Loading...
08/24/2021 - SpecialTuesday, August 24, 2021 8:30 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 August 24, 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 (August 23) 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 Discuss city attorney candidates and next steps. 4. Closing comments by Councilmembers (limited to 3 minutes) 5. Closing Comments by Mayor 6. Adjourn Page 2 City of Clearwater Printed on 8/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9624 Agenda Date: 8/24/2021 Status: Other CouncilVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Discuss city attorney candidates and next steps. SUMMARY: Page 1 City of Clearwater Printed on 8/20/2021 8219 Leesburg Pike Suite 800 ● Tysons, VA 22182 ● 703.923.8300 ● www.bakertilly.com PRESENTED TO CITY OF CLEARWATER, FLORIDA FINALIST REPORT CITY ATTORNEY TUESDAY, AUGUST 17, 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: August 17, 2021 Subject: Clearwater, Florida City Attorney Search On behalf of Baker Tilly, we are pleased to transmit this Finalist Report to the City of Clearwater. We received 15 applications in response to the posting for the City Attorney position and eight candidates were presented to the City Council on July 26, 2021. Five candidates were invited to interview. Finalist Report. Information presented in the Finalist Report includes: •Recruitment brochure which described the qualifications and desired capabilities for the City Attorney •Interview schedule •Interview guide which explains the types of questions that should be avoided in an interview •Candidate materials o Cover letter o Resume o Candidate questionnaire o Application addendum o Candidate narratives of their most significant professional achievement, and a critical problem they have encountered in their professional work with their analysis of the situation, the solution, and the outcome o Gap report o Structured interview questions 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 A briefing will be conducted following the final interview to obtain feedback from the City Council and discuss next steps. Gap Report Earlier in the search, we created a detailed benchmark for the City Attorney position based on a compilation of City Council responses on a questionnaire related to successful performance in the City Attorney position. In turn, the candidates completed a companion questionnaire. We have compared the candidates’ responses to the benchmark to identify possible gaps in their leadership and management styles. While there are no right or wrong management styles, understanding how candidate competencies, driving forces, and behaviors compare to the benchmark can help determine a candidate’s fit with the position. In viewing the summary Gap Report, please remember that scores are based on standard deviations and not percentages. Scores are color-coded and assess the candidate’s compatibility as follows: Blue Exact match Green Good compatibility Yellow Fair compatibility Red Poor compatibility Interview Process Council interviews are being conducted in-person. Interview questions are included within each candidate’s materials. Next Steps A briefing will be conducted following the final interview to obtain feedback from the City Council and discuss next steps. TABLE OF CONTENTS •RECRUITMENT BROCHURE •INTERVIEW SCHEDULE •INTERVIEW GUIDE •CANDIDATE 1 – ALEKSANDR BOKSNER •CANDIDATE 2 – DAVID MARGOLIS •CANDIDATE 3 – BARNABY MIN •CANDIDATE 4 – MATTHEW SMITH •CANDIDATE 5 – 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/ INTERVIEW SCHEDULE CLEARWATER, FLORIDA EXECUTIVE RECRUITMENT – CITY ATTORNEY INTERVIEW SCHEDULE Monday, August 23, 2021 One-on-One Interviews Opal Sands Hotel on Clearwater Beach Mayor Hibbard Councilmember Bunker Councilmember Beckman Councilmember Allbritton Councilmember Hamilton 8:00 - 9:00 am Aleksandr Boksner Patricia Smith David Margolis Barnaby Min Matthew Smith 9:05 - 10:05 am Patricia Smith David Margolis Barnaby Min Matthew Smith Aleksandr Boksner 10:10 - 11:10 am David Margolis Aleksandr Boksner Matthew Smith Patricia Smith Barnaby Min 11:15 - 12:15 pm Barnaby Min Matthew Smith Aleksandr Boksner David Margolis Patricia Smith 12:20 - 1:20 pm Matthew Smith Barnaby Min Patricia Smith Aleksandr Boksner David Margolis 1:30 – 2:30 PM Meet and Greet with Department Heads (Tentative) Tuesday, August 24, 2021 Group Interviews City Council Chambers Clearwater Main Library at 100 N Osceola Ave 8:30 - 9:15 am Aleksandr Boksner 9:20 - 10:20 am David Margolis 10:30 – 11:30 am Barnaby Min 11:30 – 11:45 am Break 11:45 – 12:45 pm Patricia Smith 12:50 – 1:50 pm Matthew Smith 1:50 – 2:50 pm City Council Reviews Candidates and Next Steps 6:00 pm (if needed) Possible “Special City Council Meeting” Review Candidates, Negotiation Parameters and Authorize Commencement of Negotiations with Selected Candidate INTERVIEW GUIDE Interview Guide Introduction The structured interview can be the best tool for evaluating candidates, particularly in today's litigious society. This section has been prepared to assist interviewers by providing guidance and suggestions for interviewing candidates. Legal Issues In preparing for the discussion with the candidate, it is important to remember the interview is a very critical part of the employment process and is covered by anti-discrimination laws. Summary of Protected Classes The purpose of state and federal laws regarding discrimination in employment is to ensure hiring decisions are based upon the applicant’s ability to perform the job, not on arbitrary factors unrelated to job performance. In general, it is unlawful to base a decision to hire or not hire an applicant on any of the following criteria: race, color, creed, religion, national origin, gender, marital status, familial status, disability, public assistance, age, sexual orientation, or local Human Rights Commission activity. Questions based upon any of these elements may open an employer to potentially costly claims for discrimination. It is illegal to base a decision on one of these criteria, even if the information is obtained outside of the interview process, or inadvertently during the interview. The development of specific interview questions not only assures all important aspects of the job are covered during the interview, it helps to ensure that interviewers avoid potentially dangerous subjects. Illegal Interview Questions to Avoid Various federal and state laws regulate questions that the employer can ask a candidate. Interview questions must be related to the job the candidate has applied for. The interviewer’s focus must be: “What do I need to know to decide whether or not this person can perform the functions of the job?” Examples of illegal questions are listed on the following page. This is not, by any means, a complete list, but can serve as a guide for types of questions to avoid. Interview Guide 1. National Origin/Citizenship · Avoid questions about where the applicant or the applicant’s parents were born. · Avoid inquiries about an applicant’s name such as asking the derivation of one’s last name. 2. Age · Avoid questions about age/date of birth. · Do not ask a candidate when he or she graduated from high school/college. · Avoid asking about dates of military service. 3. Gender · Avoid asking questions related to an applicant’s gender or gender identity. 4. Race/Color · Avoid questions regarding an applicant’s race. · Avoid questions or comments regarding color of hair, eyes, skin, etc. 5. Marital/Family Status · Avoid questions about marital status. Do not ask applicants if they are single, married, or divorced. · Avoid asking whether an applicant’s spouse is employed or about the occupation of the applicant’s spouse. · Do not ask if the applicant has any children. 7. Salary History · Avoid inquiries related to the candidate salary history and/or compensation to comply with pay equity legislation. 8. Religion or Creed · Avoid inquiries into an applicant’s religious denomination, religious affiliations or religious holidays observed. · Applicants may be asked if they are available to work on Saturday or Sundays, if needed. 9. Affiliations · Avoid asking applicants to list all clubs, societies and lodges to which they belong. · Avoid any information which would solicit information on the race, color, religion, national origin or ancestry of its members. 10. Disabilities · Avoid this area entirely. Pre-job offer medical inquiries are prohibited! Do not ask if applicants smoke, are under a doctor’s care, if they have received disability insurance, about their general health condition, their workers’ compensation history, or if they have any disability conditions. 11. Arrest Record · Avoid inquiries; the background check will review the applicant’s criminal history, if it exists. 6. Sexual Orientation · Avoid all questions related to sexual orientation or sexual identity. Interview Guide Suggested Questions As you prepare for the interview, you may want to develop additional questions based upon your review of the candidate’s resume or the background material. Those candidate-specific questions might probe subjects such as: · Explanation of gaps in time; · Short tenure in position; · Explanations of apparent weaknesses in experience or education/training; and · Clarification on anything that is not clear. Interviewing Techniques In general, open-ended questions that require candidates to answer in sentences are preferable to closed- ended questions that can be answered with one word or “yes” or “no” answers. Open ended questions encourage the applicant to: · Express goals, values, qualifications, or feelings; · Exhibit his/her ability to communicate; · Provide additional information regarding experience and background; and · Probe “choice points”. Examples of open-ended questions include: · How do you handle...? · What do you do if...? · How do you feel about...? · What have you found to be successful in handling...? · What are some examples of success in...? Limited use of directive (closed-ended) questions can be used to gather information that is factual and objective. As the interview proceeds, it is important to note the candidate’s answers in addition to how content of the message is delivered. Body language and tone of voice are particularly important factors to notice. Probe for as many details as possible such as names, dates, and other verifiable information when necessary. It is also a good idea to ask candidates for their thoughts and feelings about a situation. Interview Guide Additional Questions Often candidates may be somewhat brief in their responses. If you feel a need for additional information, the use of probing questions such as the following can draw out additional information: · Why did you say that? · Can you think of an example of that situation? · Is there something noteworthy in your experience in this area? Other Considerations Other considerations include how the candidate handles the stress of the interview and whether he or she appears to be avoiding some area(s) of inquiry. Immediately after the interview, it will be helpful to note your overall feeling about the discussion and how you feel about the candidate. Remember, the best predictor of success in any position is previous success in the same or similar position. Look for information on accomplishments and things the applicant has actually performed. CLEARWATER, FLORIDA – CITY ATTORNEY INTERVIEW APPRAISAL FORM Key Aleksandr Boksner David Margolis Barnaby Min Matthew Smith Patricia Smith N: Needs Improvement Q: Qualified S: Superior COMPETITIVE FACTORS N Q S N Q S N Q S N Q S N Q S 1. General Impression: Energy, confidence, dependability, and initiative. Conveys a strong interest in the position, the organization and the City. Demonstrates integrity and effective interpersonal and communication skills. 2. Big Picture Focus: Provides a strategic long-term focus; actively inspires and engages others; receptive to new ideas. 3. Effective Working Relationships: Appears to be able to work effectively with City Council; indicates that they will provide information/options that support City Council policy-making; helps City Council identify areas of agreement. 4. Financial Management: Strong working knowledge of finance and fiscal planning; can link City goals to budgets; can promote financial sustainability. 5. Experience In Developing and Delivering Legal Opinions: Provides explanations of their legal advice along with legally supportable alternative courses of action understanding the risk associated with each; knowledge of Florida law. 6. Organizational Leadership: Can ensure organizational alignment is consistent with adopted strategic goals; can delegate effectively providing clear expectations, providing performance feedback; and holding staff accountable; develops staff; has comfort level working virtually. 7. Policy Development to Support Strategic Planning Experience: Experience addressing and negotiating complex issues related to strategic long-term planning; development and execution of strategic goals. 8. Building Partnerships: Has built effective relationships and partnerships with stakeholders such as regional governments and agencies, non-profits, private sector partners, educational institutions; demonstrates excellent negotiation skills and the ability to achieve compromise. 9. Personal Leadership Style: Appears to be highly ethical, with unquestionable integrity, appears to remain calm under pressure, can maintain individual confidential information and sensitive data; authentic (someone who walks the talk). Key D: Do Not Recommend R: Recommend H: Highly Recommend Aleksandr Boksner David Margolis Barnaby Min Matthew Smith Patricia Smith OVERALL CANDIDATE RATING 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 affect ing 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 @ akertitly CLEARWATER, FLORIDA CITY ATTORNEY PROFESSIONAL NARRATIVE NAME: ALEKSANDR BOKSNER PROFESSIONAL ACHIEVEMENT Please prepare a narrative of your most significant professional achievement from either your current or a previous organization. Please limit your narratives to no more than one page. I had previously identified a significant professional achievement within the Candidate Questionnaire, which was certainly a notable accomplishment in my professional employment with the City of Miami Beach. However, I have had the privilege of having several professional achievements, and the below are two (2) of the most significant. l. The City of Miami Beach's transient rental ordinances were enacted to prohibit the daily, weekly and monthly renting of residential properties in specified residential zoning districts of the City in order to further facilitate the protection of the residents' quality of life concerns and to preserve the character and nature of their neighborhoods. To effectuate this intent, I drafted legislation for enactment by the Mayor and City Commission, which expressly established regulatory requirements that obligated each property owner to obtain a resort tax certificate and business tax receipt prior to the listing or advertisement of any residential home or apartment on a web-based hosting platform (e.g., Airbnb, HomeAway, VRBO, etc.). Equally important, this legislation mandated that the web-based hosting platform(s) were legally prohibited from permitting any property owner to list their residential property, unless the resort tax certificate and business tax receipt are disclosed within the listing itself and prominently displayed on the actual listing within the web-based hosting platform's website. One (1) such hosting platform, Airbnb, sought to invalidate the City's Ordinance based upon the Communications Decency Act, and filed a federal lawsuit seeking to permanently enjoin the enforcement of this Ordinance. In handling the litigation, the City filed its motion to dismiss the federal lawsuit, and pursuant to the clear precedent established by the legal authority set forth in the motion, Airbnb agreed to comply with the requirements of the Ordinance and pay the City $380,000 for its attorneys' fees that were expended in defense of the lawsuit. 2. For years, the Mayor and City Commission were inundated with numerous resident complaints about the enforcement of the City's criminal and civil code violations, which included the lack of true prosecution of these quality of life offenses before either the City's Special Magistrates or the misdemeanor judges of the 11" Judicial Circuit Court (Miami-Dade County). In response to the policy directives of the City Commission surrounding the enforcement and prosecution of the violations of the City Code, I established the City of Miami Beach's Municipal Prosecutor Program (the "Program"), which commenced the "in-house" prosecution of these violations on January 8, 2018. The City of Miami Beach is the only municipality in Miami-Dade County that has established a Municipal Prosecutor Program. The Program has yielded an impactful 81.4% prosecution success rate, as compared to the Miami-Dade State Attorney's Office (the "Miami-Dade SAO"), which achieved less than a 6% prosecution success rate during that time when the Miami-Dade SAO was solely responsible for prosecuting the City's municipal ordinance violations. Consequently, the Program has generated a 75.4% increase in the successful prosecution ofthe City's quality of life offenses. In order to initially establish and implement the Program, I had to successfully navigate numerous preliminary legal and procedural challenges and, as such, the City's Municipal Prosecutor Program continues to actively prosecute these violations as it has since January 8, 2018. @ akertitly CLEARWATER, FLORIDA CITY ATTORNEY PROFESSIONAL NARRATIVE CRITICAL PROBLEM Please prepare a narrative of a critical problem that you have encountered in your professional work, your analysis of the situation, the solution, and the outcome. Please limit your narrative to no more than one page. In the summer of 2020, a Miami Beach Commissioner contacted me to discuss concerns regarding the negative impacts surrounding the operation of certain types of vehicles, specifically, Slingshots ("autocycles") and various other vehicles that were being rented and operated by tourists within the City. The Commissioner had received numerous complaints about the operation of these vehicles within the City, and requested the drafting of legislation making it a criminal violation to operate any such vehicle(s) in the City. In analyzing this matter, I realized that Chapter 316 Fla. Stat., contains two (2) broad preemption provisions that would be directly implicated by any proposed legislation, and would expose the City to legal and financial risks by the enactment of such an ordinance. Specifically, the first preemption is set forth within Fla. Stat. 316.002, which prohibits municipalities from enacting ordinances that conflict with state traffic laws; and the second preemption can be found within Fla. Stat. 316.007, which prohibits municipalities from enacting ordinances on any matters covered by Chapter 316 absent express authorization. Therefore, in recognition of the potential risks with enacting legislation that criminally prohibits the operation of these vehicles, I commenced further analysis in assessing the potential impacts of the underlying complaints, in order to gather and review additional information to identify an alternative solution for the Commissioner and the complaints received surrounding these autocycles. I spoke with the Police Chief, Code Compliance Director, various residents, and other attorneys within the Office to identify different solutions for the Commissioner. I drafted several ordinances which directly impacted the availability and regulated the conduct of these vehicles. First, an ordinance was enacted that expanded the City Manager's authority to order the immediate suspension and closure of those business entities renting certain vehicles (golf carts, low- speed vehicles, autocycles or motorized scooters) upon the City Manager's declaration of a high impact period. Second, an Ordinance that prohibited any person or business entity from bringing or delivering within the City any autocycle, golf cart, low-speed vehicle, moped, motorcycle or motorized scooter for the purpose of renting such vehicle to the general public. Moreover, by prohibiting the deliveries of these vehicles, and thereby eliminating the convenience to customers desiring to have the vehicles brought to them at any location within the City, the prohibition on deliveries advanced the Commissioner's objective of reducing the proliferation of these types of vehicles and the associated nuisance conduct such use creates within the City. Lastly, I drafted a Land Development Regulation for adoption, which amended those permitted uses within the City's zoning districts for the purpose of prohibiting future persons and business entities from engaging in the rental of certain identifiable vehicles, including motorized bicycles, golf carts and low speed vehicles. Those ordinances addressed the quality of life concerns raised by many of the City's resident, pertaining to the presence of businesses within the City that rent such vehicles, and continued to result in a large number of violations of State and local laws, and generated a great deal of complaints of dangerous and reckless conduct. The Commissioner was very satisfied with the enactment of these additional ordinances, and the City has commenced the process of improving those conditions within the City. Comparison Analysis For Consulting And Coaching Job Competencies Hierarchy Zone Range Person Primary Driving Forces Cluster Zone Range Person Job Behavioral Hierarchy Zone Range Person Aleksandr Boksner Clearwater, Florida – City Attorney Interview Questions August 24, 2021 Candidate Name: ________________________ 1. We want to welcome you to the City of Clearwater and thank you for meeting with us. Let’s begin with having you describe what you see as the role of the City Attorney to the City Council, the City Manager and department heads. a. (Optional follow-up) What role can the City Attorney play to support City Council policy- making? b. (Optional follow-up) What opportunities do you foresee with a new City Manager and a new City Attorney coming on board within a relatively short period of time? 2. If you are selected for this position, what would be your “plan of attack” or the first things you would do? 3. Based on your knowledge of the City of Clearwater, what do you feel will be the most significant challenges for a new City Attorney? How would you propose to meet those challenges? 4. Describe a challenging negotiation where you had to protect the locality’s interest and bring an economic development deal/project to completion – a win/win? What did you give up in order to ensure the project landed in your community? 5. This is a two-part question. Tell us about your experience leading and managing people and describe the approach you will use to organize and staff the City Attorney’s Office. a. (Optional follow-up) How do you delegate authority to your staff and hold them accountable for results? b. (Optional follow-up) What steps have you taken to develop and grow the members of your legal team? c. (Optional follow-up) Describe your background managing outside counsel. What is your approach in recommending times to bring in outside legal expertise or to handle the work with in-house staff? 6. Tell us about a situation that you managed in which you helped a government entity avoid litigation. a. (Optional follow-up) How do you develop and maintain effective and workable checks and balances between the Attorney’s Office and operating departments? 7. What is the most challenging situation you have handled related to land use, planning and development? 8. Tell us about a situation that demonstrates your ability to handle sensitive political issues and problems. 9. Please describe a situation in which you had to deal with or provide advice concerning unacceptable behavior involving a City employee in the work place or on the job. 10. What role do you think that the City Attorney can play in the overall management structure in Clearwater and how would you make that role as effective as possible? 11. Describe mechanisms that you have put in place to improve responsiveness to citizen inquiries or service requests from elected officials. 12. How would you, as City Attorney, keep the staff of the City aware of new legislation and potential legislation that might affect the City of Clearwater? 13. This is your time to ask the interview panel questions. Or please use this time to discuss any additional information about your background or to make a closing statement. Closing question 1. Do you have any questions for us or would you like to make a closing statement? CANDIDATE 2 – 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 litigation outcomes • 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 Service Board (2021 administration) • Author: “From Policing to Parenting,” Police Chief Magazine, published by the International 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 and internal 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 (combined budget 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 and public- 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. CLEARWATER, FLORIDA CITY ATTORNEY PROFESSIONAL NARRATIVE NAME: David Margolis PROFESSIONAL ACHIEVEMENT Please prepare a narrative of your most significant professional achievement from either your current or a previous organization. Please limit your narratives to no more than one page. A lawyer’s accomplishments can be measured in different ways. If measured by client satisfaction, I was tasked by the Florida Department of Law Enforcement (FDLE) and the Florida Attorney General with managing a complex and politically sensitive series of fifty-seven interrelating civil racketeering cases. For these efforts, I was given FDLE’s annual “Contribution to Criminal Justice” award – the highest civilian honor available. I also received a separate thank you from the sitting Governor. It was one of the proudest moments of my career. If success is measured in economic impact, I can point to several tourism-related initiatives in which I’ve played a part. I am also pleased to have represented more than one city in collective bargaining. Because personnel costs represent a majority of general fund expenditures, the financial importance of savvy union negotiations cannot be overstated. If success is measured by electoral impact, I was proud to represent the Orange County Clerk of Court while she and other constitutional officers challenged the legality of an Orange County charter amendment. We ultimately prevailed 6-1 at the Florida Supreme Court. Sometimes success is measured by steady leadership during challenging times, rather than a specific noteworthy event. Throughout covid-19, for example, I led the public safety legal team with a high degree of independence. I found creative ways to comply with City-wide directives including remote work and hybrid schedules, all while providing a high degree of employee satisfaction, employee safety, and client service to constituent departments that could not work remotely themselves. Finally, when a lawyer represents a governmental organization or an elected official, success can be measured in stories that never came to pass – liability we prevented, exposure we minimized, political disaster we avoided, or negative press coverage that turned positive. Because I have worked on several high profile issues, I have developed a keen sense for these landmines and how to advise government in stepping over them gently. CRITICAL PROBLEM Please prepare a narrative of a critical problem that you have encountered in your professional work, your analysis of the situation, the solution, and the outcome. Please limit your narrative to no more than one page. CLEARWATER, FLORIDA CITY ATTORNEY PROFESSIONAL NARRATIVE The City of Orlando provides a generous retirement plan for public safety. Among other benefits, members of the fire department or police department receive an 80% pension if they become permanently unable to perform as a firefighter or police officer. This benefit is awarded regardless of age or years of service. The generosity of the benefit, combined with an informal and fairly easy burden of proof, incentivizes OPD and OFD members to apply for disability pensions even when the evidence is questionable. Previous City leaders recognized that this system could result in a large number of pension plan members drawing substantial benefits at an early age, thereby destabilizing the fund. To solve that problem, they adopted an ordinance that allows for the denial of a disability pension if the department head offers (and the applicant is capable of performing) a light duty or sedentary assignment within the department. This assignment would be permanent, with no reduction in pay or benefits. This strategy, which helped ensure the stability of the City’s pension plans, had become well-established before I was hired. Over time, however, it caused a different problem. The City had accrued a substantial number of full-time employees who remained on payroll, at the expense of general fund, without performing the regular duties expected of their position. It affected the morale of other employees, who began resenting the light duty employees. The light duty personnel themselves were unhappy, since they had sought a disability pension, only for that pension to be denied when they were forced to continue working (albeit in a light duty role). Their unhappiness often caused them to submit ADA requests, some of which had evolved into lawsuits, exposing the City to further liability. The strategy of permanently assigning individuals to light duty also endangered public safety by filling public safety positions with individuals who are physically unable to meet the full demands of the role. This problem needed to be solved – without endangering the stability of the pension plan or requiring significant concessions in collective bargaining. Faced with competing priorities, I began by researching the history of the problem, and the reasons behind the current strategy. We ultimately solved the problem by (1) refraining from offering permanent light duty, and (2) the City Attorney’s office began fully litigating pension applications, to ensure that each application is scrutinized by the pension board. This solution has proven simple and effective. We accomplished the main goal of ensuring that all full-time, permanent members are capable of performing the job they are paid to perform. In addition, our willingness to litigate pension cases has protected the fund from dubious claims. These strategies did not require bargaining with the union, and therefore no concessions were made. As an added benefit, our new approach caused one union to suggest changes in the plan. In the future, the City will have the option to accept their proposal in return for other concessions, or reach a different agreement altogether. The union had no reason or incentive to raise the topic before. A different tactic has now opened a new avenue for mutual agreement. Comparison Analysis For Consulting And Coaching Job Competencies Hierarchy Zone Range Person Primary Driving Forces Cluster Zone Range Person Job Behavioral Hierarchy Zone Range Person David Margolis Clearwater, Florida – City Attorney Interview Questions August 24, 2021 Candidate Name: ________________________ 1. We want to welcome you to the City of Clearwater and thank you for meeting with us. Let’s begin with having you describe what you see as the role of the City Attorney to the City Council, the City Manager and department heads. a. (Optional follow-up) What role can the City Attorney play to support City Council policy- making? b. (Optional follow-up) What opportunities do you foresee with a new City Manager and a new City Attorney coming on board within a relatively short period of time? 2. If you are selected for this position, what would be your “plan of attack” or the first things you would do? 3. Based on your knowledge of the City of Clearwater, what do you feel will be the most significant challenges for a new City Attorney? How would you propose to meet those challenges? 4. Describe a challenging negotiation where you had to protect the locality’s interest and bring an economic development deal/project to completion – a win/win? What did you give up in order to ensure the project landed in your community? 5. This is a two-part question. Tell us about your experience leading and managing people and describe the approach you will use to organize and staff the City Attorney’s Office. a. (Optional follow-up) How do you delegate authority to your staff and hold them accountable for results? b. (Optional follow-up) What steps have you taken to develop and grow the members of your legal team? c. (Optional follow-up) Describe your background managing outside counsel. What is your approach in recommending times to bring in outside legal expertise or to handle the work with in-house staff? 6. Tell us about a situation that you managed in which you helped a government entity avoid litigation. a. (Optional follow-up) How do you develop and maintain effective and workable checks and balances between the Attorney’s Office and operating departments? 7. What is the most challenging situation you have handled related to land use, planning and development? 8. Tell us about a situation that demonstrates your ability to handle sensitive political issues and problems. 9. Please describe a situation in which you had to deal with or provide advice concerning unacceptable behavior involving a City employee in the work place or on the job. 10. What role do you think that the City Attorney can play in the overall management structure in Clearwater and how would you make that role as effective as possible? 11. Describe mechanisms that you have put in place to improve responsiveness to citizen inquiries or service requests from elected officials. 12. How would you, as City Attorney, keep the staff of the City aware of new legislation and potential legislation that might affect the City of Clearwater? 13. This is your time to ask the interview panel questions. Or please use this time to discuss any additional information about your background or to make a closing statement. Closing question 1. Do you have any questions for us or would you like to make a closing statement? CANDIDATE 3 – 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 employer and when will you be available to start employment with the City of Clearwater, FL? I would request at least one month's of notice and more if possible. Thus, if the position were offered today, the start date would be August 19, 2021 at the earliest. 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 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 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 The question of the 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. I made an example of how an activity that is illegal cannot be made "legal" just because someone without the authority says it is. The example I used was pedophilia. Socail media mischaracterized that comment and stated 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 made against me. While I regret the conduct from over a decade ago, no actual finding was ever made against me and 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 CLEARWATER, FLORIDA CITY ATTORNEY PROFESSIONAL NARRATIVE NAME: Barnaby L. Min PROFESSIONAL ACHIEVEMENT Please prepare a narrative of your most significant professional achievement from either your current or a previous organization. Please limit your narratives to no more than one page. While there are many achievements I have obtained professionally, most recently and most notably is the move to make the City of Miami Office of the City Attorney paperless. This initiative first started when I became Deputy City Attorney in October 2013. As the Deputy in charge of the administration of the Office, I was charged with the responsibility of implementing this initiative. This required investing in upgraded hardware, investing in appropriate software programs, identifying personnel to administer the program, and training all employees. The main challenges that were presented included encouraging employees to embrace change, especially those who have been very dependent on paper their entire careers, and encouraging the City Attorney to also go paperless as leadership starts from the top and I believe she sets the example for all employees to follow. I believe this initiative was very successful, especially with the onset of the COVID-19 pandemic. No one anticipated shutting down our Office for an extended period of time; however, the transition was incredibly smooth with absolutely no hiccups. Beginning on March 13, 2020, employees were able to work remotely, file documents electronically, conduct meetings virtually, and research electronically. I believe all of this was such a smooth transition because of the initiative we had taken to make the Office paperless. I believe that our Office was the leader for the City of Miami and set standards that all other departments sought to follow during the pandemic. CRITICAL PROBLEM Please prepare a narrative of a critical problem that you have encountered in your professional work, your analysis of the situation, the solution, and the outcome. Please limit your narrative to no more than one page. One of the must significant issues I have faced with the Office of the City Attorney was early on in my tenure. The City of Miami is led by a five-member Commission. During an election year, two Commissioners resigned in order to run for the Office of Mayor. Their resignations had effective dates of the date of the election in November. Around the time of the election, two Commissioners were arrested for various crimes and were removed from Office by the Governor. The elections resulted in runoffs. As a result, for a period of time, the Commission was composed of only one sitting Commissioner. We had to research case law, statutes, the City Charter, and the City Code to provide guidance and legal advice to the City Administration and the remaining Commissioner on how to proceed. In the end, we determined that the resignations of the two Commissioners who ran for the Office of Mayor were irrevocably and thus, they could not assist in appointing the replacements of the two Commissioners who were removed from office. We had to wait until the runoff elections were completed resulting in two new Commissioners being elected. Once the two new Commissioners were sworn into office, a legal quorum existed so that the three Commissioners could meet and appoint replacements for the two Commissioners that were removed by the Governor. We assisted the City’s Administration in advising what City business could continue and what would have to wait until either a full Commission existed or, at a minimum, a Commission composed of three members existed. This was a challenging CLEARWATER, FLORIDA CITY ATTORNEY PROFESSIONAL NARRATIVE time as it was obviously the first time the City of Miami had encountered this problem. I believe that our Office handled the situation well in that we were calm in our leadership and ensured that we researched and analyzed all avenues available. I believe because of our leadership, we were able to successfully guide the City of Miami through this tumultuous time. Comparison Analysis For Consulting And Coaching Job Competencies Hierarchy Zone Range Person Primary Driving Forces Cluster Zone Range Person Job Behavioral Hierarchy Zone Range Person Barnaby Min Clearwater, Florida – City Attorney Interview Questions August 24, 2021 Candidate Name: ________________________ 1. We want to welcome you to the City of Clearwater and thank you for meeting with us. Let’s begin with having you describe what you see as the role of the City Attorney to the City Council, the City Manager and department heads. a. (Optional follow-up) What role can the City Attorney play to support City Council policy- making? b. (Optional follow-up) What opportunities do you foresee with a new City Manager and a new City Attorney coming on board within a relatively short period of time? 2. If you are selected for this position, what would be your “plan of attack” or the first things you would do? 3. Based on your knowledge of the City of Clearwater, what do you feel will be the most significant challenges for a new City Attorney? How would you propose to meet those challenges? 4. Describe a challenging negotiation where you had to protect the locality’s interest and bring an economic development deal/project to completion – a win/win? What did you give up in order to ensure the project landed in your community? 5. This is a two-part question. Tell us about your experience leading and managing people and describe the approach you will use to organize and staff the City Attorney’s Office. a. (Optional follow-up) How do you delegate authority to your staff and hold them accountable for results? b. (Optional follow-up) What steps have you taken to develop and grow the members of your legal team? c. (Optional follow-up) Describe your background managing outside counsel. What is your approach in recommending times to bring in outside legal expertise or to handle the work with in-house staff? 6. Tell us about a situation that you managed in which you helped a government entity avoid litigation. a. (Optional follow-up) How do you develop and maintain effective and workable checks and balances between the Attorney’s Office and operating departments? 7. What is the most challenging situation you have handled related to land use, planning and development? 8. Tell us about a situation that demonstrates your ability to handle sensitive political issues and problems. 9. Please describe a situation in which you had to deal with or provide advice concerning unacceptable behavior involving a City employee in the work place or on the job. 10. What role do you think that the City Attorney can play in the overall management structure in Clearwater and how would you make that role as effective as possible? 11. Describe mechanisms that you have put in place to improve responsiveness to citizen inquiries or service requests from elected officials. 12. How would you, as City Attorney, keep the staff of the City aware of new legislation and potential legislation that might affect the City of Clearwater? 13. This is your time to ask the interview panel questions. Or please use this time to discuss any additional information about your background or to make a closing statement. Closing question 1. Do you have any questions for us or would you like to make a closing statement? CANDIDATE 4 – 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. Comparison Analysis For Consulting And Coaching Job Competencies Hierarchy Zone Range Person Primary Driving Forces Cluster Zone Range Person Job Behavioral Hierarchy Zone Range Person Matthew Smith Clearwater, Florida – City Attorney Interview Questions August 24, 2021 Candidate Name: ________________________ 1. We want to welcome you to the City of Clearwater and thank you for meeting with us. Let’s begin with having you describe what you see as the role of the City Attorney to the City Council, the City Manager and department heads. a. (Optional follow-up) What role can the City Attorney play to support City Council policy- making? b. (Optional follow-up) What opportunities do you foresee with a new City Manager and a new City Attorney coming on board within a relatively short period of time? 2. If you are selected for this position, what would be your “plan of attack” or the first things you would do? 3. Based on your knowledge of the City of Clearwater, what do you feel will be the most significant challenges for a new City Attorney? How would you propose to meet those challenges? 4. Describe a challenging negotiation where you had to protect the locality’s interest and bring an economic development deal/project to completion – a win/win? What did you give up in order to ensure the project landed in your community? 5. This is a two-part question. Tell us about your experience leading and managing people and describe the approach you will use to organize and staff the City Attorney’s Office. a. (Optional follow-up) How do you delegate authority to your staff and hold them accountable for results? b. (Optional follow-up) What steps have you taken to develop and grow the members of your legal team? c. (Optional follow-up) Describe your background managing outside counsel. What is your approach in recommending times to bring in outside legal expertise or to handle the work with in-house staff? 6. Tell us about a situation that you managed in which you helped a government entity avoid litigation. a. (Optional follow-up) How do you develop and maintain effective and workable checks and balances between the Attorney’s Office and operating departments? 7. What is the most challenging situation you have handled related to land use, planning and development? 8. Tell us about a situation that demonstrates your ability to handle sensitive political issues and problems. 9. Please describe a situation in which you had to deal with or provide advice concerning unacceptable behavior involving a City employee in the work place or on the job. 10. What role do you think that the City Attorney can play in the overall management structure in Clearwater and how would you make that role as effective as possible? 11. Describe mechanisms that you have put in place to improve responsiveness to citizen inquiries or service requests from elected officials. 12. How would you, as City Attorney, keep the staff of the City aware of new legislation and potential legislation that might affect the City of Clearwater? 13. This is your time to ask the interview panel questions. Or please use this time to discuss any additional information about your background or to make a closing statement. Closing question 1. Do you have any questions for us or would you like to make a closing statement? CANDIDATE 5 – PATRICIA SMITH Patricia D. Smith 227 Abernathy Circle SE Palm Bay, FL 32909 (321) 327-7164 Psmith09@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 plea bargains. 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 employer and 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 adult working 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 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 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 Raisedonhoecakes.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 the writers 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 for content and the policy does not restrict the use of signs or other presentation material that does not have to be 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 NAME: Patricia D. Smith PROFESSIONAL ACHIEVEMENT Please prepare a narrative of your most significant professional achievement from either your current or a previous organization. Please limit your narratives to no more than one page. As an attorney who has devoted my entire career to service in the public sector, the Florida’s Bar recognition of me as an expert in State and Federal Government and Administrative Practice and City, County and Local Government Law is my most significant professional achievement. Only 7% of Florida Bar attorneys are board-certified. I am one of only two attorneys, double board certified in State and Federal Government and Administrative Practice and City, County and Local Government Law. Board certified attorneys must demonstrate substantial experience and pass a rigorous examination to test subject matter knowledge. In addition, attorneys seeking board certification are evaluated for character and their reputation in the legal community. “Evaluated for Professionalism, Tested for Expertise,” attorneys seeking board certification in State and Federal Government and Administrative Practice, or City, County and Local Government Law must provide peer references, including references from judges. In turn, those references provide additional references to the Florida Bar. At the time I became board certified in state and federal government and administrative practice, applicants were required to demonstrate special competence in seven areas: 1. Florida Administrative Law, 2. Federal Administrative Law, 3. Procurement Law; 4. Florida Constitutional Law; 5. Federal Constitutional Law; 6. Florida and Federal Litigation; and 7. Florida and Federal Ethics, Sunshine and Public Records Law. Board certification in City, County and Local Government Law required applicants to demonstrate knowledge, skill, and judgment regarding ten topics: 1. Public Sector Liability, 2. Sovereign Immunity, 3. Civil rights, 4. Public Finance, 5. Procurement and Contracts, 6. Land Use and Zoning, 7. Eminent Domain, 8. Practice and Procedures before Local Government Legislative and Quasi-Judicial Bodies, 9. Sunshine Law and Public Records Law and 10. Home Rule and Exercise of Police Power. The combination of experience and testing in areas such as bid protests, torts, civil rights, due process, equal protection, and sovereign immunity increased City Council’s confidence in my ability to serve as the City’s chief legal officer. City Council recognized the value in having an in-house expert when questions from constituents arise or during a quasi- judicial hearing. Moreover, having a broad knowledge and skill base is critical when advising a self-insured entity to properly resolve claims and anticipate liability, in conjunction with financial auditors, to ensure the City maintains proper reserves. CRITICAL PROBLEM Please prepare a narrative of a critical problem that you have encountered in your professional work, your analysis of the situation, the solution, and the outcome. Please limit your narrative to no more than one page. During 2011-2012, the City of Palm Bay had one of the highest rates of foreclosures in the country. The City’s tax revenues were down resulting in layoffs and furloughs. Due to the dire financial outlook, each department was tasked with finding ways to increase efficiency while reducing costs. At this time, the City of Palm Bay was fully insured. The City Attorney’s Office had laid off one attorney and was operating with two full time attorneys, the City Attorney and Deputy City Attorney, and one part-time City Emeritus. Additional staff cuts were not feasible. Consequently, the City Attorney and I began to review the claims and settlements to determine if there was a way to reduce future risk to the City and manage existing claims without costly settlements. Everything we do involves risk and often obtaining insurance represents the easiest way to mitigate against risk. However, insurance premiums and limitations on the ability to fully control the disposition off claims, were creating tensions on the City’s already strained budget. The largest cost for the City at that time were insurance premiums driven by the type, frequency, and cost of resolving claims. Mr. Lannon and I decided on an incremental plan to transition the city away from being fully insured to save costs. During the first phase, all police liability and general liability matters were handled in house. Initially, I personally handled all police liability matters and torts. The defense of the police liability claims resulted in cases being dismissed without paying any “cost of defense” settlements. Moreover, as the City defended more cases, instead of settling frivolous cases, the City began to receive fewer frivolous claims. In addition, I took over all forfeiture cases thereby saving the forfeiture fund money by eliminating attorney fees. Although I am a trial attorney and I have a broad knowledge of multiple legal areas, I alone would not be able to handle all the City’s claims. As a result, we decided to hire an additional attorney. I was part of the panel in 2013 that recommended the hiring of a tort attorney with insurance knowledge who could help guide the transition process. The final phase involved the city becoming fully self-insured, selecting a third-party administrator (TPA), hiring a Workers’ Compensation Attorney, and moving the Risk Management Department from Human Resources to the City Attorney’s Office. I was largely responsible for recommending the hiring of the City’s first workers’ compensation attorney and our current risk manager. No program can eliminate employees getting hurt on the job or employees being unable to continue their employment because of their injury. However, the well-worn path of an employee being injured, remaining out of work an extended time, filing suit against the city resulting in a settlement and often separation from the city was costly. Most employees that are injured want to properly recover from their injury and return to work as soon as possible. Thus, it was critical to work with staff to create a successful return to work program that allowed employees to return to work consistent with their restrictions. The transition was a success! The City has achieved yearly savings ranging from 55%-80% of the amount expended for liability claims when the City was fully insured. In addition, due to the efforts of the City’s TPA and workers’ compensation attorney, the City has received over a million dollars in reimbursements from our excess carrier. Comparison Analysis For Consulting And Coaching Job Competencies Hierarchy Zone Range Person Primary Driving Forces Cluster Zone Range Person Job Behavioral Hierarchy Zone Range Person Patricia Smith Clearwater, Florida – City Attorney Interview Questions August 24, 2021 Candidate Name: ________________________ 1. We want to welcome you to the City of Clearwater and thank you for meeting with us. Let’s begin with having you describe what you see as the role of the City Attorney to the City Council, the City Manager and department heads. a. (Optional follow-up) What role can the City Attorney play to support City Council policy- making? b. (Optional follow-up) What opportunities do you foresee with a new City Manager and a new City Attorney coming on board within a relatively short period of time? 2. If you are selected for this position, what would be your “plan of attack” or the first things you would do? 3. Based on your knowledge of the City of Clearwater, what do you feel will be the most significant challenges for a new City Attorney? How would you propose to meet those challenges? 4. Describe a challenging negotiation where you had to protect the locality’s interest and bring an economic development deal/project to completion – a win/win? What did you give up in order to ensure the project landed in your community? 5. This is a two-part question. Tell us about your experience leading and managing people and describe the approach you will use to organize and staff the City Attorney’s Office. a. (Optional follow-up) How do you delegate authority to your staff and hold them accountable for results? b. (Optional follow-up) What steps have you taken to develop and grow the members of your legal team? c. (Optional follow-up) Describe your background managing outside counsel. What is your approach in recommending times to bring in outside legal expertise or to handle the work with in-house staff? 6. Tell us about a situation that you managed in which you helped a government entity avoid litigation. a. (Optional follow-up) How do you develop and maintain effective and workable checks and balances between the Attorney’s Office and operating departments? 7. What is the most challenging situation you have handled related to land use, planning and development? 8. Tell us about a situation that demonstrates your ability to handle sensitive political issues and problems. 9. Please describe a situation in which you had to deal with or provide advice concerning unacceptable behavior involving a City employee in the work place or on the job. 10. What role do you think that the City Attorney can play in the overall management structure in Clearwater and how would you make that role as effective as possible? 11. Describe mechanisms that you have put in place to improve responsiveness to citizen inquiries or service requests from elected officials. 12. How would you, as City Attorney, keep the staff of the City aware of new legislation and potential legislation that might affect the City of Clearwater? 13. This is your time to ask the interview panel questions. Or please use this time to discuss any additional information about your background or to make a closing statement. Closing question 1. Do you have any questions for us or would you like to make a closing statement?