CAO Business Plan 2020 - Port St. Lucie | Home

2 | Page OFFICE OF THE CITY ATTORNEY

Table of Contents

Mission Statement …………………………………………………………………. Page 02

Message from the City Attorney ………………………………………………… Page 03

Succession Plan / Internships ……………………………………………………. Page 04

The Business Plan …………………………………………………………………. Page 05

Trends Analysis ……………………………………………………………………. Page 06

Organizational Chart ……….…………………………………………………….. Page 07

City’s Strategic Plan ………………………………………………………………. Page 08

✓ Being Financially Responsible ………………………………………. Page 09

✓ Providing Exceptional Municipal Services ………………………... Page 10

Breakdown of Intake Requests …………………………….. Page 11

✓ High-Performing City Government Organization ………………... Page 12

Philosophy of the City Attorney’s Office ………………………………………. Page 14

Goals ………………………………………………………………………………….. Page 15

The mission of the Office of the City Attorney is to protect and preserve the

legal, ethical and financial integrity of the City of Port St. Lucie, its City

Council and its representative officials, by providing quality, proactive, legal

services through zealous advocacy, innovative legal solutions,

uncompromised integrity and professional diligence. The Office strives for

honest communication, accountability and superior service in furtherance of

the City’s strategic goal of being a high performing organization.

Mission Statement

The goal of the City Attorney’s Office in creating a business plan is to show the

impact legal services provide to the City and how those services achieve the

City’s strategic goals. The business plan will also be used in the budgeting

process to prepare for anticipated needs, costs and expenditures. Through

careful structure of the legal office, along with good recruitment, we have

managed to significantly increase our responsiveness to the legal needs of the

City, while reducing reliance upon costly outside legal counsel.

The attorneys employed by the City are recognized for their superior

knowledge in the area of local government law, as well as having expertise in

many practice areas including civil rights, tort & business litigation,

procurement & contracting, zoning & land use, real estate, labor &

employment, public records, sunshine law and ethics. In an effort to

continually improve our customer service, we promote cross-training among

all team members, which creates a depth-of-knowledge unheard of in most in-house municipal law offices.

Additionally, every attorney in the office is either Board Certified or is seeking Board Certification, to memorialize

their expertise and bring better services to the City.

The staff of the City Attorney’s Office take a leadership role in promoting honesty and integrity in the City and

assume a prominent role in assessing legal issues for high profile matters that have a significant impact on

public policy and quality of life for residents in the community.

To increase efficiency, the Legal Intake System was developed to track and monitor submitted requests for legal

services from beginning to end. The system enables each attorney to better manage their workload to provide

quick feedback to the departments. It also insures that matters do not linger unnecessarily and that needed

attention is provided to every request for legal services.

This Business Plan was developed to provide guidance in the operation of the City Attorney’s Office and

continued development of the endeavor of being the best City Attorney’s Office in the State of Florida and in

our continued efforts to meet the needs and expectations of our growing community.

Respectfully,

OFFICE OF THE CITY ATTORNEY

Message from the City Attorney

3 | Page

James D. Stokes

City Attorney


Succession Plan

The City Attorney takes a team-approach to supervising the legal affairs of the City

and engages the Chief Assistant City Attorney, Melany Crawford, in all aspects of

every matter. This provides important depth in managing the issues, helps avoid

lapses, and keeps matters moving in a timely manner.

The City Attorney and Chief Assistant City Attorney rely heavily on two key senior

attorneys, Deputy City Attorney Lee Baggett and Deputy City Attorney Elizabeth Hertz,

who are kept informed of issues as appropriate and have the ability to take the lead,

as needed, at meetings with staff or on the dais. These two are an invaluable part of

the Legal Department’s Succession Plan.

In addition, all attorneys are kept informed on major issues being addressed

by any individual team. An assignment system is used where attorneys

have a primary area of responsibility, as well as one-or-more areas in which

they serve as a back-up to the primary attorney. This system, coupled with

a rotation of responsibilities every six-to-twelve months, ensures that all

attorneys employed by the City can competently handle most any legal

issue that arises.

The City Attorney’s Office utilizes an intern program for

college students and law school students who possess an

interest in municipal law. The internship program allows for

students to work alongside seasoned attorneys and

paralegals to gain insight and experience into the exciting

and unique practice area of local government law.

Additionally, this program provides the opportunity for our

attorneys to assist in the development of the next generation

of lawyers. Grants from the Local Government Section of

The Florida Bar are sought when available to help support

this internship program.

Internships


The Business Plan

A SERVICE CONTRACT

A business plan…

Illustrates in detail what services the City

Attorney’s Office provides.

Illustrates how the CAO provides those services

in a competent and cost-effective manner.

Service commitments allow the CAO to hold

itself accountable for maintaining high levels of

service throughout the City.

A PLANNING DOCUMENT

A business plan…

Illustrates the connection between operational

services and activities of the Departments, and

their long-term goals and objectives, and how

the CAO can assist them in meeting their

objectives.

Enables the CAO to define its role and

responsibilities within the greater context of the

City, ensuring cohesive growth and successful

operation, while evaluating risk and ensuring

compliance with the myriad of laws and

regulations which govern our actions.

Reviews the CAO’s

weaknesses,

strengths, and

opportunities, while

providing for future

growth, succession

planning, and funding

allocations.

A COMMUNICATION DOCUMENT

A business plan is a vehicle to communicate with

the public. A business plan…

Affords the City the opportunity to be open and

transparent regarding its internal and external

legal services.

Educates the public on how the City protects

itself, its residents, its visitors, and its business

owners, through continual and comprehensive

review of proposed actions by competent legal

counsel, which insures compliance with the law.

A WORK PLAN

A business plan is an operational document which

can be leveraged by the City Council and the City

Manager for internal process improvement efforts.

A business plan…

Creates a road map for how service goals are

proposed to be met, as well as how they are

actually accomplished.

Makes the connection between front line

objective and organizational objectives.

A BUDGETING TOOL

A business plan is a tool to be used in the budgeting

process. A business plan…

Provides a space for strategic thinking before

the budget process kicks off.

Allows for the City Attorney to submit an

evaluation of cost estimates ahead of the

budgeting cycle.

What is a Business Plan?


The City continues to experience overall growth and each of the City Departments are experiencing notable

changes. The statutes, court cases, and regulations imposed upon the City are likewise never static — they are

always changing, being interpreted, or being redefined. Additionally, as technology advances, we anticipate that

more and more tasks will become subject to automation – not just contracts and e-discovery, but also in areas

like trademarks, due diligence for real estate transactions, and the ever-pushing of Constitutional boundaries.

Sharper analytical tools by qualified local government attorneys are no longer an option or a luxury. In today’s

world, only such real-time representation will provide an accurate sense of what is involved in a case and what a

good outcome looks like.

The City Attorney’s Office provides legal advice and counsel to the Mayor and

members of the City Council, the City Manager, the City Clerk, and all appointed

boards and committees, department directors and other City employees, on matters

involving the affairs and business of the City of Port St. Lucie. While keeping in

mind each department’s specific needs, the City Attorney’s Office is committed

to working as part of the team, uniting with other City departments to

accomplish our overarching goal of serving the City of Port St. Lucie.

Trends Analysis

The City Attorney’s Office continuously analyzes industry

best practices and our team members strive to be in the

forefront of expertise for all areas applicable to

government agencies. We use all tools available to

increase efficiency and lower costs for service.

While the City Attorney’s Office has seen an increase in

work requests from the various City Departments, we are

also continuing in our efforts to provide exceptional

municipal services overall. This is evidenced by our

undertaking of the comprehensive review and revision to

the Code of Ordinances, continuing to provide legal advice

and counsel on matters of ethics, conflicts, and responses

to public records requests, and by staying apprised of

current Legislative matters, and assisting the City Council

in lobbying efforts.


Organizational Chart

City’s Strategic Plan

The work undertaken by the City Attorney’s Office assists in advancing the City of Port St. Lucie Strategic

Plan’s goals of a Safe, Clean and Beautiful City, Fostering Vibrant Neighborhoods, Supporting a Diverse

Economy and Employment Opportunities, Ensuring High Quality Infrastructure and Facilities,

Contributing to a High-Performance Government Organization, Being Financially Responsible, and

Providing Exceptional Municipal Services.

In most cases, the City Attorney’s Office is a support service to the other departments within the City,

serving to facilitate their projects which work toward fulfillment of this Strategic Plan. In some cases,

however, the CAO’s direct action advances the Strategic Plan, as illustrated in the following pages.



Being Financially Responsible

Controlling Outside Legal Counsel costs:

The legal affairs of the City are an essential element of protecting the City. Rather than relying on costly

outside law firms, the City has developed an in-house legal team which provides quicker, more

comprehensive, and most cost effective legal representation. In some specialized areas, outside legal

counsel is still required, but the money saved has been significant.

FY 19-20: The CAO reduced its budget for Fiscal Year 2019-2020 by $200,000.00 from FY 2018-2019.

Fiscal Year 2019-20 Budget: The Professional Services (outside counsel) line item had an approved

budget of $325,000.00.

Fiscal Year 2019-20: The expenditures for Professional Services through September 30, 2020 was

$194,188.40.

FY 20-21: The CAO reduced it budget for Fiscal Year 2020-2021 by $50,000 from Fiscal Year 2019-2020.

Fiscal Year 2020-2021 Budget: The Professional Service (outside counsel ) line item has an approved

budget of $275,000.

Current FY 20-21 expenditures for Professional Services through February 10, 2021 : $79,084.09.


Providing Exceptional Municipal Services

At this pace, the City Attorney’s Office anticipates

receiving approximately 2,200 requests

for legal services during Fiscal Year 2020 - 2021.

Legal Intake System:

The City Attorney’s Office Legal Intake System tracks requests for legal services from beginning to end.

The system enables each attorney to better manage their workload and to provide quick feedback to the

departments.

Fiscal Year 2018-19:

1,641 total requests were received.

✓ 1,403 were completed; 121 were pending completion as of September 30, 2019;

55 were declined; 55 were placed on hold; and 7 were reopened.


2,059 total requests were received.

✓ 1891 were completed; 68 were pending completion as of September 30, 2020;

72 have been declined (of which, 55 were duplicate requests, 17 declined);

15 are on hold; 9 have been withdrawn by the department. , 4 reopened.


As of February 1, 2021, 614 total requests have been received.

✓ 425 have been completed; 142 are pending completion;

17 have been declined (of which, 14 were duplicate

requests, 3 declined); 19 are on hold; 3 have been

withdrawn, 1 reopened; 7 RAR’s by the department;

and 4 have been reopened.

11 OFFICE OF THE CITY ATTORNEY

Department Number Department Number

Animal Control 3 Lien Services 18

Building 41 Litigation 10

City Clerk 10 NSD 27

City Council 2 OMB 2

City Manager 66 Parks & Recreation 12

Civic Center 4 Planning & Zoning 90

Code Enforcement 1 Police 60

Code Revisions 1 Procurement 35

Communications 6 Public Works 93

Finance 14 RAR 7

Human Resources 40 Risk Management 9

IT 20 Utilities 29

Legal 7

Legislative 7 Total: 614

*October 1, 2020 through February 1, 2021

FY 2020-21* | Requests by Department:

Breakdown of Intake Requests

High-Performing City Government Organization


Police Legal Advisor:

The City Attorney’s Office provides legal advice and counsel to the Police Department on a broad range

of issues including, but not limited to, forfeitures, seizures, replevins, and risk protection orders.

Civil Forfeiture Actions Resolved Fiscal Year 2018-19:

The Police Department seized approximately $311,970.00 in currency. The City Attorney’s Office, through

forfeiture proceedings and settlements, retained approximately $172,387.46 in currency to the forfeiture

fund.

Civil Forfeiture Actions Fiscal Year 2019-20:

The Police Department has seized approximately $107,368 in currency. The City Attorney’s Office is

pursing these funds through forfeiture proceedings and potential settlements.

Civil Forfeiture Actions Fiscal Year 2020-21:

As of February 10, 2021, the Police Department has seized approximately $2,686.00 in currency. The City

Attorney’s Office is pursing these funds through forfeiture proceedings and potential settlements.



Risk Protection Order Cases Filed Fiscal Year 2019-20:

The Police Department filed Risk Protection Orders on 73 matters. The City Attorney’s Office, through Court Proceedings and settlements, has had the following entered:

6-month Risk Protection Order on 27 matters;



6 Risk Protection Orders were denied.

Risk Protection Order Cases Filed Fiscal Year 2020-21:

As of February 10, 2021, the Police Department has filed Risk Protection Orders on 22 matters. The City Attorney’s Office, through Court Proceedings and settlements, has had the following entered:



2 Risk Protection Orders were denied.

Two Temporary Risk Protection Orders are currently in place awaiting a hearing.


14 OFFICE OF THE CITY ATTORNEY

Philosophy of the City Attorney’s Office

In-house Legal Services provide a more PRO-ACTIVE approach to representation,

which better serves and protects the interests of the taxpayers.

Outside law firms come in after-the-fact to fix mistakes already made.

In-house attorneys assist in avoiding those mistakes.

Litigation:

The City Attorney’s Office represents the City’s interests in a multitude

of areas through litigation proceedings.

Actively litigating 82 cases, including foreclosure proceedings; and

Overseeing 7 cases being handled by outside counsel.

Outside Counsel cases include cases being paid for by TRICO.

Foreclosure Recoupments:

The City Attorney’s Office appears in foreclosure actions to protect and enforce City

liens on real property. The efforts of this Office have resulted in:

Fiscal Year 2018-19, recovery of approximately $121,376.00; and

Fiscal Year 2019-20, recovery of approximately $17,366; and

Fiscal Year 2020-21, recovery of approximately $33,481.

Emergency Orders responding to COVID-19, issued by the Governor and the Supreme Court,

have resulted in local courts being on reduced operations for the past twelve months, only

allowing some motion hearings virtually. In-person trials are still restricted to only extreme

cases. This has impacted adjudication of litigation matters.

Goals


For Fiscal Year 2020-2021 The City Attorney’s Office has prioritized the following initiatives, :

Response to Census Data and Redistricting Review;

Addressing Mobility Fee and Impact Fee Revisions;

Continued Development of Southern Grove, including Becker Road corridor;

Development of City Center;

Review and Revision of Boards & Committees;

Continued Revision of Code of Ordinances;

Address issues related to surplus properties; and

Diligently respond to Legal Intake System items and Legistar items.

Through Fiscal Year 2024-25

The City Attorney’s Office anticipates no need for additional personnel.

The CAO commits to continuing to improve its responsiveness to the

City Council, the City Manager, and the various City Departments it serves;

providing quality, timely, and responsive legal representation on all matters;

protecting the interests of the City; and recouping revenue where appropriate;

while continuing to control outside counsel costs, as well as internal spending.

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