The URL can be used to link to this page

07/26/2021 - SpecialMonday, July 26, 2021 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Special Meeting Agenda Special Meeting: City Attorney Candidates July 26, 2021City Council Special Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (July 25) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Citizens to be heard re items not on the agenda 3. Other Council Action 3.1 ID#21-9507 Review City Attorney Candidate Finalists - Anne Lewis, Baker Tilly 4. Closing comments by Councilmembers (limited to 3 minutes) 5. Closing Comments by Mayor 6. Adjourn Page 2 City of Clearwater Printed on 7/23/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9507 Agenda Date: 7/26/2021 Status: Other CouncilVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Review City Attorney Candidate Finalists - Anne Lewis, Baker Tilly SUMMARY: Page 1 City of Clearwater Printed on 7/23/2021 380 Jackson Street Suite 300 ● Saint Paul, MN 55101 ● 651.223.3000 ● www.bakertilly.com PRESENTED TO CITY OF CLEARWATER, FLORIDA SEMI-FINALIST REPORT CITY ATTORNEY FRIDAY, JULY 23, 2021 The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. Baker Tilly US, LLP, trading as Baker Tilly, is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. © 2020 Baker Tilly US, LLP Memo To: Mayor Frank Hibbard and members of Clearwater City Council From: Chuck Rohre, Managing Director Anne Lewis, Director c.c.Jennifer Poirrier, Human Resources Director Date: July 23, 2021 Subject: Clearwater, FL City Attorney Search On behalf of Baker Tilly, we are pleased to transmit this Semi-Finalist Report to the City of Clearwater, Florida. This transmittal memo provides: •a summary of the search; •a description of the content of this report; •instructions to review the recorded video interviews; and •recommendations for the review of semi-finalist materials and selection of finalists. Summary of the Search We received 15 applications in response to the posting for the City Attorney position. Two candidates withdrew from the process. We were pleased with the depth and breadth of the applicant pool. Through our screening process, eight candidates are being presented to the City Council for consideration. These candidates reflect municipal and county law experience in Florida. The candidates we are recommending for your consideration are: •Aleksandr Boksner •Ernest Mayor •Michael Fuino •Barnaby Min •Andrew Mai •Matthew Smith •David Margolis •Patricia Smith The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. Baker Tilly US, LLP, trading as Baker Tilly, is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. © 2020 Baker Tilly US, LLP The candidates’ names and their application materials are presented in alphabetical order. We have not ranked them because each closely meets the established job requirements identified in the City’s approved recruitment brochure. We are confident that each is professionally and technically capable of performing the job, and believe that the “fit” between the candidates and the City is an important factor to determine in the final selection. In order to recruit the best candidates for the position, the following process was followed: 1. Position Analysis – Meetings were held with City Council members, the City Attorney, the Human Resources Director on May 24. Information obtained from these meetings was used to identify the key qualifications and experience desired in the City’s next City Attorney. A copy of the recruitment brochure and selection criteria is included as part of this report. 2. Recruitment – On June 4, advertisements were placed in the following publications on-line: • LinkedIn Jobs • Careers in Government + Diversity Boost • Florida Bar • Florida City and County Management Association • Florida League of Cities • Hispanic Bar Association of Central Florida • University Alumni Programs and Job Centers In addition, we made direct contact with over 1,600 individuals to inform them of this opening. The process was posted with a first review of resumes on July 14; the position was listed as open until filled. 3. Preliminary Screening - We received, acknowledged, reviewed and screened the 15 applications received based on selection criteria listed in the recruitment brochure (A master applicant list is included in this report.). Screening occurred in two phases. First, we invited nine applicants to submit more detailed information on their experience in the form of candidate questionnaires. To bring the number down to the eight semi-finalists, Baker Tilly reviewed the candidate questionnaires and video interviews, conducted telephone interviews and conducted internet and media searches. Please note that additional candidates may be brought forward in the event we receive new applications from individuals with qualifications that strongly match those of our semi-finalists. 4. Selection of Finalists – The City Council will be asked to select final candidates from among the eight semi-finalists, considering the application materials contained in this report and the recorded video interviews (instructions for the video interviews appear below). Following the selection of finalists, we will conduct a public records background check and contact references and ask the finalists to complete a leadership-management assessment. The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. Baker Tilly US, LLP, trading as Baker Tilly, is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. © 2020 Baker Tilly US, LLP Semi-Finalist Report Contents Items contained in the Semi-Finalist Report include: • The recruitment brochure used in this search • The Master Applicant List • Sections for candidate application materials with o Cover letter o Resume o Candidate Questionnaire o Application Addendum Instructions for Viewing/Rating Recorded Candidate Video interviews (HireVue) To accompany the written documentation contained herein, we invite you to view the online pre-recorded video interviews of each semi-finalist candidate. Please refer to the email you will receive shortly from HireVue containing a link to review the videos. If you need to stop and return to the videos at a later time, you may continue to use the link provided in your email from HireVue. The Exercise. The candidates were given three questions total, one at a time. They had 30-seconds to review the question and three minutes to respond. The interview is on a timer, so if they do not complete their answer in the time given – they will be cut off. To begin, candidates are able to ‘practice’ as many times as they like to feel comfortable speaking to a computer. Once the actual recorded interview begins, they cannot stop, pause, restart, or redo any portion of the exercise. A part of the strategy is to determine how well candidates can respond extemporaneously. When you are viewing the video interviews, the question the candidates are responding to will be above the video box. HireVue Technical Support or Questions If you have any questions, or need any assistance, please contact our recruitment coordinator, Michelle Lopez at (651) 223-3061 or michelle.lopez@bakertilly.com. Next Steps We appreciate that we are providing you with a wealth of information on candidates who are interested in being the City Attorney. As you may recall, the search process calls for the City of Clearwater to identify three to five candidates that you would like to interview. We would like to present some guidance to assist the Clearwater City Council with its review. Selecting a City Attorney is a collective group exercise. Councils can conduct business on a split vote, i.e. 6-4. However, filling an executive position is a decidedly different matter. Appointments must be accepted making this decision one that considers both the interests of the collective Council and the candidate. For that reason, appointments are typically made on a unanimous, or near unanimous vote. Throughout the remainder of the process, Baker Tilly will work diligently with you to listen to all voices and foster consensus. The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. Baker Tilly US, LLP, trading as Baker Tilly, is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. © 2020 Baker Tilly US, LLP Tips for reviewing the candidates you would like to continue in the process are provided below: • Review the candidate cover letter, resume, and written questionnaires before viewing the video interviews. Doing this provides an important context for viewing the videos. • Recording the one-way video interviews is arguably the most difficult part of the search. Candidates are answering questions without the benefit of an audience. Consider their ability to be articulate and formulate a response and take into account the nervousness that can occur for some candidates unfamiliar with this medium. • Note how candidate experience aligns with the desired qualifications in the recruitment brochure. A candidate assessment form is provided to assist you in considering candidate qualifications. The form includes the five areas listed below as well as an “other” category that you can use to assess other areas of experience that are important to you: o General Impression: Conveys a strong interest in the position and Clearwater; demonstrates integrity and effective interpersonal and communication skills; appears to be highly ethical, with unquestionable integrity, appears to remain calm under pressure, can maintain confidential information and sensitive data; authentic (someone who walks the talk) o Managing Change: Evidence of a systemic, big picture approach to problem solving; experience transforming organizations and thinking outside of the box o Transferable Knowledge and Skills: Knowledge and skills are transferable to Clearwater, the candidate brings new experiences of benefit to Clearwater o Organizational Leadership: Experience working for or with a governing board and staff; aligns the organization with the strategic goals o Effective Working Relationships: Appears to be able to work effectively with the staff and stakeholders; indicates that they will provide information/options that support the mission of Clearwater; helps identify areas of agreement and will provide legal counsel and advice Use the assessment tool to help you identify up to four candidates that you would like to interview. There is no need to assign numbers to your evaluation or to rank the candidates. On Monday, July 26, we will present a preliminary overview of the candidates Clearwater is interested in interviewing. The overview will provide a starting point for a discussion to determine the candidates who will be invited to participate in interviews. CLEARWATER, FLORIDA CITY ATTORNEY CANDIDATE EVALUATION FORM COMPETITIVE FACTORS Candidate General Impression Organizational Leadership Managing Change Effective Working Relationships Transferable Knowledge and Skills Other (specify) Moving Forward? (Yes /No) N Q S N Q S N Q S N Q S N Q S N Q S Y N Aleksandr Boksner Michael Fuino Andrew Mai David Margolis Ernest Mayor Barnaby Min Matthew Smith Patricia Smith COMPETITIVE FACTORS General Impression: Conveys a strong interest in the position and Clearwater. demonstrates integrity and effective interpersonal and communication skills; appears to be highly ethical, with unquestionable integrity, appears to remain calm under pressure, can maintain confidential information and sensitive data; authentic (someone who walks the talk). Managing Change: Evidence of a systemic, big picture approach to problem solving; experience transforming organizations and thinking outside of the box Transferable Knowledge and Skills: Knowledge and skills are transferable to Clearwater, the candidate brings new experiences of benefit to Clearwater Organizational Leadership: Experience working for or with a governing board and staff; aligns the organization with the strategic goals Effective Working Relationships: Appears to be able to work effectively with the staff and stakeholders; indicates that they will provide information/options that support the mission of Clearwater; helps identify areas of agreement and will provide legal counsel and advice. Other (please specify): Key Not Qualified Qualified Superior N Q S TABLE OF CONTENTS •RECRUITMENT BROCHURE •MASTER APPLICANT LIST •CANDIDATE 1 – ALEKSANDR BOKSNER •CANDIDATE 2 – MICHAEL FUINO •CANDIDATE 3 – ANDREW MAI •CANDIDATE 4 – DAVID MARGOLIS •CANDIDATE 5 –ERNEST MAYOR •CANDIDATE 6 – BARNABY MIN •CANDIDATE 7 – MATTHEW SMITH •CANDIDATE 8 – PATRICIA SMITH RECRUITMENT BROCHURE The City of Clearwater, Florida is seeking a collaborative, experienced and strategic leader to serve as its next City Attorney. PUBLIC SECTOR EXECUTIVE RECRUITMENT CITY ATTORNEY CLEARWATER, FLORIDA THE COMMUNITY Clearwater, a community of nearly 120,000 residents located on Central Florida’s Gulf Coast, has a long-standing reputation for supporting a professionally operated and innovative local government and is recognized as one of the most desirable places to live and work in the southeastern United States. Clearwater Beach, a 3-mile stretch of white-sand beach on a barrier island backed by hotels and restaurants, has recently been ranked as the #1 beach in the U.S. by TripAdvisor for several years running. As the county seat of Pinellas County, Clearwater is one of three principal cities in the Tampa-St. Petersburg-Clearwater metropolitan area, most commonly referred to as the Tampa Bay Area. This vibrant and dynamic community is strategically located just north of St. Petersburg and is a short and scenic 25-minute drive to Downtown Tampa, located east on the Courtney Campbell Causeway, the northernmost bridge across Old Tampa Bay. The I-75 corridor is within close-proximity to Clearwater, via I-275, and provides great north-south access throughout Florida. Orlando is less than a two-hour drive to the northeast by using Interstate 4. Clearwater averages more than 244 days of sunshine annually and the city is comprised of many unique amenities that are emerging as significant destination attractions. The Cleveland Street downtown district and the islands of Clearwater Beach are continuing to grow in popularity and distinction. Both the downtown and Clearwater Beach have expansive marina facilities making that area especially attractive to boaters. The city is also serviced by two nearby airports. Tampa International, hailed as America’s favorite, ranks high in convenience and ease of travel, and is located just 19 miles from the beach. The St. Petersburg/Clearwater International Airport is even closer to the beach (11 miles) and with rapidly expanding service, accessible from an ever- increasing number of cities. THE COMMUNITY (CONTINUED…) Ruth Eckerd Hall and the Nancy and David Bilheimer Capitol Theatre are two popular local attractions that are important local partners who host waterfront shows at Coachman Park. These venues and other special events have helped Clearwater carve out a reputation for live music and the performing arts, and are attracting large crowds and world-class musicians. The community also takes great pride in being the home of the Clearwater Marine Aquarium and the spring training home for Major League Baseball’s Philadelphia Phillies. THE ORGANIZATION Clearwater is governed by a city council that consists of five (5) members, including the mayor, all elected at- large and serving four-year overlapping terms, with elections held every two years. Appointment of the city attorney requires the affirmative vote of four (4) city council members, and the city attorney may be removed by a majority of the council. The city has a record of prudent fiscal management and has been recognized with the coveted GFOA Distinguished Budget Award for its budgeting and accounting excellence for 33 straight years. Appointed by and reporting to the city council, the city attorney serves as the legal advisor to the council, the city manager and all city departments, offices and agencies. When required by the city council, the city attorney prosecutes or defends, on behalf of the city, all complaints, suits, and controversies in which the city is a party; and prepares or reviews and approves as to form and legal sufficiency all contracts, bonds, and other instruments to which the city is a party. The city attorney performs other duties as may be directed by law or the city council. The city attorney oversees a legal office consisting of five assistant city attorneys, two paralegals, and 3.5 full-time equivalent support staff. VISION: Clearwater will be a uniquely beautiful and vibrant community: That is socially and economically diverse; That invests for the future; and, That is a wonderful place to live, learn, work, visit, and play. MISSION: The Mission of the City of Clearwater is to: Provide cost effective municipal services; Facilitate development; and, To support a high quality of life and experience. POSITION PROFILE The city attorney position requires an individual with good moral character and professional integrity, capable of making well-reasoned, difficult and thoughtful decisions quickly and independently. As the principal legal advisor and general counsel for the city, the city attorney provides legal advice to city departments, elected officials, and all city boards and commissions as needed. The city attorney also attends all city council meetings to provide legal advice as requested or necessary. Other responsibilities include overseeing and defending liability claims and other lawsuits; property and liability insurance policies/programs; and representing the city in litigation and negotiating settlements. The city attorney is regularly involved in evaluating economic development applications and incentives, interpreting city codes and policies, and in drafting ordinances. Negotiating and drafting contracts, reviewing bond and financing documents, conducting legal research, and reviewing current and proposed federal and state legislation are also frequent activities. MANAGEMENT AND LEADERSHIP QUALITIES The current city attorney is retiring after 27 years of service, and the city council is seeking prospective candidates who are experienced, strategic, and collaborative. The current city manager is also retiring after twenty-plus years of service, creating an environment of new leadership in two critical city council appointments. The city seeks an ethical leader with strong character who will be invested in the Clearwater community and committed to its success. The ideal candidate must build effective and successful relationships with the city council, staff and community, and must become a champion of the city’s existing culture and vision. The successful candidate will be an organized and responsive individual with advanced legal knowledge and abilities, as well as possess strong managerial and interpersonal skills. The city attorney should have thorough knowledge of municipal law, including a broad range of legal principles and practices such as civil, criminal, and constitutional law. The ideal candidate will be a skilled negotiator capable of facilitating the development of consensus without compromising the city’s position. The selected candidate will possess outstanding communication skills, including both oral and in writing, as well as strengths in project management, organizational planning, presentations, leadership, and facilitation. To compete for this position, candidates must demonstrate a record of utilizing initiative and independent judgment with minimal oversight and possess the ability to interpret and explain complex legal issues, city codes, policies, and procedures in understandable terms. The city is seeking a city attorney who can provide fiscally conservative, yet creative, solutions with a focus on positive outcomes. The ability to analyze problems, resolve disputes and grievances, recommend effective solutions, and maintain confidentiality is essential. EDUCATION AND EXPERIENCE The selected candidate must hold a Juris Doctorate from an accredited law school and have a minimum of 10 years of progressively responsible experience in the practice of law, including five years of municipal experience and supervisory experience over attorneys and other legal positions. Any equivalent combination of education, training, and experience which provides the knowledge, skills, and abilities necessary to complete the essential functions of the position will be considered. To be considered for the position of city attorney, applicants must be currently licensed to practice law in Florida (non-waivable). Preferred qualifications include legal management experience in a growing city reasonably comparable to the City of Clearwater in size and complexity; licensed to practice in Federal Court; experience in outsourcing legal services; and a record of participation and professional networking in legal associations as they benefit the city. Residency within Clearwater city limits is required and must be established within twelve months of appointment. KEY PRIORITIES As a member of the city’s management team, the city attorney will oversee the city attorney’s office in an effective manner and provide high levels of service to the office’s internal and external customers. The next city attorney will be expected to provide highly competent legal advice to the city council and city manager as they address several issues. Examples include the continued use of the Penny for Pinellas local option sales tax and implementing the city council’s funding priorities as a part of the ten-year levy. Some other priorities include: a continued focus on the enhancement of the downtown waterfront; pursuing the next steps required to replace city hall offices; continued enhancements and improvements to the city’s utilities and other infrastructure; replacement of the city’s public safety buildings; and continuing to seek progress in working with all stakeholders toward the revitalization of Downtown Clearwater. In 2020, the city council approved moving forward with a multi-million dollar investment into implementing the Imagine Clearwater Master Plan, which includes a 4,000-seat covered amphitheater as a cornerstone of a redeveloped Coachman Park. The city is also committed to working closely with a strong and diverse group of neighborhoods and neighborhood associations in an effort to maintain and continuously improve the community’s quality of life. COMPENSATION AND BENEFITS The starting salary for this position will range from $210,000—$240,000, depending on the qualifications and experience of the successful candidate. The City of Clearwater offers an outstanding array of benefits including 100% paid employee coverage for health, dental, life and disability insurance; 10 paid holidays; and, $600 per month vehicle allowance. Florida does not have a state income tax. Visit https://www.myclearwater.com/home/ showpublisheddocument?id=8883 to review more of the city’s employee benefits. APPLICATION AND SELECTION PROCESS Qualified candidates are invited to submit their cover letter and resume online by visiting our website: https://bakertilly.recruitmenthome.com/postings/2965 This position is open until filled; however, interested applicants are strongly encouraged to apply no later than July 14, 2021. Following the first review date, resumes will be screened in relation to the criteria outlined in the recruitment brochure. Applicants selected as finalists for this position will be subject to a comprehensive background and reference check prior to an on-site interview. For more information, please contact Anne Lewis at Anne.Lewis@bakertilly.com or (703) 923-8214 or Chuck Rohre at Chuck.Rohre@bakertilly.com or (214) 466-2436. More information about this outstanding community can be found on the city’s website: www.myclearwater.com. Confidentiality: Under Florida’s Public Records Act, information from your application is subject to public disclosure at any point in the recruitment process. The City of Clearwater is an Equal Opportunity Employer (EOE) and values diversity at all levels of its workforce. 2500 Dallas Parkway, Suite 300 | Plano, TX 75093 | 972-481-1950 | https://bakertilly.recruitmenthome.com/ MASTER APPLICANT LIST CLEARWATER, FLORIDACITY ATTORNEY MASTER APPLICANT LIST First Name Last Name City State Title Organization 1 Mr.Aleksandr Boksner Davie FL Deputy City Attorney City of Miami Beach, Florida 2 Mr.Michael Fuino North Redington Beach FL Senior Assistant City Attorney The City of Clearwater 3 Mr.Andrew Mai St Cloud FL Attorney Person Cohen & Mooney4Mr.David Margolis Orlando FL Chief Assistant City Attorney City of Orlando5Mr.Ernest Mayor Tampa FL Senior Assistant County Attorney Hillsborough County Attorney's Office 6 Mr.Barnaby Min Miami FL Deputy City Attorney City of Miami 7 Mr.Matthew Smith Lutz FL Senior Assistant City Attorney City of Clearwater8Ms.Patricia Smith Palm Bay FL City Attorney City of Palm Bay 9 Mr.Shaun Amarnani Boca Raton FL Attorney / Owner Amarnani Law 10 Ms. Jennifer Cockcroft Kissimmee FL Deputy City Attorney City of Palm Bay11Mr.Ben Gross Daytona Beach FL Deputy City Attorney City of Daytona Beach, Florida12Mrs.jane kim Naples FL Law Partner KYZ Law PC 13 Mr.Tom McFarland Kingston TN Owner Tom McFarland Law Office 14 Mr.Paul Paquin Tampa FL Owner, Law Office of Paul J. Paquin Self employed15Ms.Sandra Robinson Glen Allen VA County Attorney City of Hopewell, VA CANDIDATE 1 – ALEKSANDR BOKSNER Aleksandr Boksner 7749 Paddock Place, Davie, Florida 33328 305-216-6258 July 8, 2021 Anne Lewis Chuck Rohre Submitted Electronically Bakertilly 2500 Dallas Parkway, Suite 300 Plano, Texas 75093 RE: City of Clearwater, City Attorney Position Dear Ms. Lewis and Mr. Rohre: Please accept this Letter of Interest and Resume in regards to the City Attorney Position with the City of Clearwater, Florida. I am currently the Deputy City Attorney for the City of Miami Beach, Florida, and provide legal counsel to the Mayor and City Commissioners, the City Administration and the various City Departments on a broad spectrum of legal issues. More specifically, I am responsible for those matters that involve the City’s governmental business operations, land use interpretation and drafting, federal and state litigation, statutory implementation, application and procedures, labor and employment, and other numerous legal matters that impact the governmental functions of the City of Miami Beach. At your earliest convenience, please review my resume to further evaluate my candidacy for this excellent position. I look forward to discussing my qualifications in further detail and welcome the opportunity for an interview. Thank you for your consideration. Sincerely, /s/ Aleksandr Boksner Aleksandr Boksner ALEKSANDR BOKSNER 7749 Paddock Place, Davie, Florida 33328 305-216-6258 SUMMARY OF PROFESSIONAL EXPERTISE AND STRENGTHS • Twenty years of extensive experience in advising on, operations, regulatory compliance, policies, procedures, financing and administrative guidance on government business practices, including legal management of regulatory departments, principles of civil, constitutional and administrative law, preparation of resolutions and ordinances, liaison with corporate vendors, contractors, citizens and external agencies on sensitive and controversial issues, and formation of cost-effective and goal-oriented legal compliance with emerging legal disputes (contractual and statutory). • Strong government counsel orientation with extensive experience advising elected officials, government departments and the Office of the Inspector General on all aspects of governmental compliance and investigation, litigation (commercial, land use, construction, tort and appellate), sovereign immunity, employee relations, legislative process and procedure, contract formation and drafting, governmental procurement and purchasing (traditional procurement and Job Order Contracting), and various aspects of public/private development agreements, including modifications, operability studies and fiscal challenges, and in connection with these entities day-to-day business activities, interaction with vendors, contractors, federal and state entities and officials. • Strong senior counsel with substantial experience in advising, and working with, elected officials (and government administration) and private business colleagues on various public/private governmental contracts and legal issues, risks, preferred outcomes and strategies. • Strong substantive knowledge and analytical skills, with excellent judgment and ability to quickly and effectively identify, assess, communicate and resolve legal and, as appropriate, business issues as necessitated by municipal policy requirements, objectives and the law. • Excellent interpersonal, communication (written and verbal), negotiating and drafting skills. • Apply critical thinking to issues, demonstrating resourceful, pragmatic and creative approach to issue solving and addressing governmental entity and municipal-related policy objectives. PROFESSIONAL EXPERIENCE The City of Miami Beach, a municipal corporation Deputy City Attorney and General Counsel, Miami Beach, Florida 2009 to Present Marion County, Florida, a political subdivision of the State of Florida Chief Assistant County Attorney, Ocala, Florida 2008 to 2009 Charlotte County, Florida, a political subdivision of the State of Florida Chief Litigation Attorney, Port Charlotte, Florida 2005 to 2008 NRT, Inc. Associate Counsel, Weston, Florida 2004 to 2005 Office of the State Attorney, Eleventh Judicial Circuit of Florida Assistant State Attorney, Miami, Florida 2001 to 2004 BAR ADMISSION AND EDUCATION Bar Admission Florida, 2001 Tennessee, 2008 -2- University of Toledo College of Law, Toledo, Ohio Juris Doctor, 2001 University of Cincinnati, Cincinnati, Ohio Bachelor of Arts, 1998 LANGUAGES English and Russian DESCRIPTION OF EXPERTISE AND EXPERIENCE Government Counsel Extensive experience representing, advising and rendering legal opinions to elected officials, managers/administers, boards, commissions and other staff on all aspects of governmental business operations and governance, operations and policy initiatives, and other aspects of their regulatory compliance, business function, labor and employment, and litigation. Advised governmental entities in connection with their day-to-day activities and contractual relationships and obligations, including aspects pertaining to vendors, citizens, suppliers, contractors and employees, and reviewing and preparing agreements relating to such matters, including project specific agreements, Job Order Contracting, land use licensing and permitting, memorandums of understanding, mutual aid and cooperation assistance agreements and consent agreements. Experience in analyzing pending and proposed legislative (federal and state) action impacting the administration, operation and functionality of the governmental corporations, and the investigation of complaints and claims involving all aspects of government departments, staff and programs. General Counsel to the City of Miami Beach Inspector General and Office of the Inspector General. Regulatory, Compliance and Litigation Extensive experience ensuring compliance with municipal, state and federal ordinances, statutes, regulations and codes, including, Florida Building Code, National Fire Prevention Code, Local Government Code Enforcement Boards Act, Drug-Free Workplace Act, Florida Public Records Act, Florida Contraband Forfeiture Act, False Claims statutes and ordinances (Federal, state and local), Florida Uniform Traffic Control Law, Florida Vessel Safety Law, Whistle-blower’s Act, Clean Water Act, Criminal and Civil Justice Policy Council, Bank Secrecy Act, 31 U.S.C. Section 5311 – 5332, Florida Anti-Fencing Act, Florida Communications Fraud Act, Florida Money Laundering Act, Florida Mutual Aid Act, Bert J. Harris, Jr. Private Property Rights Protection Act and Florida Land Use and Environmental Dispute Resolution Act. Experience as Chief Litigation Counsel for lawsuits in federal and state courts representing public entities for violation of the United States Constitution and Florida Constitution, defense of various statutory and common law causes of action, including regulatory taking, inverse condemnation, eminent domain, 5th Amendment taking under §1983, covenants of good faith and fair dealing, doctrine of recoupment, termination of contractual agreements for convenience, littoral takings, public records law, and all other litigation matters impacting governmental business operations. Government Contracting Extensive experience representing governmental entities in collaborating, documenting and completing contractual agreements pursuant to the Florida Interlocal Cooperation Act of 1969, and those contractual agreements involving purchase and sale, architecture and engineering, Federal cost reimbursement, administrative services, indemnity and hold harmless, independent contractor, sponsorship agreements, utility franchise, Capital Improvement Project (CIP) design build, risk services, licensing, invitation to bid (ITB), request for qualification (RFQ), request for proposals (RFP), professional services, artist, revocable permits and easements, concessionaire, street scape and management. Extensive experience in negotiating and drafting agreements documenting these contractual agreements, including terms, conditions, modifications, amendments, demands, cure letters, notices of default, as well as those documents mandating indemnification and the assertion of a legal defense. As part of each contractual agreement, managing and coordinate the involvement of relevant staff and professional experts in those areas which directly impact the specific governmental operations and functions. Name Primary Phone Mailing Address Education Florida Bar License Number Title Dates of Employment Organization Jurisdiction Population Reports To /Title\ Department Staff Department Budget Instructions: CITYOF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT -CITY ATTORNEY Candidate Questionnaire Aleksandr Boksner Email aleksandrboksner@lmiamibeachfl.gov to1edo1998@aol.com 305-216-6258 Secondary N/A Phone 7749 Paddock Place, Davie Florida 33328 -~ Juris Doctorate (J.D.) 526827 Current (Most Recent) Previous Position Previous Position Position Deputy City Attorney Chief Assistant County Chief Litigation Attorney Attorney March, 2009 to present December, 2008 to February, 2005 to March, 2009 December, 2008 City of Miami Beach, Marion County, Florida Charlotte County, Florida Florida The current population of The current population of The current population of the City of Miami Beach the City of Miami Beach the City of Miami Beach is 91,562. However, the is 365, 579. is 188,910. City's population surges with the influx of approximately 8.5 million visitors annually. City Attorney County Attorney County Attorney The Office of the City The Office of the City The Office of the City Attorney consists of 24 Attorney consists of 7 full Attorney consists of 14 full time employees, time employees, which full time employees, which includes 14 includes 4 attorneys and which includes 8 attorneys and 10 support 3 support staff members. attorneys and 6 support staff members. staff members. $6.3 Million The current Department The current Department budget is unknown. budget is unknown. The purpose of this questionnaire is to provide us with additional information about you as a candidate and to gather examples of professional work that illustrate your background and experience. This information will be shared with hiring officials and others involved in making decisions about candidates selected to move forward in the selection process. (§ bakertilly PAGE 1 2020~ THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT -CITY ATTORNEY Please respond to each of the following questions by providing pertinent information. Some questions ask you to provide examples; please be sure to describe your direct level of involvement in the project or initiative. Please be succinct -limit your responses to 300 words. --- 1 . Why are you interested in this specific position at this specific time? I consider Clearwater to be an exceptional city on the Gulf Coast. I have strived throughout my entire legal career for the opportunity to serve such a great municipality, and would welcome those challenges that accompany such an endeavor. It would be my absolute honor and privilege to serve as the next City Attorney for the City of Clearwater. In my experience representing Florida municipal and county governments, I believe that this knowledge would be an ideal fit for those expected challenges that the City of Clearwater will be experiences over the next several years. 2. Describe your current scope of responsibilities and explain how these responsibilities prepare you to take on the leadership and management responsibilities of the City Attorney position. I'm currently in a leadership and management role, and oversee a total of 21 employees within the City Attorney's Office, which reflects the supervision of 12 attorneys (excluding outside litigation counsel). At present, it is estimated that the City Attorney's Office performs approximately 85 percent of the total legal work for the City, and the remaining 15 percent is accomplished by outside counsel. In that regard, I have developed a broad range of legal skills, which have allowed me to provide extensive legal guidance to the Mayor and City Commissioners, City Manager, City Departments, Agencies and Committees, and other various governmental entities on their operations and governance, policy initiatives and other aspects of a city/county business functions, litigation and land use. I have strived to develop, and sought to learn, a multitude of legal concepts and issues that could impact local government, in order to make certain that the legal advice that is provided by me is honest, concise and straight forward, and provides my client (the City and its elected officials) with the fullest extent of potential legal options. How is your current organization governed? If your experience includes employment with both public and private sector organizations, what do you see as the factors that differentiate working 3. as a public sector attorney, versus for a law firm in the private sector providing legal services to local governments on a contractual basis? If you have worked for a private firm in that capacity, describe how your responsibilities might be different from and/or similar to a full-time attorney emoloved bv local Qovernment. The City of Miami Beach is governed by an elected Mayor and six elected City Commissioners. The Mayor runs the City Commission meetings, and the Mayor and all Commissioners have equal voting power, and are elected by a popular election. The Mayor serves for terms of two years with a maximum of three terms, and each Commissioner serves a term of four years, and are limited to two full terms. Commissioners are voted for in a citywide election, and every two years three commission seats are voted upon. 15 bakertllly PAGE 2 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT -CITY ATTORNEY The Mayor and City Commissioners appoint the City Manager and the City Attorney (and two other Charter Officers), and the City Manager is responsib le for t he administration of the day-to-day affairs and operations of the City of Miami Beach. The City Attorney is the legal advisor for the City of Miami Beach and all of its officers in all matters relating to their official powers and duties. The City Attorney is responsible for the preparation and/or review of all ordinances, resolutions, contracts, bonds, and other written instruments in which the municipality is concerned and endorses the approval as to the form, language, and execution t hereof. Furthermore, when required by the City Commission, the City Attorney prosecutes or defends, for and on behalf of the City of Miami Beach, all complaints, suits and controversies in which the City is a party, before any court or other legally constituted tribunal. 4. What has been your role in working with members of a governing body, collectively and individually? What steps do you take to support the governing body's policy-making activities? I've directly worked w ith t he Mayor and City Co mmission in a collaborative relationship, which recognizes that approachabilit y, responsiveness and clear communicat ion of those pending or potent ial legal matters of the City of Miami Beach, is absolutely an essential element to ensuring success of t he governing body's priorities, objectives and policy initiatives. Equally important, I've taken a leadership rol e with the Mayor and City Commission, through clear and effect ive communicat ion skills when faced with any legal adversity or challenge, while making certain not to sacrifice t hose ethica l obligations of the City Attorney. This approach has permitted me to focus upon the individual goals for the members of the City Commission, and further ensured that such w orking relationship(s) don't t ransition into m atters of public policy wit hout ass uring t he proper legal level of t ransparency. In that regard, I've endeavored to provide direct and concise legal guid ance and counsel t o t he Mayor and City Commission on policy-making activit ies, by providing binding legal precedent and t he application of existing legal princi ples, in order to ascertain a pathway or direct ion that f urthers such policy object ives of the governing body. To t hat end, I have worked with the M ayor and individual City Commissioners in order to recommend potential legislation or other legal directives in orde r to address the multitude of t hose quality of life matters or concerns impact ing the City of Miami Beach, and have consistently identified necessary measures that should be adopted, including the rendering of va rious opinions or reports on a multitude of legal matters affecting the City. Please describe any direct experience you have had in the following areas: a) land use/planning and zoning/annexation: b) economic development, development agreements and incentives: 5. c) civil/criminal litigation: d) contract law: e) employment law: f) open records: g) intergovernmental relations/lobbying: (9 bakertllly PAGE 3 2020C THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TIUY US, LLP h) constitutional Jaw: i) public finance and debt issuance: CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT-CITY ATTORNEY I have been fortunate in my legal career to have direct experience with all of those legal areas (and various other areas) which have been identified herein. I've held significate legal positions at the City of Miami Beach and legal positions at the Office of the County Attorney, Marion County, Florida; Office of the County Attorney, Charlotte County, Florida; and Office of the State Attorney, Miami, Florida. I have nearly 20 years of legal experience representing 4 different governmental entities in the State of Florida, and this level of legal knowledge, proficiency, and expertise has permitted me to develop a tremendous understanding of local and state governmental functions and operations, including the legal issues that impact these functions and operations. How would you manage the role of the City Attorney as the chief legal advisor to City Council with 6. the corollary obligation to provide legal advice and work collaboratively with the City Manager and key staff? If a conflict of interest arose, how would you resolve it? I have developed an extensive understanding of those necessary skills, which a City Attorney must embrace and recognize in order to provide the appropriate legal representation to the Mayor, Council members, and the City Manager (including Department Directors). It is without question that there are various legal and administrative dynamics that exist between the governing body of a municipality and the City Administration, which may undoubtably result in potential impediments that inevitably emerge through those efforts utilized to implement the policy direction issued by the Mayor and Councilmembers. I have gained the necessary understanding to acknowledge such various dynamics, and have adapted a broad-range of management styles and experiences necessary to implement those styles according to the appropriate set of circumstances that might be necessary to accomplish a working collaboration with the City Manager and essential Department Directors, while ensuring that the City Council directives are properly accomplished. With that said, I would manage the role of City Attorney in a professional manner, and strive to accomplish the respective objectives and responsibilities of both the City Manager and the City Attorney, in order to achieve the desired outcome that has been identified by the Mayor and Councilmembers. I recognize that conflicts may arise between the respective role of the City Manager in seeking to accomplish various policy direction issued by the City Council, which could result in a conflict with those legal obligations of the City Attorney. In the event such a conflict does present itself, I'm confident that as Clearwater's City Attorney, that the City Manager and I would be able to discuss all available and viable options or solutions to ensure that the City of Clearwater is legally protected, and that no adverse consequences would negatively implicate the Mayor and Councilmembers, the City Manager or other Department staff, while making certain that the City Council's policy directives are implemented without delay. • bakertllly PAGE 4 20201C THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 7. 8. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT-CITY ATTORNEY If the City Council, City Manager or a department director were to disregard your legal advice or opinion on a matter, how would you approach resolution? I believe that the City Council, City Manager, or any Department Director should be apprised of, and receive any information, which could result in potential legal issues or consequences, or that could adversely impact the Mayor and Councilmembers. Certainly, I recognize that each Elected Official, City Manager or Department Director will be provided further clarity on those matters which they deem important (and seek further briefings on any given subject matter), and once I have been able to properly establish this understanding, I believe that the information that would be forthcoming from me would be transparent, appropriate and avoid any confusion or misu nderstandings. However, should there be a disregard of my legal advice or opinion on a matter, I would make certain that the individual is properly informed about the potential legal risks and adverse consequences that could materialize should there be a continued effort to proceed on a course of action that ignores my legal counsel on the subject matter, which may include litigation, civil or criminal penalties, and other negative legal action. With that said, and provided that the decision which conflicts with my legal advice or opinion is not illegal pursuant to the law, I recognize that City Council, City Manager, or any Department Director are my clients and are not obligated to follow my legal advice. The City Council and City Manager will be making the ultimate decision on a matter, which would most likely be based upon their level of risk-aversion, once all the potential legal issues or consequences are disclosed. What is your approach to deciding when you advise the City Council to bring in outside legal counsel? In that event, how do you manage the cost most effectively? The issue of retaining outside counse l on an adverse matter tends to arise in the context of constitutional law violation cases or controversies. This substantive area of the law contains many potential pitfalls, which may result in tremendous adverse consequences to the City. It is absolutely essential to factor in the differing rules of liability between the municipality and individual defendant(s), and differing rules of municipal responsibility for the acts of an individual defendant dependent on whether the claim is brought under federal or state law. I would have to determine whether the matter involves the simultaneous representation of multiple defendants, and the legal implications that might arise from such representation should a conflict become evident throughout the course of the matter. Additionally, I would have to consider that one attorney, or the City Attorney's Office, may not be able to represent all defendants, or that the issue(s) or matter(s) is of such great importance or implication upon the City, that it would be necessary to acquire independent counsel with subject matter expertise. In order to manage the costs effectively, I would make certain that the City receive a reduced governmental rate for the legal representation, and would continue to monitor the expenditures of outside counsel to ensure that the legal work does not delve into unnecessary or inapplicable matters. Equally important, I would have the legal work supplemented with an attorney(s) from within the City (§ bakertilly PAGE 5 2020CI THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION THIS DOCUMENT OR ANY PORTIONS Of THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT Of BAKER TILLY US, LLP CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT -CITY ATTORNEY Attorney's Office, which would further facilitate their learning of, and understanding the subject matter at issue, while simultaneously minimizing outside legal counsel costs. 9. Describe a professional accomplishment which you consider to be innovative, creative and forward-thinking. I have been fortunate to have several achievements throughout my career. The most notable achievement would be the enactment of the City of Miami Beach's transient rental ordinances, which directly prohibits those persons from renting (daily, weekly, monthly rentals) in specified residential zoning districts throughout the City of Miami Beach. In conjunction with the enactment of these ordinances, I have drafted further legislation that was adopted by the Mayor and City Commissioners, which established detailed regulatory requirements that must be complied with before a property owner has the legal authority to advertise their property for transient rental. This legislation has thrust the City of Miami Beach in the forefront of the home-sharing debate and legal controversy, and its opposition to those web-based host platform operators (e.g., Airbnb or HomeAway). In response to the enactment of this legislation by the Mayor and City Commission, Airbnb initiated federal litigation against the City. Subsequently, after the City filed its motion to dismiss, Airbnb, recognizing that they were going to unequivocally lose the federal lawsuit against the City, agreed to pay $380,000 to the City for its attorney fees expended in defense of their frivolous federal lawsuit. Furthermore, Airbnb agreed to comply with the requirements set forth in the ordinance, which mandates the display of the resort tax account and business tax receipt numbers for each individual listing by their respective hosts within those permitted areas in Miami Beach, and are further prohibited from displaying any listing that does not have these numbers. Describe your approach to employee development, performance evaluation and succession 1 O. planning within the City Attorney's Office. I believe that routine interaction and evaluation of employees within the Department to be absolutely essential and necessary to support compensation, promotion and retention decisions as well as to ascertain how the employee(s) are performing with respect to the goals and needs of the City and the City Attorney's Office. In recognizing the limitations of, and effectiveness of the traditional review process, I consider deficit-oriented performance reviews that emphasize what an employee is not doing well to be counterproductive, generating employee dissatisfaction and lower organizational performance. It just makes sense that the negative dialogue of a review that highlights mistakes and shortcomings is not especially motivating. Alternatively, I focus upon a process that identifies an employee's strengths and encourages collaboration among the other members of the City Attorney's Office, which would certainly include other supervisors and subordinates. I have embraced a more positive, prospectively directed system that can validate what is going well and develop future performance goals that build upon previous (j; bakertilly PAGE 6 2020(9 THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOTTO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US. LLP CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT-CITY ATTORNEY ~------------------------------------------ success, balancing the effects of any negative feedback and supporting individual employee engagement. I've recognized that it's most important not to think of performance reviews as the delivery of information by a superior to a subordinate, but to reimagine the process as a dialogue intended to share information about the work and workplace and co-create a plan which facilitates ongoing growth, development and information sharing that accomplishes the goals of the governmental organization. In that regard, I feel that it's my responsibility to ensure that the City Attorney's Office employees develop their absolute potential best within the Office. There are several important factors that I consider essential for members of my team. Specifically, it's important that there is the delegation of responsibility to the individual team member, rather than fixing a problem before or after it has arisen. I feel that development opportunities must be shared with members of the City Attorney's Office, and suggesting that some take the opportunity to attend appropriate legal seminars to further develop their skills in the legal field. Although training programs are appropriate for different legal areas, certain types of training are particularly important for individuals willing to work hard to improve their career opportunities. These include training opportunities in areas such as leadership, management, negotiation, and other areas likely to be useful to the City and the City Attorney's Office. What steps have you taken in your organization to build a culture that fosters teamwork, 11 · communication, and an appreciation for diversity? I have strived to establish a clear teamwork approach between different attorneys and staff in order to have this concept become of true value within the City Attorney's Office culture. Regrettably, the legal profession has fostered a culture and reputation where employees are compensated and celebrated for their individual performance and contributions, which does not, and cannot, encourage a teamwork approach with handling legal matters. Therefore, it has instead fostered a sense of competition. I wholly recognize that encouraging a collaborative work environment takes more than just putting employees on teams or telling them to work together. This type of thinking starts directly with the City Attorney and must trickle down into everyday interactions with other City staff members. The fostering of a teamwork approach is part of creating a work culture that values collaboration, rather than encouraging competition. I believe that a culture of teamwork creates opportunities for employees to work together and use all available resources and skills to reach city-wide goals and objectives. With that said, my management style is fluid, and not wholly comprised of any one specific structure or format. I believe that a leader must have the capability to adapt to a broad-range of management styles, and implement those styles based upon the particular set of circumstances. I will encourage my employees to work collaboratively and professionally, and accomplish their respective responsibilities in a timely manner, knowing that my door is always open to discuss possible ideas, strategies and best approaches to resolving pending legal issues, matters or concerns. '-=--'-'---===-=----===--=-===-=--===__:__::_:_:::.:..:..:..:..:.:.========="---'--'===-=-====-----··- <iP bakertilly PAGE 7 2020© THIS DO CUM ENT IS COPYRIGHUD AND I$ CONSIDER ED PROPRIETARY INFORMAl ION THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOTTO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT-CITY ATTORNEY 12. Beyond the provision of Florida's sunshine statutes, what is the City Attorney's role to ensure openness and transparency in the operations and activities of the municipal organization? I believe that the City Attorney must ensure that there is continued compliance with Florida's Open Government law by instilling the free flow of information amongst the governmental entity and those private individuals that interact with the City. This would allow direct citizen input, review, and criticism of government action, and thereby increases the quality of the City's governmental operations and activities. It is essential that the City Attorney undertake an active role in preventing the municipal organization from failing to disclose or prevent the release of clear public information, when such efforts serve to unequivocally permit continued transparency that enables stronger, more appropriate relationships with the general public by allowing for more accurate verification of the City's compliance with the law and how it conducts its governmental business. Ultimately, the City Attorney must be a proponent of disclosing the business operations and activities of the City, transparency produces an informed public, a responsive government, and as a result, the City's residents believe that its government has its citizens best interests. 13. Tell us about the feedback you have received from peers, supervisors, and subordinates with whom you work regarding your strengths as a professional leader and manager. The feedback that I have received has been that I am an outstanding attorney, who is well versed in a multitude of legal areas of Florida law, including land use and zoning, contractual agreements, civil and criminal litigation, public records and sunshine law, employment law and general government operations. Furthermore, they have said that I am an exceptional legal professional, who provides clear and concise legal responses in a timely and effective manner, and that I have provided exceptional legal advice to the elected officials and the City Manager and City staff during difficult (and not so difficult) circumstances, and that any governmental entity would be fortunate to be gaining an incredible City Attorney to guide the Mayor and City Councilmembers through all their legal matters. Additionally, I have been told that some of my other strengths are the ability to listen first, seek the appropriate input from those people who have essential facts and information, and consistently present legal options/opinions for consideration by the Mayor and City Commissioners or City Manager, based upon a thorough analysis of all aspects surrounding a potential controversial or non- controversial legal issue. 14. Describe the feedback you have received from peers, supervisors, and subordinates with whom you work regarding areas where you need improvement. I have been informed that at times, I have taken on too many legal tasks or matters, and that I should rely more upon my staff to handle some of the items that involve the legal representation of the City. I have diligently worked on acknowledging that my staff can handle such legal matters, and that as <G bakertilly PAGE 8 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE RO PRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT -CITY ATTORNEY their supervising attorney, I am responsible for making certain that the legal work is accomplished expeditiously. 15. Describe any other areas of expertise or experiences that are relevant to this position that have not been addressed in previous questions. I have nearly twenty (20) years of experience in advising four (4) different governmental entities on their operations, regulatory compliance, policies, procedures, financing and administrative guidance on various government business practices, including legal management of regulatory departments, principles of civil, constitutional and administrative law, preparation of resolutions and ordinances, liaison with corporate vendors, contractors, citizens and external agencies on sensitive and controversial issues, and formation of cost-effective and goal-oriented legal compliance with emerging legal matters or issues (contractual and statutory). In those legal positions, I've focused upon being a governmental counsel that has had extensive experience advising elected officials, government administration and departments and the Office of the Inspector General on all aspects of governmental compliance and investigation of civil or criminal matters, litigation (commercial, land use, construction, tort and appellate), sovereign immunity, employee relations, legislative process and procedure, contract formation and drafting, governmental procurement and purchasing, and various aspects of public/private development agreements, including modifications, operability studies and fiscal challenges. Furthermore, in connection with these governmental entities day-to-day business operations, I've gained exceptional knowledge by working and interacting with various vendors, contractors, and federal and state entities and officials (including lobbying before the Florida Legislature and the Federal government). (ii bakertilly PAGE 9 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOTTO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP CANDIDATE 2 – MICHAEL FUINO Michael Fuino 121 Shoals Circle North Redington Beach, FL 33708 michael.fuino@gmail.com (727) 412-5879 July 14, 2021 RE: City Attorney Position Council members: Local government law is both difficult and nuanced. I know this well because it is something that I have dedicated my career to as a Senior Assistant City Attorney with the City of Clearwater. I am also a seasoned manager who is comfortable working 80-hour work weeks that has a genuine love for our City. I therefore believe that I am the ideal candidate to succeed my boss, Pam Akin, as the next City Attorney. First, I have acted as the lead attorney for nearly all of the City’s departments including the Community Redevelopment Agency; the Official Records and Legislative Services Department; the Planning and Development Department; the Solid Waste/Recycling Department; the Marine and Aviation Department; the Risk Management Division; the Parking Division; and the Stormwater Division. Moreover, I have tried over 50 civil trials and argued over 30 appellate proceedings. I have also managed successful legal teams. In short, I know local government law, my way around a courtroom, and how to get the best out of other people. Second, I have a deep commitment to public service. For instance, I once worked in tandem with the Federal Public Defender for the Middle District of Florida to complete a pro bono clemency petition on behalf of an indigent inmate. Working on this case forced me to confront the role a true advocate takes in a client’s life. And the reality is that clients lean on their attorneys to offer counsel in times of need. This is how I practice law. Above all else, our City is a part of my personal history. I competed against Clearwater Central Catholic when I played football in high school. My children were all born at Morton Plant Hospital. And I left the only other legal job I ever knew to come represent the City under Ms. Akin’s tutelage. Therefore, I believe that I am tailor-made for this position and that this position is tailor- made for me. Thank you for considering me for this wonderful opportunity. Sincerely, Michael Fuino MICHAEL FUINO, Esq. 121 Shoals Circle North Redington Beach, FL 33708 michael.fuino@gmail.com (727) 412-5879 OBJECTIVE: To obtain a full-time position in public service as the City Attorney for the City of Clearwater. SKILLS SUMMARY: Accomplished government, appellate, and trial attorney with over a decade of experience in local government law, civil litigation, real property law, land use, contracts, and transactional work. Working independently, I have conducted both trial and post-trial litigation, and have been represented clients in transactional dealings. I have worked on many unique and difficult legal issues and have tried complex litigation cases. I have the following experience which makes me uniquely qualified for this position: • I have represented the City of Clearwater in contested matters before the State of Florida Department of Administrative Hearings, and in state court proceedings at the trial and appellate levels. • Between April 2018 and May 2021, I prepared all ordinances affecting land use, zoning, and growth management in the City of Clearwater. This includes annexation ordinances, ordinances affecting the City's zoning atlas, and ordinances affecting the City's future land use map. Additionally, I have prepared comprehensive ordinances which amended the City's code enforcement procedures and the City's unsafe building code. • As the attorney for the Clearwater Community Redevelopment Agency, I have prepared regulations for the Agency's trustees and the Agency's executive director which comport with Part III, Chapter 163, Florida Statutes and Chapter 189, Florida Statutes. Additionally, I have negotiated and drafted real property development agreements for the Agency, and have advised the Agency’s trustees and its directors on various legal matters. • On a monthly basis for the better part of three years I represented the City of Clearwater before two administrative boards: the Community Development Board, which is charged with implementing the City's land development code and granting development approval, and the Municipal Code Enforcement Board, which is charged with carrying out the statutory duties found in The Local Government Enforcement Boards Act, Part I, Chapter 162, Florida Statutes. Additionally, I have represented the City before The Building/Flood Board of Adjustment and Appeals, which has the power to hear appeals from the Building Official's decisions related to unsafe buildings, structures, and service systems. •While in private practice, I successfully prosecuted claims municipal codeenforcement lien claims for Hillsborough County and the City of St. Petersburg. •I am a veteran of over 50 civil trials. As the lead defense attorney, I have won several lawsuit dismissals for my clients, including a dismissal of a claim with prejudice after full day trials in Bayview Loan Servicing, LLC v. Finkelman, et al., Case No. 11-9527-CI (Fla. 6th Jud. 2017), Lakeview Loan Servicing, LLC v. Massaro, et al., Case No. 16-462-CI (Fla. 6th Jud. 2017), Nationstar Mortgage, LLC v. Weidner, et al., Case No. 14-717-CI-19 (Fla. 6th Jud. Cir. 2016), and Bank of America, N.A. v. Farmer, et al., Case No. 2010- CA-16601 (Fla. 13th Jud. Cir. 2015); and a dismissal of a claim without prejudice after a full day trial in Wells Fargo Bank, N.A. v. Griffin, et al., Case No. 10-9347-CI-33 (Fla. 6th Jud. Cir. 2014). •As my prior firm’s head appellate attorney, I have drafted and argued over 30 appellate briefs and original proceedings, including petitions for writs of prohibition, mandamus, and certiorari. Acting as the lead appellate attorney, I successfully briefed and argued the cases of Ali v. Wells Fargo Bank, 264 So. 3d 1096 (Fla. 5th DCA 2019); Cagwin v. Thifty Rents, Inc., 219 So. 3d 1003 (Fla. 2d DCA 2017); Xhelaj v. McCormick, 219 So. 3d 989 (Fla. 2d DCA 2017); Wilmington Savings Fund Society, FSB v. Bridges, 2017 WL 542000 (Fla. 2d DCA 2017); Buckley v. JPMorgan Chase Bank, N.A., 200 So. 3d 1297 (Fla. 2d DCA 2016); Bank of New York Mellon v. Jacobs, 185 So.3d 1240 (Fla.2d DCA 2016); and Wells Fargo Bank, N.A. v. Griffin, 175 So. 3d 298 (Fla. 2d DCA 2015). I have also appeared before appellate courts for oral arguments over ten times. •I was responsible for managing an office staff of five that includes one attorney, two paralegals, and two office assistants at my prior firm. I mentored and advised thejunior lawyer on trial and appellate litigation strategy and oversaw the day-to-day preparation and assignments for the paralegals and office assistants. I also believe the following additional skills make me an ideal candidate for the position: •I am a proficient and experienced legal writer. I authored a law review article titled Foreclosing in a Hurricane: Florida Courts Struggle to Deal With a Crisis of Epic Proportions published in the Stetson Law Review at 41 Stetson L. Rev. 679, 681 (2012). This article was considered so influential that Florida’s First District Court of Appeal cited it as an authority in Wells Fargo Bank, N.A. v. Bohatka, 112 So. 3d 596 (Fla. 1st DCA 2013) and the article was also discussed during the Northern District of California 2014 Judicial Conference. •I completed a pro bono initiative helping the Federal Public Defender for the Middle District of Florida seek clemency for a federal prisoner. This experience was both personally rewarding and allowed me to enhance my knowledge of federal criminal law in general and the Federal Sentencing Guidelines in particular. •I am a tireless worker who routinely clocked 80-hour work weeks while in private practice. EMPLOYMENT HISTORY I.Attorney Positions City of Clearwater Senior Assistant City Attorney April 2018 – Current, Full Time Employment •Current or former lead attorney to the directors and managers of the ClearwaterCommunity Redevelopment Agency; the Official Records and Legislative Services Department; the Planning and Development Department; the Solid Waste/Recycling Department; the Marine and Aviation Department; the Risk Management Division; the Parking Division; and the Stormwater Division. •Provide legal advice and opinions to the above-referenced City departments andspecial districts, and directly to the City Council. Official legal opinions are dispensed in writing, and informal advice may be given either orally or in writing. Concomitant with this responsibility is the duty to research the law, so legal research of relevant local, State, and Federal law is required. •Prepare for and represent the City and its Departments before various administrativebodies, including the Clearwater Municipal Code Enforcement Board, the Clearwater Community Development Board, and the State of Florida Division of Administrative Hearings. •Prepare for and represent the City in state and federal court. •Draft and negotiate contracts for the sale and purchase of real property, as well as the sale and purchase of goods and services. •Draft, review, and present ordinances and resolutions to City Council for Council'sconsideration. •Responsible for managing a legal assistant. Weidner Law, P.A. Senior Associate Attorney September 2010 – April 2018, Full Time Employment •Appointed special assistant county attorney and special assistant city attorney, and prosecuted code enforcement lien foreclosures for Hillsborough County and the City of St. Petersburg. •Civil litigation trial attorney who has tried over 50 civil trials as the lead lawyer and argued several hundred dispositive motion hearings. •Firm’s head appellate attorney responsible for drafting over 30 appellate briefs and original petitions, and experienced conducting oral arguments. •Managed staff of five. II.Non-Attorney Legal Positions Weidner Law, P.A. Law Clerk January 2010 – September 2010 •Researched and drafted numerous pleadings, motions, and memorandums filed in civil court. •Drafted a variety of wills, contracts, and corporate documents. Eleventh Judicial Circuit, State of Florida Judicial Law Clerk August 2009 – November 2009 •Conducted legal research and drafted orders and judgments for the Honorable Robert N. Scola, former Circuit Court Judge for the Eleventh Judicial Circuit in and for Miami-Dade County and current judge for the United States Southern District of Florida. The Pinkert Law Firm, P.A. Law Clerk March 2009 – August 2009 •Drafted pleadings and motions for insurance defense lawsuits. •Conducted initial and supplemental discovery including, but not limited to: affidavit drafting; document production; and request for production motions. Jet Card Plus, Inc. Law Clerk September 2008-February 2009 •Drafted pleadings and motions on behalf of company filed in State and Federal courts. •Involvement with the corporate aspect of the business, including review of contracts and partnership/brokerage agreements. Global Market Consultants, Inc. Legal Analyst May 2008-August 2008 •Performed a Federal and State regulatory analysis of the Direct Exchange Geothermal Heat Pump market utilizing secondary research from Federal and State Administrative Codes. III.Non-Legal Positions Click to Protect, LLC Project Manager May 2007-May 2008 •Drafted business plan for computer peripheral start-up company. •Head of sales marketing team. Citigroup, Inc. Reporting and Licensing Analyst October 2003-August 2004 •Researched and drafted annual licensing exams for CitiFinancial, Inc. •Produced monthly, quarterly, and annual financial statements for CitiFinancial business units and individual branches. •Wrote, tested, and implemented all written procedures used by Reporting and Licensing staff. COMPUTER SKILLS I am proficient in Microsoft Word, Excel, PowerPoint, Access, and Outlook, as well as Adernant Total Office, the legal software used by the City of Clearwater’s legal department. EDUCATION Juris Doctor – Certification in Business and Financial Law, University of Miami, 2010 Bachelor of Science – Economics, Villanova University, 2007, cum laude Bachelor of Science – Business Administration, Villanova University, 2007, cum laude CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 1 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP Candidate Questionnaire Name Michael Fuino Email michael.fuino@gmail.com Primary Phone (727) 412-5879 Secondary Phone (727) 562-4017 Mailing Address 121 Shoals Circle, North Redington Beach, FL 33708 Education Juris Doctor – Certification in Business and Financial Law, University of Miami, 2010 Bachelor of Science – Economics, Villanova University, 2007, cum laude Bachelor of Science – Business Administration, Villanova University, 2007, cum laude Florida Bar License Number Click or tap here to enter text. Current (Most Recent) Position Previous Position Previous Position Title Senior Assistant City Attorney Senior Associate Click or tap here to enter text. Dates of Employment April 2018-Present September 2010-April 2018 Click or tap here to enter text. Organization The City of Clearwater Weidner Law, P.A. Click or tap here to enter text. Jurisdiction Population 115,000 1 million Click or tap here to enter text. Reports To (Title) Pam Akin, City Attorney Matt Weidner, Managing Partner Click or tap here to enter text. Department Staff Six full-time attorneys Five full-time support staff One part-time support staff 3 full-time attorneys 3 full-time support staff 1 part-time support staff Click or tap here to enter text. Department Budget $1,826,000.00 N/A – private law firm Click or tap here to enter text. Instructions: The purpose of this questionnaire is to provide us with additional information about you as a candidate and to gather examples of professional work that illustrate your background and experience. This information will be shared with hiring officials and others involved in making decisions about candidates selected to move forward in the selection process. Please respond to each of the following questions by providing pertinent information. Some questions ask you to provide examples; please be sure to describe your direct level of involvement in the project or initiative. Please be succinct – limit your responses to 300 words. 1. Why are you interested in this specific position at this specific time? I am a Senior Assistant City Attorney with the City, a position I took after spending almost a decade in private practice because I wanted to work in public interest law. After spending the past three years in this position under the tutelage of the City’s longstanding City Attorney I feel that I have the understanding and the ability to be Ms. Akin’s successor. But most importantly, I have the desire to be the next City Attorney. I love this City and its legal department, and I believe my unique blend of legal skills and leadership potential will ensure that both the organization and the department continue to grow. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 2 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 2. Describe your current scope of responsibilities and explain how these responsibilities prepare you to take on the leadership and management responsibilities of the City Attorney position. I am the current or former lead attorney to the directors and managers of the Clearwater Community Redevelopment Agency; the Official Records and Legislative Services Department; the Planning and Development Department; the Solid Waste/Recycling Department; the Marine and Aviation Department; the Customer Service Department; the Risk Management Division; the Parking Division; and the Stormwater Division. In those capacities, I have given legal advice to the department directors as well as the City Council. So, I have an innate understanding of the City’s legal needs and I know how to communicate answers to those needs to the City’s decisionmakers. Additionally, I know each member of the City’s legal department personally. This will allow me to effectively manage each member based on the member’s strengths and weaknesses. 3. How is your current organization governed? If your experience includes employment with both public and private sector organizations, what do you see as the factors that differentiate working as a public sector attorney, versus for a law firm in the private sector providing legal services to local governments on a contractual basis? If you have worked for a private firm in that capacity, describe how your responsibilities might be different from and/or similar to a full-time attorney employed by local government. The City is a council-manager form of government, with the City Attorney directly responsible to the City Council. I have previously worked in a private firm that provided legal services to local governments on a contractual basis. In both public and private practice, the responsibility to deliver stellar legal advice to clients is the same. So too is the pressure to do good work. The main difference between the two is that private practice is ultimately a commercial exercise; therefore, if the local government practice does not make the firm money, then the practice does not last long. There is no corresponding pressure as a public sector attorney, which is one of the reasons why I enjoy practicing law as one. 4. What has been your role in working with members of a governing body, collectively and individually? What steps do you take to support the governing body’s policy-making activities? I have worked directly with the Clearwater City Council on many occasions over the past three years. This includes providing my legal advice and recommendations on such things as ordinance adoption, litigation strategies, and rules governing the Clearwater Community Redevelopment Agency. While the City Attorney’s Office is not a policy-formation department, our task is two-fold. First, we must take Council’s policy directive and ensure that it is something which is legally permissible on its face. Second, and assuming that the policy is legally permissible on its face, we must guide the Council and the City’s staff through the legal ramifications of the policy, and make sure that the final policy decision is the most legally defensible one that still delivers on the Council’s original policy decision. 5. Please describe any direct experience you have had in the following areas: a) land use/planning and zoning/annexation: b) economic development, development agreements and incentives: c) civil/criminal litigation: d) contract law: e) employment law: f) open records: g) intergovernmental relations/lobbying: h) constitutional law: i) public finance and debt issuance: a) land use/planning and zoning/annexation: CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 3 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP Between April 2018 and May 2021, I was the lead attorney for the City’s Planning and Development Department and was responsible for all legal matters affecting land use, zoning, and growth management in the City. b) economic development, development agreements and incentives: As the lead attorney for the Clearwater Community Redevelopment Agency, I have negotiated and drafted several development and incentive agreements for the purchase and development of real property owned by the CRA. Additionally, I have advised the City on several hotel density development agreements approved by Council, including one that was challenged in court. I represented the City in that litigation, successfully defending the actions that were brought against it. c) civil/criminal litigation: I represent the City as the lead attorney in nearly all litigation that it prosecutes or defends which totals approximately 40 cases that include negligence actions, wrongful arrest actions, and real property ownership disputes. Additionally, I tried over 50 civil cases to judgment and argued over 30 civil appeals while I was in private practice. d) contract law: I have negotiated, drafted, and reviewed numerous contracts for both the City and private clients. e) employment law: I represent the City as the lead attorney in a wrongful termination action currently pending in the Sixth Judicial Circuit. f) open records: I routinely advise the Official Records and Legislative Services Department on the City’s legal obligations under both Florida’s Public Records Act and its Sunshine Law. g) constitutional law: I successfully represented the City against a code violator claiming a Fourth Amendment violation before the Municipal Code Enforcement Board, as well as the violator’s appeal to the Sixth Judicial Circuit’s Appellate Division and the Second District Court of Appeal. Additionally, I routinely advised the Planning Department on First Amendment issues related to signage. h) public finance and debt issuance: The development and incentive agreements previously mentioned all involved some level of public financing, including Low Income Tax Credits offered by the Florida Housing Finance Corporation; Penny IV funds offered by Pinellas County; and Community Development Block Grants offered by the City. 6. How would you manage the role of the City Attorney as the chief legal advisor to City Council with the corollary obligation to provide legal advice and work collaboratively with the City Manager and key staff? If a conflict of interest arose, how would you resolve it? CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 4 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP It is imperative that the Attorney’s advice to the Council mirror the Attorney’s advice to the Manager and key staff. In other words, I would never say something to a staff member in private that I would not say to a councilmember in public. Theoretically, at least, this should avoid conflicts of interest. However, should a conflict arise, the issue should be brought to the Council’s attention at a public meeting so that it can be resolved by a public vote. 7. If the City Council, City Manager or a department director were to disregard your legal advice or opinion on a matter, how would you approach resolution? A maxim of the law is that the lawyer provides the advice, but the client ultimately decides the goal. I was trained in this philosophy from the minute I started practicing law and it is ingrained in me. Therefore, if a client – whether it is the Council, the Manager, or a department director – were to reject my advice, I ultimately must accept it. However, I would clearly document my advice so the client understands the potential risks that I see, and I would then move forward with helping the client achieve its goal in the most legally defensible manner. 8. What is your approach to deciding when you advise the City Council to bring in outside legal counsel? In that event, how do you manage the cost most effectively? The objective of the City Attorney’s Office is to provide timely, cost-efficient, quality services and advice to support the City Council, the City Manager, and the City departments, boards and agencies. To achieve this objective, it is important that the City Attorney attract and retain quality lawyers who can handle all aspects of the law. Therefore, I would only advise the Council to bring in an outside law firm if the scope of the project is so unique that none of the attorneys in the Office can handle it. To keep outside counsel costs down, I would make sure that any retainer agreement goes no higher than the local prevailing rates and includes a “not-to-exceed” amount which I believe adequately reflects the highest possible cost of the project. 9. Describe a professional accomplishment which you consider to be innovative, creative and forward-thinking. I helped my former firm create and operate a local government practice focused on foreclosing municipal code enforcement liens. At the time, very few of these actions were filed around the State. This practice is now so successful that several jurisdictions, including the City, have adopted it to remedy blighted properties and collect on code enforcement fines due and owing to the government. 10. Describe your approach to employee development, performance evaluation and succession planning within the City Attorney’s Office. I would first continue Ms. Akin’s tradition of weekly meeting with her attorneys and larger monthly staff meetings. I also believe in formal yearly employee performance appraisals that allow feedback to the staff based on a set criterion. Finally, succession planning would be integral to my management style because I believe that the organization always outlasts the person. I would therefore look to actively recruit, train, and retain attorneys that desire to ultimately become city attorneys. 11. What steps have you taken in your organization to build a culture that fosters teamwork, communication, and an appreciation for diversity? Taking the time to learn about my colleagues on a personal level has always been important to me. Therefore, I have spoken with my clients and co-workers about issues that are not just work-related to let them know that I care. In doing so, I believe that I have fostered an environment where they feel comfortable communicating with me, enjoy working with me, and want to see the organization succeed for both of our benefits. I also suffer from a hearing loss in both ears. I freely speak with co-workers about my disability and believe that this fosters an appreciation for diversity. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 5 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 12. Beyond the provision of Florida’s sunshine statutes, what is the City Attorney’s role to ensure openness and transparency in the operations and activities of the municipal organization? An accessible and transparent government is one goal of a functioning democracy. For that reason, transparency increases public trust which gives government a mandate to do the people’s will. Therefore, I believe that it is the City Attorney’s duty to provide a measure of openness to the public. However, the City Attorney is not the people’s attorney. For instance, the Attorney does not provide legal advice to the public and does advocate for any member of the public. Therefore, a tension does exist between the need for transparency for public trust reasons and secrecy for client disclosure purposes. I have walked this line in the past where I clearly explained to members of the public what I intended to do and why, without betraying my client’s communications to me. 13. Tell us about the feedback you have received from peers, supervisors, and subordinates with whom you work regarding your strengths as a professional leader and manager. First, colleagues have remarked on my decisiveness after an analysis of a situation. Second, colleagues have remarked on my clarity of communication when offering instructions, feedback, or questions. 14. Describe the feedback you have received from peers, supervisors, and subordinates with whom you work regarding areas where you need improvement. While in private practice I was known for my aggressiveness. While this is not to be confused with unprofessionalism, it was an area for improvement. Working under Ms. Akin has tempered some of these inclinations and so while I believe I still advocate as zealously as ever for my clients, I now do so on a more even-kneeled basis. 15. Describe any other areas of expertise or experiences that are relevant to this position that have not been addressed in previous questions. At my former firm, I managed an office staff of five. This included another attorney, two paralegals, and two office staff. This experience taught me how a law office should operate, and I believe that I can marry that private practice management experience with my experience as a Senior Assistant City Attorney. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP UNDER FLORIDA’S PUBLIC RECORDS ACT, INFORMATION FROM YOUR APPLICATION IS SUBJECT TO PUBLIC DISCLOSURE AT ANY POINT IN THE RECRUITMENT PROCESS. Name: Michael Fuino 1.What are your salary requirements? I am comfortable with the salary range offered. 2.If selected for the City Attorney position, what is the length of notice you must give to your current employerand when will you be available to start employment with the City of Clearwater, FL? None. 3.Have you been subject to any disciplinary actions, including suspension, probation, or demotion in your adultworking career through your employer, a professional association, or licensing agency? If so, please explain the circumstances. Yes No 4.Have you been dismissed, asked to resign, or accepted a mutual separation agreement and/or severance? If so, please explain the circumstances. Yes No 5.Is there anything about your professional or personal conduct that could be potentially embarrassing to afuture employer or could impair your ability to perform your work, if it were learned at a later time? If so,please explain the circumstances. Yes No 6.Have you ever been the subject of media reports, social media, YouTube and/or blogs in the communitieswhere you have been employed that make adverse statements about your work? (It is advisable andimportant that you disclose any issues and explain the situation at this time.) Yes No I understand that if reliable information arises contrary to my above responses I could be disqualified from further consideration. Signature Michael Fuino Date July 20, 2021 CANDIDATE 3 – ANDREW MAI June 11, 2021 Andrew W. Mai 5110 Appenine Loop West St Cloud, Florida 34771 Andrewwoodfordmai@gmail.com Re: Clearwater City Atorney To Whom it May Concern: Thank you for the opportunity to apply for this prestgious positon. . am confdent that you will fnd that my experience makes me more than qualifed for this positon. . was the County Atorney for Osceola County for the past nine years. Osceola County is a thriving community of 350, 000 people. Prior to working with Osceola County, . was City Atorney for the City of Sioux City, .owa. A community of 85,000 people. As County Atorney . managed a staf of six and oversaw all legal maters from dog bites to mult million dollar contracts. . have extensive experience managing outside counsel. . have given back to the municipal community as the former Florida Chair of the .nternatonal Municipal Atorneys Associatonn.MLA) and as a Board Member of the Florida Associaton of Countes. As City Atorney . managed a staf of six and oversaw all legal maters. Sioux City is the largest city in the tri state area of northwestern .owa and as such the positon was a high profle positon. . was frequently called upon to address the media on various issues. . was looked upon to help lead the community. . can handle any situaton that may arise. . am independent. . am level headed and able to work with anyone, even difcult people. . have been doing this for some tme and . enjoy the work. Clearwater is a beautful community. . hope to have the opportunity to contnue to help the community thrive. Thank you for your tme and consideraton. Sincerely, Andrew W. Mai ANDREW MAI A t t o r n e y PROFILE Almost twenty years experience with over thirteen years experience as the City or County Attorney. Always open to new challenges and ready to meet those challenges. CONTACT PHONE: 407-580-7532 EMAIL: Andrewwoodfordmai@gmail.com OUTREACH Board Member Florida Association of County Attorneys (FACA) Florida Chair International Municipal Attorneys Association(IMLA) HOBBIES Cycling Chess Hiking Poetry WORK EXPERIENCE Persson, Cohen & Mooney, P.A. 2021-present Represent communities throughout Florida. Including the Cities of Venice and Longboat Key. Special Counsel to the City of North Port Osceola County County Attorney 2011–2021 County attorney for a County with 350,000 residents Supervise a staf of six and outside counsel Advise the County Commission Responsible for all legal afairs Sioux City, Iowa City Attorney 2008–2011 City Attorney for a City with 80,000 residents Supervised a staf of six and outside counsel Advised the City Council Responsible for all legal afairs Weiss Serota Helfman Associate 2006–2008 Associate with a law frm that represented cities and counties in the South Florida area. Represented Miami Dade County, Homestead, Islamorada, Cutler Bay and many others. Drafted ordinances among other tasks. EDUCATION Georgetown Law Center 2000 - 2001 William Mitchell College of Law 1998 - 2000 CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 1 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP Candidate Questionnaire Name Andrew Mai Email andrewwoodfordmai@gmail.com Primary Phone 4075807532 Secondary Phone none Mailing Address 5110 Appenine Loop. West Education JD Florida Bar License Number 534501 Current (Most Recent) Position Previous Position Previous Position Title Attorney Osceola County, Florida Sioux City, Iowa Dates of Employment 2 21 to Current July 2011 until February 2021 February 2008 until June 2011 Organization Persson Cohen and Mooney County City Jurisdiction Population Law Firm 350,000 85,000 Reports To (Title) I work with the firm County Commission City Council Department Staff NA 6 6 Department Budget NA $2,500,000.00 1,500,000 (Approximately) Instructions: The purpose of this questionnaire is to provide us with additional information about you as a candidate and to gather examples of professional work that illustrate your background and experience. This information will be shared with hiring officials and others involved in making decisions about candidates selected to move forward in the selection process. Please respond to each of the following questions by providing pertinent information. Some questions ask you to provide examples; please be sure to describe your direct level of involvement in the project or initiative. Please be succinct – limit your responses to 300 words. 1. Why are you interested in this specific position at this specific time? The City of Clearwater is one of the premier Cities in Florida. I have been told it is a well run City with incredible people. I really enjoy the position I am in now but opportunities to work for such a City do not come along all the time. I would be a great challenge that I am sure I would enjoy. 2. Describe your current scope of responsibilities and explain how these responsibilities prepare you to take on the leadership and management responsibilities of the City Attorney position. As County Attorney and City Attorney of Communities of larger or comparable size I have the experience of managing staff. As County Attorney for a County with a budget of 1.5 Billion dollars, I was required to manage a staff of six and many outside counsel. I am more than capable of representing Clearwater in this regard. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 2 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 3. How is your current organization governed? If your experience includes employment with both public and private sector organizations, what do you see as the factors that differentiate working as a public sector attorney, versus for a law firm in the private sector providing legal services to local governments on a contractual basis? If you have worked for a private firm in that capacity, describe how your responsibilities might be different from and/or similar to a full-time attorney employed by local government. I have been fortunate enough to work as in house counsel and outside counsel for many cities throughout the State of Florida. In house counsel gives one the opportunity to be more incorporated with the staff. It allows for a more standard presence. Outside counsel allows for more perspective and allows for more varied experiences due to the fact that multiple clients provide changing scenarios. I have found them both to be enjoyable. 4. What has been your role in working with members of a governing body, collectively and individually? What steps do you take to support the governing body’s policy-making activities? I have always taken the approach of finding solutions and providing options to the decisionmakers and once those decisions have been made effectuating that policy in every way I can. I am the person that people come to when evaluating what to do and to determine what all the options are. I provide the options and providing the pros and cons to each option and discuss impacts and ramifications that I can see based upon my experience. 5. Please describe any direct experience you have had in the following areas: a)land use/planning and zoning/annexation: b)economic development, development agreements and incentives: c)civil/criminal litigation: d)contract law: e)employment law: f)open records: g)intergovernmental relations/lobbying: h)constitutional law: i)public finance and debt issuance: a)I have extensive experience in Land Use, as Osceola County is one of the fastest growing communities in the nation. I helped rewrite their Land Development Code. Recently, I represented the City of North Port, in a deannexation matter. b)Neo City is a technology development in Osceola County which I worked on for many years. I have personally worked on countless economic development agreements over the years. c)I am not a litigator but I have extensive experience both as a City Attorney and a County Attorney managing staff or outside counsel who handle our litigation. I am an active participant in the decision making process. d)I have reviewed revised and drafted thousands of contracts for the Cities and County I have represented. e)I have worked with human resources in both the Cities and Counties on employment issues f)I have reviewed and opined on countless open records matters over the 13 years I have been either City or County Attorney g)I have participated in lobbying trips to Washington and to the State Capital and I have met with Congressman and Senators. h)I have opined on countless constitutional issues including first amendment issues and helped redraft sign codes based upon those opinions. i)I have participated in several bond issuances including financing of poinciana parkway in Osceola County. 6. How would you manage the role of the City Attorney as the chief legal advisor to City Council with the corollary obligation to provide legal advice and work collaboratively with the City Manager and key staff? If a conflict of interest arose, how would you resolve it? CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 3 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP It would really depend on the circumstances. If necessary outside counsel could be obtained. The City Attorney really represents the City as an entity. In a practical sense the City Attorney provides advice to both the Council and City Manager. 7. If the City Council, City Manager or a department director were to disregard your legal advice or opinion on a matter, how would you approach resolution? I would provide the legal advice again. I would share all the options and the ramifications for each action. I would make sure everyone was aware of what was happening and the potential ramifications. 8. What is your approach to deciding when you advise the City Council to bring in outside legal counsel? In that event, how do you manage the cost most effectively? In many cases outside legal counsel is the most effective attorney to handle a legal matter. They may have unique expertise. The way you manage costs is providing clear direction to the outside counsel and hiring reputable firms. 9. Describe a professional accomplishment which you consider to be innovative, creative and forward-thinking. I was the first or one of the first entities in Florida to pursue litigation in relation to the opioid crisis. It was a groundbreaking position. With the support of my Board we were able to pursue the litigation at a very early stage and I continued to be an active participant in the litigation throughout the process. 10. Describe your approach to employee development, performance evaluation and succession planning within the City Attorney’s Office. I started an active internship program in Osceola County and then when someone left the County I would promote from within and hire from those former interns if possible. That way I would have people I know would do a great job. I have attorneys throughout the state who have worked in my office as an intern that I can continue to reach out to when I have a vacancy. Furthermore, I support Attorneys who wish to grow even if that means they might take a City Attorney position with another City. I think it is vitally important to help staff in my office to reach the highest potential they can. 11. What steps have you taken in your organization to build a culture that fosters teamwork, communication, and an appreciation for diversity? I have always had an open door policy. I meet with staff weekly as a group to go over what matters each of us are facing. It provides for us to help each other and reconnect. I encourage people to be who they are. I respect peoples personal needs and I am accommodating to peoples scheduling for personal issues. I have found this leads to better work product and a more cohesive office. 12. Beyond the provision of Florida’s sunshine statutes, what is the City Attorney’s role to ensure openness and transparency in the operations and activities of the municipal organization? Communication with the constituency is very important. I will take the calls of the constituency even if they are upset. I provide interviews to the press when necessary in order to make sure the public understands the issue. 13. Tell us about the feedback you have received from peers, supervisors, and subordinates with whom you work regarding your strengths as a professional leader and manager. I have been told that I am an unshakable leader. I have had the fortune to be on the Florida Association of Counties Board of Directors for several years. I was the Florida Chair for the International Municipal Attorneys Association. My staff has always respected me. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 4 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 14. Describe the feedback you have received from peers, supervisors, and subordinates with whom you work regarding areas where you need improvement. Some people prefer a more aggressive attorney or an attorney that makes the decisions for them. When asked to and as appropriate I can take an aggressive stance on an issue and be effective at it. 15. Describe any other areas of expertise or experiences that are relevant to this position that have not been addressed in previous questions. I will bring an outside perspective to the City. I have thirteen years experience as the City Attorney or County Attorney with communities of larger or comparable size. I have worked with Cities throughout the state including many coastal communities. I am very good at what I do and I work well with everyone. I would be a positive force for the City for some time to come if given the opportunity. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP UNDER FLORIDA’S PUBLIC RECORDS ACT, INFORMATION FROM YOUR APPLICATION IS SUBJECT TO PUBLIC DISCLOSURE AT ANY POINT IN THE RECRUITMENT PROCESS. Name: Andrew Mai 1.What are your salary requirements? 200,000 2.If selected for the City Attorney position, what is the length of notice you must give to your current employerand when will you be available to start employment with the City of Clearwater, FL? 30 days 3.Have you been subject to any disciplinary actions, including suspension, probation, or demotion in your adultworking career through your employer, a professional association, or licensing agency? If so, please explain the circumstances. Yes No 4.Have you been dismissed, asked to resign, or accepted a mutual separation agreement and/or severance? If so, please explain the circumstances. Yes No As County Attorney for Osceola County I wasdismissed without cause. No reason was given. 5.Is there anything about your professional or personal conduct that could be potentially embarrassing to afuture employer or could impair your ability to perform your work, if it were learned at a later time? If so,please explain the circumstances. Yes No 6.Have you ever been the subject of media reports, social media, YouTube and/or blogs in the communities where you have been employed that make adverse statements about your work? (It is advisable andimportant that you disclose any issues and explain the situation at this time.) Yes No I understand that if reliable information arises contrary to my above responses I could be disqualified from further consideration. Signature Andrew Mai Date July 19, 2021 CANDIDATE 4 – DAVID MARGOLIS DAVID H. MARGOLIS 1881 Turnberry Terrace Orlando, Florida, 32804 Cellular 407-927-2717 DavidMargolis@email.com EXPERIENCE City of Orlando, Orlando, Florida Chief Assistant City Attorney, 2019 – Present •Supervise a team of several in-house attorneys and paralegals•Advise senior managers and City leaders on high profile matters relating to the Orlando Police Department, including internal investigations and ethics law•Collaborate with risk management and outside counsel to ensure successful litigationoutcomes•Serve on the City’s collective bargaining team for police bargaining units•Presented “Hot Topics for the Municipal Attorney: Emergency Orders and COVID-19” to the Florida Municipal Attorneys Association (FMAA) in September 2020•Co-author of police promotional exam administered by the City of Orlando’s Civil ServiceBoard (2021 administration)•Author: “From Policing to Parenting,” Police Chief Magazine, published by theInternational Association of Chiefs of Police (July 2020 edition) – this article educates law enforcement executives regarding maternity laws in the workplace Orange County Clerk of the Circuit Court, Orlando, Florida General Counsel, 2016 – 2019 •Chief in-house counsel for a constitutional public office that employs nearly 500 people •Renegotiated outside counsel retainers, creating significant cost savings for taxpayers•Graduate of Leadership Orlando, Class 95•Successfully presented Orange County v. Singh, et al, 268 So.3d 668 (Fla. 2019) as amicus•Served as primary liaison with the judiciary, legislative delegation, and other partners•Reviewed all requests for proposal (RFP’s) and negotiate contracts with vendors •Provided legal guidance to Human Resources regarding employment law decisions andinternal investigations•Collaborated with other constitutional officers to advance the Clerks’ legislative priorities City of Hollywood, Hollywood, Florida Public Safety Legal Advisor (Senior Assistant City Attorney), 2015 – 2016 •Served as in-house counsel for both the Police Department and Fire Department (combinedbudget of $123 million)•Advised command staff on a wide range of issues, including ordinance violations, civil forfeiture, labor and employment law, contracts, and public records •Directly supervised a paralegal and three court liaisons•Oversaw outside counsel in several high profile employment and tort cases•Drafted and negotiated interlocal agreements with other government entities andpublic- private partnerships Florida Department of Law Enforcement, Orlando, Florida Regional Legal Advisor (Assistant General Counsel), 2011 – 2015 • Provided legal guidance regarding complex and often politically sensitive investigations • Represented FDLE in several high profile cases, including State v. George Zimmerman • Conducted training forensic experts on courtroom testimony • Recipient of FDLE’s annual “Contribution to Criminal Justice” award in 2015 • Presented an advanced civil forfeiture CLE for the Florida Association of Police Attorneys (FAPA): October, 2014 – topics included Bank Secrecy Act and jurisdiction of the courts • Special Counsel for the Department of Legal Affairs in a $100 million money laundering case perpetrated by Allied Veterans of the World • Submitted an amicus brief to the Massachusetts Supreme Court in Commonwealth v. Leon Gelfgatt, 11 N.E.3d 605 (Mass. 2014)(a case in which a lawyer was charged with fraud but refused to decrypt his encrypted devices for law enforcement to review) Seminole State College, Sanford, Florida Adjunct Professor, 2010 – 2015 • Taught several semesters of “Business Law” and “The Legal and Ethical Environment of Business” • Highest rated professor in the Legal Studies Department State of Florida, Orlando, Florida Assistant State Attorney, 2008 – 2011 • Received the "Champion of Justice" award: November 2011 • Mothers Against Drunk Driving (MADD) Top Prosecutor of the Year: October 2011 • Tried more than two dozen cases to verdict as First Chair • Negotiated pleas and settlements in hundreds of cases • Litigated more than thirty appellate cases, including petitions for extraordinary writs EDUCATION J.D., 2008 University of Miami School of Law, Coral Gables, Florida • Graduated Cum Laude • Inter-American Law Review, Associate Editor • Dean's Certificate of Achievement (book award): Constitutional Law • Dean's Fellow (teaching assistant): Torts (2007) and Criminal Procedure (2008) • Honors in Litigation (highest grade in class): Trial Skills • Merit Scholarship Recipient B.S., Legal Studies, 2005 University of Central Florida, Orlando, Florida • GPA: 3.79 • Thesis Honors: "The Constitutionality of Electronic Surveillance in the USA Patriot Act" • Phi Kappa Phi National Honor Society (Top 10% of senior class) CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 1 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP Candidate Questionnaire Name David Margolis Email DavidMargolis@email.com Primary Phone 407-927-2717 Secondary Phone Click or tap here to enter text. Mailing Address 1881 Turnberry Terrace, Orlando, Florida, 32804 Education Juris Doctor – University of Miami, 2008 Florida Bar License Number 56293 Current (Most Recent) Position Previous Position Previous Position Title Chief Assistant City Attorney General Counsel Public Safety Legal Advisor Dates of Employment March 2019 - Present November 2016 – March 2019 (then extended to June 2019 through contract) October 2015 – November 2016 Organization City of Orlando Orange County Clerk of Court City of Hollywood Jurisdiction Population 290,000 1.39 million 155,000 Reports To (Title) City Attorney Clerk of Court and Chief Administrative Officer City Attorney Department Staff I directly supervise seven (7) FTE’s.Five (5) including contract attorneys (outside counsel) I directly supervised four (4) support staff. Department Budget $5.7 million (City Attorney’s Office total) Encompassed within administrative services Approximately $3 million (City Attorney’s Office total) Instructions: The purpose of this questionnaire is to provide us with additional information about you as a candidate and to gather examples of professional work that illustrate your background and experience. This information will be shared with hiring officials and others involved in making decisions about candidates selected to move forward in the selection process. Please respond to each of the following questions by providing pertinent information. Some questions ask you to provide examples; please be sure to describe your direct level of involvement in the project or initiative. Please be succinct – limit your responses to 300 words. 1. Why are you interested in this specific position at this specific time? The City of Clearwater is poised for extraordinary accomplishments in the years ahead. Between Imagine Clearwater, Clearwater 2045, and transportation initiatives supported by Advantage Pinellas, the City of Clearwater is becoming a uniquely beautiful and vibrant community, in alignment with the City’s vision statement. I hope to participate in Clearwater’s renaissance and bring Council’s vision to life. In addition, I have always admired Clearwater’s commitment to financial stewardship, as evinced by the City’s well-funded pension plans and AAA bond rating (Fitch). Finally, I am very excited by the opportunity to partner with a new City Manager, and build a lasting relationship as we serve our elected officials together. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 2 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 2. Describe your current scope of responsibilities and explain how these responsibilities prepare you to take on the leadership and management responsibilities of the City Attorney position. At the City of Orlando, I am solely responsible for leading a multi-generational team consisting of four (4) paralegals and four (4) lawyers. Although I serve at the pleasure of the City Attorney, my team operates offsite and with a high degree of independence. Because I supervise the public safety legal team, I participate in key decisions involving high profile topics affecting employees, unions, the public, and other governmental stakeholders. Due to the nature of public safety, these decisions often involve high political stakes or require immediate resolution. In addition, I work closely with outside counsel and insource as many functions as possible to control our costs. The City of Clearwater’s prudent fiscal philosophy aligns with my own desire to manage our expenditures in a responsible way. 3. How is your current organization governed? If your experience includes employment with both public and private sector organizations, what do you see as the factors that differentiate working as a public sector attorney, versus for a law firm in the private sector providing legal services to local governments on a contractual basis? If you have worked for a private firm in that capacity, describe how your responsibilities might be different from and/or similar to a full-time attorney employed by local government. The City of Orlando is governed by a seven-member Council. The City Attorney is nominated by the Mayor and confirmed by Council. As Chief Assistant City Attorney, I was nominated by the City Attorney and confirmed by the Mayor. Having been confirmed by the Mayor, I serve at the pleasure of the City Attorney. As to private sector versus public service, I believe that local government is best served by full-time, in-house counsel. Local government is responsible for a wide range of decisions that affect the lives and liberty of residents, the success of businesses, the experience of visitors, and the rights of property owners. By serving in a full-time, dedicated legal capacity, the City Attorney becomes fully immersed in City operations, and (s)he can build relationships with City staff through daily or weekly interaction. This level of immersion is difficult to replicate in the private sector, where a lawyer’s attention is divided among several clients. In-house counsel often proves cost effective as well. The private sector, at least in the legal profession, is driven by billable hours. The pressure to bill additional hours often runs counter to the taxpayer’s desire to minimize costs. Unpredictable billable hours also create challenges for governmental budgeting. There will always be a role for outside counsel in government. For example, it may be more cost effective to hire outside counsel for a particular case rather than adding a permanent lawyer to the in-house team. There will also be situations in law, similar to situations in medicine, where specialized outside expertise may assist the City in accomplishing an important goal. However, I believe the City Attorney should strive to minimize the frequency of those scenarios, and closely monitor the hours billed when outside counsel is used. 4. What has been your role in working with members of a governing body, collectively and individually? What steps do you take to support the governing body’s policy-making activities? The majority of my career has been spent working closely with governing bodies. The City of Orlando is governed by a seven-member Council, six of whom are elected on a single-district basis. Given the structure of Orlando’s government, certain topics are often of special importance to individual Commissioners. For example, revising the City’s noise ordinance may affect the entire City – but that topic will be of special interest to the Commissioner whose district includes downtown Orlando, since that area combines high density residential with a variety of bars and nightclubs that tend to play music at night. In that example, I can support the Commissioner individually by listening to her goals, and then drafting an updated ordinance for Council to consider. Prior to joining the City of Orlando, I represented the Orange County Clerk of Court. The Clerk’s budget process is managed by a statutory entity called the Clerk of Court Corporation (“CCOC”). Meanwhile, policy and legislative initiatives are managed by the Florida Association of Court Clerks & Comptrollers (“FCCC”). Both of CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 3 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP these entities are governed by sizable boards that include diverse perspectives from across the state. I worked closely with both organizations. During the Constitution Revision Commission (“CRC”) process, I even assisted the sponsors of Amendment 10 in drafting and presenting that proposal to CRC. The 37-member CRC accepted Amendment 10 and placed it on the 2018 ballot. Amendment 10 was then approved by more than 63% of voters in the 2018 election – voters being the most important governing body of all. 5. Please describe any direct experience you have had in the following areas: a) land use/planning and zoning/annexation: b) economic development, development agreements and incentives: c) civil/criminal litigation: d) contract law: e) employment law: f) open records: g) intergovernmental relations/lobbying: h) constitutional law: i) public finance and debt issuance: I have a strong background in civil and criminal litigation, as well as employment (and labor) law, open records, intergovernmental relations, procurement, and constitutional law. I am also comfortable handling day-to-day land use issues such as annexation and zoning. From the topics above, public finance is the area in which I have spent the least amount of time. I am investing in continuing legal education (“CLE”) to enhance my knowledge in that area. 6. How would you manage the role of the City Attorney as the chief legal advisor to City Council with the corollary obligation to provide legal advice and work collaboratively with the City Manager and key staff? If a conflict of interest arose, how would you resolve it? The Clearwater City Charter upholds the ideals of our nation by including a healthy separation of powers. Specifically, the City Charter vests all executive power in the City Manager. The City Charter also vests the entire legislative power, including the power to appoint the City Manager, in the City Council. If chosen for the role of City Attorney, I will rely on the separation of powers to resolve the disagreement in a thoughtful manner. For example, the City Manager may seek my advice regarding the wisdom of a contract that (s)he is authorized by ordinance to sign. Because Council has enacted an ordinance that empowers the City Manager to sign the agreement, the decision to sign is an executive function. The City Manager, in that example, would be the initial beneficiary of my advice. However, if a member of Council becomes interested in the contract, I will be glad to share the same feedback with any member of Council that I provided to the City Manager. That way, both the City Manager and the interested Councilmember are equally informed. If the Councilmember disagrees with the City Manager’s decision regarding the contract, but the contract is squarely within the City Manager’s authority to sign, I would privately encourage the Councilmember to trust their City Manager. If the Councilmember nevertheless feels strongly that the City Manager has erred, I would privately advise the Councilmember that Council has the option to either replace the City Manager or consider enacting an ordinance revising the contractual process. With those options in mind, the Councilmember can then decide whether to bring either option to Council for consideration. 7. If the City Council, City Manager or a department director were to disregard your legal advice or opinion on a matter, how would you approach resolution? If I disagree with a department head or staff member, the resolution should depend on the nature of the disagreement. If a department head pursues a course of action that seems unwise, but is nevertheless a lawful decision within that employee’s prerogative (as authorized by City ordinance or by the City Manager), I would respect the department director’s decision while simultaneously encouraging the employee to discuss the matter with the City Manager. By contrast, if I learn of a decision by a department head or staff member that appears illegal, or otherwise exposes the City to unreasonable risk, and if the department head or staff member declines or is unable to remedy the matter, I would discuss the matter privately with the City Manager. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 4 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP If the City Manager himself or herself pursues an unlawful or illegal action, I am ethically bound to report the matter to Council. However, that disclosure requires a thoughtful and professional approach that minimizes public spectacle and respects the City Manager’s role as Council’s chosen executive. With those goals in mind, I would advise the City Manager upfront that I intend to notify Council. Being candid with the City Manager will help preserve that relationship – a relationship that must remain functional for the City to succeed. I would then share my concerns privately with the Mayor. Depending on the nature of the City Manager’s conduct, I may also share my concerns individually with the Vice-Mayor and each Councilmember. 8. What is your approach to deciding when you advise the City Council to bring in outside legal counsel? In that event, how do you manage the cost most effectively? Retaining outside counsel requires vigilance at four steps in the process. The first step entails a determination as to whether outside counsel is truly needed. With several attorneys on staff, I intend to insource all legal matters that the City Attorney’s Office has the time and expertise to handle in-house. Second, if I recommend outside counsel, I will discuss with outside counsel the scope of representation and expectations for cost control. If opportunities for partial insourcing exist, we will use them. Third, if outside counsel is approved by City Council, I will monitor the process to ensure that all billing is both accurate and reasonable. Finally, each retainer will be measured for success at the conclusion of the matter in question. On each occasion where outside counsel is used, I intend to share my findings with Council regarding the money spent versus the result achieved on behalf of the City. 9. Describe a professional accomplishment which you consider to be innovative, creative and forward-thinking. During the early days of the pandemic, the City of Orlando directed all managers, including me, to maximize the availability of remote work. However, the public safety team frequently interacts with first responders, who could not work remotely and were accustomed to visiting the legal office in person. In addition, our antiquated case management software was ill equipped to manage litigation remotely. We also lacked a sufficient number of laptops to provide support staff with the hardware they needed to work effectively from home. I overcame those challenges by focusing on one problem at a time. As to the availability of personnel, we arranged for one (1) lawyer to be in the office at all times. Because the lawyer was by himself or herself, that lawyer had little risk of infection or infecting others. As to our case management software, I arranged a special project with Technology Management to sever the public safety team software from the remainder of the City Attorney’s Office. The solution seemed radical at first. For many years, each lawyer within the office had used the same software, despite practicing in very different specialties. But the public safety team had a mission-critical need. With support from key City staff, I negotiated a revised vendor agreement that provided enhanced software customized to the needs of the public safety team – software that proved far more reliable and effective in the era of remote work. With those problems solved, I only needed to purchase laptops for our paralegals. The City had tightened spending in anticipation of an uncertain budget year. I solved that problem with support from our Chief of Police, who graciously allowed me to use Law Enforcement Trust Funds (“LETF”) to complete the purchase. 10. Describe your approach to employee development, performance evaluation and succession planning within the City Attorney’s Office. Employee development includes both substantive knowledge and personal qualities. On a substantive level, I will encourage the legal team to pursue continuing education in topics germane to the City – even if the topic falls outside of that lawyer’s immediate sphere of responsibility. Time permitting, I will also invite lawyers to attend meetings with other members of the office or with City staff with whom they normally would not interact. Mastering additional areas of law promotes cross-functionality among lawyers and ensures that a lawyer will always be available with the right background to meet the City’s needs. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 5 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP As to personal qualities, their importance is often undervalued in the legal profession. In my prior role as General Counsel for the Orange County Clerk of Court, I was fortunate to be surrounded by a senior team whose backgrounds were grounded in business and leadership. As a team, we read “The Speed of Trust” by Stephen Covey, a life-changing book that I will heartily recommend to any interested member of the City Attorney’s Office. Other books I recommend include “The One Minute Manager” and “Influence Without Authority.” Even if my team never reads the books themselves, I plan on sharing key take-aways with them. As to succession planning, my philosophy was formed before I began law school. While in college, I worked as a supervisor at Best Buy. In those days, succession planning was so important to Best Buy’s growth strategy that a supervisor or manager could not be promoted, even if their performance warranted promotion, unless that person had prepared a subordinate for immediate promotion into the supervisor or manager’s role. Best Buy’s approach toward succession planning left an indelible impression. If selected for this role, opportunities for succession planning will be identified as early and as often as people development allows. 11. What steps have you taken in your organization to build a culture that fosters teamwork, communication, and an appreciation for diversity? Teamwork can often be promoted through cross-functionality. For example, our City Prosecutor role has traditionally been filled by a person whose background is solely in criminal law. In the past, this led to the City Prosecutor functioning in a silo. When I was hired a new prosecutor last year, I chose an applicant whose background included both prosecutorial experience and recent civil practice. Conventional wisdom held that civil practice was immaterial to the role for which I was hiring her. But I find that our City Prosecutor’s civil background allows her to contribute to the City Attorney’s Office in ways that go beyond the specific role for which she was hired. She is now an integral part of a larger team. As to communication, the issue came to the forefront during covid-19. For several months, the City experimented with a remote-hybrid work schedule. As the managing attorney for public safety, I could have imposed a schedule on my team. Instead, I chose the harder path of building consensus among my lawyers and paralegals. Through effort and compromise, we created a schedule that kept our employees safe while complying with the hybrid mandate. The end result was a more satisfied workforce. As to diversity, I am proud to lead a multi-generational, bilingual team, in which half the lawyers are female. I also value viewpoint diversity by including a paralegal in our employment interview process – even when interviewing lawyers. Our senior paralegals often identify qualities in candidates that I or other lawyers may overlook. In addition, including a paralegal’s perspective sends a message to applicants that hiring decisions involve more than simply impressing the boss: I want to see how an applicant will interact with peers or employees whom the applicant may one day supervise. 12. Beyond the provision of Florida’s sunshine statutes, what is the City Attorney’s role to ensure openness and transparency in the operations and activities of the municipal organization? In court and other settings, attorneys are often referred to as “counselor.” If selected as counsel for the City of Clearwater, I will always look beyond the pure requirements of law and offer counsel as to how a decision may be perceived. Having represented several governmental agencies in a variety of high profile matters, I can often predict how a particular action will be perceived by key stakeholders including residents, the media, and employee unions. The City Attorney can also highlight the ways in which transparency is fiscally responsible. For example, the City of Clearwater voluntarily publishes information online that the City could withhold until such time as a public records request is received. But forcing requesters to submit public records requests can lead to overburdened staff, delayed responses, and even lawsuits. 13. Tell us about the feedback you have received from peers, supervisors, and subordinates with whom you work regarding your strengths as a professional leader and manager. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 6 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP Throughout my career, I have been praised by supervisors and peers for intellectual acumen, creative problem solving, hard work, and ethical conduct. Subordinates have expressed appreciation for always allowing them to express their point of view, even when it differs from my perspective or longstanding practice. Subordinates have also praised my consistent and steady demeanor. 14. Describe the feedback you have received from peers, supervisors, and subordinates with whom you work regarding areas where you need improvement. I have been told on occasion that I should rely less often on email and spend more time communicating by phone. Email appeals to me because it respects the time of the recipient (rather than interrupting their day, or their evening), and it provides a reference for later. However, I have taken to heart the feedback that a person’s intended sentiment is often best expressed by human voice instead of written word. I have also learned that different people have different communication styles. With this feedback in mind, I now strive to honor the communication style preferred by the recipient. 15. Describe any other areas of expertise or experiences that are relevant to this position that have not been addressed in previous questions. I offer a diverse background that is well suited to building a close partnership with our new City Manager. The new City Manager will face important decisions involving labor, open records, intergovernmental relations, procurement, risk management, code enforcement, and public safety. Because I have a strong background in each of these key areas, I can serve as a trusted advisor on high profile topics that will likely be of special interest to Mr. Horne’s successor. CANDIDATE 5 –ERNEST MAYOR ERNEST MAYOR JR. emayorjr@outlook.com (813) 404-7377 Tampa, Florida Ms. Anne Lewis Director Baker Tilly 8219 Leesburg Pike Suite 800 Tysons, Virginia 22182 July 6, 2021 Dear Ms. Lewis: Thank you for contacting me about the City Attorney position for the City of Clearwater. I was not necessarily looking to leave the Hillsborough County Attorney’s Office, but this is certainly an opportunity a Tampa native with my experience and credentials should pursue. From my LinkedIn profile you know I have spent my entire legal career in the Tampa Bay area, practicing law for over thirty years as a local government attorney, in-house counsel with a Fortune 15 company, and in private practice. You also know my expertise is in the area of labor and employment law, but I would not seek this position if I was not confident of my abilities, qualifications and a breadth of experience very few candidates can match. My legal career began with the City Attorney’s Office in Tampa. Ninety minutes into my first day on the job I was in circuit court arguing a motion for summary judgment on behalf of the City. My assigned clients included the Fire Department, Risk Management/Claims, Code Enforcement, and the Fire and Police Pension Board. I then served as legal advisor to the Tampa Police Department during a particularly volatile period. I ended my time with the City as manager of the Police Department’s Asset Forfeiture Unit. I applied for and obtained federal funding, established the unit, and supervised three detectives and a paralegal, all by the age of twenty-eight. Moving to an in-house counsel position with GTE, I handled any and all matters that did not involve federal (FCC) or state (PSC) regulation. This included leases and contracts for sale of purchase of real estate. I also handled matters involving easements, right of ways, and eminent domain. I provided legal advice and review for RFPs and ITBs issued by numerous local governments. As I had done at the City of Tampa, I represented the company in court and before administrative agencies, as well as managing outside counsel handling other cases. The creation of Verizon following the merger of GTE with Bell Atlantic led to a reorganization of the legal department and I was assigned to the labor and employment practice group. My responsibilities included serving as chief labor and employment counsel for Verizon’s operations in multiple states and several foreign countries. I was lead counsel on multiple collective bargaining teams involving agreements encompassing approximately 20,000 employees and represented the company in arbitration hearings and before numerous administrative bodies. I supervised all employment related litigation within my assigned territories and managed an annual outside counsel budget in excess of $1 million. Verizon’s decision to seek to sell those territories forced me to contemplate relocating to New Jersey or accepting a very lucrative separation package and remain in Tampa. I chose the latter and joined a law firm representing public and private clients in labor and employment matters. In fact, I only represented local governments or state agencies during my last six months at the firm. My return to the public sector in 2018 as a Senior Assistant County Attorney has in some ways brought my career full circle. Once again, my practice includes activities such as interpreting the public records law, drafting ordinances, or reviewing RFPs, activities I first performed at the start of my legal career. I have worked with two City Attorneys, two County Attorneys and several General Counsels to a very large corporation and found the positions to be exceptionally analogous to one another. All were successful but each came to the position with different areas of legal expertise and specialization. All were experienced attorneys, but some, quite frankly, did not approach my current level of experience when initially named to the position. They were successful because they met or exceeded the expectations of their clients. Clients did not expect them to have comprehensive knowledge of every area of the law but did expect them to obtain the requisite knowledge for the issue at hand. They expected a thorough analysis of all aspects of an issue, not mere summaries of statutes and cases. They expected “real world” analysis and not law school exam answers. My clients have always greatly appreciated my ability to present them with the practical aspects of their ultimate decision, such as actual or indirect costs, long-term consequences, realistic assessments of probable outcomes, and public perception-whether the “public” is a potential jury, a city’s residents or a company’s customers. Above all, clients look to “the” City Attorney or General Counsel for his or her recommended course of action. I have read innumerable memorandums and legal opinions filled with qualifiers and caveats and providing the client with no real guidance. My clients know where I stand and whether they ultimately agree with my recommendation or not, they appreciate my willingness to provide concrete rather than theoretical solutions. Finally, I have successfully employed many creative and/or aggressive strategies on behalf of my clients, but always well within legal, ethical, and, yes, moral parameters. Many attorneys equate aggressive representation with a necessity to “bend” or “stretch” the rules. I am not one of them. I have been fortunate to obtain favorable results more often than not for my clients through the years and would welcome the opportunity to serve as City Attorney and utilize the cumulative experience of my three-decade career for the benefit of the residents of the City of Clearwater. Sincerely, Ernest Mayor Jr. Ernesto Mayor Jr. ERNEST MAYOR JR. emayorjr@outlook.com (813) 404-7377 Tampa, Florida I am a Tampa native with over 30 years of experience as both a private and public sector attorney in the Tampa Bay area. Over the years, I have developed a reputation for my ability to translate legalese into implementable practices, to counsel stakeholders on beneficial business strategies, to lead litigation efforts providing ethical and positive resolutions for my clients, and to thoroughly evaluate the practical implications of a potential legal strategy or course of action. EDUCATION Juris Doctor, University of Notre Dame Law School; Notre Dame, Indiana Study Abroad: Concannon Programme of International Law; London, England (2 Semesters) *Moot Court, London, England Bachelor of Arts in Psychology, University of Notre Dame; Notre Dame, Indiana Notre Dame Scholar & Dean’s List PROFESSIONAL CREDENTIALS The Florida Bar Professional Ethics Committee Member 2016 – 2020 United States District Court, Middle, Northern, & Southern Districts of Florida Grievance Committee Member, Middle District 2016 – Present United States Court of Appeals for the Eleventh Circuit SKILLS & AREAS OF NOTE Labor & Employment Law Negotiations, Arbitration, & Contracts Procurement Human Resource Management Public Records/Sunshine Law Quasi-judicial Labor Litigation Management Risk Management/Public Sector Liability EEOC, DOL, NLRB Outside Counsel Relationships Best Practices, Policies, & Procedures OFCCP, OSHA, INS Anti-Discrimination Practices Eminent Domain FCHR & PERC EXPERIENCE Senior Assistant County Attorney Hillsborough County Attorney’s Office Mar 2018-Present  Provide legal advice, counsel and direction to senior leadership on all employment law and labor relations matters related to the County’s 5000+ employees.  Represent the County and other appointing authorities before federal, state and local agencies such as the U.S. Department of Labor, Equal Employment Opportunity Commission, Florida Commission on Human Relations, public Employees Relation Commission, Department of Veterans Affairs and the Hillsborough County Civil Service Board.  Counsel for all labor relations matters, including collective bargaining, grievance processing and arbitration  Provide training to human resources and line management on harassment prevention and other applicable workplace laws and regulations.  Ensure all personnel records and related documents are compliant with public record laws, HIPAA, etc.  One of four attorneys responsible for all matters related to the local COVID-19 emergency. Of Counsel Thompson, Sizemore, Gonzalez and Hearing, P.A.; Tampa, FL Jan 2015 – Mar 2018  Serve corporate and government clients in management-side labor and employment law matters in a wide variety of issues such as relations with labor organizations and non-compete agreement violations. ERNEST MAYOR JR. Page 2 of 2  Obtain highly favorable resolutions for clients as a result of strong arbitration/litigation tactics.  Efficiently manage full case-loads for clients across the state with headcounts ranging from as few as 15 employees to over 40,000.  Foster productive relationships and outcomes as a result of effective communication, cooperation, and collaboration with HR Managers, Risk Managers, C-Suite, Outside Counsel, & Agency Representatives.  Represent employers before local, state and federal courts and administrative agencies, as well as in their dealings with Unions/Labor Organizations including the CWA, IBEW and IBT. Executive Director & Assistant General Counsel – Labor & Employment Verizon Communications Inc.; Tampa, FL July 2000 – Dec 2014  Upon the merger of GTE & Bell Atlantic, promoted to chief legal counsel on all labor and employment law matters to Verizon business units with over 20,000 employees operating in 16 states & Latin America.  Effectively mitigated risk though the strategic management and direct involvement in employment-related litigation, including wage and hour class actions.  Provided continuous development of quality labor practices, policies, and procedures as a result of considerable administrative work with the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB), the Office of Federal Contract Compliance Programs (OFCCP), the Equal Employment Opportunity Commission (EEOC) and various state and local human relations commissions.  Legal oversight of Verizon’s nationwide immigration program; assisting with work permits, visas, etc.  Served as lead counsel on all collective bargaining matters, including contract negotiation, grievance processing and arbitration, with multiple unions across several states.  Maintained employment practice standards and mitigated risk across Verizon’s international footprint as a result of coordination with overseas local counsel.  Created effective SOPs and employment practices that met legal, corporate, and ethical standards through careful advisement to HR and Senior leadership on code of conduct matters and supervision of internal investigations.  Maintained a strong Human Resource Department by creating relevant curriculum and conducting training programs on topics related to the ADA, FMLA, union rules, etc. Counsel GTE Corporation, Tampa, FL Sept 1991 – June 2000  Performed a wide range of legal services including negotiation and drafting of vendor and customer contracts, nondisclosure / confidentiality agreements, real estate purchase/sale and leases.  Provided legal advice on eminent domain, easement, right-of-way and franchise fee matters.  Managed litigation involving general claims, contracts and employment law.  Lead counsel in initial roll-out of E-911 services.  Led collective bargaining and arbitrated cases for the GTE South and Midwest regions of the U.S.  Maintained regulatory compliance at federal and state levels with on-going analysis and revisions of company policies and procedures. Assistant City Attorney City Attorney’s Office/Tampa Police Department, Tampa, FL Oct. 1986 – Sept. 1991  Counsel to Claims, Fire and Code Enforcement Departments and Fire and Police Pension Board.  Served as chief legal advisor to City of Tampa Police Department.  Conducted in-service training for TPD and HCSO personnel.  Drafted/administered procurement contracts, interlocal agreements, and multi-jurisdictional task forces.  Appointed as a Special Assistant United States Attorney.  Applied for and obtained a federal grant to establish the City’s Asset Forfeiture Division.  Served as Unit Manager to the Asset Forfeiture Division, leading to a netting of over $1.5 million in cash and hard assets in final year ($2.9 million inflation adjusted). AWARDS & COMMUNITY SERVICE Florida Trend Magazine 2019, 2020 Florida Legal Elite-Top Government and Non-Profit Attorneys Member and Vice-Chair, Hillsborough County Civil Service Board Volunteer Counsel, Bay Area Legal Services Provided pro bono legal services to low income individuals and the underserved. Awarded “Outstanding Service Award,” Bay Area Legal Services Professional References Available Upon Request CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 1 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP Candidate Questionnaire Name Ernest Mayor Jr. Email emayorjr@outlook.com Primary Phone 813-404-7377 Secondary Phone 813-963-5535 Mailing Address 4404 Meadow Wood Way, Tampa, Florida 33618 Education University of Notre Dame Law School J.D. University of Notre Dame B.A. Jesuit High School (Tampa) Florida Bar License Number 607517 Current (Most Recent) Position Previous Position Previous Position Title Senior Assistant County Attorney Of Counsel Assistant General Counsel Dates of Employment Mar. 2018-Present Jan. 2015-Mar. 2018 Sept. 1991-Dec. 2014 Organization Hillsborough County Attorney’s Office Thompson, Sizemore, Gonzalez and Hearing GTE/Verizon Jurisdiction Population 1.5 million N/A 100,000+ employees Reports To (Title) Chief Assistant County Attorney N/A Vice-President and General Counsel Department Staff 32 attorneys/54 total 14 attorneys 200+ attorneys Department Budget $9.5 million N/A N/A Instructions: The purpose of this questionnaire is to provide us with additional information about you as a candidate and to gather examples of professional work that illustrate your background and experience. This information will be shared with hiring officials and others involved in making decisions about candidates selected to move forward in the selection process. Please respond to each of the following questions by providing pertinent information. Some questions ask you to provide examples; please be sure to describe your direct level of involvement in the project or initiative. Please be succinct – limit your responses to 300 words. 1. Why are you interested in this specific position at this specific time? I began my legal career in public service, spending five years with the City Attorney’s Office in Tampa. Pam Akin was the Chief Assistant City Attorney when I arrived and later was named the City Attorney. I returned to public service three and a half years ago when I took a position at the Hillsborough County Attorney’s Office. I planned to spend another ten years there. Then the City’s search firm contacted me, and I learned of Ms. Akin’s impending retirement and of a perfect opportunity to put three decades of legal experience to use directly improving the City of Clearwater and, hopefully, the lives of its citizens. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 2 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 2. Describe your current scope of responsibilities and explain how these responsibilities prepare you to take on the leadership and management responsibilities of the City Attorney position. I am in the Employment and Regulatory Services Division of the Hillsborough County Attorney’s Office. Our Division represents departments such as Code Enforcement and Pet Resources and handles all labor and employment law issues related to the County’s 5000+ employees. Because of my experience at Verizon, I handle all benefits issues-health plans, deferred compensation, etc. as well as any immigration issues. I draft and review contracts and RFPs for a range of services provided by Human Resources. I regularly respond to public records requests and/or assist the less senior attorney in our office tasked with general public records matters. Immediately upon the onset of the COVID-19 emergency in March 2020, I was designated as lead counsel on all matters related to or arising from local emergency orders and the Governor’s Executive Orders. I drafted the original orders governing gatherings, face coverings, etc. as well as co-drafted an ordinance passed by the BOCC related to face coverings in the workplace. I worked very closely with the County Attorney in working to achieve consensus again and again among the members of the Emergency Policy Group and their often-competing viewpoints. This required regular communication with three BOCC commissioners, three city mayors, a member of the school board, and the sheriff. Over the ensuing months I regularly met with the operators of both the privately controlled venues i.e. the Amphitheatre, and those falling under the jurisdiction of the Tampa Sports Authority, i.e. Raymond James Stadium, Legends Field and Amalie Arena. I also became very familiar with the Sunshine Law and its application to “virtual” meetings during the state of emergency. The City Attorney must be able to maintain the position he or she believes is the correct one in the face of opposing viewpoints. I am particularly proud of one example of this during the COVID-19 emergency. The Governor issued two companion Executive Orders and all the attorneys representing the agencies and constitutional officers within the County offered one interpretation of the Orders. I was alone with my opposing interpretation. Two days later, the Governor’s General Counsel issued a memo validating my interpretation. Standing alone, my current responsibilities certainly have further prepared me for this position, but when considered in tandem with my prior experience, I am very confident I am qualified to serve as City Attorney. 3. How is your current organization governed? If your experience includes employment with both public and private sector organizations, what do you see as the factors that differentiate working as a public sector attorney, versus for a law firm in the private sector providing legal services to local governments on a contractual basis? If you have worked for a private firm in that capacity, describe how your responsibilities might be different from and/or similar to a full-time attorney employed by local government. Hillsborough County is governed by a seven-member Board of County Commissioners. The County Attorney and the County Administrator report to the Board. I obviously have experience in both the public and private sector. The first differentiation I see between private sector attorneys and those who voluntarily chose to work in the public sector is their motivation. The latter group clearly sees their work as a form of public service. When I graduated from the Notre Dame Law School, it was the culmination of nineteen years of Catholic education. I truly viewed my profession as a way to “make the world a better place,” and I still do. My years with the City of Tampa and now with Hillsborough County were and are most rewarding in this regard, and this is one of the most attractive aspects of the City Attorney position. The public sector attorney, like an in-house corporate counsel, knows his or her clients and the inner workings of the organization far better than any contract lawyer could ever know. I cannot say how many times in my career I was given a purported solution to a problem by outside counsel that was unworkable and impractical in the real world. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 3 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP This leads to another key difference. The public sector attorney is expected to provide definitive advice, counsel, and solutions to the problem at hand. He or she does not have the luxury afforded to outside counsel of wrapping three disclaimers around every proposed course of action. Finally, the public sector attorney devotes all professional efforts to a single agency or unit of government. Like a certain well-known fictional attorney, he or she can truly say, “I have a special practice. I handle one client.” This will be my situation if I am named City Attorney. In contrast, when I was with the law firm, I would spend a little time on a matter for the City of Bradenton, then Hernando County, then the City of Tampa, and so on. In other words, for outside counsel, the City of Clearwater is simply a client. For the City Attorney, it is the client. 4. What has been your role in working with members of a governing body, collectively and individually? What steps do you take to support the governing body’s policy-making activities? I had some interaction with members of the City Council and a bit more interaction with the Mayor during my time with the City Attorney’s Office, largely due to my primary areas of responsibility during my tenure-Code Enforcement, Claims, Fire Rescue, Police Department. In my current role, I have had some direct interaction with our Commissioners, but most of my communication is with their respective aides. My designation as lead counsel on many COVID-19 issues resulted in further interaction with the Commissioners and other elected officials serving on the Emergency Policy Group. The steps I take now or would take in the future to support a governing body’s policy-making activities may be summed up as follows: provide advice, counsel or direction, or craft a policy, resolution, or ordinance, that best captures the legislative body’s intent to the fullest extent possible while remaining legally defensible. Individual members of the EPG or the group provided a myriad of examples of this principle in action. Sometimes I was able to draft an order capturing the proposed policy in its entirety. Sometimes I had to eliminate some element or create an exception to the proposed action. And sometimes I had to advise the entire idea had to be scrapped because it was not legally defensible on constitutional, jurisdictional, or pre-emption grounds. 5. Please describe any direct experience you have had in the following areas: a) land use/planning and zoning/annexation: b) economic development, development agreements and incentives: c) civil/criminal litigation: d) contract law: e) employment law: f) open records: g) intergovernmental relations/lobbying: h) constitutional law: i) public finance and debt issuance: a) At both the City Attorney’s Office and within my current division at the County Attorney’s Office I have represented the Code Enforcement Department which, among its duties, includes enforcement of zoning regulations. I would also point out I have appeared before quasi-judicial boards and while the subject matter differs from a land use hearing, the underlying rules i.e. competent evidence, standard of review, basis for appeal, etc. are the same. b) I was on the private sector side of several development agreements when I was with GTE. The most controversial of these involved the company’s decision to close its operator services center in Lakeland and establish 600 positions in Lexington to take advantage of economic incentives offered by the State of Kentucky. c) I have substantial civil litigation experience as both trial counsel and through management of and active involvement in cases assigned to outside counsel. I appeared in circuit court ninety minutes into my tenure at the City Attorney’s Office. The following year I was named a Special Assistant U. S. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 4 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP Attorney, which allowed me to bring cases on behalf of the City in federal court. At GTE, I continued to represent the company in some court cases and began my experience in managing outside counsel in others. Verizon sent all litigation to outside counsel, so litigation management was major part of my responsibilities. I maintained very active involvement in the cases even though they were assigned to outside counsel. Thompson, Sizemore had a very robust litigation practice and I was involved in state and federal court litigation throughout my tenure. During the approximate eight months before my arrival at the County Attorney’s office, all my cases were in defense of agencies of the State of Florida or units of local government i.e. Hernando County, City of Bradenton, etc. The County Attorney’s Office has a separate litigation division and handles almost all cases in-house. I have voluntarily assisted the litigation division and/or agreed to serve as co-counsel in several cases. I have not had direct involvement in criminal litigation, but I have a very good understanding of criminal matters because of my service as Police Legal Advisor and because each of the hundreds of asset forfeiture cases I handled required an underlying criminal violation and were heard in the criminal court division. d) Contracts were a major part of my duties at GTE, including a two-year period following a corporate reorganization during which time I only handled contractual matters. These included contracts with a wide range of vendors providing services to GTE, contracts with customers for services provided by GTE, including the provision of 911 service to many cities and towns in the Southeast, and contracts related to private and public RFPs. My current role includes drafting and reviewing contracts and RFPs for services related to the Human Resources Department and all County benefit plans. e) Except for the two-year period referenced above and my first six months of practice, labor and employment law has always been a part of my practice. During my fourteen years with Verizon, I handled labor and employment law issues almost exclusively. I will simply state that under the rule passed in 2019, I can refer to myself as an expert in employment law “based on [my] education, training, experience, or substantial involvement in the area of practice in which specialization or expertise is claimed.” f) I have had much direct involvement with Florida’s Public Records Act, beginning with my service as Police Legal Advisor and the need to apply the many law enforcement related exemptions within the law. My involvement restarted when I joined the law firm and began representing local governments and state agencies and continues on a regular basis in my current position with the County. g) The Hillsborough County Civil Service Board (“CSB”) had several problems which led to a call for its abolishment by one of the constitutional officers. The County Administrator supported this as well, so another attorney and I spearheaded the effort which eventually led to support of the proposal by all the constitutional officers, the BOCC, and the agencies subject to the CSB. We then worked to obtain unanimous support from the local legislative delegation, which was necessary because the CSB could only be abolished by a Special Act of the legislature. Crucial to the success of our effort was our ability to draft and propose a new discipline appeals process employees could utilize if/when the CSB was abolished. h) I have had direct involvement in constitutional law matters and have litigated many claims alleging various violations of constitutional rights, again dating back to my days as the Police Legal Advisor. These ranged from claims of illegal seizures under the Fourth Amendment to claims of free speech violations under the First Amendment by nude dancers. Of course, my employment law practice routinely includes constitutional claims of race discrimination and deprivation of rights. I understand the statutes governing public finance and public debt. I have had some tangential involvement with some bond issues, but I cannot say I have had any direct involvement in this area. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 5 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 6. How would you manage the role of the City Attorney as the chief legal advisor to City Council with the corollary obligation to provide legal advice and work collaboratively with the City Manager and key staff? If a conflict of interest arose, how would you resolve it? I have spent my entire career providing advice and working with senior leaders, managers, and staff, so I see no issue in continuing in that role with the City Manager and key staff. Any member of the City Council, the City Manager or any employee could possibly run afoul of the conflict of issue rules and those would be handled in the usual manner. I cannot, however, envision a legal “conflict of interest” between the Council and the City Manager. What I can envision is a possible conflict between the City Manager and the Council over any number of items. I would, of course, work to reach an agreement between my clients, but ultimately the Council holds all the cards under the Charter, and I would assume the City Manager understood that. 7. If the City Council, City Manager or a department director were to disregard your legal advice or opinion on a matter, how would you approach resolution? First and foremost, the City Council/City Manager/department director, a/k/a “the clients,” are always free to disregard my advice or ignore my legal opinion UNLESS in doing so they are embarking upon illegal or unethical conduct. In my career, on rare occasions a rank and file employee or first line supervisor has done just that, but never have any senior managers and I would expect nothing less from these clients. That said, my role is to provide as complete a picture as possible to the clients-legal/practical, ups/downs, pros/cons, likely/unlikely results. My role is to provide advice and counsel. I am not a decision maker. Although the attorney/client privilege is greatly limited for public attorneys in Florida, it disappears completely if an attorney appears to be making a “business decision.” One of our sayings at Verizon was even though we (the attorneys) were not decision makers, sometimes we were the only rational voice in the room, meaning it was still incumbent upon us to coax, convince and cajole the business leaders to make the right decision for the company. The same would apply to my role as City Attorney. In the case of a department director, I might go to the City Manager if I felt the decision was particularly egregious. Otherwise, I will fight the good fight and use the persuasive skills honed during the practice of law over the past 35 years (and from raising four teenagers along the way.) 8. What is your approach to deciding when you advise the City Council to bring in outside legal counsel? In that event, how do you manage the cost most effectively? The need for outside counsel generally arises in three scenarios. First, the in-house staff lacks expertise in the matter at issue and/or cannot be expected to obtain a level of competency in the area within a reasonable time to meet the professional expectations of the office or the ethical requirements of The Florida Bar. Second, the matter requires legal resources beyond the staffing capability of the office, such as a lawsuit involving extensive discovery requests or production of documents. Third, outside counsel might be brought in to investigate allegations of pervasive misconduct within or at the highest levels of a department, such as when USF retained my former firm to investigate allegations against the head football coach. An element of cost management in the first two scenarios is for the in-house staff to still perform certain tasks related to the matter. Beyond that, cost management begins with aggressive negotiation with outside counsel. Can the work be performed for a flat rate? If not, will the firm offer a reduced or “government” rate, not just on hourly rates for the attorneys and paralegals but on other items such as copying costs? Other subjects for negotiation might be designation of tasks to be performed by partners, senior associates, and associates and no payments for travel time. Managing outside counsel legal fees was an integral part of my role throughout my years with Verizon. I can now also bring to the City Attorney position my experience serving as outside counsel to numerous state agencies and local governments during my three and a half years in private practice immediately before joining the County. One other scenario calling for outside counsel, though rare, bears mentioning. This is when outside counsel is brought in for any number of what I will simply call “pragmatic” reasons. For example, the County CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 6 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP terminated the employment of a firefighter for several actions related to his association with a well-known motorcycle gang. The arbitration challenging his dismissal was scheduled before contract negotiations were to begin. Outside counsel was brought in to handle the potentially volatile hearing and deflect the ire of the union from the attorneys it would face at the bargaining table. As mentioned above, however, my colleague and I performed all the pre-hearing preparation and wrote the post-hearing brief. 9. Describe a professional accomplishment which you consider to be innovative, creative and forward-thinking. I like to think there has been more than one. I learned thousands of dollars in cash sat languishing in the police property room for months or years before anyone claimed it. I developed a system to place the cash in an interest-bearing account and return it by check within 24 hours of a claim by the owner. I identified the tremendous potential of Florida’s Contraband Forfeiture Act during the drug wars of the eighties, so I applied for an obtained a federal grant to establish an asset forfeiture unit, which is still in existence. I was arbitrating cases on behalf of GTE all around the country but learned there was no centralized repository or tracking system for prior arbitration awards that could be useful in other cases. I established one. 10. Describe your approach to employee development, performance evaluation and succession planning within the City Attorney’s Office. Employee development begins at hire. Verizon’s starting salaries allowed it to only hire attorneys with a minimum of five years of experience following graduation from a Top 25 law school. A more realistic approach for the City Attorney is to only hire persons he or she believes could become the City Attorney. The employees should be afforded as many opportunities for training as possible and should be allowed and encourages to handle matters outside their traditional areas of expertise. Finally, the City Attorney should assign them to special projects from time to time to both broaden their experience and provide another measure of the attorneys’ abilities. Performance evaluations can be useful, but only if they include meaningful measures. The most important measure for my attorneys is whether he or she consistently provided accurate and quality responses (oral or written) to the client in a timely manner. Succession planning requires the presence of an internal candidate believed capable of filling the role, followed by a commitment by the City Attorney to leave at a certain time and by the candidate to stay until then. The latter is difficult because the City Attorney cannot guarantee a future City Council will select the candidate, even if the current Council gave formal or informal approval of the designated successor. Nonetheless, the City Attorney should then give the candidate increasing responsibilities and opportunities to serve in an “acting” role so that the hoped-for transition is as seamless as possible. 11. What steps have you taken in your organization to build a culture that fosters teamwork, communication, and an appreciation for diversity? I cannot really do much to build a specific culture beyond what I can personally control, but I am most fortunate to work in an office that already had a wonderful record of and appreciation for diversity. I have emphasized teamwork from Day one at the office by willingly offering whatever guidance and advice the other labor and employment attorneys sought from me. Both have been with the office for many years, but neither has as much experience with employment as I have had. Elsewhere I mention I further fostered a since of teamwork by offing to assist the litigation division. I also have tried to communicate with them as early as possible whenever I identify a situation that might end up in litigation. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 7 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 12. Beyond the provision of Florida’s sunshine statutes, what is the City Attorney’s role to ensure openness and transparency in the operations and activities of the municipal organization? The right of every person to copy or inspect public records or attend any meeting in which public business is to be transacted or discussed is enshrined in Article I of the Florida Constitution. This is the default position: every record is public, every meeting should be open. Far too often, however, public employees or officials go to great lengths to exploit or maximize every exemption contained in the Public Records Act or the Sunshine Law. In such cases, the City Attorney’s role is to remind the client that just because an exemption exists, the City is not required to use it. In those circumstances, the question for the client is simply this: is there a reason why we wouldn’t produce the record or open the meeting? Ultimately, however, it is the client, not the City Attorney, who must decide whether the City will be more open or transparent than required by law. 13. Tell us about the feedback you have received from peers, supervisors, and subordinates with whom you work regarding your strengths as a professional leader and manager. “You are causing a problem in my department. All my people want you to handle their matters.” -County Director of Human Resources(retired) I have had many supervisors over the years, but one thing these supervisors have in common is they allowed me to work with little or no supervision. To me, this was more important than any direct feedback because it demonstrated the total confidence they had in my knowledge, skills and judgment. Whether I was litigating a matter in court, appearing before an administrative agency, or issuing a legal opinion, I was not required to first “run things by” them or anyone else. Whatever was my assigned area of responsibility or geographic location, I functioned as the “chief legal officer” within that sphere. My supervisors at the County have continued this trend and have allowed me to work independently. More important to me than any feedback was their willingness to assign me to such a key role at the outset of the COVID-19 crisis despite my relatively short tenure, again demonstrating their confidence in me. One of my peers went out of his way on more than one occasion to complement my written communications to the clients, saying he had never seen any lawyer capture all the pertinent issues and explain them to the clients the way I was able to. 14. Describe the feedback you have received from peers, supervisors, and subordinates with whom you work regarding areas where you need improvement. The reader of this questionnaire may find this hard to believe, but one of the most stinging criticisms I ever received from a vice-president at Verizon was my failure to advise my chain of command of my accomplishments. In other words, I was not very good at “blowing my own horn.” He acknowledged the favorable results I obtained for the clients but said these did nothing for me professionally if only my clients knew about them. I am very confident I will not have any difficulty advising the City Council of any favorable results obtained by the City Attorney’s Office if I am named City Attorney. Another shortcoming called to my attention is that sometimes I am too willing to assist colleagues with their matters, too willing to simply say “yes” to clients and take on matters outside my assigned responsibilities. I have been reminded however noble my intentions, I cannot take on these matters to the detriment of my principal clients. 15. Describe any other areas of expertise or experiences that are relevant to this position that have not been addressed in previous questions. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 8 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP One of the partners at my former law firm is recognized as one of the finest trial lawyers in Florida. He has spent his entire career, however, practicing labor and employment law. Still, the Mayor of Tampa did not hesitate to name him as City Attorney some years ago and by all accounts he was very successful in the position. Growing up in Tampa, I am well aware of the controversies related to certain major property owners within Downtown Clearwater. I know how important the Imagine Clearwater project is to the City, so I certainly understand the City Council’s desire to find a City Attorney with substantial land development experience. But an attorney’s ability to cite Chapter 163, Florida Statutes or a section of the Community Development Code, while admirable, does not make him or her a superior candidate. As Albert Einstein allegedly said, “Never memorize something you can look up.” I believe I gained a good understanding of land development, economic development, and public finance issues simply as part my preparation for the Board Certification exam in County, City and Local Government Law (results pending.) The Florida Bar recognizes an attorney can quickly gain enough competence in an area of the law in which he or she has never practiced and still represent a client in that area without violating any ethics rules. I submit the totality of experience I have gained from a thirty-five-year legal career in both the public and private sector is not so easily attainable. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY UNDER FLORIDA’S PUBLIC RECORDS ACT, INFORMATION FROM YOUR APPLICATION IS SUBJECT TO PUBLIC DISCLOSURE AT ANY POINT IN THE RECRUITMENT PROCESS. Name: Ernest Mayor Jr. 1. What are your salary requirements? I would not be seeking this position if the lower end of the advertised salary range was not adequate. 2. If selected for the City Attorney position, what is the length of notice you must give to your current employer and when will you be available to start employment with the City of Clearwater, FL? Two weeks’ notice, but I would like to give Hillsborough County as much notice as possible. To that end, my employer is aware I have applied for this position and I have promised to keep my office advised of my progress through the process. 3. Have you been subject to any disciplinary actions, including suspension, probation, or demotion in your adult working career through your employer, a professional association, or licensing agency? If so, please explain the circumstances. Yes No X 4. Have you been dismissed, asked to resign, or accepted a mutual separation agreement and/or severance? If so, please explain the circumstances. Yes X No In February 2015, Verizon publicly announced it had agreed to sell its landline operations in the last remaining states acquired from GTE in 2000 -California, Texas, and Florida-to Frontier Communications. As in the prior sales, most frontline employees would be transferred as well, but the company also internally identified support employees whose positions would be eliminated as a result of the sale. In 2014, my responsibilities were exclusively within landline operations in Texas and Florida, so I was not surprised my position in Florida was to be eliminated. I could have pursued a transfer to the company’s headquarters, but as a Florida native, I did not have any interest in relocating to Basking Ridge, New Jersey. I elected to remain in Tampa, enter private practice, and accept the extremely generous severance benefits to which I was entitled as an Executive Director level employee. 5. Is there anything about your professional or personal conduct that could be potentially embarrassing to a future employer or could impair your ability to perform your work, if it were learned at a later time? If so, please explain the circumstances. Yes No X 6. Have you ever been the subject of media reports, social media, YouTube and/or blogs in the communities where you have been employed that make adverse statements about your work? (It is advisable and important that you disclose any issues and explain the situation at this time.) Yes No X I understand that if reliable information arises contrary to my above responses I could be disqualified from further consideration. Signature Ernest Mayor Jr. Date 7/18/2021 CANDIDATE 6 – BARNABY MIN BARNABY L. MIN 333 NE 24 Street, Apt. 107, Miami, FL 33137 • (786) 374-4926 • barna3m@aol.com June 12, 2021 Dear Sir or Madam: Please find enclosed my resume for consideration for the position of City Attorney for the City of Clearwater, Florida. I currently serve as the Deputy City Attorney. In that capacity, I oversee a staff of sixty-two employees and a budget of $10.4 million. I work closely with the City of Miami’s Administration, elected officials, and over 4,000 employees advising them on opportunities, options, and concerns. We work closely to resolve issues, address quality of life matters, and achieve the goals and expectations set out by the elected officials. I act on behalf of the City Attorney during her absence and act as General Counsel to the City’s Community Redevelopment Agencies and the Downtown Development Authority. While the majority of my practice is currently in land use, I have also handled labor and employment, code enforcement, transactions, litigation, and appeals. I believe my vast experience makes me an ideal candidate for the City of Clearwater. I welcome the opporuntiy to discuss my qualifications and experiences and hope to hear from you soon. Truly yours, Barnaby L. Min BARNABY L. MIN 333 NE 24 Street, Apt. 107, Miami, FL 33137 • (786) 374-4926 • barna3m@aol.com LEGAL EXPERIENCE City of Miami City Atoornyy’ Offn, Miami, FL Deputy City Atorney/Chief of Staf, October 2013 – Present Oversee the administraton of the Ofce of the City Atorney which includes thirty-one atorneys and thirty-one staf members. Responsible for a $10.4 million budget. Provide legal advice to the City Commission, City Mayor, and City Administraton. Act as City Atorney during her absence. Review all legislaton presented to the City Commission. Supervise all atorneys in the Complex Transactons and General Government Divisions. Serve as General Counsel to the Southeast Overtown/Parkwest, Midtown, and Omni Redevelopment District Community Redevelopment Agencies as well as the Downtown Development Authority. Villagn of Pirnfon’t, Pinecrest, FL Hearing Offer, September 2014 - Present Act as Hearing Ofcer in Village of Pinecrest’s Red Light Camera Program. Preside over appeals and render decisions related to red light trafc violatons. Impose administratve fnes and other non- criminal penaltes and provide an equitable and efectve method of enforcing Pinecrest’s ordinances. Guaodiar Ad Litnm Poogoam, Miami, FL Volunteer Guardian Atorney, July 2005 – Present Act as advocate on behalf of children involved in legal proceedings. Prepare witnesses for hearings, trials, mediatons, and depositons. Draf and fle pleadings in both dependency and criminal courts. Jafk’or Hnalth Sy’tnm, Miami, FL Direftor of Contraft Management, February 2013 – October 2013 Drafed, negotated, reviewed, and maintained all contracts Jackson Health System entered into, including but not limited to bids, proposals, contracts, grants, and agreements. Analyzed all contracts and agreements to ensure compliance with appropriate laws, regulatons, corporate policies, and business unit procedures. Acted as liaison with County Atorney’s Ofce, executve team, and individual departments. Implemented new centralized database for drafing and approval of contracts. Offn of thn Atoorny Gnrnoal, Miami, FL New Motor Vehifle Arbitrator, July 2008 – July 2013 Arbitrated warranty disputes between consumers and new motor vehicle manufacturers under Florida’s “Lemon Law.” City of Miami Offn of Zorirg, Miami, FL Zoning Administrator, August 2010 – February 2013 Oversaw the Ofce of Zoning and staf of thirteen employees. Responsible for reviewing plans, interpretng the City’s Zoning Ordinance, and assistng with code enforcement proceedings. Developed and maintained policies and procedures and oversaw a one million dollar budget. Drafed legislatve amendments to the Zoning Ordinance, City Code, and development agreements. Developed and implemented training programs. Advised City ofcials, agencies, departments, administraton, and the City Commission on zoning issues. City of Miami City Atoornyy’ Offn, Miami, FL Assistant City Atorney, July 2008 – August 2010 Represented the City of Miami in appeals of disciplinary actons, grievances, and investgatons before the Civil Service Board. Provided legal advice to various departments in the City of Miami administraton as well as to the City Commission. Drafed legislaton on various quality of life, land use, employment, and law enforcement maters. Previously assigned to the Quality of Life and Land Use Division. Prosecuted cases before the Code Enforcement Board and advised the Waterfront Advisory Board. Handled foreclosures, collectons, and litgaton related to land use, development, and unsafe structures. Thn Flooida Bao, Miami, FL Bar Counsel, July 2004 – July 2008 Investgated and prosecuted atorneys for violatons of the Rules Regulatng The Florida Bar before grievance commitees, referees, and The Florida Bar Board of Governors. Responsible for eighty cases before the Supreme Court of Florida including submission of appellate briefs and presentaton of oral arguments. Miami-Dadn Statn Atoornyy’ Offn, Miami, FL Assistant State Atorney, August 2000 – July 2004 Responsible for prosecuton of felony cases including homicides, armed robberies, violent career criminals, trafcking cases, economic crimes cases, sexual bateries, domestc violence cases, gang prosecutons, child abuse cases, public corrupton cases, juvenile ofenders, gun crimes, environmental crimes, and DUIs. Appointed by Governor Jeb Bush to handle special prosecutons in Monroe and Broward Countes. Lead atorney on ffy-fve jury trials including forty-fve felony trials. EDUCATION Urivno’ity of Corrnftfut Sfhool of Law, Hartford, CT J.D., May 2000 Journal:Conneftifut Law Review – Editor Honors: CALI Award for Excellence in Employment Discriminaton Law Harold Green Natonal Security Law Moot Court Competton – Finalist and Best Brief Actvites: Moot Court Advisory Board – Director Client Advocacy Board – Director Wa’hirgtor Urivno’ity Collngn of Aot’ ard Sfinrfn’, St. Louis, MO A.B. in Politcal Science and Internatonal Studies, May 1997 Honors: First Korean Church of Greater St. Louis Academic Scholarship Missouri Higher Educaton Academic Scholarship Actvites: St. Louis Philharmonic Orchestra Associaton of Korean Students Yor’ni Urivno’ity, Koonar Larguagn Ir’ttutn, Seoul, Korea Summer 1994 Five-week intensive coursework in Korean language Haovaod Urivno’ity, Johr F. Knrrndy Sfhool of Govnormnrt, Cambridge, MA Awarded a Certfcate of Completon for the Senior Executves in State and Local Government Program, June 2017 ADMISSIONS The Florida Bar, September 2000 United States District Court for the Southern District of Florida, April 2005 Supreme Court of the United States, May 2007 United States Bankruptcy Court for the Southern District of Florida, January 2014 PROFESSIONAL AFFILIATIONS AND ORGANIZATIONS Asian Pacifc American Bar Associaton of South Florida – member 2006 – present President 2009 – 2010 Director 2011 – 2017 Natonal Asian Pacifc American Bar Associaton – member 2006 – present Chair of Public Sector Commitee 2013 – 2018 Dade County Bar Associaton – member 2006 – present Director 2009 – 2010 Miami Dade Justce Associaton – member 2007 – present Faith Family Chapel – member 2007 – present Director 2009 – 2010 Internatonal Municipal Lawyers Associaton – member 2008 – present Admiral’s Port Condominium Associaton – Director 2008 – 2012 Secretary 2010 – 2012 Vice-President 2012 The Florida Bar Client’s Security Fund – member 2009 – 2015, 2019 – present Vice-Chair – 2021 - present Cuban American Bar Associaton – member 2009 – present Miami-Dade County Compensaton Benefts Review Commitee – member 2010 Florida Lawyers Assistance, Inc. – Director 2010 – present Secretary 2015 – 2017 President 2017 - 2019 Miami-Dade County Asian American Advisory Board – member 2010 – 2019 Vice-Chair 2011 – 2014 Chair 2015 – 2017 Spellman-Hoevler Inn of Courts – member 2011 – present League of Prosecutors – member 2011 - present Director 2012 – 2016 Chair of Mentoring Program 2014 – 2016 Legal Services of Greater Miami, Inc. – Director 2013 – present Chair of Strategic Planning Commitee 2015 – 2017 Chair of Nominatng Commitee 2016 – 2017 Vice-Chair of Search Commitee 2017 Secretary 2017 - 2019 Miami-Dade Teen Court – member 2014 – present Vizcaya Museum and Gardens Trust – Trustee 2014 - 2018 The Florida Bar Leadership Academy – Fellow 2015 – 2016 The Florida Bar Senior Lawyers Commitee – member 2015 – 2019 The Florida Bar Voluntary Bar Liaison Commitee – member 2017 – 2019 Florida Board of Bar Examiners – member 2017 Leadership Florida Cornerstone Class XXXVII member 2018 – 2019 The Florida Bar Judicial Nominatng Procedures Commitee – member 2019 – present The Florida Bar Governmental and Public Policy Advocacy – member 2019 – present Urban Land Insttute Southeast Florida/Caribbean Leadership Insttute – member 2020 – present The Florida Bar Leadership Academy Commitee – member 2021 - present SPEAKING OPPORTUNITIES Amnoifar Plarrirg A’’ofiator Flooida Chaptno Panelist on “City of Miami’s Sign Standards and Regulatons,” September 2018 Dadn Courty Bao A’’ofiator ard Miami Rnaltoo’ Edufatoral Snmirao Panelist on “Zoning Powerhouse Panel: Everything You Want to Know About Zoning,” February 2018 Flooida Irtnoratoral Urivno’ity Collngn of Law Panelist on “Law Student for a Day Program,” April 2017 Thn Flooida Bao Featured Speaker on “The Florida Bar Clients’ Security Fund and Fee Arbitraton Programs,” April 2017 Natoral A’iar Pafiif Amnoifar Bao A’’ofiator Panelist on “Lessons From Detroit: Advising Municipalites in Distress,” November 2015 Flooida Shardorg Fnllow’hip A’’ofiator ard Flooida Irtnoratoral Urivno’ity Featured Speaker at Commemoraton for the 70th Anniversary of the World Ant-Fascist War Victory, October 2015 Dnpaotmnrt of Homnlard Snfuoity Citinr’hip ard Immigoator Snovifn’ Keynote Speaker at Naturalizaton Ceremony on “Many Cultures, One Voice: Promote Equality and Inclusion,” May 2015 Ma’tno’ of DUI Panelist on “Ethics,” February 2015 Ethifal Govnorarfn Featured Speaker on “Ethics, Public Records, and Consttutonal Issues,” October 2013 Miami Vntnoar’y Afaio’ Hnalthfaon Sy’tnm Featured Speaker on “Celebratng Heritage, Advancing Educaton,” May 2012 Latr Buildno’y A’’ofiator Panelist on “Legislatve Updates,” March 2012 Lngal Ervioormnrt of Rnal E’tatn Lecturer on “Zoning and the Government’s Role,” February 2012 and October 2012 City of Miami Codn Erfoofnmnrt Boaod Lecturer on “Code Enforcement Workshop,” August 2009 Thn Flooida Bao Panelist on “What are the Most Pressing Issues Afectng Specialty Bar Associatons Today?” July 2009 A’iar Pafiif Amnoifar Bao A’’ofiator of South Flooida ard South A’ia Bao A’’ofiator Panelist on “Passing the Bar Exam,” April 2009 City of Miami Dnpaotmnrt of Fion-Rn’fun Lecturer on “Successful Prosecuton of Fire Inspecton Violatons,” January 2009 City of Miami Dnpaotmnrt of Codn Erfoofnmnrt Lecturer on “Abandoned Propertes and Municipal Resources,” January 2009 Spnllmar-Honvnlno Amnoifar Irr of Couot Panelist on “Professional Standards That Bite: Atorney out of Court Behavior That Results in Suspension,” January 2008 Lngal Aid, Put Somnthirg Bafk, ard Dadn Courty Bao A’’ofiator Lecturer on “Nuts and Bolts of Real Property Law Seminar,” October 2007 Thn Flooida Bao Panelist on “Criminal Justce and Our Consttutons: That Delicate Balance,” June 2007 Thn Flooida Bao ard Dadn Courty Bao A’’ofiator Panelist on “How to Avoid a Bar Complaint,” April 2007 Lngal Aid, Dadn Courty Bao A’’ofiator, ard Rnal Poopnoty Commitnn Lecturer on “Ethical Consideratons in Real Property Maters,” October 2006 Flooida A’’ofiator of Coimiral Dnfnr’n Lawyno’ ard Dadn Courty Bao A’’ofiator Panelist on “Criminal Justce and our Consttutons: That Delicate Balance,” March 2006 Put Somnthirg Bafk ard Dadn Courty Bao A’’ofiator Lecturer on “How to Handle a Bar Grievance,” December 2005 Flooida Irtnoratoral Urivno’ity Lecturer on “Getng to Law School,” October 2004 Miami-Dadn Statn Atoornyy’ Offn Lecturer on “DUI Trial Advocacy,” August 2001 and August 2002 AWARDS Voifn’ foo Childonr Lngal Advofafy Awaod – October 2010 Cy’tf Fiboo’i’ Fourdator 40 Urdno 40 Out’tardirg Yourg Lawyno’ of Miami-Dadn Courty – November 2011 Miami Today Bn’t of Miami 2015 – Stars in Government June 2015 Flooida Tonrdy’ Flooida Lngal Elitn – Top Government/Non-Proft Atorney July 2015, July 2016, July 2017, July 2018, July 2019, July 2020, July 2021 Dadn Courty Bao A’’ofiator – Legal Luminary in Government Law July 2016 Miami-Dadn Courty A’iar Amnoifar Advi’ooy Boaod Lnadno’hip Awaod – April 2018 CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 1 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP Candidate Questionnaire Name Barnaby L. Min Email Barna3m@aol.com Primary Phone 786-374-4926 Secondary Phone 305-416-1835 Mailing Address 333 NE 24 Street, Apt. 107, Miami, FL 33137 (Exempt from Disclosure – F.S. 119) Education Washington University – A.B.; University of Connecticut School of Law – J.D. Florida Bar License Number 385719 Current (Most Recent) Position Previous Position Previous Position Title Deputy City Attorney Director of Contract Management Zoning Administrator Dates of Employment October 2013 - Present February 2013 – October 2013 August 2010 – February 2013 Organization City of Miami Jackson Health System City of Miami Jurisdiction Population 500,000 2.7 million 500,000 Reports To (Title) City Attorney Chief Operating Officer City Manager Department Staff 62 2 13 Department Budget $10.4 million $200,000 $1 million Instructions: The purpose of this questionnaire is to provide us with additional information about you as a candidate and to gather examples of professional work that illustrate your background and experience. This information will be shared with hiring officials and others involved in making decisions about candidates selected to move forward in the selection process. Please respond to each of the following questions by providing pertinent information. Some questions ask you to provide examples; please be sure to describe your direct level of involvement in the project or initiative. Please be succinct – limit your responses to 300 words. 1. Why are you interested in this specific position at this specific time? I have served as the Deputy City Attorney for the City of Miami for almost 8 years and have been in the public sector for 21 years. I have gained the experience, passion, and knowledge to now lead an organization in a Chief Legal Officer position. I would like to work for a professional and stable organization with potential for growth and development. I believe that the City of Clearwater presents that opportunity for me. 2. Describe your current scope of responsibilities and explain how these responsibilities prepare you to take on the leadership and management responsibilities of the City Attorney position. I currently oversee the administration of the Office of the City Attorney for the City of Miami which includes thirty-one attorneys and thirty-one staff members and am responsible for a $10.4 million budget. I provide legal advice to the City Commission, City Mayor, and City Administration and act on behalf of the City Attorney during her absence. I review all legislation presented to the City Commission and supervise all attorneys in the Complex CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 2 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP Transactions and General Government Divisions. In my role as Deputy City Attorney, I have also been appointed to serve as General Counsel to the Southeast Overtown/Parkwest, Midtown, and Omni Redevelopment District Community Redevelopment Agencies and the Downtown Development Authority. I believe these are all similar experiences as the City Attorney for Clearwater and will allow me to transition smoothly into the position. 3. How is your current organization governed? If your experience includes employment with both public and private sector organizations, what do you see as the factors that differentiate working as a public sector attorney, versus for a law firm in the private sector providing legal services to local governments on a contractual basis? If you have worked for a private firm in that capacity, describe how your responsibilities might be different from and/or similar to a full-time attorney employed by local government. The City of Miami is a governed by a five-member City Commission with members elected from districts as well as a Mayor elected City-wide. The Mayor is a non-voting member of the Commission and appoints the City Manager as the administrative head of the City subject to City Commission approval. The City Commission appoints the City Attorney, City Clerk, and Independent Auditor General. My career has always been in the public sector; however, I know the main challenges that are faced with those that transition into the public sector include compliance with the Sunshine Law, Public Records Law, and the various restrictions on the use of public funds. 4. What has been your role in working with members of a governing body, collectively and individually? What steps do you take to support the governing body’s policy-making activities? I work with City of Miami’s governing body on a daily basis. This includes appearing at City Commission meetings every two weeks (as well as special meetings that are periodically called) as well as individual briefings with the elected officials and their staff. I periodically sit on the dais with the elected officials when necessary. Though my role is limited to providing legal advice, when required, I advise on the pros and cons as well as the potential business implications of policy decisions made by the Commission. I work to guide the Commission to make the appropriate policy decisions and protect them from making illegal decisions. Likewise, I work with the City Manager and his Administration to carry out the policy decisions of the Commission to ensure they are done legally and correctly. 5. Please describe any direct experience you have had in the following areas: a) land use/planning and zoning/annexation: b) economic development, development agreements and incentives: c) civil/criminal litigation: d) contract law: e) employment law: f) open records: g) intergovernmental relations/lobbying: h) constitutional law: i) public finance and debt issuance: a. I have practiced land use law for approximately 13 years in both a legal capacity as well as working for the City of Miami’s Administration. I advise the City Commission when they sit in their Planning and Zoning capacity as well as the City’s Planning, Zoning and Appeals Board, Urban Design Review Board, and Miami 21 Task Force. As indicated above, I review all legislation presented to the City Commission which includes all land use legislation (i.e. rezoning ordinances, land use ordinances, text amendments to the Zoning Ordinance, Special Exceptions, etc.). With respect to annexations, while that is typically handled by an outside consultant, I am actively involved in reviewing and advising on matters and acting as the liaison with the consultant. b. I work closely with the City of Miami’s Department of Housing and Community Development as well as serve as General Counsel with the Miami Downtown Development Authority and the City’s multiple Community Redevelopment Agencies. In this role, I am actively involved in reviewing, negotiating, CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 3 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP and drafting economic development agreements, tax increment fund agreements, and similar agreements. Likewise, with my land use experience, I work closely with the Planning Department in reviewing, negotiating, and drafting Development Agreements. c. Prior to joining the City of Miami, I served as a criminal prosecutor for four years. I handled civil litigation for four years. While my practice now does not include litigation, it does include administrative hearings before administrative bodies and quasi-judicial bodies. d. I review contracts on a daily basis. I oversee the divisions that are responsible for drafting and negotiating agreements. When the City Attorney is unavailable, I execute all agreements the City enters into after personally reviewing the documents for legal sufficiency. e. I was previously assigned to the Labor and Employment Division and handled employment issues before the Civil Service Board and other administrative bodies and advised the Human Resources Department, the City Manager and his Administration on labor related issues. In my current role as Deputy City Attorney, I am responsible for the labor and employment issues for the Office of the City Attorney. I participate in the City’s collective bargaining negotiations with the City’s four unions. f. I oversee the Division responsible for the City’s compliance with public records requirements. In addition to trainings that we provide to all City staff, we review documents for compliance and exemptions and litigate when necessary. g. I work closely with the City Administration who takes the lead on intergovernmental relations. This includes reviewing all legislation that is being considered by other entities; reviewing, drafting, and negotiating agreements with other entities; and providing advice and suggestions concerning issues that should be addressed. h. On a daily basis, I advise the City of Miami and its Administration on constitutional law issues. Most significantly are issues with the Police Department and the City’s response to addressing homelessness. My goal is to avoid litigation so the best advise provided up front will avoid the litigation at the end. i. I oversee the Complex Transactions Division which is responsible for public finance. I review all work that is completed by the division. I am confident in my abilities to handle public finance and as an example, our Division Chief who has overseen that subject matter for almost two decades will be retiring in July; however, I believe there will be a very smooth transition with the leadership and knowledge that I provide in the area. The City has issued numerous bonds and financed and re-financed numerous transactions during my tenure which I have been involved in. 6. How would you manage the role of the City Attorney as the chief legal advisor to City Council with the corollary obligation to provide legal advice and work collaboratively with the City Manager and key staff? If a conflict of interest arose, how would you resolve it? My role is to represent the City of Clearwater. The City of Clearwater is represented by the City Council. The City Council, thus, is the primary “client.” I will work with the City Manager and his/her staff to explain this role so everyone understands. I will also work with the City Manager to ensure that he/she carries out the policies that are implemented by the Council. I would caution that City Manager that like the City Attorney, he/she works for the City of Clearwater and the City Council represents the City of Clearwater so there should be no conflicts as we must carry out the decisions of the Council. If, for some reason, a conflict still remains that cannot be resolved, I will continue to represent the City Council and pursuant to the Rules Regulating The Florida Bar, I would ask the Council to appoint a conflict attorney for the Manager. I believe, however, the appointment of outside counsel should be an absolute last resort. 7. If the City Council, City Manager or a department director were to disregard your legal advice or opinion on a matter, how would you approach resolution? My job is to provide legal advice. I would reach out to the City Council, City Manager, or department director to determine why the legal advice was not followed. I would continue to advocate and advise on my position, more passionately and strenuously based on the issue at hand. At the end, however, I do not take it personally if my advice is not followed. I believe the end result will justify why the advice was provided. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 4 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 8. What is your approach to deciding when you advise the City Council to bring in outside legal counsel? In that event, how do you manage the cost most effectively? I attempt to handle all matters in house. I only retain outside counsel when either the Rules Regulating The Florida Bar require it (i.e. a conflict of interest) or when a certain expertise is needed. I negotiate with outside counsel to ensure that we get the best rates possible and carefully review invoices when they are received. If I see charges that I do not think are reasonable or should not be charged, I will negotiate with the outside counsel to reduce the invoice. For cases where I do not have the expertise which required retaining outside counsel, I ensure that one of our in house attorneys works closely with the outside counsel and begins obtaining trainings and education so we can eventually have the expertise negating the need for outside counsel in the future. 9. Describe a professional accomplishment which you consider to be innovative, creative and forward-thinking. Upon my start as Deputy City Attorney, one of my first goals was to turn the Office of the City Attorney into a paperless office. This required investing in updated computers and other hardware, obtaining the proper software including a document management system, identifying and appointing a point person to oversee the project, training all staff, and setting expectations. While the process was not as quick as I would have desired, with the onset of the pandemic, it proved to be a worthwhile investment. Without any interruption in services or impact on the City of Miami, our office moved completely to a virtual office overnight and continued to provide the best services possible to our elected officials and the City of Miami. Meetings were conducted virtually, documents were filed electronically, and research was conducted remotely. As the City has reopened, we continue to be paperless which will reduce cost going forward. 10. Describe your approach to employee development, performance evaluation and succession planning within the City Attorney’s Office. I encourage all employees to participate in employee development. We have set aside funds in our budget for employees to participate in programs that they deem would be beneficial. I identify certain employees that I believe would benefit from certain trainings and send them. We also host in house Lunch & Learns on topics that I identify of importance to the office. We periodically conduct team building activities. I also socialize with the employees in order to keep morale high. Performance evaluations are conducted on a yearly basis and are taken into consideration when adjusting salaries. Succession planning is very important to me. In order to accomplish this, I cross-train employees so they do not get “pigeon-holed” and have the ability and exposure to handle the multiple issues that our office handles. Likewise, those we identify as future leaders are encouraged to participate in certain trainings. Assignments are not always handled in silos and others are brought in so they can learn the subject matter and provide their insights as well. 11. What steps have you taken in your organization to build a culture that fosters teamwork, communication, and an appreciation for diversity? Like stated above, we have invested time and resources into team buildings. While I expect all employees to work hard, there is a burn out risk which is why I also encourage the social aspect of the office. I believe this creates a “family” environment which assist with the overall teamwork. Communication is very important and everyone is reminded of that. I have set up standing meetings with the City Attorney, support staff, attorneys, division chiefs, and the whole office. Expectations are set that e-mails and phone calls have to be responded to. As former Bar Counsel with The Florida Bar, I remind attorneys that the most violated rule attorneys commit is the failure to communicate and I have set the expectation that this is not an issue for ou r office. I am proud of the diversity in our office. Our leadership team is composed of minorities and females and our entire office is also predominantly composed of minorities and females from top down. Diversity is also a factor when interviewing new candidates as it is important our office continue to be diverse and properly represent the make up of our elected officials and the City of Miami. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 5 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 12. Beyond the provision of Florida’s sunshine statutes, what is the City Attorney’s role to ensure openness and transparency in the operations and activities of the municipal organization? It is important to properly train all elected officials and employee. Openness and transparency should be encouraged, not avoided. If any ordinances are resolutions need to be adopted in order to accomplish this, I will make those recommendations to the elected officials. I will remind everyone that not only is it legally required, but there are significant legal ramifications for non-compliance. 13. Tell us about the feedback you have received from peers, supervisors, and subordinates with whom you work regarding your strengths as a professional leader and manager. The general consensus is that I am very organized, I communicate, and I follow up. I am approachable if there are questions or concerns. Issues that are brought to my attention are resolved. I am respected by all including employees, clients, and elected officials. 14. Describe the feedback you have received from peers, supervisors, and subordinates with whom you work regarding areas where you need improvement. I have been critiqued for processing issues too quickly. The critique is that some others take time to digest, analyze, and resolve. They believe that because I have processed the information already, it pressures them to make a decision that they do not yet understand. I recognize that everyone analyzes issues differently and have attempted to work with the different styles. 15. Describe any other areas of expertise or experiences that are relevant to this position that have not been addressed in previous questions. In addition to my legal abilities, I believe leadership is an important skill for the role of the City Attorney. I have participated in various leadership programs including with the Harvard University, John F. Kennedy School of Government; Leadership Florida; the Florida Bar’s Leadership Academy; and Urban Land Institute’s Leadership Institute. I have served in various leadership positions in professional organizations. Additionally, I believe that I am unique in that not only have I been a lawyer, I have also been a municipal client having previously served as the City of Miami’s Zoning Administrator. This has allowed me to understand the pressures and issues that the City Administration faces and the obstacles they face when legal advice is not provided or is not provided in a timely fashion. Having this past experience makes me well rounded in understanding the issues that the client faces. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP UNDER FLORIDA’S PUBLIC RECORDS ACT, INFORMATION FROM YOUR APPLICATION IS SUBJECT TO PUBLIC DISCLOSURE AT ANY POINT IN THE RECRUITMENT PROCESS. Name: Barnaby L. Min 1.What are your salary requirements? I would like the range of $230,000 though it is negotiable. 2.If selected for the City Attorney position, what is the length of notice you must give to your current employerand when will you be available to start employment with the City of Clearwater, FL? I would request at leastone month's of notice and more if possible. Thus, if the position were offered today, the start date would beAugust 19, 2021 at the earliest. 3.Have you been subject to any disciplinary actions, including suspension, probation, or demotion in your adultworking career through your employer, a professional association, or licensing agency? If so, please explain the circumstances. Yes No 4.Have you been dismissed, asked to resign, or accepted a mutual separation agreement and/or severance? If so, please explain the circumstances. Yes No 5.Is there anything about your professional or personal conduct that could be potentially embarrassing to afuture employer or could impair your ability to perform your work, if it were learned at a later time? If so,please explain the circumstances. Yes No 6.Have you ever been the subject of media reports, social media, YouTube and/or blogs in the communitieswhere you have been employed that make adverse statements about your work? (It is advisable and important that you disclose any issues and explain the situation at this time.) Yes No The question ofthe legalization of marijuana came up befor the Planning, Zoning and Appeals Board. I explained that regardless of the position of the State of Florida, the federal government has continued to outlaw cannabis. Imade an example of how an activity that is illegal cannot be made "legal" just because someone without theauthority says it is. The example I used was pedophilia. Socail media mischaracterized that comment andstated that I compared marijuana to pedophilia which is not accurate. Likewise, during this time, the media"researched" me. The Miami New Times disclosed an allegation of sexual harrasment that had been madeagainst me. While I regret the conduct from over a decade ago, no actual finding was ever made against meand no discipline was ever imposed. I understand that if reliable information arises contrary to my above responses I could be disqualified from further consideration. Signature /s/ Barnaby L. Min Date 7/18/2021 CANDIDATE 7 – MATTHEW SMITH Matthew M. Smith 5939 Grand Sonata Avenue, Lutz, Florida 33558 813-360-2069 · mms4ba@gmail.com EXPERIENCE City of Clearwater, Clearwater, Florida August 2014-Present Senior Assistant City Attorney Responsible for all legal issues for Police and Fire Rescue, including Emergency Management. Work involves the review and/or preparation of complex legal documents, the preparation of briefs and legal opinions, and the creation and presentation to City Council of resolutions, ordinances, and other proposed legislation of a complex nature. Responsibilities also include officer training and policy review and revision, and representation in more complex litigation and/or administrative proceedings, including Florida Contraband Forfeiture Act actions, nuisance abatement, and red-light camera hearings. Previously assigned to Government and Internal Services, including Code Enforcement, Engineering (construction contracts), Human Resources including Equity Services, Information Technology, Library, Parks and Recreation, Public Communications and Marketing, Purchasing, and Traffic Engineering. Florida Attorney General, Tampa, Florida November 2012-August 2014 Assistant Attorney General Represented state agencies and defended state employees, including judges and medical professionals. Areas of practice included torts, civil rights, employment, and contract law. Answered appeals in Fifth DCA and 11th Circuit Court of Appeals. Prosecuted civil forfeitures on behalf of Florida and its counties. Consulted with state agencies regarding policymaking and litigation avoidance. Illinois Attorney General, Chicago, Illinois June 2006 - July 2012 Assistant Attorney General Defended State employees, including prison officials and staff, against civil actions filed by State inmates. Substantial Federal Court litigation under 42 USC §1983 involving use of force, medical care, due process, cruel and unusual punishment, and conditions of confinement. Independently managed all aspects of a case's development, including court appearances, motion practice, legal research and analysis, discovery, depositions, and trial. Weldon-Linne & Vogt, Chicago, Illinois May 2005 - May 2006 Associate Defended medical professionals from state and federal inmates’ Eighth Amendment claims. Substantial motion practice, including motions to dismiss, for summary judgment, to vacate default judgment, to compel and for sanctions. Court appearances in state and federal court. Law Offices of John C. Wunsch, P.C., Chicago, Illinois April 2004 - April 2005 Associate Managed substantial caseload, including client interaction, daily court appearances, taking depositions, negotiations, and conducting arbitrations. Filed a Petition for Appeal with the 1st District. Filed and argued against numerous Motions to Dismiss and Summary Judgment. San Diego District Attorney, Central Pre-trial Division, San Diego, California Spring 2003 Certified Legal Intern Appeared on behalf of the People of California in Criminal matters. Prepared and conducted over thirty preliminary examinations, including arguing suppression motions. Conducted probation revocation hearings. Wrote and filed seven responses to suppression motions. Arraigned felony defendants. Argued for bail increases. Observed readiness conferences, felony sentencings, jury trials. San Diego Superior Court, South Bay District, Chula Vista, California Summer 2002 Judicial Intern Performed extensive analysis and research of parties’ motions and briefs, including motions to dismiss, motions to suppress evidence, and discovery motions. Provided recommended courses of action and authored orders for the court’s approval. Observed Judge’s Chambers hearings, readiness conferences, and sentencings. California Innocence Project, San Diego, California September 2001 – May 2002 Legal Intern Reviewed and analyzed serious post-conviction cases for evidence of innocence. Determined whether remaining serological evidence warranted DNA testing. Interviewed clients, their families, witnesses, and lawyers involved with the cases for newly discovered evidence. EDUCATION California Western School of Law, San Diego, California Juris Doctor, Cum Laude, June 2003 Final Class Standing: 28/204 CCalifornia Western Law Review/International Law Journal, Staff Writer, Fall 2001; Staff Editor, Spring 2002-Spring 2003 Dean’s Honor List Spring 2001, Fall 2001, Fall 2002 Academic Scholarship Recipient, 2000-2003 Roy Bell Scholar, 2001-2003 University of Missouri, Columbia, Missouri Bachelor of Science in Business Administration, May 2000 Curator Scholarship Recipient, 1995-2000 Bright Flight Scholarship Recipient, 1995-2000 Captain, Cycling Team, 1995-1999 CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 1 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP Candidate Questionnaire Name Matthew M. Smith Email Matthew.Smith@MyClearwater.com Primary Phone 813-360-2069 Secondary Phone 727-562-4467 Mailing Address 5939 Grand Sonata Avenue, Lutz, FL 33558 Education B.S.B.A – University of Missouri, Juris Doctor – California Western School of Law Florida Bar License Number 84699 Current (Most Recent) Position Previous Position Previous Position Title Senior Assistant City Attorney Assistant Attorney General Assistant Attorney General Dates of Employment August 2014 - Present November 2012 – August 2014 June 2006 – July 2012 Organization City of Clearwater State of Florida State of Illinois Jurisdiction Population 116,946 21.48 million 12.67 million Reports To (Title) City Attorney Chief Assistant Attorney General Chief Assistant Attorney General Department Staff N/A N/A N/A Department Budget N/A N/A N/A Instructions: The purpose of this questionnaire is to provide us with additional information about you as a candidate and to gather examples of professional work that illustrate your background and experience. This information will be shared with hiring officials and others involved in making decisions about candidates selected to move forward in the selection process. Please respond to each of the following questions by providing pertinent information. Some questions ask you to provide examples; please be sure to describe your direct level of involvement in the project or initiative. Please be succinct – limit your responses to 300 words. 1. Why are you interested in this specific position at this specific time? I am fortunate to be in a position to capitalize on this great career opportunity. With fifteen years experience in state and local government, seven of those with the City of Clearwater, I have a demonstrated dedication to government service and the City. These most recent years have been the most fulfilling of my career, and as I enjoy working with staff and interacting with the people of Clearwater, I would be honored to continue to serve the City in an expanded and more responsible capacity as City Attorney. I have always looked for and strived for growth in all aspects of my life; I am ready for, capable of, and eager to serve in the natural transition from a successful assistant city attorney to the City Attorney. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 2 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 2. Describe your current scope of responsibilities and explain how these responsibilities prepare you to take on the leadership and management responsibilities of the City Attorney position. Over my seven years with the City of Clearwater, I have built relationships built upon trust with City management and staff. These relationships, and my experience doing the legal work throughout the City that is requested daily, has prepared and empowered me to take on the leadership and management responsibilities that the City Attorney position requires. As a Senior Assistant City Attorney for the City of Clearwater, I am currently responsible for all legal issues for Police and Fire Rescue, including Emergency Management. My work involves the review and/or preparation of complex legal documents, the preparation of briefs and legal opinions, and the creation and presentation to City Council of resolutions, ordinances, and other proposed legislation of a complex nature. My responsibilities also include officer training and policy review and revision, and representation in more complex litigation and/or administrative proceedings, including Florida Contraband Forfeiture Act actions, nuisance abatement, and red-light camera hearings. Previously, I was assigned to Government and Internal Services, including Code Enforcement, Engineering (construction contracts), Human Resources including Equity Services, Information Technology, Library, Parks and Recreation, Public Communications and Marketing, Purchasing, and Traffic Engineering. 3. How is your current organization governed? If your experience includes employment with both public and private sector organizations, what do you see as the factors that differentiate working as a public sector attorney, versus for a law firm in the private sector providing legal services to local governments on a contractual basis? If you have worked for a private firm in that capacity, describe how your responsibilities might be different from and/or similar to a full-time attorney employed by local government. Clearwater is a Council/Manager form of local government. In all my years providing government service, I have always worked in-house. 4. What has been your role in working with members of a governing body, collectively and individually? What steps do you take to support the governing body’s policy-making activities? Collectively, I have presented agenda items to Council, and supported staff members on countless other agenda items. Individually, I recommended changes to the Council Rules per the request of former Mayor Cretekos. My changes, which were accepted by Mayor Cretekos and adopted by Council, made it easier to maintain audience discipline during Council meetings, balancing citizen’s 1st Amendment rights with Council’s inherent authority to conduct efficient meetings. Recently, I worked with Councilmember Allbritton and the police department to creatively address derelict, at-risk, and nuisance vessels in the waterways of Clearwater, where legislative measures and a state preemption limited the City’s options. Last month, all vessels that were derelict had been removed. In my time with the City, on numerous occasions Council has given direction to staff on a topic; staff has studied and consulted on the issue, and returned to Council with a recommendation. Council then decides, with or without modifications, and turns to the City Attorney’s office to make the decision a reality. This usually comes in the form of an ordinance, resolution, or other legislative act, which I have had the pleasure of crafting on many occasions. 5. Please describe any direct experience you have had in the following areas: a) land use/planning and zoning/annexation: b) economic development, development agreements and incentives: c) civil/criminal litigation: d) contract law: e) employment law: f) open records: g) intergovernmental relations/lobbying: h) constitutional law: i) public finance and debt issuance: CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 3 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP I have extensive experience in civil litigation and advise the police department on policies and procedure pursuant to developing legislation and caselaw. When the City strongly enforced upon the abandoned office tower construction at 1100 Cleveland St., I successfully defended the City in Federal Court from the resulting lawsuit. At the Florida and Illinois Attorney General offices, I defended state departments against countless lawsuits filed by plaintiffs in tort and constitutional claims. Contract review has been one of my core responsibilities with every department I have been assigned to while with the City. For several years, I was assigned to Human Resources. I advised the department on all aspects of discipline, Americans with Disabilities Act, collective bargaining, and diversity and equity services. I successfully defended a manager termination in Pinellas County Court in a bench trial. Public records is another area of the law which has permeated my experience in the City with every assigned department. Although advisement regarding public records requests is a frequent and routine task for me, I have helped navigate responses to various complex and high-profile public records requests. My experience includes assisting with interlocal agreements and working with lobbyists. I assisted in the negotiation of a sports facility sharing agreement with the City of Safety Harbor. Most recently, the Chief of Police began spearheading a project to create a unified 911 and dispatch system in Pinellas County. Recently, I collaborated with the City Attorney, Councilmember Allbritton, and our lobbyists to address creative solutions to issues with derelict, at-risk, and nuisance vessels. Finally, I am well-versed and experienced in constitutional law. I have served on the City’s homeless committee, navigating the intersection of the 1st Amendment and concerns of citizens and local business owners. I train police officers on search and seizure law under the 4th Amendment. I have defended the City against an Equal Protection claim. 6. How would you manage the role of the City Attorney as the chief legal advisor to City Council with the corollary obligation to provide legal advice and work collaboratively with the City Manager and key staff? If a conflict of interest arose, how would you resolve it? I view the dual role of the City Attorney to advise City Council and the City Manager/staff as synergistic. The Council hires and appoints the City Manager, and gives direction to the City Manager and staff in the direction Council sees fit. Therefore, the legal direction given to the City Manager and staff should flow naturally from the advice given to Council. In the event of a conflict of interest, there is no ‘one-size-fits-all’ answer; however, there are a multitude of tools the City Attorney can use to guide all to a solution, such as Florida Statutes, City Policies and Procedures, past practice, Florida ethics rules, and the ethics hotline, to creatively assist in coming to a resolution. 7. If the City Council, City Manager or a department director were to disregard your legal advice or opinion on a matter, how would you approach resolution? The only thing I can control are my own actions. If my legal advice or opinion on a matter were to be disregarded, I would re-counsel, highlighting any potential liability to the City or the individual, whether criminal or civil. Barring blatantly criminal acts, my goal is to provide the best legal advice for any situation based on the best legal research, experience, and peer consultation. However, I do not believe that my legal advice, nor any other attorney’s, could be 100% right, final, and unquestionable every time. One of the great strengths of a democracy is the empowerment of public elected officials to act with their good faith belief that their actions will be in the best interests of their constituents. There have been many instances where legislative acts have been challenged in court, and the law has been changed as a result. The City Attorney’s office, by code, will defend City officials and staff in any action so long as the acts were within the scope of employment or duties and not in bad faith. 8. What is your approach to deciding when you advise the City Council to bring in outside legal counsel? In that event, how do you manage the cost most effectively? It is important to know the strengths, weaknesses, specializations and capabilities of the in-house assistant city attorneys I manage. One of my mandates would be to provided legal services to the City in the most efficient yet personable means possible, whether from a financial perspective or otherwise. Obviously, in-house counsel is the most cost-effective solution to most of the City’s legal issues, and the assistant city attorneys CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 4 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP can handle most. However, occasionally there are those issues that would overwhelm the City Attorney office’s resources, or the potential downside to the City is grave. These issues would be evaluated on a case-by-case basis, and outside council would be recommended where appropriate. The budget, however, is not bottomless; I have seen a hybrid solution applied before effectively—outside counsel is retained, with assistance from one or more assistant city attorney. This is yet another option to manage the cost of providing legal services to the City. 9. Describe a professional accomplishment which you consider to be innovative, creative and forward-thinking. My proudest accomplishment at the City of Clearwater was the successful transformation of the abandoned construction shell of an office building at 1100 Cleveland St., which had sat in such a state for years. It was one of my first projects assigned to me by the City Attorney when I joined the City. It was a team effort between Code Enforcement, the Building Official, the Fire Marshal, Police, and Planning. The team started by holding the property owner accountable for the various code violations that existed on the property. Eventually the structure was declared unsafe. The property owner sued the City in federal court, alleging a violation of their Equal Protection rights, among other claims. While I defended the City in court, we negotiated with the property owner to come to a solution. The solution was a stipulated contingency agreement which stated that if the owner finished the property or sold the property to a developer who would meet milestones to finish the structure, that the City would forgive the accrued liens, which were over one hundred thousand at that point. Today, the property is a beautiful high-end apartment and townhome complex. 10. Describe your approach to employee development, performance evaluation and succession planning within the City Attorney’s Office. My approach to employee development would be utilization of several tools. Through mentoring and work product review, I would identify and (dis)encourage attorney strengths and weaknesses. There are many excellent continuing legal education seminars for attorneys to attend. I would work with human resources to establish a semi-annual performance evaluation structure. The City Attorney’s office should be a collaborative effort to provide legal services to the Council and City, which I would foster with biweekly attorney and staff meetings. 11. What steps have you taken in your organization to build a culture that fosters teamwork, communication, and an appreciation for diversity? The City of Clearwater has a robust Office of Diversity and Equity Services (ODES), providing training and seminars promoting diverse and inclusive engagement. The City Attorney’s office would have periodic diversity and equity training, and staff would be encouraged to take advantage of all of the opportunities ODES provides. I would work with ODES and Human Resources to tailor a custom approach for my office to foster teamwork, communication, and an appreciation for diversity. 12. Beyond the provision of Florida’s sunshine statutes, what is the City Attorney’s role to ensure openness and transparency in the operations and activities of the municipal organization? Local government is most efficient when elected officials and decision makers faithfully execute their duties and support others in their roles. The City Attorney, as it relates to openness and transparency, should consistently adhere to the Sunshine Law in advising councilmembers, establishing procedures for meetings, special meetings, and privileged meetings. The City Attorney needs to constantly monitor and suggest improvements to the already robust systems in place for providing records and responding to public records requests. However, the City Attorney should also counsel that the Sunshine Laws do not entitle members of the public to interrogate officials and staff as if they were sitting for a deposition. There is a balance to be kept between openness and transparency in full accordance with the law, and conducting business throughout the City in a just, efficient manner. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 5 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP 13. Tell us about the feedback you have received from peers, supervisors, and subordinates with whom you work regarding your strengths as a professional leader and manager. During my time at the City of Clearwater, I have successfully resolved many problem issues or projects. Generally, I have been told that I am able to give timely and concise answers on complicated legal questions, tailoring the answer to the requestor. In 2018, I received a Letter of Commendation from the Chief of Police regarding my efforts which, in part, resulted in the closure of an illegal nuisance night club in the City. The Chief stated, “Matt, your hard work in this matter was critical to the department successfully addressing this challenge and achieving the desired outcome. On behalf of the several officers involved and community residents that benefited from your legal representation and support, it is with a great deal of pride I present you the Letter of Commendations for your service that played a significant role in the club permanently closing in April 2018.” In 2014, Michael Delk, at the time the Planning and Development Director, sent an email to myself and the City Attorney thanking me “for a great effort and support [at the Municipal Code Enforcement Board] on the short term rentals.” In my latest performance evaluation, the City Attorney stated: “His clients have a high degree of satisfaction with his work and commitment to assisting them in accomplishing their goals. Matt is an asset to the department and the city.” In 2017, during which time the assistant city attorney responsibilities were reassigned, the code compliance manager wrote to the City Attorney: “Hi Pam. I know you are evaluating Matts assignment. If at all possible I would love to retain him for Code Compliance. He is easily the most effective attorney in our history and we have successfully prosecuted more cases than ever before. Coming from the PD I believe this would be a great fit for everyone. Thank you for your consideration.” Finally, during a recent weekly meeting with the City Attorney, she let me know that she was pleased with how I “stepped up” as the Emergency Management attorney to provide guidance and leadership during the COVID-19 pandemic. 14. Describe the feedback you have received from peers, supervisors, and subordinates with whom you work regarding areas where you need improvement. In my most recent performance evaluation, I did not receive any scores in any area signifying “Improvement Needed;” all scores were “Successful,” “Highly Successful,” and “Outstanding.” However, when I first joined the City I was counseled by the City Attorney that there had been instances where I did not fully exhaust all avenues of research prior to rendering an opinion or making a decision. Since then, I am confident that that constructive criticism was taken to heart and would not be an area needing improvement today. 15. Describe any other areas of expertise or experiences that are relevant to this position that have not been addressed in previous questions. The City’s Attorney’s role goes far beyond the mere provision of legal services to the City. A successful City Attorney must balance legal ethics, professionalism, workflow management, triage of competing demands and potential conflicts inherent in representing one or more collegial bodies and applicable rules of professional conduct. In addition to these ‘hard skills,’ to attempt to fill the shoes of the longstanding successful outgoing City Attorney, the right candidate will have outstanding ‘soft skills,’ as she did. These skills include, but are not limited to, interpersonal (people) skills, communication skills, listening skills, time management, and empathy. I have been told on many occasions that I have the ability to talk and listen to anyone. During my time with the City in my role, I have dealt with the entire spectrum of people, from the most hardened criminals face-to-face, distinguished citizens, disgruntled citizens, and persons in positions of power. I believe my reputation with City directors, managers, and staff reflects my ability to connect with people, effectively communicate, and reach creative, inventive, and beneficial solutions. CANDIDATE 8 – PATRICIA SMITH Patricia D. Smith 227 Abernathy Circle SE Palm Bay, FL 32909 (321) 327-7164Psmith09@att.net July 14, 2021 Mayor Frank Hibbard Councilmember Mark Bunker Councilmember Kathleen Beckman Councilmember Vice Mayor David Allbritton Councilmember Hoyt Hamilton Attention: Anne Lewis Baker Tilly-Executive Recruitment Services Re: City Attorney Position Dear Honorable Members of City Council: I was excited to see your posting and I submit my résumé for your consideration for the City Attorney position. I have almost a decade of municipal law experience. Moreover, I am one of two attorneys recognized by the Florida Bar as an expert in State, Federal Government and Administrative Practice and City, County and Local Government Law. I currently serve as the City Attorney for the City of Palm Bay. I supervise four attorneys, a paralegal, two administrative assistants and the Risk Management Department. In addition to in-house attorneys, I also supervise outside law firms that provide specialized legal services to the City. Like Clearwater, the City of Palm Bay has a council-manager form of government. I am adept at working with a City Manager, department heads and providing legal advice to councilmembers so that they may fulfill their public responsibility. In addition, I have a proven record of being fiscally responsible. Due to my representation and leadership in implementing strategies to reduce costs, the City has substantially reduced its outside counsel expenses over the years. The reduction in legal expenses has not adversely affected the quality of representation, as my team and I have successfully defended and prosecuted matters on behalf of the City. I appreciate your time and I hope that I may use my experience and expertise in City, County and Local Government Law, problem solving abilities and fiscal prudence to serve the City of Clearwater. Respectfully Submitted, Patricia D. Smith 1 Patricia D. Smith, B.C.S. 227 Abernathy Circle SE♦ Palm Bay, FL 32909 ♦ 321-327-7164 psmith09@att.net PROFESSIONAL EXPERIENCE CITY OF PALM BAY City Attorney April 2018-present Deputy City Attorney August 2011-April 2018 Charter officer that provides legal advice to City Council, city manager and department heads. Manage the City Attorney’s Office and Risk Management Department for the 18th largest city in Florida. • Supervise four attorneys, a paralegal, two administrative assistants and the Risk Management Department. • Draft, review and amend ordinances, contracts, and general orders. • Contributed to reducing outside counsel expenses in half by litigating and negotiating claims on behalf of the City. • Represent City of Palm Bay in litigation matters including: Section1983 Civil Rights, land use, contract disputes, ordinance challenges, bid protests, foreclosures and forfeitures, significant cases include: o Drafted a response in opposition to a Petition for Writ of Certiorari challenging a zoning change and participated in oral arguments resulting in the denial of the petition. o Defended the City’s Sexual Predator and Offender Ordinance against nine constitutional claims; Motion for Summary Judgment granted and upheld on appeal. o Successfully argued qualified immunity for police officers in federal Section 1983 lawsuit and obtained a dismissal with prejudice of the City. o Co-counsel on trial team that obtained a directed verdict in lawsuit involving allegations of negligent entrustment by a Palm Bay Police Officer. o Ended a 6-year $40 million lawsuit against the City by a real estate developer regarding land use, and utility and code enforcement issues and negotiated a settlement resulting in the payment of $100,000 to the City. Florida Department of Health January 2008 – August 2011 Assistant General Counsel, Tallahassee, Florida Handled large volume of cases covering standard of care violations, adverse incidents, record keeping deficiencies, impairment, and sexual misconduct allegations; responsibilities included: • Reviewed medical records, expert opinions, and witness statements. • Drafted emergency suspension orders, administrative complaints and closing orders. • Negotiated settlement agreements. • Prosecuted cases for the Boards of Dentistry, Acupuncture and Orthotists & Prosthetists. • Awards: 2010 Prosecution Services Unit Leadership Award 2010 Prudential-Davis Productivity Award (Team) Orthotist & Prosthetist Prosecution Services Unit Team: Implemented Aggressive Case Review and Processing Reducing Inventory 2009 Outstanding Team Award-Dentistry 2 Public Defender 19th Judicial Circuit July 2004 - January 2008 Assistant Public Defender, Vero Beach, FL •Defended 30 jury trials and 15 non-jury trials, achieving numerous acquittals. •Handled felony, juvenile, misdemeanor, diversion, and Baker Act proceedings.•Prepared and argued Motions to Suppress, Motions in Limine and Motions to Dismiss,resulting in dismissals, the State dropping charges or offering more favorable pleabargains.EDUCATION Nova Southeastern University Shepard Broad Law Center, Ft. Lauderdale, FL December 2002 Juris Doctor Dean’s List, Top 17% Goodwin Scholar Family Law Clinic- Guardian Ad Litem 19th Judicial Circuit: Certified Legal Intern. Drafted motion in opposition to intervention by grandmother; co-wrote appellate brief submitted to the Fourth DCA. Florida State University, Tallahassee, FL April 1997 Bachelor of Science Political Science Dean’s List LEGAL CERTIFICATIONS Board Certified State and Federal Government and Administrative Practice, August 2015-present Board Certified City, County, Local Government Law, August 2016-present AWARDS AND RECOGNITIONS Florida Trend’s Legal Elite, Recognized as one of the top Government & Non-Profit Attorneys- 2018, 2019 and 2020 AV Peer Review Rating by Martindale Hubbell PRESENTATIONS “Navigating the Blue Waters of Police Public Records,” Florida Association of City Clerks, Central West District Training May 2018 “Ethics Training for Elected Officers,” Marion/ Sumter/Hernando cities, sponsored by the Florida League of Cities, Inc., September 2017. “Too Fast, Too Furious, Too Far? A Review of the Recent Forfeiture Law Changes”40th Annual Local Government Law in Florida Conference, May 2017. “Ethics for Elected Municipal Officer,” sponsored by the Florida League of Cities, Inc., June 2015. “Update on the Regulation of the City’s Rights of Way,” presented at the Florida Municipal Attorneys Association’s 34th Annual Seminar, July 2015. PUBLICATIONS Patricia D. Smith & Andrew P. Lannon, Local Regulation of Medical Marijuana in Florida, 91 FLA. B.J. 8 (Nov. 2017). 3 Andrew P. Lannon, Peter J. Sweeney, Jr., Patricia D. Smith, Jill E. Jacobs & Wendy L. Fisher, Risk[y] Business: Transitioning to a Stand-Alone Self-Insurance Program, 46 STETSON L. REV. 3 (Spring 2017). ORGANIZATIONS Aging Matters Board of Directors 2021 Vassar B. Carlton American Inn of Court: Secretary/Treasurer -2016-2018; Treasurer 2019-2021 Brevard County Association for Women Lawyers: President- 2018; President-Elect-2017; Secretary-2016 State, Federal Government and Administrative Practice Certification Committee 2017-2019Eminent Domain Committee 2014-2018 Traffic Court Committee 2013-2016 CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 1 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP Candidate Questionnaire Name Patricia D. Smith Email Psmith09@att.net Primary Phone (850) 567-3676 Secondary Phone (321) 327-7164 Mailing Address 227 Abernathy Circle SE, Palm Bay, FL 32909 Education JD, BS Political Science Florida Bar License Number 728160 Current (Most Recent) Position Previous Position Previous Position Title City Attorney Deputy City Attorney Assistant General Counsel Dates of Employment April 2018-present August 2011-April 2018 January 2008-August 2011 Organization City of Palm Bay City of Palm Bay Department of Health Jurisdiction Population 122,391 115,638 179,298 Reports To (Title) City Council City Attorney Team Leader Department Staff 10 10 7 Department Budget CAO: $205,499 Risk Management: $4,683,209 CAO: $671,669 Risk Management: $4,834,380 Click or tap here to enter text. Instructions: The purpose of this questionnaire is to provide us with additional information about you as a candidate and to gather examples of professional work that illustrate your background and experience. This information will be shared with hiring officials and others involved in making decisions about candidates selected to move forward in the selection process. Please respond to each of the following questions by providing pertinent information. Some questions ask you to provide examples; please be sure to describe your direct level of involvement in the project or initiative. Please be succinct – limit your responses to 300 words. 1. Why are you interested in this specific position at this specific time? This is a unique opportunity to advise a city that has stability in leadership and whose city attorney and city manager have each served over two decades before deciding to retire. 2. Describe your current scope of responsibilities and explain how these responsibilities prepare you to take on the leadership and management responsibilities of the City Attorney position. I am the City Attorney for the City of Palm Bay; the city is self-insured, handles most litigation matter in house and the City Attorney’s Office includes the Risk Management Department. I have had to lead and manage litigation teams for land use, negligence, civil rights and workers’ compensation claims. My experience managing the Risk Management Department has helped me to identify, reduce and mitigate risk through a CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 2 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP safety program and coordination of a strong return to work program. The risk experience helps to reduce risk that may lead to costly litigation. 3. How is your current organization governed? If your experience includes employment with both public and private sector organizations, what do you see as the factors that differentiate working as a public sector attorney, versus for a law firm in the private sector providing legal services to local governments on a contractual basis? If you have worked for a private firm in that capacity, describe how your responsibilities might be different from and/or similar to a full-time attorney employed by local government. The City of Palm Bay has a Council-Manager form of government. 4. What has been your role in working with members of a governing body, collectively and individually? What steps do you take to support the governing body’s policy-making activities? I provide training to the body on Sunshine Law, Public Records and Land Use Law. In addition, I get direction from Council to draft ordinances, resolutions and agreements. I advise both collectively and individually on agenda issues. In addition, I provide individual advice to council members seeking to respond to constituents and to help them draft proposed legislation to be considered by Council. 5. Please describe any direct experience you have had in the following areas: a) land use/planning and zoning/annexation: I have drafted and revised ordinances in the land development code, moratorium, agreements related to easements (establishing or vacating), and advised Growth Management, Planning & Zoning and City Council on zoning and land use issues. b) economic development, development agreements and incentives: I have reviewed and drafted development agreements c) civil/criminal litigation: served as sole counsel or lead counsel prosecuted foreclosures and civil asset forfeitures; defended Section 1983 lawsuits, City’s Sexual Predator and Offender Ordinance, challenges to land use and zoning changes, contract disputes, bid protest, and negligence claims. I have also defended 30 jury trials and 15 non-jury criminal trials. d) contract law: drafted or significantly revised contracts for solid waste, utility services, off- duty details, hold harmless agreements and other service contracts. e) employment law: drafted and revised administrative regulations, employment contracts, severance agreements and Whistle Blower policies. I have also provided legal advice on COVID policies, last-chance agreements, FMLA, ADA, discipline and interpretations of collective bargaining agreements. f) open records: provided training to boards, Council and employees on public records. I have also provided training to other Cities and training on law enforcement public records law. g) intergovernmental relations/lobbying: drafted and negotiated interlocal agreements with the school board to provide school resource officers, interlocal/mutual aid agreements for concurrent enforcement zone h) constitutional law: provided legal opinions on First Amendment issues such as employee political speech, sign code, noise ordinance, invocations and panhandling issues. I have also advised on Fourth Amendment search and seizure and Fourteenth Amendment due process issues often related to quasi-judicial hearings. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 3 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP i) public finance and debt issuance: I have hired bond counsel and supervised out-side counsel with bond issuance and provided City Attorney Opinion letters. Click or tap here to enter text. 6. How would you manage the role of the City Attorney as the chief legal advisor to City Council with the corollary obligation to provide legal advice and work collaboratively with the City Manager and key staff? If a conflict of interest arose, how would you resolve it? The role of the City Attorney is to provide legal advice, whereas the City Manager role involves setting policy. It is important to understand the City Manager and department head’s objective and relevant facts to determine the legal framework for how the objective may be accomplished. There may be multiple ways to accomplish the objectives that are legally permissive; the key is to provide alternative paths when possible, to establish open communication and defer to the City Manager on matters that are strictly policy. I would identify the conflict, address the conflict with the City Manager and obtain an opinion from the Florida Commission on Ethics if necessary. 7. If the City Council, City Manager or a department director were to disregard your legal advice or opinion on a matter, how would you approach resolution? The City Attorney provides advice it is Council or the City Manager’s (or those acting on behalf of the City Manager) decision whether to follow the advice. The resolution would involve an assessment of the risk to the City by the decision to act against the advice of counsel and determination whether there are any ways to mitigate the risk. 8. What is your approach to deciding when you advise the City Council to bring in outside legal counsel? In that event, how do you manage the cost most effectively? I use outside legal counsel on specialized matters such as bond or appeals and matters that my office may not be able to handle due to other time commitments. I manage costs by doing as much fact-finding as possible and meeting with staff to narrow the issues and scope of the representation needed. 9. Describe a professional accomplishment which you consider to be innovative, creative and forward-thinking. I was instrumental in bringing police liability claims in house and personally defending our law enforcement officers. When the City was fully insured, often claims were settled as business decisions. Over time, constantly settling frivolous claims adversely affected officer morale and made the city the target of plaintiffs and plaintiff counsel seeking to make a quick buck. I indicated to the Chief and other members that there still may be times when a settlement is a prudent business decision, however, I would zealously advocate for them and the City. As a result, the City and individual officers were often dismissed and the city became less of a target for frivolous lawsuits because it was known that the City would aggressively defend. This decision not only increased morale in resulted in reduced payouts and claims against police officers. 10. Describe your approach to employee development, performance evaluation and succession planning within the City Attorney’s Office. I encourage employees to continually train to improve their knowledge and skills. I subscribe to continuing education providers that provide webinars and on-demand lectures at cost efficient prices. In addition, I am a firm believer in the benefit of cross training staff. In addition to training, I seek to provide continual feedback on positive performance and needed improvement as well as improvement opportunities to address deficiencies. Cross training staff and providing deputy city attorneys experience with advising boards and knowledge of my role and responsibilities aids in a seamless transition. 11. What steps have you taken in your organization to build a culture that fosters teamwork, communication, and an appreciation for diversity? CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY PAGE 4 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP I have worked with City Council, City Manager and Parks and Recreation on sponsorships of cultural programs and events. 12. Beyond the provision of Florida’s sunshine statutes, what is the City Attorney’s role to ensure openness and transparency in the operations and activities of the municipal organization? Developing policies and procedures that promote openness and transparency; reviewing memos and supporting documents for Council agendas to ensure sufficient information is provided so Council and the public understand the process by which staff reached their decision, the cost and funding source. 13. Tell us about the feedback you have received from peers, supervisors, and subordinates with whom you work regarding your strengths as a professional leader and manager. I have received feedback describing me as a hard worker, zealous advocate, out-of -the box thinker who considers multiple views and is skilled at finding the middle ground and making people feel that their concerns have been heard. 14. Describe the feedback you have received from peers, supervisors, and subordinates with whom you work regarding areas where you need improvement. I am highly analytical, and goal and oriented and in the past was described as providing accurate legal advice but delivering it too “matter of factly.” I have worked to understand those circumstances in which I need to be more empathetic or actively listen to non-linear dialogue and seek to understand how the speaker relates ideas and concepts. 15. Describe any other areas of expertise or experiences that are relevant to this position that have not been addressed in previous questions. I have expertise in sovereign immunity and immunity defenses. I have successfully argued immunity defenses in federal and state litigation. CITY OF CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY 2020© THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION. THIS DOCUMENT OR ANY PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF BAKER TILLY US, LLP UNDER FLORIDA’S PUBLIC RECORDS ACT, INFORMATION FROM YOUR APPLICATION IS SUBJECT TO PUBLIC DISCLOSURE AT ANY POINT IN THE RECRUITMENT PROCESS. Name: Patricia D. Smith 1.What are your salary requirements? $220,000-$240,000. 2.If selected for the City Attorney position, what is the length of notice you must give to your current employerand when will you be available to start employment with the City of Clearwater, FL? One month. 3.Have you been subject to any disciplinary actions, including suspension, probation, or demotion in your adultworking career through your employer, a professional association, or licensing agency? If so, please explainthe circumstances. Yes No 4.Have you been dismissed, asked to resign, or accepted a mutual separation agreement and/or severance?If so, please explain the circumstances. Yes No 5.Is there anything about your professional or personal conduct that could be potentially embarrassing to a future employer or could impair your ability to perform your work, if it were learned at a later time? If so,please explain the circumstances. Yes No 6.Have you ever been the subject of media reports, social media, YouTube and/or blogs in the communitieswhere you have been employed that make adverse statements about your work? (It is advisable andimportant that you disclose any issues and explain the situation at this time.) Yes NoRaisedonhoecakes.com. The blog often times seeks to connect me to decisions of the prior City Attorney(payment of a bonus to collegue), hold me responsible for legal decisions that councilmembers make that thewriters disagree (i.e. seeking the resignation of a prior city manager) or disagreement with City policy that digital media presentations be provided to IT to ensure there are no viruses (the material is not reviewed forcontent and the policy does not restrict the use of signs or other presentation material that does not have tobe downloaded on the City's network). I understand that if reliable information arises contrary to my above responses I could be disqualified from further consideration. Signature Date 7/20/2021