10/16/1989 City Commission Special Work Session
October 16, 1989
City Attorney Evaluation
The City Commission of the City of Clearwater met at City Hall, at 1:55 p.m. with the following members present:
Rita Garvey Mayor/Commissioner
Don Winner Vice-Mayor/Commissioner
Lee Regulski Commissioner
William Nunamaker Commissioner
Richard Fitzgerald Commissioner
Also present were:
M. A. Galbraith, Jr. City Attorney
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order.
Commissioner Regulski indicated he had some concerns regarding the City Attorney having a tendency to become a part of the line operation rather than fulfilling the staff function required
by the Charter. He stated the City Attorney's office needs to have more of a distinction between their offensive and defensive attorneys. He feels ordinance preparation and research
are good. He also expressed concerns that the City Attorney has judged cases before allowing the Commission an opportunity to review them.
Commissioner Winner stated he thought that compared to other legal departments Clearwater is doing a good job. He stated he agreed the that Legal Department should stand back from the
operations of the City and be a guide; however, he did not agree with Commissioner Regulski regarding the attorney evaluating cases prior to bringing them to the City Commission. He
stated one area of weakness is lack of organization or a system of routing information through the department, and that there needs to be staff meetings. He reiterated that when compared
to others, the City of Clearwater's legal department is in good shape.
Mayor Garvey stated she felt the areas for improvement have to do with the speed in which work is produced. She felt a management system is needed and there needs to be a better working
relationship with management staff.
Commissioner Nunamaker indicated he felt the City Attorney had
done a good job in reorganizing the department, and that litigation that was pending has been settled and major problems resolved. He stated he had a lot of confidence in the City Attorney
and his assistants. He thought one area of improvement was that the City Attorney seems to be overly conservative; however he did feel the Attorney had kept the City out of court.
He stated all in all, the City Attorney is doing a fine job.
Commissioner Fitzgerald indicated he felt the City Attorney meets the overall requirements of the Charter. He stated Mr. Galbraith is intelligent and honest with high integrity, manages
his office well, is cost conscience and stays within the budget. He stated Mr. Galbraith is a good communicator, although confusing at times. He stated Mr. Galbraith's attitude is
defensive in nature, not offensive, and there is an inclination to settle cases. He also was concerned regarding the use of outside counsel, when it appears the City Attorney just reports
results.
The Mayor questioned whether or not the City Commission wished to consider a salary review Thursday night, and consensus was to add this to the agenda.
The City Attorney indicated he agreed there needed to be a greater distinction between line and staff, however there are times when he tends to get drawn into issues. He stated he will
need to strike a balance. He indicated it is a public perception that he is defensive rather than offensive because of the public nature of the job. He said his number one priority
will be getting work out on time. He requested Commission provide him input throughout the year.
The meeting adjourned at 2:30 p.m.