HomeMy WebLinkAboutItem 01 City Attorney Office Evaluation
AGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
D~partment:
Staff Contact:
Staff Phone No:
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ITEM TITLE:
CITY ATTORNEY OFFICE EVALUATION
ACTION
REQUESTED:
June 18, 2007
Work Session
Human Resources
Bill Spiry
726-3787
30 Minutes
Review annual evaluation results with the. City Attorney firm of Leahy & Associates.
ISSUE
STATEMENT:
The results of the annual evaluation have been received, tabulated and are now ready
for Council review and discussion with the City Attorney's Office.
ATTACHMENTS: Attachment 1: City Attorney Office Annual Evaluation 2007
Summary of Evaluation Ratings
DISCUSSION/
FINANCIAL
IMPACT:
The firm of Leahy & Kieran received high marks recently during the annual review of
its performance of the city attorney duties which are summarized on Attachment 1.
Twenty evaluations were distributed; of those, 18 were returned indicating ratings of
excellent., good and did not observe. This annual evaluation represents the second
year of a three year contract which expires June 30, 2009.
Staff and the City Attorney's Office are currently in discussions regarding hours and
rates for the fiscal year 2007/08. Following those discussions, staff will be presenting
a request for Council ratification of the City Attorney's contract on July 2.
SUMMARY 2007 Annual City Attorney Evaluation
1. General Legal Counsel
. Readily available and provides timely responses to requests for assistance.
. Provides written opinions that are clear and timely
. Anticipates potential legal issues.
. Provides oral opinions th~t are understandable and specifically address the issue.
. Helps to minimize and avoid litigation.
. Reviews council materials and is prepared to make appropriate recommendations.
. Responds to emergency priorities.
18 Excellent _Good _Satisfactory _Unsatisfactory _Did not Observe
Comments:
~ Joe Leahy has been very helpful and responsive on all Justice Center and PeaceHealth issues.
~ Given the variety and complexity of issues the CAO does a fabulous job of sorting out the major
issues from minor ones and provides excellent service.
~ Always very well prepared. We receive prompt, helpful information to our requests for assistance.
We know we can always contact the City Attorney's office by phone and ask for assistance or for
confirmation that the decision we are making is correct. Joe, Matt and Meg are all familiar with
Code Enforcement issues.
~ I don't know how Joe balances all the competing demands on his time to be responsive, even to
emergencies such as the Mountain Gate fill, slope crisis that developed in late February 07 and is
just now moderately.
~ Excellent work on FSl BOLI issue, and on the Heary issue with Justice Center.
2. Legislative Counsel.
. Opinions to the Council regarding legislation are clear and timely.
. Ordinances and resolutions are clean and implement the Council's direction.
. Ordinances and resolutions are timely.
. Advice to Council atwork sessions and Council meetings is clear and timely.
13 - Excellent 4 - Good _Satisfactory _Unsatisfactory 1 - Did not Observe
Comments:
~. The only occasion of less than supportive service was the slight confusion in responding to some
of the issues surrounding a code amendment dealing with vicious dogs.
~ Clarity and timeliness superb...with the addition of pertinent rationale and creative augmentation
of issues and "whereas" that provide emphasis and political punch, too.
~ Code Enforcement does not often require ordinances or resolutions but when they have been
necessary they are correct, timely and thoughtful.
~ Staff relies heavily on CAO to prepare and present legislation and staff recommendations to
Council - countless times per year.
~ Work on ordinances around dog and street vacation issues has been solid and well thought out.
Attachment 1
Page 1 of3
3. Litigation.
. Represents City and Litigation consistent with Council direction and Council goals.
. Avoids unnecessary litigation through tactful handling of potential claims against the City.
. Works effectively with Council to solve litigation.
. Works with the Human Resources Department/Risk Management to minimize potential
for litigation and to solve existing litigation.
. Alerts Council to potential litigation issues.
13 - Excellent 3 - Good _Satisfactory _Unsatisfactory 3 - Did not Observe
Comments:
~ The office has been successful in compensating for the lack of dedicated in hours risk
management resources.
~ Helps dramatically reduce/avoid litigation with preventive actions anticipating and
~ Cooperation and assistance from the City Attorney's Office in matters of litigation is exceptional.
Our trips to Circuit Court have resulted in successful resolution in each and every instance. But
even more important, advice from the City Attorney's Office has often allowed us to resolve
issues without costly litigation.
~ So much of this kind of work is such that Council does not hear about it - much of it is personnel
issues. But also with developers, contractors, others who r:night sue the City in litigation. Other
PW staff will mention specific cases of litigation.
4. Citizen Requests.
. Responds to citizen requests in a courteous, clear and timely manner.
. Follows Council direction with respect to handling of citizen matters
16 - Excellent _Good _Satisfactory _Unsatisfactory 2 - Did not Observe
Comments:
~ Joe and other legal staff (Christy Monson, for example), provided good legal advice and good
leadership in formatting advisories, recommendations, and discussions with staff, Council, and
the community.
~ Great ambassador for the City.
~ Code Enforcement handles a wide variety of complaints and we have learned that when we are
"stumped", the City Attorney's Office is a great resource. We also appreciate that their office
will check with us prior to giving out advice to citizens to confirm that they are correct and
consistent.
~ CAO helps us a lot with code enforcement issues with citizens. Frequently, he writes a letter to
them and it stimulates a quick response.
Attachment 1
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5. Any other comments or concerns not already covered.
~ The City Attorney has consistently provided excellent service in a timely manner.
~ As a general comment, the City imposes substantial burdens on the Office of the City Attorney,
and on some occasions the demands of the City test the limits of the resources that the City
Attorney can make available. It is commendable that in the face of these demands the Office
continues to provide, in general, excellent service.
~ CAO services this year are up a notch in comparison to last. Support and counsel has been good
to excellent. Very pleased with services. Also, since Jon Hilt brand left more contract/risk review
has been left to the CAO - they (Joe) has been doing a great job.
~ Always cordial, helpful during Councilor Orientation, helpful when asked questions.
~ Joe & Meg have served the City well and continue to do so.
~ I have worked with about a dozen city attorneys and county counsels over the past 30 years
during my career. I rank Joe as one of the top two for reasons that I believe are shared by most
(if not all) Springfield staff.
When you evaluate the performance of public attorneys, they seem to fall into two distinct camps. In
one camp, there are the lawyers who are so conservative that they see a law suit "behind every bush."
After all, lawyers who don't protect their public clients don't find themselves keeping those clients very
long. "Risk" can be an especially scary thing to some public lawyers. In the other camp, there are the
lawyers who recognize "risk" but also have the experience and critical thinking skills that allow them to
make practical decisions that balance risk with common sense, all while reasonably protecting their
clients. These are the public lawyers who help find practical ways to accomplish things instead of
dwelling on why things can not be done. Joe Leahy is a role model for the group in this second camp.
In the planning and development business, it is always very easy to find reasons not to allow something.
I have been impressed with Joe's creativity and common sense approach to the various challenges we
ask him to sort out for us.
Joe works hard to accomplish things and to make himself conveniently available to me and DSD staff
when we need his advice...and frequently this is on short notice. His years of experience in municipal
government bring the added bonus of being able to offer wise counsel on policy matters that are not
always linked to a legal issue. At the same time, he is extraordinarily careful to not step over the line and
substitute his judgment for a policy matter that doesn't call for a legal opinion.
Joe is a quick study and master of detail. I have enjoyed watching him take out his pen and yellow pad
then chart out the critical points of some pretty complex issues, as I did last week in a meeting with Dan
Brown and me. Joe's analytical skills are certainly one of the main reasons he enjoys so much credibility
with staff.
Joe has his own private practice, but he is very much an integral member of our team. It is a pure
pleasure to work with him.
The only area I can identify where improvement is possible, is with his social gaming obligations. Joe is
quick to collect when the Ducks win, but slow to come around when they don't.
~ Throughout the many years with the City, the CAO has consistently met or exceeded my
expectations in the quality and manner in which they have provided services to our work unit.
They have always made themselves available and their response/advice is always timely.
~ It is always a pleasure to work with out City Attorney's Office. Everyone in the office, including
the clerical staff is efficient, helpful and friendly.
~ We are indeed fortunate to have an experienced, long-term legal firm as our representative. The
CAO is not only a factor in the success of the City organization, but is very much involved in
community issues.
~ I am very happy with Joe, et al.
Attachment]
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