a calendar year basis beginning in 2022. The purpose of this Report is to provide a framework for an evaluation of the Village Attorney in accordance with the Amended Engagement Letter dated 7.20.21, attached as Exhibit 1. Distribution of this Report will be followed by individual meetings with each Councilmember, and then the scheduling of aworkshop. The Village Attorney's Report for 2022 (January 1, 2022 - December 31, 2022) Our role as the Village Attorney is to advise and to assist the Village Council in achieving what is in the best interest of the Village. As such, the majority of what we do is in partnership with Village Administration to carry out the Council's vision and strategic plan. We have a productive relationship with the Administration and, in a real sense, our accomplishments are shared. Litigation Matters In alignment with the Council's wishes, we have worked with your Administration to avoid litigation where possible, and to resolve it efficiently where it was unavoidable. While we remain ready and able to fight for the Village where the Council deems it necessary to do so, our first effort is always to find a way to accomplish Village goals in a less costly and antagonistic manner. A few notable developments are summarized below: • In 2022, we filed two position statements in response to EEOC claims for discrimination related to personnel actions in the police department. • A Village police officer was individually sued with a federal civil rights claim for an arrest on the Jetty tied to a violation of the State's Open Carry Law; the Village was not sued, and Village liability counsel with Florida Municipal Insurance Trust is defending the suit. We also assisted and coordinated with FMIT counsel on their defense of an action filed against the Village in relation to a FPL transformer, until the defense of that case was assumed by FPL counsel. • At the end of the year, the Village received an order to show cause on a petition for certiorari challenging the Village Council's decision to deny an appeal and uphold the Architectural Review Board's decision to grant a Certificate of Appropriateness for the proposed redevelopment of the Carlton Terrace property. That petition was MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM Page 2 of 5 primarily responded to by applicant's counsel, while we have reviewed and monitored developments and updated the Village Council and Administration in accordance with the advice received at the attorney -client session regarding this matter. Non -Litigation Matters Another major goal is to maintain the quality of the Firm's longstanding representation of the Village, with a strong team of attorneys who are expert in the practices most important to the Village. We strive to work efficiently and effectively, while remaining attuned to the Village's organizational culture as well as its goals. Our results are the best evidence of having accomplished this goal. The Village's expense for its Village Attorney function has stabilized while supporting an ambitious and widespread agenda of improvement established by the Village Council and led by the Village Administration.' Detailed Summary While the following does not capture everything we do for the Village and the vast majority of what we do is in partnership with the Village Administration as outlined in the Village Manager's Annual Report, our significant accomplishments have included the foiiowing, organized by department or topic: Legislation and Advice to Administration • Reviewed and provided input to Code amendmentsz drafted by pension counsel to create an early retirement incentive plan (ERIP) • Reviewed and provided input to pension ordinance changes drafted by pension counsel for employee pension plan, including Council pensions. • Advised the Council and Administration on compensation and reimbursement policies for elected officials in other Miami -Dade County municipalities for consideration by the Village Council • Worked with the Village Manager and Village's Chief Financial Officer to create an Investment Policy for the Village • Drafted amendments to the Village Code to create a section on commercial filming and photo activity on publicly owned, managed or controlled property, and drafted procedures to implement this ordinance • Drafted Code amendment to establish expiration date of certificates of appropriateness • Drafted Code amendment regulating E-Bikes and E-Scooters at certain locations in the Village (Ordinance failed) • Advised the Council and the Administration on the revised County lobbying registration and reporting rules and the new constitutional amendments restricting 1 Exhibit Z is an updated list of the Village Attorney Team. Exhibit 3 is an evaluation form that may be used for written performance feedback. Exhibit 4 to this Report includes background information on the duties of the office and the Firm's approach to providing those duties. 2 All references to drafting ordinances to revise the Code refer to adopted ordinances. Where we drafted something that was not adopted during the timeframe of this Report, it will be so noted. MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM Page 3 Of 5 lobbying by elected officials while in office and after leaving public service Worked with the Administration regarding jetty ownership issues • Worked with the Adminstration to adopt website records retention and access policies for the new Village website • Advised Building Department in relation to the assessment, compliance and recertification of the Village's older buildings Worked with the Police Department to review police officer discretion related to traffic stops and assisted in revising the Department's Traffic Enforcement Policies • Advised the Administration on the enforcement of new regulations and the authority of Village magistrates to mitigate code enforcement liens • Worked with the Police Department to revise the Department's credentials policy and evaluated potential liability issues for off -duty assignments • Advised the Police Department on developments with open carry issues and mutual aid agreements and continued to work with the Police Department and Village Clerk concerning ongoing public records, including request for Internal Affairs files of Police Officers • Handled grievances under the Collective Bargaining Agreement, and worked with the Administration on the implementation of the changes Significant Agreements • Drafted an agreement with FreeBee LLC for free on -demand transit services within the Village and a related interlocal agreement with Miami -Dade County in order to use CITT funding to provide such services • Worked with the Administration on the very active capital improvements program underway, resulting in multiple agenda items and agreements at many Council meetings o Drafted a professional services agreement with Zyscovich for architectural services, engineering and administrative services for Village Hall in amount in excess of $3 million, inclusive of the contingency o Drafted the assignment agreement between the Bal Harbour Shops and the Village for architectural design services for Village Park set forth in the Shops Development Agreement o Prepared the construction agreement for the jetty entrance plaza, and advised on easement related issues o Revised the Waterfront Park agreement Negotiated contracts with several artists for Village branding activities, an outdoor concert series performed by the South Florida Symphony Orchestra, and second concert series with AAMusicians; contracts for two art exhibits - one with the Opera Gallery and another showcasing historical sports figures and events in South Florida amended the agreements with the domestic and foreign travel sales representatives Drafted new agreements for displays at Village events and celebrations including ones for fireworks and pyrotechnics, a drone show and holiday lighting Gated Community Activities • Worked with the Administration to address contracting authority of the BHCA with respect to the selection of a property manager reporting to the BHCA, and drafted a side letter. • Worked on agreements and agenda items regarding the Security Systems Project and Page 4 of 5 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM advised the Administration on potential liability for the Village involving an agreement between BHCA and a private contractor for security services. • Worked with the Administration on inquiries regarding the FPL easement, and completed our review of the latest Graham litigation and related expense reimbursements requested by the Civic Association • Prepared agenda items for the annual security and landscape special assessment, and evaluated potential revisions to the method of assessment as requested by the Administration State and Countv Legislation • Reviewed Hurricane Ian Emergency Order and opined on Village's meeting procedures in case need arose to schedule emergency meetings • Reviewing and analyzing state and county laws concerning revisions to NPDES permitting procedures, the adoption of an ordinance to enforce stormwater discharge violations by the Village and the execution of an interlocal agreement with Miami -Dade County • Reviewed and analyzed Florida Legislature's adoption of an implementing statute clarifying the new lobbying restrictions set forth in the Florida Constitution and defining the enforcement authority of the Florida Commission on Ethics • Reviewed amendments to Section 106.113, Florida Statutes, further restricting local government from spending funds to promote ballot questions • Conferred with the Administration and the Building Department after analyzing the new state and county amendments regarding recertification of buildings, milestone inspections of condominiums and enforcement authority of local government • Coordinated with the Florida League of Cities on ideas to respond to potentially harmful legislation in the 2022 Legislative Session Litigation • Analyzed a federal civil rights lawsuit against a Village offier for an arrest on the Jetty for violating the Open Carry Law, when Defendant arrested claimed to be fishing on the Jetty • Petition for Certiorari was filed by Bellini challenging the decision of the Village Council to uphold the Certificate of Appropriateness issued by the Architectural Review Board to the Related Group for the redevelopment of the Carlton Terrace site • We continued to workwith the Village Manager to work proactively to resolve various controversies that could lead to litigation. This sometimes involves engaging Firm litigators to assist in resolving matters before the filing of any claim • Analyzed the dismissal of the litigation over the park properties in the gated community and worked with the Civic Association's attorney to assure that the Village's interests were protected • Where required, we will continue to provide regular email updates to Council on significant developments in any significant pending litigation, and schedule Council executive sessions if needed to manage litigation • Supported police regarding employment actions • Supported Village Clerk in records requests and maintenance activities re litigation matters. — MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM Page 5 of 5 The Review Process There are many examples of performance evaluations of municipal attorneys who are full- time employees of an individual local government, usually serving under a contract assuring them a defined term of service accompanied by benefits, pensions, and protections such as severance packages. Performance involves two main dimensions: what is accomplished, including the extent, efficiency and effectiveness of accomplishment of expectations, and how it is accomplished, including leadership skills, personal qualities, and other subjective factors that can be hard to define and measure. Evaluations of municipal attorneys are usually conducted on a one-on-one basis with each Councilmember. Like any review process, these meetings should be candid but constructive and based on the overall performance, backed up by specific comments or examples as appropriate. The Council has indicated that, following such individual meetings, it will convene in a workshop to discuss the evaluation. I have prepared an evaluation form that may be used, if desired, to structure each Councilmember's approach to the process. See Exhibit 3. Please recall that written information related to the review is subject to Sunshine Law. Alternatively, it is understood that the Councilmember may choose to forego use of the form, and only provide oral feedback through the one-on-one meeting and/or at the workshop. Conclusion In conclusion, it is an honor and a privilege to continue to serve as the Village Attorney for Bal Harbour Village, and we look forward to receiving your feedback so that we can keep doing what is working well and learn where improvements or changes are needed. Exhibits 1. 7.20.21 Executed Amended Engagement Letter to Serve as Village Attorney 2. Updated Village Attorney Team 1.31.23 3. Optional Form for Evaluation of Village Attorney 4. Background Information on the Village Attorney MIAMI I FT LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM Exhibit 1 YW WEISS SEROTA July 20, 2021 Mayor Gabriel Groisman and Village Council Bat Harbour Village 655 96th Street Bat Harbour Village, FL 33154 Susan L. Trevarthen, BCS, FRICP Member stt@wsh•law.com RE: Amended Engagement Letter of Weiss Serota Helfrnan Cole & Bierman, P.L., to Serve as Village Attorney gear Mayor Groisman and Council Members. We are pleased that Bat Harbour Village wishes to continue to engage our Firm to provide legal services as the Village Attorney, and have prepared this amended engagement letter consistent with Village Council direction at the May 2021 retreat and June 2021 workshop and Council meeting Our Firm is the preeminent full -service municipal law firm an Florida, serving as the "one -stop shop" law firm for municipalities seeking the expertise to handle virtually all municipal legal issues. From our experience, we have found that clients appreciate a frank and open discussion and understanding of the services that we will perform., and the basis upon which they will be expected to pay for those services This letter is intended to set forth our understanding as to the nature and scope of the legal services we have agreed to render for the Village, the amount of our fees for those services, the manner in which our fees for those services will be determined, and the terms upon which you will make payment 1 Nature of Legal Services, You have engaged our Firm to serve as Village Attorney for Bat Harbour Village Unless otherwise directed by the Village Council, we will act as the chief legal advisor for all Village matters and represent the Village in all legal proceedings in accordance with Section 2-127 of the Village Code, which requires the Village Attorney to perform all services as may be required by the Village Code, the Village Charter, and Florida Statutes 2 Personnel Susan L Trevarthen will continue to serve as the designated Village Attorney, and will continue to be assisted by Robert Meyers and the team of attorneys currently serving the Village's needs, as listed in Exhibit 1. This list may be updated from time to time, by the Firm submitting an updated written list to the Village Council and Village Manager On very rare occasions, a matter may arise which we cannot handle or for which we have a conflict; if so, we will assist the Village in retaining legal professionals with the relevant expertise to handle those matters Currently, the Village's pension law needs are provided by Lewis Longman & Walker and Holland & Knight on an hourly basis, and It is anticipated that these services will continue to be provided in this manner or by another qualified law firm. 3. Fees for Services. A Flat Fee Component: The Firm will provide general Village Attorney services to the Village at a fist fee of $32,782 monthly (totaling $393,384 annually) The fiat fee includes general Village Attorney services and excludes other specified services (dourly Services) as set forth in Exhibit 2. B Hourly Services The flat fee for general Village Attorney services will not include Hourly Services, which will instead be performed and billed by the Firm on an hourly basis at a blended, discounted Page 2 of 3 governmental rate of $273.00 per hour for attorneys and $125.00 per hour for paralegals. For Hourly ,Services, it is our practice to charge for actual time expended on your behalf, but not less than 2110ths of an hour for each activity. C. Additional Flat Fees: If mutually agreed by the Firm and the Village, matters involving Hourly Services may alternatively be provided at flat rates, to be individually negotiated as those matters arise. D. Amendments: The parties may further amend this Agreement at any time as mutually agreed by the Firm and the Village. E. Evaluation: The Village Attorney will submit a written report to the Village Council of the prior year's activities by February 1. The Village Council will evaluate the Village Attorney's performance and this Agreement on a calendar year basis, no later than March 31 of the following year. The Flat Fee and Hourly rates herein may be increased for each performance review in the amount deemed appropriate by the Village Council. 4. Costs_ In addition to the fees discussed in paragraph 3, we anticipate that certain expenses may be incurred and advanced on your behalf. These expenses may include filing fees, recording costs, out- of-town travel expenses, delivery charges, long distance telephone charges, photocopies (xerox), special postage (express mail, certified mail and the like), computer research charges, court reporter expenses (including cost of transcript and court reporter's fee for attendance), court costs (such as filing fees, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accounting and appraisal fees, fees and expenses of experts necessary to assist in the preparation and hearing of your case, investigation costs, word processing fees, computer charges and applicable lobbyist registration fees. In addition to our fees for legal services, you agree to pay us for such out-of-pocket expenditures. In the event unusually large costs or advances are anticipated, we reserve the right to require an additional cost deposit from you prior to undertaking the expenditures of funds on your behalf. 5. Payment of Fees and Costs. Our invoices are submitted to you on a monthly basis and each invoice is due and payable when rendered. The flat fee component will be billed as a single charge, without detailed time entries; any charges for Hourly Services will be accompanied by detailed time entries. You must understand that if any invoice remains unpaid for more than 30 days after it is rendered, we reserve the right, in our discretion, to cease to provide further legal services to you. You will, however, be liable to us for the payment of any fees earned and any costs incurred by us to the date of termination, 6. Termination or Withdrawal of Representation. We serve at the pleasure of the Village Council, and may be terminated at any time, with or without cause, with the Village only being liable for any fees and costs incurred through the date of termination. We, likewise, reserve the right to withdraw from representing the Village if you have misrepresented or failed to disclose material facts to us, or if we disagree about the course of action which should be pursued. 7. Representation of Other Clients. We are bound by rules of legal ethics not to represent any client if the representation of that client will be directly adverse to the interests of another client, unless each such client consents to such representation after consultation. Should such a situation arise, you will be immediately informed, and we will propose a method of addressing the conflict. If this agreement is acceptable, please acknowledge your understanding and agreement by signing this letter and delivering it to us. We appreciate your confidence in our Firm and we assure you that we will continue to make every effort to perform our services in a prompt and efficient manner. Sincerely, WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. By: CJ Susan L. Trevarthen MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM 56 Page 3 of 3 APPROVED BY VILLAGE COUNCIL OIL. 'ZO 2021 cc* Jorge Gonzalez, Village Manager Dwight S Danie, Village Clerk AGREED AND ACCEPTED Jorg onzai s`llage o nagec ON u - 2021 MIAMI 1 FT. LAUDERDALE I BOCA RATON 1 TAMPA I WSN-LAW,COM 57 Exhibit I Updated Village ,attorney Team Village Attorney: Susan L. Trevarthen Deputy Village Attorney: Robert Meyers Team: *Jose L. Arango: Code enforcement, municipal Candice Balmori: Municipal Mitchell Burnstein: Eminent domain and real property litigation Milton R. Collins: Collective bargaining and labor/employment advice Elizabeth Coppolecchia: Litigation, construction agreements *Maria Victoria Currals: heal estate, agreements Jeff DeCarlo: Public finance, bond Men Gantner: Municipal Paul Gougelman: Municipal, land use *Edward G. +Guedes: Appellate, litigation Eric llockman: IT, Litigation Sarah L. Johnston: Municipal *Michael S, Kantor: Labor/employment claims *Michael J. Kurzman: Construction `Lori Smith-Lalla: Public finance, bond Matthew Mandel: Litigation, Police defense *Aleida Martinez Molina: Bankruptcy, litigation *Ed Martos: Environmental, Value Adjustment Board, Land Use *Robert Meyers: Ethics, municipal *Joseph Natiello: Police, litigation, municipal Matthew J. Pearl: Municipal Roger C, Pou: Municipal John ).Quick: Litigation, ADA Joseph H. Serota: Litigation *Brett J. Schneider: Collective bargaining and labor/employment David N. Tolces: Municipal *Peter Waldman: Eminent domain, utilities, litigation Richard Jay Weiss; Municipal, County issues Laura Wendell: Appellate, litigation James E. White: land use, municipal David M. Wolpin: Municipal, finance *Chanae Wood: Land use, telecommunications Samuel 1, Zeskind: Litigation, public records *Key contact for practice area or pending matters Note. Litigation contact depends on the case. Ed Guedesand Matt Mandel lead the appellate and litigation practices 6.1.21 58 Exhibit 2 Village Attorney Services Included in Flat Fee 1 • General Legal Counseling and advice as generally provided by a chief legal advisor. • All in -person meetings, telephone calls, emails, teleconferences and video conferences with individual Village Councilpersons, the Village Manager, Village residents, and Village staff. • Preparation or review and revision of ordinances and resolutions. • Preparation of agenda memos and item summaries for agenda items for any Village Board or the Village Council originated by the Village Attorney or as discussed with Village Manager. • Review, comment and revision of agenda materials originated bythe Village Manager, Village staff, or Councilpersons for Village Council or other Village Board meetings. • Preparation for and attendance at Village Council meetings, workshops and retreats. • Preparation for and attendance at Architectural Review Board meetings. • Preparation for and attendance at Resort Tax Committee meetings. • Training of Village Council or Village Boards on request. • Orientation of newly elected Councilpersons or Mayors. • Legal research, analysis, and drafting of memos and correspondence responding to inquiries. • Drafting, review and revision of contracts/agreements. • Provide on site (Village Hall) office hours by an attorney listed on Exhibit 1 averaging one day a week or whatever alternative schedule is agreed between the Village Manager and Village Attorney. The intent is for the office hours to be productive time handling Village business, and they will be scheduled accordingly. As such, some weeks may involve multiple sessions while others may not have any scheduled office hour sessions, in response to the deadlines and demands of Village business. I Any services listed below that relate to a matter not included in the Flat Fee, -such as research/meeting/ correspondence/drafting related to a lawsuit or a special project will be billed as part of that separate matter. M Exhibit 2 Village Attorney Services Not Included in Flat Fee • All services provided on litigation matters, including all. adversarial proceedings before any administrative tribunals, courts, mediators, arbitrators and appellate tribunals.z • All services provided on behalf of the Residential Gated Community, funded in through the residential gated special assessment. • All services provided on special projects, such as but not limited to a rewrite of the Code of Ordinances or Land Development Regulations, collective bargaining with unions, development or substantial redevelopment application reviews and negotiations for ocean front properties and for projects greater than 1 acre (excluding a single family residential dwelling unit), an opinion of title, or a general obligation bond issue. 2 The Village carries liability insurance, and insurance counsel currently defends covered matters. It is expected that this will continue to be the Village's preferred approach. On occasion, there may be a need for the Village Attorney to participate in the defense of such matters to protect the Village's interests. If provided, such services will be handled and billed as Hourly Services. Exhibit 2 Updated Village Attorney Team Village Attorney: Susan L. Trevarthen Deputy Village Attorney: Robert Meyers Team: *Jose L. Arango: Code enforcement, municipal Candice Balmori: Municipal Mitchell Burnstein: Eminent domain and real property litigation Daniela Cimo: Municipal Milton R. Collins: Collective bargaining and labor/employment advice Elizabeth Coppolecchia: Litigation, construction agreements *Maria Victoria Currais: Real estate, agreements Jeff DeCarlo: Public finance, bond Paul Gougelman: Municipal, land use *Edward G. Guedes: Appellate, litigation Eric Hockman: IT, Litigation Amelia Jadoo: Municipal Narinah P. Jean -Baptiste: Municipal, land use Sarah L. Johnston: Municipal *Michael S. Kantor: Labor/employment claims *Michael J. Kurzman: Construction *Lori Smith-Lalla: Public finance, bond *Matthew Mandel: Litigation, Police defense *Ed Martos: Environmental, Value Adjustment Board, Land Use *Robert Meyers: Ethics, municipal *Joseph Natiello: Police, litigation, municipal Matthew J. Pearl: Municipal Roger C. Pou: Municipal John J. Quick: Litigation, ADA Joseph H. Serota: Litigation *Brett J. Schneider: Collective bargaining and labor/employment David N. Tolces: Municipal *Peter Waldman: Eminent domain, utilities, litigation Richard Jay Weiss: Municipal, County issues Laura Wendell: Appellate, litigation James E. White: Land use, municipal David M. Wolpin: Municipal, finance *Chanae Wood: Land use, telecommunications Samuel I. Zeskind: Litigation, public records *Key contact for practice area or pending matters Note: Litigation contact depends on the case. Ed Guedes and Matt Mandel lead the appellate and litigation practices 1.31.23 Exhibit 3 Village Council Evaluation Form for Village Attorney The purpose of the review is to strengthen the working relationship between the Counciland the Village Attorney, identify performance objectives, and provide feedback regarding those aspects of the representation that are going well and those where improvement may be needed. This process recognizes that the Village Attorney is a private law firm retained by the Village Council. The intent is that each Councilmember will review the Village Attorney's report, complete this form if desired, and meet one-on-one with the lead Village Attorney for the firm. Please rate performance based on the following categories. References to the Village Attorney should be construed to refer to the Firm's team serving in this role. Where appropriate, detailed comments should mention which individual attorney is referenced. 0 N/A: No Opinion The evaluator lacks sufficient information to evaluate the criteria, or does not have an opinion on the criteria. 1 Poor: Fails to meet Performance is well below expectations in most areas of most expectations responsibility. Serious performance deficiencies that inhibit adequate performance in the position. Should be evaluated for termination. 2 Fair: Meets most Often fails to meet performance expectations of the position. expectations Performance is generally adequate but is deficient in one or more key areas and will require improvement. 3 Good: Meets Meets all expectations of the position and is competent in the expectations performance of responsibilities. 4 Very Good: Meets Occasionally exceeds performance expectations of the expectations and position. Performs the most difficult parts of the job competently exceeds some and thoroughly. Contributes significant results on their own expectations initiative. Works with a high level of independence, initiative and concern for the quality of the service produced by and for the Village. 5 Excellent: Overall skills and abilities consistently exceed the expectations Exceeds of the position. Demonstrates strong expertise within key areas expectations of responsibilities. Occasionally receives outstanding results beyond those contemplated in key areas of responsibility. Anticipates needs and executes plans. Quality and Competency: Possesses and applies a comprehensive understanding and knowledge of the Village Charter, Code of Ordinances, County Code of Ethics and Florida Statutes. Possesses and provides an efficient and effective knowledge of and judgment concerning case law regarding municipal government and issues involving the Village. Has an extensive understanding of legal issues faced by local governments. Has the ability to effectively formulate and advance legal strategies that further the goals of the Village. Provides high caliber recommendations given all existing legal issues and their ramifications. Regularly provides the legal expertise necessary to meet the Village's needs on legal and policy issues that arise, and proactively identifies potential issues of interest to the Village. Maintains the Council and the Administration's confidence while informing them of risks that proposed actions may generate for the Village. Works proactively to avoid litigation, while applying effective litigation skills before trial and appellate level courts and administrative agencies where necessary. 5. Excellent 4. Very Good 3. Good 2. Fair 1. Poor 0. Not Applicable Comments: Professionalism: Deals effectively and appropriately with Village Administration, Village Council, and all stakeholders using common sense and judgment. Works to keep politics and personal perspectives out of the decision -making process. Follows Council direction impartially. Devotes sufficient time and energy to the job, and addresses questions and concerns in a timely manner in light of all of the priorities of the Village. Demonstrates high ethical standards in the organization. Stays active in professional organizations and stays abreast of current developments in the law applicable to the Village. Respected in the field of municipal law. Performs work in a positive and collegial manner. Understands the unique identity of the Village and tailors the representation appropriately. 5. Excellent 4. Very Good 3. Good 2. Fair 1. Poor 0. Not Applicable Comments: 2 Management: Effective in the management, supervisory and interpersonal skills in the context of both the legal function and the Village, including the ability to establish and maintain effective working relationships with Village Manager, Village Council, Departments, boards and committees. Oriented to accomplishing the Village's objectives rather than identifying obstacles. Seeks early engagement so that legal issues can be anticipated and avoided. Creates a collaborative, team -building environment. Recognizes the accomplishments of staff and other agencies working on behalf of the Village. Develops standard forms and approaches where appropriate to increase predictability, ensure uniform quality, and streamline work processes. Accepts full accountability for legal staff and the outcome of Village projects or decisions. Identifies organizational problems and takes remedial action. 5. Excellent 4. Very Good 3. Good 2. Fair 1 1. Poor 0. Not Applicable Comments: Effectiveness in Working with Village Administration: Demonstrates a positive legal consultative relationship with the Village Administration in the pursuit of meeting the goals and objectives of the Village. Responsive to the priorities of the Administration and Council. Respects the difference between legal and policy determinations, but provides relevant and helpful input in both areas where appropriate. Works collaboratively with the Administration and thinks creatively, with an orientation toward solving problems. 5. Excellent 4. Very Good 3. Good 2. Fair 1. Poor 0. Not Applicable CnmmPnts- 3 Communication: Positive, courteous and open in communications. Effectively communicates (orally and in writing) complex issues to Village officials and stakeholders where diverse viewpoints and goals exist. Ensures that Councilmembers receive important information in a timely and effective manner. Maintains confidentiality. Presents the Council with clear and accurate written work product. Responds to correspondence, requests, and complaints quickly and appropriately in light of all obligations to the Village. Facilitates open two-way communication and encourages mutual honesty and respect with the Council, Village Manager, and staff. 5. Excellent 4. Very Good 3. Good 2. Fair 1. Poor 0. Not Applicable Comments: Achievements: Identify any particular achievements or strong points you have observed in the Village Attorney's performance over the review period. Comments: Objectives: List two to three performance objectives that you feel are important for the Village Attorney to focus on in the coming year, whether as an improvement to performance or as additional tasks/goals. Comments: Signature: 4 Date: Exhibit 4 Background Information on Village Attorney Duties of the Village Attorney The Village Code defines the duties of the Village Attorney as follows: The Village Attorney shall be the chief legal adviser of all offices and departments and of all officers and employees in matters relating to their official powers and duties. He shall represent the Village in all legal proceedings. It shall be his duty to perform all services incident to his position as may be required by statute, by the Village Charter or by ordinance. The compensation of the Village Attorney shall be fixed by the Council. It also provides that the Village Attorney shall be appointed by and be responsible to the Village Council. The Firm as Village Attorney Similar to most other small municipalities, the Village has hired a law firm to serve asthe Village Attorney for decades.' Weiss Serota Helfman currently serves in this role pursuant to the 2021 Engagement Letter agreement, attached as Exhibit 1 to the Annual Report. That agreement specifies that I act as the lead attorney for the firm in this representation, and that my deputy is Robert Meyers.2 The Firm serves as the Village Attorney using a team approach to the representation, and each member of that team also represents other municipal clients. This allows the Village to use only as much of a wide range of experience and expertise as it needs, just when it is needed. Experience with similar work performed for other municipal clients enhances the quality of the services that the Village receives from the Firm, and allows the Village to benefit from the experience of other communities. The updated team of attorneys serving the Village is attached as Exhibit 2 to the Annual Report. While we refer the Village to other counsel for areas outside of our core competencies, the Firm was created as and continues to be a one -stop shop for the vast majority of legal specialties and practices that a local government like the Village requires. In the timeframe covered by this evaluation, we have referred matters to outside pensions counsel related to revisions of the police and general employee pension ordinances. We have been able to handle the Village's other needs within the Firm. Our Firm was founded over 30 years ago and is organized around the conviction that local governments deserve the same high-level professional legal services as for -profit businesses. We understand that the Village is a multi -million dollar entity with employees, complex regulatory systems, and demanding stakeholders, namely, the residents and 1 The Village carries liability insurance with the Florida Municipal Insurance Trust, which assigns litigators to handle liability cases separately from the Firm's agreement. 2 As far as I have been able to determine, I am the first woman to serve the Village in that capacity. Page 1 of 2 businesses within the community. There are few firms in Florida that can match our experience counseling local governments. We regularly advise local governments, elected officials, law enforcement personnel, and individual departments of local governments. The Firm's "in the trenches" experience representing dozens of public sector clients, whether administratively or in litigation, gives us a unique insight that we leverage to your benefit. As former and current city and county attorneys, our municipal lawyers understand how to provide top-level legal advice that is not clouded by political influences in an effective, cost-efficient, and clear manner. We efficiently draft and review a multitude of resolutions and ordinances each year. We strive to draft legislation that is both understandable to the general public and able to survive legal challenge. We also serve as expert outside counsel to dozens of in-house city attorneys for their most important and, often times, sensitive matters. The following represents a small selection of our areas of expertise as special counsel: Appellate Election Litigation Real Estate Ethics Asset forfeiture Eminent Land Solid Waste Constitutional Domain Use/Zoning Management Code Employment/ Police Legal Special Districts Foreclosure Enforcement Labor Advisor Community Environmental Procurement Sustainable Construction Redevelopment and Contracts Development We keep abreast of the latest legislative and judicial developments in municipal law through a program of in-house training and continuing education. We monitor issues of home rule authority, which are of such importance to local government effectiveness. We are frequently requested to publish articles and make presentations to our peers, local state and national bar associations, related professional organizations, and the Florida League of Cities. Most importantly, we understand our role is not to make policy, but to counsel and assist our clients by providing a legal framework for decision -making. Our services enable our local government clients to meet their responsibilities, and to earn and retain their constituents' confidence and trust. Page 2 of 2