HomeMy WebLinkAboutR-83-00150
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RESOLUTION NO. 83-1 5
A RESOLUTION ESTABLISHING THE ANNUAL
SALARY OF JOSE R. GARCIA-PEDROSA, CITY
ATTORNEY, AT $80,608, EFFECTIVE
IMMEDIATELY.
WHEREAS, Jose R. Garcia -Pedrosa has now served as City
Attorney for approximately six months and his current annual
salary is $75,608; and
WHEREAS, Jose R. Garcia -Pedrosa has competently
Performed his duties in a capable and professional manner;
and
WHEREAS, it is the intention of the City Commission to
again consider the salary of Mr. Garcia -Pedrosa six months
from this date;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. An annual salary of $80,608 for Jose R.
Garcia -Pedrosa, City Attorney, is hereby established,
effective immediately.
PASSEL) AND ADOPTED this 13th day of January, 1983.
ATTEST:
I J T
APPROVED AS TO FORM AND CORRECTNESS:
/iJOSE R. GARCIA-PEDROSA
7 CITY ATTORNEY
MAURICE A. FERRE
MAURICE A. FERRE
MAYOR
CITY COMMISSION
MEETING OF
JAN 13
RF�OI�lTION NO ..................,,.,
REMARK............................
0
TO
FROM
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
Jose R. Garcia -Pedrosa
City Attorney
DATE December 29, 1982 FILE
SUBJECT
6-Month Performance
Evaluation
REFERENCES
ENCLOSURES ( 1 )
When you appointed me as City Attorney last July, you
indicated that my performance as such be reviewed and
evaluated by you six months after the appointment.
Attached is a report of my activities in the Law Department
since last July. The report consists of an outline of areas
and specific items, followed by a narrative explanation of
those areas and items.
Although precise calculations have not been made, I can
represent to you that to the best of my knowledge and belief,
the operations of the Law Department to date are actually
below budget, notwithstanding the changes that have been
made.
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I. Systems and —Procedures
A.
Time Accounting
B.
Monthly Meetings of Legal Staff
C.
Occasional Meetings of Non -Legal Staff
D.
Processing of Work
E.
Procedures Manual
F.
Timing of Merit Increases
G.
Records Processing Program
H.
Forms
1. - Long-distance telephone calls
2. - Word-processing requests
3. - Visitors log
I.
Understudies
J.
Decrease in Resources Committed to Management
K.
Record Retention
II. Work
Product
A. Emphasis on Problem -Solving Function for Clients
B. Salient Successes
1. - Charter Amendment #1
2. - 2 suits re December 14th Election
C. In -Depth Review/Revamp of Problem Areas
1. -.Code Enforcement
2. - Risk Management
3. - Collections
4. - "Adult" Theatres and Bookstores
D. Number, Length of Legal Opinions
E. Workshops
1. - Department Directors
2. - Code Enforcement Board and inspectors
F. Improved Legal Documentation
1. - Corporate resolutions for contracts.
2. - Title insurance for loans
G. Attention to Grammar
III. Personnel
A. Management Resources
B. Changes in Staff
C. Streamlining of Attorney Functions
D. Non-use of outside counsel
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IV. Physical Plant and Equipment
A. Move
B. Updating of Dictating Equipment
C. Updating/Simplification of Telephone System
D. Updating of Photocopying Equipment
E. Updating of Word -Processing Equipment
V. Future Plans
A. Tickler/Docketing Program
B. Workshops for Department Directors
C. Retreat for Attorneys
D. Expansion of Staff and Facilities
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I. Systems and Procedures
A. Time Accounting began in the Law Department with
the beginning of the 1982-83 fiscal year, on
October 1, 1982. All attorneys fill out a time
slip for each matter on which they perform any work
on any date; a completed time slip contains the
date, attorney initials, name of client (the
clients being the Commission and the departments
and offices of the City), number or other
designation of the matter, total amount of time
spent, and breakdown of the services rendered. All
such information, except for the breakdown of
services, is then inputted into a word-processing
program, and the time slips themselves are kept
with each file.
At the conclusion of each month, a print-out is
made and distributed, showing the total number of
hours accumulated by each attorney on all matters
for all clients during said month. In addition, a
cumulative total is given of each attorney's hours
since October 1 ("year to date"). Beginning in
October of 1983, these monthly reports will also
show, for comparative purposes, the number of hours
of each attorney during the same month in the
previous year, and the attorney's "year-to-date"
figure during the previous year. This type of
report is common among private law firms and can be
produced without purchasing additional software for
our word processor.
At the conclusion of each matter, all of the time
accumulated on that matter by all attorneys at any
time will be computed by the system, printed, and
kept with the closed file. This procedure will
permit specification of how much total attorney
time was spent on each case, which attorney(s)
spent how much time, and, by extrapolation, how
much it "cost" the City in legal services to handle
that matter.
Finally, at the conclusion of each fiscal year a
report will be prepared by the system (again
without the need for additional software), showing
how many hours were spent by attorneys in the Law
Department on all matters for each client, thereby
permitting comparison of the need for or use of
legal services by each department and office in the
City.
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8. Monthly Meetings of Legal Staff are regularly
scheduled for lunchtime on the Wednesday closest to
the middle of every month. Following an agenda
prepared and distributed in advance, such meetings
permit discussion of matters and problems of common
interest or concern; they also afford an
opportunity for each attorney to acquaint others of
what he or she is doing, including noteworthy
results.
C. A similar purpose is sought in occasional meetings
with the non -legal staff: there is an imparting of
information about procedures, assignments, and the
like, and there is an opportunity to present and
discuss common problems or concerns and possible
solutions.
D. In an attempt to improve the service that we render
to our clients, procedures for the processing of
work have been instituted. In the case of contract
reviews (of which we do some 800 per year), the new
rule is that the approved contract must be returned
to the client, or an initial critique made of the
specific reasons for non -approval, within 5 days
from our initial receipt of the contract.
Further, all assignments must be completed within
30 days of receipt, barring special
circumstances - in which case the client is to be
apprised of those circumstances. In the case of
lawsuits and other such matters that do not
constitute discreet assignments, periodic status
reports are to be rendered to the client,
preferably in writing.
E. The above procedures, among others, have been
reduced to writing and compiled in a Procedures
Manual, a copy of which is to be in the possession
of every employee of the Law Department.
F. The timing of merit increases for all attorneys is
being changed from the traditional but essentially
meaningless "anniversary" date to April 1 of each
year. This will permit a fair and equitable
comparison of all attorneys' performance, once a
year, with all relevant information available at
the same time, reflected on a single comparative
chart.
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G. A records processing program has been developed
using the software included in the word-processing
equipment. The program replaces the old, manual,
logbook system, which required extensive labor and
produced very little in benefits. The new system
will: (a) permit the display or printing of all
cases by assigned attorney, by client, by date, by
subject matter, by open or closed cases, or by any
combination thereof; (b) produce a pre -formatted
acknowledgment memorandum to the clients, advising
them of the date that the assignment was received,
to whom it was assigned, and the file number given
to it; ( c ) permit monitoring of caseloads and
dispositions by attorney, by client, or by subject
matter.
H. In an effort to improve cost controls and
efficiency of operations, several new forms have
been devised and put into use, as follows:
long-distance telephone calls, word-processing
requests, and a log of visitors to the office.
I. Given the need to have someone generally familiar
with the work performed for various clients (in
particular the Boards to whom we render services),
a system of "understudies" has been put into
effect. For each relevant Board or area of
responsibility, there is not only an assigned
attorney, but also an understudy to handle
emergencies and substitute during vacations and
other absences of the assigned attorney.
J. There has been a marked decrease in the resources
committed to management. All deputies and
assistants are engaged almost exclusively in the
practice of law, and the position of Administrative
Assistant is not being filled at this time. This
leaves practically all management in the hands of
the City Attorney and his secretary.
K. Confronted with papers dating back to the 1940's, a
policy of record retention has been established and
implemented. That policy states that no record is
to be kept in the Department unless it pertains to
an open matter or unless it can reasonably be
expected to be used in a future matter; all other
records required by law to be kept are to be placed
in dead storage, in marked boxes, after eliminating
duplicate papers, photocopies of cases, and the
like. In addition, all original documents are to
be delivered or returned to the clients.
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II. Work Product
A. Heavy emphasis has been placed, both at the monthly
meetings and in the Procedures Manual, on the need
to look at ourselves as what we really are: problem
solvers for clients. Attempts have been made to
create an atmosphere of working with clients to
reformulate solutions whenever necessary in order
not to leave the client with a negative reply and
an unresolved problem.
B. Salient successes achieved in the last four months
are the following:
1. - The redrafting of Charter Amendment No. 1,
which ultimately won the editorial support of
both major newspapers and the approval of the
electorate, after widespread opposition had
been voiced to the original formulation.
2. - Two last-minute lawsuits were filed to prevent
the December 14 referendum from taking place.
After emergency hearings held on less than 38
,.hours' notice to the City, both requests for
injunctions were denied, as was an emergency
appeal taken in one of the two lawsuits.
C. Extensive review meetings have been held in problem
areas, for the purpose of identifying the problems
and potential solutions. Such areas have included
Code Enforcement (where, in addition to meeting
with the administrative personnel, one-on-one
meetings have taken place separately with each
Board member), Risk Management, Collections, and
"Adult" Theatres and Bookstores. In each of those
areas, there have been changes in the Law
Department, the beneficial effects of which are
already being felt.
D. Between July 29 and December 29, there were 15
legal opinions rendered, ranging in length between
2 and 23 pages, and covering a wide variety of
topics.
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E. A series of workshops has begun, for the purpose of
explaining legal concepts and answering specific
questions of our clients. The first workshop, held
at the Law Department on December 3, was for all
Department Directors and covered the subject of
"Guidelines for the Conduct of Department Directors
in Employment -Related Matters". Two workshops are
planned for January with respect to Code
Enforcement: one for the inspectors (to review the
Code and the types of evidence required to
establish a violation), and one primarily for the
Board members (to review the Code, to go over
procedures before and during Board hearings, and to
identify such additional remedial action as may be
required).
F. The legal documentation received from and sent to
our clients has been improved, by such means as
requiring corporate resolutions for all corporate
actions and demanding title insurance in favor of
the City in those cases in which the City acts as a
lender with respect to the development of real
property.
G. Consistently with the notion that good substance
should be presented in good form, attention has
been"given to grammar, syntax, typing, and the
general form in which our work product is presented
to clients, courts, and the public.
III. Personnel
A. It has already been noted (in Item I.J, above) that
there has been a marked decrease in the resources
devoted to management, reflective of the principle
that lawyers should, to the fullest extent
possible, practice law.
B. Changes have been made in the legal staff
associated with the Department, and there have been
other losses for a variety of reasons. In all,
approximately one-third of the legal staff has
changed since July.
C. The functions carried out by the attorneys have
been streamlined, so as to avoid needless
duplications of effort and promote efficiency. A
list of the areas to which attorneys (and their
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understudies) are assigned has been prepared and
distributed, so each person may know what everyone
else is doing.
D. The use of outside counsel has practically
disappeared in matters arising since July,
reflecting the view that the use of outside counsel
is expensive (almost$ 1 million in the last fiscal
year), subject to charges of favoritism, and
demoralizing to the capable lawyers in the
Department who are denied the opportunity to handle
interesting and important matters. Only two
matters have so far been referred to outside
counsel: (1) a small commercial lawsuit filed by
me against the City shortly before my appointment;
and ( 2 ) a short-term advisory function by lawyers
who had already performed services at the
administration's request, in anticipation of a
contractual agreement. The fees payable by the
City for these two matters combined will not exceed
$9,000. Some effort has also been made to retrieve
matters previously referred to outside counsel;
those efforts are expected to be intensified in the
next few months, as time and work schedules permit
the absorption of additional cases.
IV. Physical Plant and Equipment
A. The offices of the Department were moved on August
13 from 174 East Flagler Street to 169 East Flagler
Street, to premises that are less expensive and,
though smaller, better suited for the operations of
a law office. A wide variety of improvements, both
physical and organizational in nature, have been
made at the new location.
B. and C.
The dictating equipment, which used to function
through the telephone system and was directed only
to the word-processing center, has been changed and
brought to the state of the art. By using
individual dictating units and mini -cassettes, wide
flexibility has been acquired in the transcription
of dictation, which can now be done by any
secretary. The telephone system has therefore been
simplified.
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D. The photocopying equipment has also been updated to
conform to the special and feature requirements of
the Department. In addition to making cleaner,
faster copies, the new equipment has double the
collating capacity, permits reduction copying,
copies on both sides, and permits use ov standard
or legal paper instead of the rolled, continuous
paper of the previous equipment.
E. The new word-processing equipment, which includes
software programs already discussed, is truly the
state of the art, replacing four pieces of two
different types of equipment, none of which is now
being manufactured. With a visual screen and a
memory of up to 128K, the new equipment has such
important, time -saving characteristics as:
automatic strike-throughs and underscoring,
continuous typing, a sorting function, a search
function, a standard and specialized dictionary,
the coding of phrases and paragraphs, a footnote
function, visual right-hand justification, an
explain feature, unlimited scrolling, and disks
with much- expanded storage capacity. The
mathematical and programmatic features of the
system have already been explained (except for the
tickler/docketing system described in V.A, below).
An additional capability, not presently available
but compatible with the hardware of this new
equipment, is the use of Westlaw or Lexis, the
computerized research systems that are fast
becoming indispensable to the modern practice of
law.
V. Future Plans
A. The new word-processing equipment has the
capability of providing us with a tickler/docketing
system. The program for that system has already
been written and is being implemented at this time.
All scheduled activities, deadlines, and other
relevant dates will be inputted into the system;
this will include "false" deadlines intended to
remind attorneys of dates when projects should be
completed. Every morning an operator will command
the system to display and print all of the
activities due on that day, organized by attorney.
The complete list will be photocopied and
distributed to all attorneys, who will be reminded
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of their activities and
save time (e.g., by
scheduled to attend a
attend to another item o
visit). In addition
facilitate the handling
whenever someone is ill
the office.
who may find it possible to
asking another attorney
meeting at City Hall to
f business during that same
the daily lists will
of scheduled activities
or otherwise absent from
B. The success of the December 3 workshop for
Department Directors has resulted in a request for
additional workshops for Directors concerning other
legal topics of interest to them. We intend to
conduct such workshops periodically, except that we
hope to use one such workshop for a critique of the
Law Department: without discussing individual
problems, we hope to have the Directors tell us how
we can do better what we now do well, and how we
can do well what we now do poorly.
D. As indicated earlier, an expansion of the staff and
of the physical facilities should become necessary
as more and more work previously handled by outside
counsel is assigned to attorneys within the Law
Department. The additional costs associated with
such expansion would be but a fraction of the
prese.nt cost of using outside counsel, thereby
resulting in a net saving to the City. It should
also be noted that as the City itself grows and our
clients develop more and more dependence on our
work, the volume of legal work can also be expected
to expand, which will in turn necessitate
additional resources to perform the added legal
services.
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