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
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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.
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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
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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. —
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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
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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
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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
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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
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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.
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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.
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