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Home My WebLink AboutVI (D) Yearly Evalutaion of City Manager AGENDA 10-17-95 Item VI D "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Ocoee Jl_V 1 1 ViV vc,lwl u 1 C://401,44 COMMISSIONERS •�� a RUSTY JOHNSON CITY OF OCOEE PAUL W.FOSTER v O 150 N.LAKESHORE DRIVE SCOTT GLASS 1+�. �C� OCOEE,FLORIDA 34761-2258 JIM GLEASON (407)656-2322 CITY MANAGER Of G00V N` ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: October 13, 1995 RE: CITY MANAGER EVALUATION Attached hereto are the Evaluations of the City Manager that I have received from the City Commission to date. Any further Evaluations that I receive shall be distributed to you as they come to me, up to the City Commission meeting of October 17, 1995. Respectfully Submitted, ES 1:fdg:4111°,/#"---/ Attachments (2) Ocoee 4Ct 90 `'♦, �� SCOTT A. GLASS of 0000`� COMMISSIONER•DISTRICT 3 150 N.LAKESHORE DRIVE OCOEE,FL 34761 OFFICE(407)656-2322 EXT.172 HOME(407)877-0661 To: Ellis Shapiro, City Manager From: Scott A. Glass Date: October 8, 1995 Re: Evaluation Attached is my evaluation of your performance as City Manager since my election to the City Commission in late November, 1994. Overall, I find that you are doing a good job administering the City's operations. You have assembled a strong management team and I am convinced that you, and they, have the long term welfare of the City very much at the forefront in everything which is done. This was evidenced recently by the conservative and responsible budget initially presented to the Commission this year. While I was disappointed to see the budget drastically changed by the Commission, I believe you and your staff did an admirable job in responding to the challenges presented. I also believe you , and again your staff, have done an excellent job in keeping me informed of important matters throughout the past eleven months. For this I am truly grateful. On another note, while I believe you have made a concerted effort to improve your communication with the Mayor, other commissioners, employees, and citizens at large, I believe you must continue these efforts, particularly with regard to employees and citizens at large. I am afraid the Mayor is a lost cause from what I have seen. Moreover, while few employees have spoken with me directly, I have the sense that morale continues to be low and many perceive you as dictatorial in management style. Additionally, several citizens whose judgment I generally respect continue to complain to me that you are perceived as arrogant and uncaring. I specifically direct you to my comments on page 7 of my review for your consideration. Finally, as always, I will be happy to make myself available to you to discuss this evaluation at any mutually convenient time. THE PRIDE OF WEST ORANGE 1932 COUTNCIL EVALUATION OF THE CITY MANAGER' I . Introduction and Definitions Listed below are ten broad areas of managerial responsibility and performance , along with a brief description of each: Administration and Organizational Management - -The ability to structure the organization, and plan and organize its work in such a way as to effectively and efficiently meet the municipal service needs of the citizens , and carry out the goals and poli - cies adopted by the City Council . Employee Relations and Staff Development- -The ability to recruit and retain high quality personnel for City employment , to set a high standard of performance for City employees , and to foster a sense of committment to providing a high level of public service to the citizens . Budgeting and Financial Management- -The ability to put together a financial plan ( i . e . the Annual Operating Budget , the Capital Improvements Plan, and so forth) which realistically meets the City' s needs within its ability to pay. Also , the ability to take a future oriented perspective of the City' s financial abil- ity, proposing policies and management procedures which will pro- tect long term fiscal integrity. Policy. and Program Development- -The ability to assist the City Council in developing specific policies and programs which will implement the broad goals and objectives that it sets for the City. Policy Implementation- -The ability to take the policies and programs which. have been initiated and/or approved by the City Council , and effectively implement them so that desired outcomes are achieved. Long Range Planning- -The ability to anticipate the future environment , needs , and problems of the City, recommending policy options and adopting management procedures which will enable the City to respond appropriately to that future scenario . Public Communications- -The ability to effectively represent the City and its policies to citizens , both collectively, and indivi- dually, including the ability to maintain constructive relations with the press and media. Relations with M yor and Council --The ability to maintain an open and honest relationship with Councilmembers , both collectively and individually, and to respond in an effective and timely manner to their concerns . Playing a supportive role to the Mayor and Council in their responsibilities as elected officials , without getting involved in partisan politics . • 1.982 Council Evaluation of the City Manager Page 2 Ingovernmental , Neighboring Community, and Professional Responsibilities - -Working effectively with policy makers at the federal , state , metropolitan, and county levels to amicably solve community problems , while forcefully representing the interests of Coon Rapids . Fostering a high level of respect for the City of Coon Rapids at these levels , as well as in municipal organizations such as the League of Minnesota Cities . Enjoying the high personal reputation among fellow municipal management professionals , and taking an active leadership role in pro- fessional organizations . Personal Characteristics- -The ability to maintain a high level of motivation for self , manage stress effectively, maintain a healthy tolerance for the uncertainties which are a part of muni - cipal management , maintaining a personable and warm attitude toward others , which encourages them to seek guidance in resolving problems related to the City organization. , 1982 Council Evaluation of the City Manager Page 3 II . RANKING OF PRIORITY Each of the previously outlined areas of managerial respon- sibility is important . However , the City Manager frequently has to prioritize his time and effort in selected areas , at some expense to the others . Please give your ranking of importance (we have excluded personal characteristics ) as to where he should focus his time and effort . Number "1" should be the area of the highest priority, with "9" the least important . Administration and Organizational Management 3 Employee Relations and Staff Development 4 Budgeting and Financial Management 6 Policy and Program Development 5 Policy Implementation 7 Long Range Planning L Public Communications 9' Relations with Mayor and Council 8 Intergovernmental , Neighboring Community, and Professional Responsibilities • Comments : Please provide any comments- which would elaborate on the above prioritization, including being more specific about areas that are of special concern to you . • 1982 Council Evaluation of ' the City Manager Page 4 III . EVALUATION OF THE MANAGER BY AREA Rate the City Manager on his performance in each of the ten areas , by placing an "X" next to the term which you feels best describes the manager ' s performance in that area . 1 . Administration and Organizational Management Does the Manager plan and organize the work of the City organization in a way that effectively and efficiently carries out the goals and policies adopted by the City Council ? X Most Often Usually Sometimes Seldom 2 . Employee Relations and Staff Development Does the Manager recruit and retain high quality employees , and motivate them to put forth their best efforts ? Does the Manager create among the City employees an attitude of com- mitment to the organization and its purposes ? Most Often X Usually Sometimes Seldom 3 . Budgeting and Financial Management Does the Manager present a realistic budget that meets the City' s needs within its ability to pay? Does he devote suf- ficient attention to maintaining the long- term fiscal health of the City? Most Often )( Usually Sometimes Seldom 4 . Policy and Program Development Does the Manager effectively assist the Council in for- mulating City policies and programs which will meet the broad goals and objectives the Council has set for the City? Most Often X Usually Sometimes Seldom 5 . Policy Implementation Once a policy or program has been developed and/or approved by the Council , does the Manager effectively implement the program in such a way that the desired outcomes are achieved? Also , are programs organized and implemented efficiently? Most Often )( Usually Sometimes Seldom 1982 . Council Evaluation of the City Manager Page S 6 . Long Range Planning In carrying out his responsibilities , does the Manager devote sufficient attention to taking a future oriented perspective , so that the policies and management procedures used enable the City to effectively respond to its future? Most Often X Usually Sometimes Seldom 7 . Public Communications Is the Manager effective in speaking for the City, and inspiring a sense of respect in citizens for the City government? Is the Manager sensitive and effective in dealing with the requests and complaints of the individual citizens? hoes he maintain an open and positive relationship with the press ? Most Often Usually X Sometimes Seldom 8 . Relations with Mayor and Council Does the Manager maintain an open and honest channel of com- munication with Councilmembers , both collectively, and individually? Is the Manager , in the way he carries out his duties and responsibilities , supportive of the Mayor and Council in their efforts to carry out their responsibilities as elected officials ? Most Often )( Usually Sometimes Seldom 9 . Ingovernmental , Neighboring Community, and Professional Responsibilities Is the Manager effective in dealing with other levels of government and neighboring communities , to achieve amicable solutions to mutual problems , while vigorously defending the interests of the City of Coon Rapids? Does the Manager ac- tively participate in metropolitan and state policy making groups , as well as professional organizations , and does he provide leadership to other managers in the area? Most Often X Usually _ Sometimes Seldom 10 . Personal Characteristics Does the Manager display personal characteristics which enhance his ability to carry out the responsibilities of the Chief Administrative Officer of the City of Coon Rapids? Most Often ,�/ Usually Sometimes Seldom yy 1c Nof 1 "w Lu�►af /he rest"' i 1i, Ir 6.es (.04' �h< �r.o.v A�ic�J CAO are 1982 council Evaluation of the City Manager Page 6 • IV. ADDITIONAL WRITTEN COMMENTS- -Attach additional page if. needed . What do you Feel are some of the Manager ' s strongest points and finest accomplishments this year? See „,ittcled Avg 7. • What areas of the Manager ' s performance do you feel most need improvement ? Why? Do you have suggestions as to how the Manager can improve in// these areas ? &e aNachef paae 7. • 7Voc)- 9 s Signature Date LJ .) `.VU{& l\4VlUJ UV, *t_w W..... vv v.• ...�...... __ - __ October 8, 1995 Evaluation of City Manager Page 7 - Additional written comments IV. What do you feel are some of the Manager's strongest points and finest accomplishments this year! The City Manager's strongest point is his overall knowledge with respect to municipal government. His years of experience have provided him, and us, with a very valuable resource which allows us to draw on other municipalities successes without falling into the pitfalls of their failures. A related point has been his ability to draw upon other experienced professionals to fill key positions for the City. This team of experience has allowed us to accomplish many goals without reinventing the wheel. This overall experience has also proved helpful in the City Manager's ability to prioritize matters. Experience provides a long term perspective that is often missed by elected officials who are temporarily blinded by the bright lights of political expedience. What areas of the Manager's performance do you feel most need improvement? Why? Do you have suggestions as to how the Manager can improve in these areas? Unfortunately, a particular strength often has an obverse side which can only be characterized as a weakness. In the City Manager's case, the ability to draw on his knowledge and experience allows him to reach decisions quicker than those of us with less experience or knowledge. Unfortunately, in an effort to "get the job done," the Manager does not always explain his reasoning or even recognize that others do not have the experience or education to quickly grasp how or why a decision or recommendation was made. This is often perceived as brusqueness and arrogance. While the ability to recognize when an explanation is necessary, and then how much explanation, may be instinctual, when in doubt, the Manager should err on the side of providing more information than he believes necessary. While this may slow the management process somewhat, in the long run it will help not only elected officials and interested citizens, but also the rank and file employees, come to trust the Manager's judgment more and ultimately the process will speed up again. That said, I believe the Manager has made a concerted effort to improve his communication with the general citizenry and I strongly encourage him to continue his efforts to be more accessible to and understanding of both citizens and City employees. Communication is a skill upon which all of us need to work. ff' 47 a S. Sem VegadvertiO ��y,F©,•:� MAYOR `f coon 150 N.LAKESHORE DRIVE OCOEE,FLORIDA 34761 (407)656-2322 FAX(407)656-5725 • MEMORANDUM TO: Ellis Shapiro FROM: S. Scott Vandergri DATE: October 11, 1995 RE: Performance Evaluation Attached you will fmd my evaluation of your performance for the past year. Three years ago while running for Mayor, I told people that I was running for the office and not against Lester. I had no ax to grind with anyone at that time, nor do I have today. You "fired the first shot" when you told several people that you would resign if I were elected. Upon hearing this I was flabbergasted that politics in Ocoee had not improved in 20 years. You confirmed to me that you said this and then, after the election, you told me you weren't stupid and would not resign because City Manager jobs are hard to find. From that point until today, your whole demeanor has been to be less than communicative and cooperative with me and with other commissioners who hold a minority view or a view that is different from your own. In addition, you have passed up no opportunity to bring politics into any discussion or issue in which you and I are involved. I can only assume that the reason for such demeanor was to keep your job and not a personal vendetta against me. On the other hand, I have striven to shoulder all of the abuse either from you directly or your subordinates who have allegiance to you. You said you wouldn't or couldn't work with me because I wanted to be a "strong mayor." To the contrary, I expected to be an active mayor and had high hopes that Performance Memo to Ellis Shapiro 10/11/95 1 THE PRIDE OF WEST ORANGE the form of government (the City Manager form of government) that I helped to set up in the 1960s was truly the best form of government for our city. The basic difference between my predecessors and me is that they were legislators and I want to more hands-on in decision making and policy setting. Regardless of whether you believe my motivation, I can unequivocally state that I have only the interests of the city at heart. The citizens of this city share their concerns, problems, and suggestions with me. I offered to you on several occasions to funnel back information from the public and you took the position that I should keep my nose out of your business. The basic communication from you to me has been condescending--one of a parent to an unruly child, a teacher to a naughty student--and I have noticed you use the same condescending attitude to those who work for you and people who just happen to get in your way. Your management style, reflected in your arrogance is of the very nature and type that causes employees to seek protection within unions. When during one conversation early on in my mayorship you said you were going to tell me how to be mayor. Apparently you assumed that I had not been mayor before, but I countered with the fact that I had. This just tells me how a newly elected commissioner can be bought so easily by favors granted. You have made few, if any, of the improvements suggested last year by myself or the other commissioners. I believe that you are so wrapped up in politics that you can no longer be objective and professional in your dealings with all of the commissioners equally and especially the citizens. You espouse and demonstrate a can't-do attitude rather that a positive, can-do attitude. I will end this note by calling your attention to areas of disagreement we have in directing this city to be all it can be, the biggest of which is the trust of the people and your peers. You seem unable to reflect truth and professionalism without politics and you lack the enthusiasm to seek the optimum in government services with the least amount of cost. For all of these you have a closed mind and you should move on to where you can rebuild that kind of thought process. Performance Memo to Ellis Shapiro 10/11/95 2 1982 St�IL EVALUATION OF THE CITY MANAGER' lci6 • I . Introduction and Definitions Listed below are ten broad areas of managerial responsibility and performance , along with a brief description of each: Administration and Organizational Management - -The ability to structure the organization, and plan and organize its work in such a way as to effectively and efficiently meet the municipal service needs of the and carry out the goals and poli - cies adopted by th City Council . , Employee Relations and Staff Development- -The ability to recruit and retain high quality personnel for City employment , to set a high standard of performance for City employees , and to foster a sense of committment to providing a high level of public service to the citizens . Budgeting and Financial Management- -The ability to put together a financial plan ( i . e . the Annual Operating Budget , the Capital Improvements Plan, and so forth) which realistically meets the City' s needs within its ability to pay. Also , the ability to take a future oriented perspective of the City ' s financial abil- ity, proposing policies and management procedures which will pro- tect long term fiscal integrity . Policy and Pro • ram Development- -The ability to assist the City "ounci •eveloping speci is policies and programs which will mplem-n the broad goals and objectives that it sets for the City. Policy Implementation- -The ability to take the policies and programs which• have been initiated and/or approved by the City ounci , -..nd effectively implement them so that desired outcomes ieved. Long Range Planning- -The ability to anticipate the future environment , needs , and problems of the City, recommending policy options and adopting management procedures which will enable the City to respond appropriately to that future scenario . Public Communications- -The ability to effectively represent the City and its policies to citizens , both collectively, and indivi- dually, including the ability to maintain constructive relations with the press and media . Relations with Mayor a d Council - The ability to maintain an open T.-fa-honest relationship • ouncilmembers both collectively and individually, and to respon in an effective and timely manner to their concerns . Playing a supportive role to the Mayor and Council in their responsibilities as elected officials , without getting involved in partisan politics . 1982 Council Evaluation of the City Manager Page 2 Ingovernmental , Neighboring Community , and Professional Responsibilities - -Working effectively with policy makers at the federal , state , metropolitan, and county levels to amicably solve comm nity pr blems , while forcefully representing the interests of oon Rapidtering a high level of respect for the City of(Coon Rapidsat these Levels , as well as in municipal organiza 10 such as thdct.eague of Minnesota Cities Enjoying the high personal reputation amo municipa management professionals , and taking an active leadership role in pro- fessional organizations . Personal Characteristics - -The ability to maintain a high level of motivation for self , manage stress effectively, maintain a healthy tolerance for the uncertainties which are a of muni - cipal management , maintaining a personable and warm attitude toward others , which encourages them to seek guidance in resolving problems related to the City organization. • 1982 Council Evaluation cf the City Manager Page 3 II . RANKING OF PRIORITY Each of the previously outlined areas of managerial respon- sibility is important . However , the City Manager frequently has to prioritize his time and effort in selected areas , at some expense to the others . Please give your ranking of importance (we have excluded personal characteristics ) as to where he should focus his time and effort . Number "1" should be the area of the highest priority, with "9" the least important . Administration and Organizational Management Employee Relations and Staff Development IBudgeting and Financial Management Policy and Program Development Policy Implementation Long Range Planning 1 Public Communications Relations with Mayor and Council rIntergovernmental , Neighboring Community, and Professional Responsibilities Comments : Please provide any comments• which would elaborate on the above prioritization, including being more specific about areas that are of special concern to you . • 1982 Council Evaluation of the City Manager ' Page 4 III . EVALUATION OF THE MANAGER BY AREA Rate the City Manager on his performance in each of the ten areas , by placing an "X" next to the term which you feels best describes the manager ' s performance in that area . 1 . Administration and Organizational Management Does the Manager plan and organize the work of the City organization in a way that effectively and efficiently carries out the goals and policies adopted by the City Council ? Most Often Usually Sometimes )k Seldom 2 . Employee Relations and Staff Development Does the Manager recruit and retain high quality employees , and motivate them to put forth their best efforts ? Does the Manager create among the City employees an attitude of com- mittment to the organization and its purposes ? Most Often Usually Sometimes X Seldom 3 . Budgeting and Financial Management Does the Manager present a realistic budget that meets the City' s needs within its ability to pay? Does he devote suf- ficient attention to maintaining the long-term fiscal health of the City? Most Often Usually Sometimes X Seldom 4 . Policy and Program Development Does the Manager effectively assist the Council in for- mulating City policies and programs which will meet the broad goals and objectives the Council has set for the City? Most Often Usually Sometimes )( Seldom 5 . Policy Implementation Once aolio p y or program has been developed and/or approved by the Council , does the Manager effectively implement the program in such a way that the desired outcomes are achieved? Also , are programs organized and implemented efficiently? Most Often Usually Sometimes ) Seldom 1982 Council Evaluation of the City Manager Page 5 6 . Long Range Planning In carrying out his responsibilities , does the Manager devote sufficient attention to taking a future oriented perspective , so that the policies and management procedures used enable the City to effectively respond to its future? Most Often Usually Sometimes Seldom 7 . Public Communications Is the Manager effective in speaking for the City, and inspiring a sense of respect in citizens for the City government? Is the Manager sensitive and effective in dealing with the requests and complaints of the individual citizens? noes he maintain an open and positive relationship with the press ? Most Often Usually Sometimes Seldom 8 . Relations with Mayor and Council Does the Manager maintain an open and honest channel of com- munication with Councilmembers , both collectively, and individually? Is the Manager , in the way he carries out his duties and responsibilities , supportive of the Mayor and Council in their efforts to carry out their responsibilities as elected officials ? Most Often Usually Sometimes X Seldom 9 . Ingovernmental , Neighboring Community, and Professional Responsibilities Is the Manager effective in dealing with other levels of government and neighboring communities , to achieve amicable solutions to mutual problems , while vigorously defending the interests of the City of Coon Rapids? Does the Manager ac- tively participate in metropolitan and state policy making groups , as well as professional organizations , and does he provide leadership to other managers in the area? Most Often Usually _ Sometimes 2( Seldom 10 . Personal Characteristics Does the Manager display personal characteristics which enhance his ability to carry out the responsibilities of the Chief Administrative Officer of the City of Coon Rapids? Most Often Usually Sometimes X Seldom 1995 Council Evaluation of the City Manager Page 6 IV. ADDITIONAL WRITTEN COMMENTS: What do you feel are some of the Manager' s strongest points and finest accomplishments this year? As noted last year, the City Manager is well educated and informed about municipal management and city functions. However, he has not availed himself of continuing education opportunities and his arrogance and negative attitude cancel the good he could do for the city and the citizens in his position. What areas of the Manager' s performance do you feel most need improvement? Why? Do you have suggestions as to how the Manager can improve in these areas? 1. Administration and Organizational Management: The problems enumerated in last year's evaluation not only have not improved and but have intensified, evidenced by unionization in the police department. Management by threat and intimidation continues. Staff members are not encouraged to make reports at Commission meetings, and if they do they are constantly interrupted by you. The "staff reports" portion of our agenda is a mockery. Your constant interruption of commissioners and your not listening to others' questions or opinions are unacceptable. 2. Employee Relations and Staff Development: There has been no improvement in this area since last year. Key employees have resigned and there is still evidence of intimidation. Morale is even lower now than it was at the last evaluation. There has been little initiative on your part to overcome these conditions without force from the commission. You are opposed to any input from anyone in the government who might have legitimate criticism and you respond with intimidation and ridicule. It is common knowledge that you bully and intimidate lower staff members into quiet submission. 3. Budgeting and Financial Management: The loss of more than thirty thousand dollars in revenue from the county in occupational licenses earlier this year is an example of fiscal irresponsibility and poor management from your office. In addition, there seems to be a cavalier attitude about particular expenses and services involving expenditures for certain constituencies that meet your standard. At the same time anyone who might suggest an expenditure that doesn't meet the standard 1995 Council Evaluation of City Manager 6 is met with a litany of excuses from "it's not in the budget" to "there's too much liability" or "it's against the law." An example of this is the design of the budget to pit employees' salaries against the senior program. There is a prevailing negative attitude of"it can't be done," rather than a positive approach of"let's look at ways we can get it done." The philosophy that you choose to follow that presupposes you can spend any monies as long as they are in the budget is a questionable and dangerous practice. 4. Policy and Program Development: Initiative is not evident in this area. Policies are not initiated unless forced by the Commission. We are still operating on the implied policy of"who you know" to get things done. The "pocket veto" is alive and well by virtue of the policy implementation described below. The pressure to change the emergency notification policy had to be exerted by the Commission. To date the answer to whether we have any innovative programs or ideas is still "no." The closest we came to being innovative was my suggestion to get help with the grass cutting on public property during the summer, and the recommendation was to contract the cutting of retention ponds to free up city personnel for other maintenance jobs. The idea took a quantum leap from retention ponds to the City Hall, lake front, and Maguire House areas. This contract was awarded without discussion from the Commission. 5. Policy Implementation: We had the fiasco about the fast-food restaurant in the Winn-Dixie Plaza, then suddenly construction began on McDonalds across the street, to the surprise of and without any consultation with the commission. At the time of the controversial discussion, one commissioner actually accused you of not telling the truth in regard to this issue, and it took commission action to reverse an absolutely clear direction given to staff at a commission meeting earlier in the year. This was an example of flagrant disregard of the directive of the commission. You have led the way in trying to trash the senior's program even though the majority of the commission voted for it. The staff time and legal fees spent in trying to override and interfere with the direction of the majority of the commission is tantamount to playing politics--which is out of the realm of your responsibilities as defined by the ICMA Code of Ethics (Exhibit A). 6. Long Range Planning: An emergency preparedness plan is a program that needs to be developed and implemented. I have requested same for more than two years. To date the commission has not received even a draft of this plan. There is an urgent 1995 Council Evaluation of City Manager 7 need to solve the drainage problems either in-house or by contract. Currently no such plan has been presented, in spite of obvious severe problems that have existed for two years or longer. 7. Public Communications: There seems to be a lack of openness with the public regarding city matters. There is little if any "PR" with the media to inform our public of the good things happening in our city. We had and still have the opportunity to enhance our city with TV and other media coverage yet there isn't any interest from your office in doing so. 8. Relations with Mayor and the Council: There is selective communication with the Mayor and Commissioners. Refer to the "pocket veto" referenced earlier. You have been overheard to state that you have "three votes," therefore you perceive that you have no need to communicate with all members of the commission. In addition, on the rare occasion that communication is initiated by you, it is only because the issue is forced. A case in point is the memo sent by Commissioner Gleason in February (Exhibit B), which spurred you to initiate meetings with me and the other commissioners. You invited me to respond as to whether I had problems with the way you conduct yourself in your position, and I felt I had a responsibility to do so. However, when I responded to your query regarding your performance (Exhibit C), I received a snide memo from you (Exhibit D) that was clearly political in nature. Your response (Exhibit E) to Commissioner Gleason's scathing memo was conciliatory--one of explanation and promises to improve your performance. I believe I deserve at least the same courtesy afforded to the commissioner. Instead you chose to make your response political and personal, addressing issues not even mentioned in my memo and not responding to any of the issues in question as you did in your response to Commissioner Gleason. Specifically, your memo went as far back as my 1992 campaign, and you stated that I ran my campaign on a strong Mayor form of government. First of all, you are wrong on that point. I never said I wanted to function as a "strong Mayor" (your words), but as an "active Mayor." Secondly, this type of response by you is yet another strong indication of your unwillingness to communicate with me on a nonpolitical and nonpersonal level for the good of the city. I asked for a report to the commission on the operation of our emergency services during Hurricane Erin and you said you didn't see any use in doing it. (Note Exhibit F, which is a report to the Commission of the City of Maitland, provided within two weeks of the storm.) Following Hurricane Erin's damage within our city, 1995 Council Evaluation of City Manager 8 you denied that the sanitation department needed help in picking up debris and refused to transfer other city workers to help out. It was only after my calling an emergency City Commission meeting that you took action. 9. Intergovernmental, Neighboring Community, and Professional Responsibilities: As stated last year, there is little apparent effort to interrelate to the community or neighboring communities. You do little to keep up with innovative developments in government, such as volunteer involvement. Your previous statement (backed up by lack of action) is that they just get in the way. On many occasions I have been told by people who are unrelated to any politics and from outside of our city that they were treated rudely, if not downright insulted, by you upon encountering you as a representative of our city. I have recently heard of a developer moving a project to another city because of the shabby treatment received from you. 10. Personal Characteristics: I have had to listen to complaints from citizens and outside developers of your rudeness and use of profanity during encounters with those who might be seeking only information. There is no place for rudeness and arrogance when one is charged with representing our city to others or in dealing with our own citizens. The evaluation form that we have chosen to use defines personal characteristics, in part, as " . . . maintaining a personable and warm attitude toward others . . ." In my experience and from what numerous citizens have told me, you have conducted yourself in a way that is the exact opposite of this statement. In conclusion, I reiterate my thoughts written in my memo of March 19, 1995. At that time I said ". . . you have not exhibited the qualities, skills, openness to new ideas, or willingness to change necessary for your position. You have shown no apparent effort to improve in the areas recommended by any commissioner last summer and you exhibit no interest or intent in doing so in the future." To quote again the evaluation form under personal characteristics, the City Manager should exhibit ". . . the ability to maintain a high level of motivation for self, manage stress effectively, [and] maintain a healthy tolerance for the uncertainties which are part of municipal management . . ." Is this a description of your performance? I don't think so. 1995 Council Evaluation of City Manager 9 The citizens of this fine city have been subjected to negativity and verbal abuse for many years, as have many of our employees and elected officials. I believe it is time for you to move on and with that said, I ask publicly for your resignation based on the continued misuse of your power to the benefit of a few and the detriment of many. 1995 Council Evaluation of City Manager 10 ... • 4 WHO'S WHO 1994-1995 , 4; , ,,, ICMA Code of thins4# //�L // '/ 1{' J with Guidelines As Adopted by the ICMA Executive Board in 1924 and most recently revised in January 1994 The purpose of ICMA is to increase the proficiency of city managers, county managers, and other municipal administrators and to strengthen the quality of urban government through professional management. To further these objectives, certain principles shall govern the conduct of every member of ICMA, who shall: 1. Be dedicated to the concepts of ef- less the employer makes fundamental fective and democratic local government changes in terms of employment. 5. Submit policy proposals to elected by responsible elected officials and be- Credentials.An application for employ- officials; provide them with facts and ad- lieve that professional general manage- ment should be complete and accurate as vice on matters of policy as a basis for ment is essential to the achievement of to all pertinent details of education,experi- making decisions and setting community this objective. ence,and personal history.Members should goals;and uphold and implement munici- recognize that both omissions and inaccu- pal policies adopted by elected officials. racies must be avoided. 2. Affirm the dignity and worth of the Professional Rsspect.Members seek Guideline rendered by government and ing a management position should show servicesin a enderedtive,creative,andpardrac- professional respect for persons formerly Conflicting Roles.Members who serve ? tical attitude toward urban affairs and a holding the position or for others who might multiple roles—working as both city attor t 1 deep sense of social responsibility as a be applying for the same position. Profes- ney and city manager for the same corn- trusted public servant, sional respect does not preclude honest munity, for example—should avoid differences of opinion; it does preclude participating in matters that create the ap- attacking a person's motives or integrity in pearance of a conflict of interest.They should Guideline order to be appointed to a position. disclose the potential conflict to the gov- Confidentiality. Members should not erning body so that other opinions may be Advice to Officials of Other Municipali- discuss or divulge information with anyone solicited. ties.When members advise and respond to about pending or completed ethics cases, inquires from elected or appointed officials of except as specifically authorized by the Rules other municipalities, they should inform the of Procedure for Enforcement of the Code administrators of those communities. of Ethics. 6. Recognize that elected represents- i° Seeking Employment.Members should tives of the people are entitled to the not seek employment for a position having credit for the establishment of munici- 3. Be dedicated to the highest Ideals of an incumbent administrator who has not Pal policies; responsibility for policy honor and integrity in all public and per- resigned or been officially informed that his execution rests with the members. i`• sonal relationships in order that the member or her services are to be terminated. may merit the respect and confidence of • the elected officials,of other officials and 7.Refrain from participation in the elec- k employees, and of the public. 4. Recognize that the chief function of tion of the members of the employing I, local government at all times is to serve legislative body, and from all partisan Guidelines the best interests of all the people. political activities which would impair iperformance as a professional admin- { Public Confidence. Members shouldGuideline istrator. 1' conduct themselves so as to maintain public !' confidence in their profession, their local Length of Service.A minimum of two Guidelines �;• government, and in their performance of years generally is considered necessary in ia' the public trust. order to render a professional service to Elections of the Governing Body.Mem- ! Impression of Influence. Members the municipality. A short tenure should be bers should maintain a reputation for serv- 1:1. should conduct their official and personal the exception rather than a recurring expe- ing equally and impartially all members of affairs in such a manner as to give the clear rience. However, under special circum- the governing body of the municipality they impression that they cannot be improperly stances, it may be in the best interests of serve, regardless of party.To this end,they influenced in the performance of their offi- the municipality and the member to sepa- should not engage in active participation in ,'g cial duties. rate in a shorter time. Examples of such the election campaign on behalf of or in Appointment Commitment. Members circum-stances would include refusal of the opposition to candidates for the governing l'' who accept an appointment to a position appointing authority to honor commitments body. I;° should not fail to report for that position. concerning conditions of employment, a Elections of Elected Executives.Mem- This does not preclude the possibility of a vote of no confidence in the member, or bers should not engage in the election } member considering several offers or seek- severe personal problems.It is the respon- campaign of any candidate for mayor or i,' ing several positions at the same time, but sibility of an applicant for a position to as- elected county executive. once a bona fide offer of a position has certain conditions' of employment. Other Elections. Members share with been accepted, that commitment should Inadequately determining terms of employ- their fellow citizens the right and responsi- be honored. Oral acceptance of an em- ment prior to arrival does not justify pre- bility to exercise their franchise and voice ployment offer is considered binding un- mature termination. their opinion on public issues. However, in 'i The Association 5 order not to impair their effectiveness on tiality govern a member's decisions per- there is a conflict with personal investments. behalf of the municipalities they serve,they taining to appointments,pay adjustments, Purchases and sales which might be Inter- should not participate in election campaigns promotions, and discipline. preted as speculation for quick profit ought for representatives from their areas to county, to be avoided (see guideline on"Confiden- school, state,and federal offices. Guideline tial Information"). Elections on the Council-Manager Because personal investments may Plan.Members may assist in preparing and Equal Opportunity. Members should prejudice or may appear to influence offi- presenting materials that explain the coun- develop a positive program that will ensure cial actions and decisions, members may, cit-manager form of government to the public meaningful employment opportunities for in concert with their governing body, pro- prior to an election on the use of the plan.If all segments of the community. All pro- vide for disclosure of such investments prior assistance is required by another commu- grams, practices, and operations should: to accepting their position as municipal ad- nity, members may respond. All activities (1) provide equality of opportunity in em- ministrator or prior to any official action by regarding ballot issues should be conducted ployment for all persons; (2) prohibit dis- the governing body that may affect such within local regulations and in a profes- crimination because of race,color,religion, investments. sional manner. sex,national origin,political affiliation,physi- Personal Relationships. Members Presentation of Issues. Members may cal handicaps, age, or marital status; and should disclose any personal relationship assist the governing body in presenting is- (3) promote continuing programs of affir- to the governing body in any instance where sues involved in referenda such as bond mative action at every level within the orga- there could be the appearance of a conflict issues, annexations, and similar matters. nization. of interest. For example, if the manager's It should be the members' personal spouse works for a developer doing busi- and professional responsibility to actively ness with the local government, that fact recruit and hire minorities and women to should be disclosed. 8. Make it a duty continually to improve serve on professional staffs throughout their Confidential Information. Members the member's professional ability and to organizations. should not disclose to others, or use to develop the competence of associates in further their personal interest, confidential the use of management techniques. information acquired by them in the course of their official duties. 12. Seek no favor; believe that personal Private Employment.Members should Guidelines aggrandizement or profit secured by con- not engage in,solicit,negotiate for,or promise Self Assessment.Each member should fidential information or by misuse of pub- to accept private employment, nor should assess his or her professional skills and abili- lic time is dishonest. they render services for private interests or ties on a periodic basis. conduct a private business when such em- Professional Development.Each mem- Guidelines ployment, service, or business creates a ber should commit at least 40 hours per conflict with or impairs the proper discharge year to professional development activities Gifts. Members should not directly or of their official duties. that are based on the practices identified indirectly solicit any gift or accept or re- Teaching,lecturing,writing,or consulting by the members of ICMA. ceive any gift—whether it be money, ser- are typical activities that may not involve vices,loan,travel,entertainment,hospitality, conflict of interest or impair the proper dis- promise, or any other form—under the fol- charge of their official duties.Prior notifica- lowing circumstances: (1) it could be rea- tion of the appointing authority is appropriate 9. Keep the community informed on mu- sonably inferred or expected that the gift in all cases of outside employment. nicipal affairs; encourage communication was intended to influence them in the per- Representation. Members should no. between the citizens and all municipal of- formance of their official duties; or (2) the represent any outside interest before ani ficers; emphasize friendly and courteous gift was intended to serve as a reward for agency, whether public or private, excep service to the public; and seek to improve any official action on their part. with the authorization of or at the directior the quality and image of public service. It is important that the prohibition of of the appointing authority they serve. unsolicited gifts be limited to circumstances Endorsements. Members should no related to improper influence.In de minimis endorse commercial products or service: situations such as tobacco and meal checks, by agreeing to use their photograph, en 10. Resist any encroachment on profes- for example, some modest maximum dol- dorsement, or quotation in paid or othe sional responsi ilities,believing the mem- lar value should be determined by the mem- commercial advertisements,whether or no ber should be free to carry out official ber as a guideline. The guideline is not for compensation.Memoers may,however policies without interference, and handle intended to isolate members from normal agree to endorse the following, provide( each problem without discrimination on social practices where gifts among friends, they do not receive any compensation: (1 the basis of principle and justice. associates, and relatives are appropriate books or other publications;(2)professions for certain occasions. development or educational services pro Guideline Investments in Conflict with Official vided by nonprofit membership organize Duties. Members should not invest or hold tions or recognized educational institutions Information Sharing. The member any investment,directly or indirectly, in any (3) products and/or services in which thi should openly share information with the financial business,commercial,or other pri- local government has a direct economic governing body while diligently carrying out vete transaction that creates a conflict with interest. the member's responsibilities as set forth their official duties. Members'observations,opinions,an( in the charter or enabling legislation. In the case of real estate,the potential analyses of commercial products used c use of confidential information and knowl- tested by their municipalities are appropri edge to further a member's personal inter- ate and useful to the profession when in est requires special consideration. This cluded as part of professional articles an( 11. Handle all matters of personnel on the guideline recognizes that members'official reports. basis of merit so that fairness and impar- actions and decisions can be influenced if • •ee op 1181fi o c o •r O :� // JIM GLEASON rfi°R Goo COMMISSIONER COMMISSIONER 150 N.LAKESHORE DRIVE OCOEE,FLORIDA 34761 (407)656-2322 TO: Ellis Shapiro 856 HAMMOCKS DRIVE OCOEE,FLORIDA 34761 (407)299-9130 FROM: Jim Gleason, City Commissioner District Four DATE: February 25, 1995 SUBJECT: Performance Concerns Ellis, I feel it is important that I advise you of several concern I have regarding your performance as City Manager. I was one of the commissioners that led the effort on August 2, 1994 to extend your contract. I believed at the time, by renewing your contract, the Commission was creating an opportunity for you to be an "effective" City Manager. I also thought it was important not to jeopardize any negotiations with Homart concerning the Lake Lotta Mall. I had hoped there would be a renewed enthusiasm and commitment on your part towards your role as City Manager. Needless to say, I am very saddened and disappointed with your attitude, commitment, and job performance since you received your new contract. In reference to your review dated June 29, 1994, I requested that you continue to improve all aspects of communication. To date I have seen no improvement or effort. I also stated my concern for the overall morale of the City Staff. I have seen a deterioration, not an improvement. This indicates to me a total lack of concern for improving the working environment of all City employees. While I have heard your frustrations concerning the Mayor, you have made no effort to improve communication or cooperation. While it takes two to communicate, I feel you could have made a more determined effort. I am also concerned that you have allowed the Ocoee Police Department to be the only department in Orange County to remain on an outdated 600 radio system. I am also disturbed concerning our delay in improving and upgrading our over-all computer system. The last two financial audits have stressed our need for improvement. As City Manager, I hold you fully responsible for the loss of over $30, 000 in Occupational License fees. It is your duty to keep the Commission informed about State and County actions that can effect our city' s financial future. I am also insulted by your need to continually "play" word games during Commission meetings and conferences in your office. This shows a lack of respect and interest to those who must deal with you. THE PRIDE OF WEST ORANGE In order for the City Manager form of government to be successful it must rely on complete trust and communication between the elected officials and the appointed manager. While I expect you to give your opinion and thoughts on issues facing our city, your role is to carry out the policies of the Commission, not to make policy. Concerning the Winn Dixie Plaza and the issue of McDonald' s, I am deeply disappointed in your lack of honesty when I approached you concerning this matter. You were less than truthful and it appears to me you were undermining the policy and the intent of the City Commission. I am also concerned with the fact that you seldom put in a full day' s commitment in running our City. As the leader of staff an employees, they look to you to set the proper example. If you continually leave early and demonstrate a lack of commitment to your job, how can you demand or expect others to make that commitment? It appears to me you have no enthusiasm or enjoyment for your role as City Manager. The effort you have put forth since August 2, 1994 is unacceptable to me. Your performance is an insult to your Department Heads and all City Employees. I feel it has been an abuse of the trust and support the Commission should have in you. Finally, it is an insult to the over 17,500 residents of Ocoee that pay your salary. I 'm disappointed to have to write this memo involving your performance during the past few months. I hope this will serve as a tool in improving your job performance. I am available to discuss this with you at your request. I // • • „r,. ._ _ EX /i, eifi C o a — S. Seat V.guaierficide MAYOR CP coo° 150 N.LAKESHORE DRIVE OCOEE,FLORIDA 34761 (407)65&2322 MEMORANDUM FAX(407)656-5725 TO: City Manager Ellis Shapiro and Board of City Commissioners FROM: Mayor Scott Vandergrift DATE: March 19, 1995 5 5 G1 RE: Performance Concerns In our recent meeting,you asked if I had problems or thoughts on the way you conduct yourself as City Manager. I judged this to be a pro forma question resulting from the memo of February 25, 1995, from Commissioner Gleason regarding your performance and your memo of response on February 28, 1995. As I told you, I prefer not to respond with a "knee-jerk" reaction; therefore, I have given much consideration to my response. It should come as no surprise to you that,yes, I do have problems with the way you conduct yourself in your position. You should also recall that I recounted many aspects of what I believe to be inadequate performance on your formal evaluation last August. I have recently reexamined this evaluation and I suggest you do the same. In the areas needing most improvement, I enumerated a number of concerns and requirements. In my estimation there has been no improvement in any of the areas listed by me or those of the other Commissioners. In other words, my evaluation is as valid today as it was when it was written in August 1994. (See attached copies of evaluation summaries.) Budgeting and Financial Management Regarding the loss of$39,000 in revenue from occupational licenses, I am greatly disturbed that such a mistake was made. It was irresponsible and totally avoidable. I am even more upset over the fact that this issue was brought to light only through my question in the quarterly budget review on February 21, 1995. If that question had not been asked, had you any plans for pointing it out to the Commission? 1 THE PRIDE OF WEST ORANGE Policy Implementation Regarding the establishment of a McDonald's at the Winn Dixie Plaza, your actions were in direct opposition to the wishes of the Commission at the time. Further, it pu77les me that you deemed it necessary to call a former Commissioner who was on the council at the time of the discussion, when there are currently three other Commissioners and myself still on the Commission who were present for that discussion. Nonetheless, your actions are yet another example of your disregard of the wishes of others in favor of action that you think should be taken. This seems to be a pervading attitude in many of your actions. Communication In reexamining my evaluation from August, 1994, I reviewed the evaluations of the four other Commissioners. Four out of five Commissioners stated that you need improvement in the areas of communication and openness to the ideas of others. There certainly has been no improvement in this area since your evaluation. I have seen little, if any, improvement in this area in the past two years, and no effort on your part to improve in spite of your pledge to do so. For more than two years I have quietly withstood your "surly" or "burly" disposition and, more importantly, listened to others complain to me about it. I have had to field numerous complaints about your attitude and disposition from citizens, city workers, and people outside of our community. No one appreciates this kind of personality or performance. You may recall that soon after I was elected in 1992, I arranged for a luncheon with you and former Mayor Lester Dabbs to try to establish some form of communication with you. In my opinion, one of the most revealing aspects of your management style came out of that meeting: you said you didn't care what I thought, you didn't care what the citizens thought, and you didn't care what the people who worked for you thought about how you performed your job. I was shocked by this statement, but asked you if you meant to say that you didn't mind what they think of you. You, in turn, responded unequivocally that you didn't care. I think this is the most irresponsible statement I have ever heard from a civil servant. I have seen no evidence that this attitude has changed since that discussion. If anything has changed it is that the frequency of complaints to me has increased. Morale In your evaluations last summer, three out of five Commissioners stated that there is a morale problem among the staff in the city. Regarding this issue, city Memo to Ellis Shapiro 3/19/95 2 employees have mentioned such things as management by intimidation and dictator-like mandates that keep almost everyone on edge. There is no feeling of positive reinforcement such as recognition, reassurance, and encouragement, as I have suggested repeatedly. This situation has not changed and, in my opinion, is one of the factors that has led to the loss of quality employees and to the union movement within the police department. Policy and Program Development I believe the failure to react to the changing of the election schedule in a timely and efficient manner falls into this category. The changing of election days by the County Supervisor of Elections was brought to your attention well before the rest of us got clobbered with the change. Your attitude was one of disinterest. We should have been leading a full-fledged effort to block the county registrar from proceeding without a full study being made of the situation. Disregard and stalling resulted in the situation we were faced with this past November. Volunteerism I have repeatedly encouraged the participation of volunteers in every aspect of our government. Our country was founded on and still largely functions due to the participation of volunteers. In fact, the current movement across the state of Florida is to increase volunteer involvement. Yet, when I approached you about volunteer forces for various needs within the city you responded that you don't want volunteers because "they just get in the way." In just this one statement a pervading attitude is evident. You do not want any interference with your power, and anyone who gets in your way is treated with disdain. The mere fact that Commissioners are paid such a pittance actually makes them the ultimate volunteers within the city, and this may account for your overall disdain toward them also. Conclusion Overall, you have not exhibited the qualities, skills, openness to new ideas, or willingness to change necessary for your position. You have shown no apparent effort to improve in the areas recommended by any Commissioner last summer and you exhibit no interest or intent in doing so in the future. Your arrogance and attitude have brought criticism to our city and held us back from advances that could make our city better. Your policy implementation has brought criticism from our citizens and has resulted in the loss of quality city employees Memo to Ellis Shapiro 3/19/95 3 and outstanding citizen volunteers from key boards within the city. Your attitude and demeanor have trickled down to some department heads within the city, resulting in poor relations with the public and elected officials and low morale within the staff. In short, it is apparent to me that your behavior, attitude, and goals are not compatible with the long range plans of our city and the best interests of our citizens. Attachments Memo to Ellis Shapiro 3/19/95 4 • 1994 Council Evaluation of the City Manager Page 6 VI . ADDITIONAL WRITTEN COMMENTS -- Attach additional page if needed What do you feel are some of the Manager' s strongest points and finest accomplishments this year? The City Manager is well educated and knowledgeable in administrative issues, budgetary requirements, and policy and program development as required by his job. What areas of the Manager' s performance do you feel most need improvement? Why? Do you have suggestions as to how the Manager can improve in these areas? The Manager's professional knowledge of administration and policy is either not used to the advantage of all citizens within the City or hampered by the manner in which information is disseminated. The following comments of elaboration correspond to areas ranked in priority under part II on page 3 and evaluated under part III on pages 4 and 5 above. 1. Administration and Organizational Management -- There is-poor morale within the city. I would like to see an atmosphere that N'-';',o-fl-d-2 the lowest level employee look forward to coming to work. We have discussed some programs in the past and they have failed to be implemented because as you say it's none of my business and you don't care what people think. It starts with yoou caring, —,--- 2. Budgeting and Financial Management -- This area should be used, not as a personal agenda, but as a means to inform the public and commissioners of options available to them for present and future needs. There has been some improvement in this area but there still seems to be a failure to fully communicate with the citizens in respect to budgetary matters such as the millage rate and supposed lack of tax increases. 3. Policy and Program Development -- A general policy and directive manual should be written that helps give direction to staff and employees about how things should be handled. Instead we currently have a philosophy that things get done depending on "who you know" which is discouraging to all but those who are members of the "buddy system." We are all here to deliver first rate service to everyone equally, no matter who they know. The "pocket veto" (your term) should not play a role in the determination of who gets information or of what policies are made and implemented. Besides, the Charter does not give the City Manager a "pocket veto" Programs should be implemented that encourage innovative ideas and creative achievement. I was genuinely disappointed and found it odd when I questioned you about the City Innovations Showcase from the Florida League of Cities'regarding whether we had any innovative ideas and you answered with a succinct "No." ' 1994 Council Evaluation of the City Manager Page 7 4. Employee Relations and Staff Development -- The constant reorganization of the staffs duties and positions have far reaching ramifications that have staff perplexed to the point of possible resignation. In some cases this has happened. This is not an indication of good managerial skills. Instead, 1nanigement by threat and intimidation seems to be the order of the day. 5. Policy Implementation -- Everyone, from elected officials to the lowest level of worker affected, should be informed when policies are implemented or changed. The policy should reflect sound judgement and be reviewed by staff and Commissioners before implementation -- not dictated. 6. Relations with Mayor and Council -- This particular area places you directly in the political arena if you so choose and, at this point, it has become obvious that you have chosen to use your position for that means. (Reference is made here to the "pocket veto" as discussed in #3 above.) LEach Commissioner should be kept informed equally without having to ask what is going on. There is an apparent inequality of treatment in accomplishing the objectives of certain Commissioners including the Mayor (the stub road in Sawmill for example). I ask for a change in attitude a more professional approach to treating all Commissioners equally. 7. Intergovernmental,Neighboring Community,and Professional Responsibilities Little apparent effort is made to interrelate to the community by you or your staff. You speak of a lack of response to requests for grants or help from other government agencies who can have a great impact on our city through their knowledge and authority. Instead we admonish them for not cooperating with us on demand. 8. Long Range Planning -- This area appears to be in good shape although I see it as influenced by some short term situations that are political in nature. One example is the misuse or denial of access to ball fields. The goals and mission of this city is not just growth but adapting a character that will outlive the current "boom" period. 9. Public Communications -- ;this area is one that needs a great deal of work. Citizens have complained of rudeness and arrogance on your part,This is a major complaint to me from citizens both within and outside the community. l rte'' G.6 • L'`7 /, Signature � / Date I I I .ouncil Evaluation / • t`�e City ,Manage:- .Je 0 • :V. ADDITIDV.aL -YRI T"",V COMMENTS— Attach additional page if needed . What do you eeei are some of the Manager ' s strongest points and finest accompl ishments this year ? Handling of the growth of the new Mall coming into Ocoee has been an awesome task and the excellent staff he has working on it allows the project to continue to move forward. His handling of the budget considering the growth we have had, and not raising taxes has been a tremendous responsibility. He also represents the City well and developers well, in that he will stand up to the County and let them know we are here.; His expertise in picking out qualified Department Heads has enhanced our total City operation. What areas of :he Manager ' s performance erneP omance do you feel most need in VtheseDa� eas� have sug;estions as to how the Maria er can improve Manager Sometimes the way we present ourselves in our communication actions and listening skills need to be looked at. Ellis has the City at heart but sometimes tFiis does not come across to the citizens or staff in that same light. I have found out that contrary to what I have just said he does have the citizens, staff and employees best interests at heart. He has always dealt fair with me and has responded to my questions on issues. We, as leaders and elected officials, must work hard at respecting and communicating to the citizens and employees. Each one of us must work together to achieve this goal. Our City is now at the forefront of grow we will be watched by everyone which makes communications and respect for alltveryd important. Ellis can do it and I'm sure he will work harder at it. Date 4ncil Evaluation • - .he City Manager • '5 rv . ADDITIONAL WRITTEN COMMENTS- - Attach additional page if needed . What do you Eeel are some of the Manager ' s strongest points and finest accomplishments this year? 1. The hiring of a very knowledgeable, erudite, professional, dedicated staff. 2. Your ability to speak openly and candidly with the Commission concerning the issues facing the City. 3. Your ability to lead the City forward, to face the challenges, to make major infrastructure improvements, to put Ocoee on the map, to make Ocoee a recognized name among the leaders of Florida municipalities. 4. The maintenance of fiscal integrity. What areas of the Manager ' s performance do you improvement ':' Why? Do you have suggestions feel most need suggestions as to how the Manager can improve in :hese areas ? 1. Ellis, you and I share a common fault. We are not always open to the views and concerns expressed by others. , I think we both tend to be a little dognatic in an approach to dealing with others. We may listen but we probably have already arrived at a conclusion. I blame my mother, I am my mother's son. Who do you blame? If I had to pick a fault it would be your hesitancy to accept the views of others. But I am not willing to cast the first stone. • gq y r )'ate , ;ouncil Evaluation the City ,Manager a 6 V. ADDITIONAL WRITTEN COMMENTS- -Attach additional page if needed . What do you feel are some of the Manager ' s strongest points and finest accomplishments this year? 1. Knowledge 2. Communication with Staff/Commission 3. Financial 4. Candid with me as a Commissioner What areas of the Manager ' s performance do you feel most need improvement ? Why?: Do you have suggestions as to how the Manager can improve in these areas ? 1. Public Communications - Needs to be out and about more. 2. Employee Relations - Staff morale is very low. Fear to talk to you about problems. This is causing unrest to the point of people leaving the city. Please let people talk to you before cutting them off with the fear of dismissal. • • ?/. Signature Date .puncjl Evaluation sae—L' t_y Manager e v • rv. ADDITIONAL WRITT7N COMMENTS- - Attach additional page if needed . What do you feel are some of the Manager ' s strongest paints and Finest accomplishments this year ? See Attached • • What areas of the Manager ' s performance do you feel most need improvement ? Why? Do you have suggestions as to how the Manager can improve in these areas? See Attached •I Si nature Date I 1994 Council Evaluation of the City Manager Page 7 IV. Ellis, I feel you have done an overall superior job for the City of Ocoee. Your ability to attract highly qualified department heads, i . e. Administrative Services, Planning, and Personnel, is a definite asset. You know what qualifications to look for and seek only the best for each position. Your communication with me has been candid, open and honest on all issues . I feel I always walk away knowing all aspects of each matter. You continue to improve the long range financial growth and stability of the city enhancing our ability to attract financing towards long range goals . Your ability to effectively communicate with our neighboring cities and the county is a great capability. I would like you to use this same effective communication skills and put them to use on a daily basis with staff and residents . The implementation and support of all the policy decisions of the commission is a further asset to your role as City Manager. I value your opinion and guidance on these issues . There is one area of your performance that I feel needs some attention. You need to continue to improve all aspects of • communication. The morale of the entire City Staff needs wor : Possibly a more democratic management style would enp employees and department heads to get their jobs done. You need to allow the department heads to give information when requested. Try not to cut them off or interrupt when they are sgeaj You must also continue to improve your communication with the city residents and others who come before the City Manager and Commission. You need to al ow of ers o spec eir case. Try to minimize confrontation with residents, making their experience with local government as favorable as possible. Although this is a two way street, you must try to improve communications with the Mayor. I also call upon the Mayor to put politics aside and make an effort to work with you for the betterment of the City and the citizens of Ocoee . • • Goals 1 . Continue to improve cash reserves and long term financial stability of the city. 2 . Continue to look for and plan long term economic viability and diversity. 3 . Major emphasis on parks, recreation expansion, improvement, i . e. recreation complex, pool, gym, etc. . 4 . Continue to improve road maintenance and expansion. 5 . Continue to enhance city status with other entities as a progressive, growing and viable city. • "CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER OCOee S.SCOTT VANDERGRIFT e r.:3" -(3-1`% COMMISSIONERS RUSTY JOHNSON CITY OF OCOEE PAUL W.FOSTER v O 150 N.LAKESHORE DRIVE SCOTT A.GLASS OCOEE,FLORIDA 34761-2258 e JIM GLEASON 'yJ, * (407)656-2322 CITY MANAGER 44.4p CITY GOO�` ELLIS SHAPIRO TO: MAYOR SCOTT VANDERGRIFT FROM: ELLIS SHAPIRO, CITY MANAGE:000. de,/ DATE: MARCH 27, 1995 SUBJECT: PERFORMANCE MEMORANDUM 3/19/95 I am in receipt of your memorandum dated above and after our discussion in your office, I read your comments carefully. During your first campaign and ever since you have run on the concept of a strong Mayor form of government for Ocoee. The present charter recognizes the elected officials as the policy makers of the City and leaves the administration of the City to the City Manager. This concept is in complete opposition to how you wish your Mayorship to be and therefore creates some conflict . I continue to make every effort to work with you and all of our elected officials in a professional manner, however, this inherent conflict continues to surface in every turn of our relationship. It is hard to please all people or staff all of the time. In the event you have not forwarded a copy of your memorandum to the other Commissioners, I shall do so along with a copy of this memorandum. cc : City Commission Attachment /II , d" "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER Ocoee S.SCOTT VANDERGRIFT 0\7 COMMISSIONERS •i CITY OF OCOEE • RUSTY JOHNSON J D. PAUL W.FOSTER O 150 N.LAKESHORE DRIVE SCOTT A.GLASS (' 4V OCOEE,FLORIDA 34761-2258 JIM GLEASON �'f'> (407)656-2322 444. CITY MANAGER Of G00D ELLIS SHAPIRO TO: JIM GLEASON, CITY COMMISSIONER / FROM: ELLIS SHAPIRO, CITY MANAGER /--,/ DATE: FEBRUARY 28, 1995 SUBJECT: PERFORMANCE CONCERNS I appreciated the opportunity to meet with you yesterday morning in an effort to resolve some of the performance concerns you mentioned in your memo to me dated 2/25/95 . • First of all, I consider any performance evaluation from my bosses to be important and I do not take the concerns that you have expressed in your memo of 2/25/95 lightly. I am hopeful that as a result of our meeting, you will feel comfortable to approach me immediately with any concerns you may have over my performance so that no frustration be built up between us . In the second paragraph you discussed the deterioration of the morale of my staff . I am surprised by this, but I was concerned to the degree that I called a special staff meeting yesterday at 4 : 00 p.m. to ask staff what problems they are having with me and what can be done to improve the morale . Interestingly, it appeared that the relationship between them and to some degree their relationship with the politics of the City has contributed to their concerns . Some pointers were received by me and I will meet with staff at least once a month to continue the dialogue . Incidently, the results of the meeting even more clearly suggests that some kind of retreat is needed by all . As we discussed, you and I have a difference of opinion regarding the Police Department radio system. First of all, I have had Motorola engineers check to find the dead spots and to recommend any improvements to aide the problem. While we all know they are there, the Engineers could not find them and felt that they may be atmospheric rather than systemic . The 800 radio system was in last years Capital requests, but could not be funded. Remember, we were barely able to balance a budget last year due to the additional insurance costs to the City. Finally, I hope that the Mall Police Impact fees can offset some of the costs estimated at between $250, 000 and $400, 000 . 00 . Page Two In regard to the data processing system, we are close to presenting a multi year program to the Commission for review. It took close to a year, to put together the department heads needs, go to RFP' s and select a company that can provide a full integrated system for the Commission to see. The first years funds were budgeted for FY 95-96 and our target has always been near mid-year of this fiscal year. The City Manager is responsible for any mistake made by his/her staff . In this case, representatives of the Cit were at the seminar regarding the change in occupa lona law and failed to report t e gni icance o this egis ation. No excuse, jus ' the farts . I believe the major chasm developed between you and I is over the Winn Dixie shopping center, and your feeling that I disregarded the wishes of the City Commission on how this project should develop. As the City Manager, the interpretation of the City Commissioners. legislative policy represents one of the ' most important functions of my office . In this case, it is clear that after listening to the tapes of the meeting and contacting a former City Commissioner that was seated during this issue, I had mis- interpreted your desires . This will happen, hopefully rarely, but it did in this case. Immediately, I stopped any further erroneous direction given to the developer prior to any economic harm to anyone . At no time, have I ever or will I ever attempt to undermine_ your wishes as a collective body. I have told every staff member t a wi , t at t e rue professional is the person who does a superior job in carrying out the policy wishes of a City ommission, when e s e •oes no agree wi t e po icy set . Finally, I will endeavor to adjust m schedule to be at City Hall during all work our , o ma e sue that I am more readily available to the staff and citizenry. Since I was totally surprised by your review of my recent performance, I feel it is important to meet with each City Commissioner to determine whether they too have problems with me that I am unawa e of . I wi a so s are your e er wit t em in an effort—to communicate those concerns you have. I am hopeful that through these anxious times, a better administration for our rest en s can be achieve . - cc : Mayor & City Commission FAuguMEETING DATE AGENDA REPORT AGENDA g0st 14, 1995 /I i• , Section: Council Discussion Subject: Hurricane Erin Incident , Item#:.y 2 Report Dept./Office: Fire and Emergency Medical Services . Requested Action or Motion: Receive Hurricane Erin Incident Report Summary Explanation & Background: Erin is fifth named storm of the 95 Season. Peak just beginning. City's Disaster Preparedness Plan proves dependable. Sunday, 7/30/95 at 11:30 pm Tropical Storm Erin. Probable landfall in Miami area. Monday, 7/31/95 at 11:30 am Emergency Condition (EMCON) 1. Readiness reviewed by staff. Tuesday, 8/1/95 at 10:45 am -EMCON 2. EOC opens. Contact Seminole/Orange EOCs. Tuesday, 8/1/95 at 3 pm Category 1 Hurricane Erin. Landfall projected north to New Smyrna. Watch issued for hurricane force winds in Orange/Seminole Counties. Normal business activities suspended for 8/2/95. Tuesday, 8/1/95, 7 pm EMCON 3. EOC fully operational. Wednesday, 8/2/95, 5 am EMCON 4. Lift station/water plant alarms, signal failures and roadway blockages. 10:45 am - EOC discontinued. Parks and Recreation 2 Parks Maintenance personnel posted at E.O.C. 2 at Fire Station at 10:00 p.m. 8/1/95. 10 Parks Maintenance and 3 Recreation Maintenance personnel working at 50 locations,8/2/95 and 8/3/95. 13 trees down. 12 damaged and removed. 10 street trees replanted. Dozens of broken limbs hanging in trees. Sanitation Division 5 trucks for bulk yard waste on 8/3/95. Regulations suspended. Adequate services by 8/4/95. City contractor used Kewannee as staging. Normal regulations 8/10/95. Public Works Water plants on line except #2 on 8/2/95. 6 am, 8/2/95, 15 lift stations without Florida Power. 9:30 a.m.,(8/3), 7 stations on generator power. No surface discharge and no wastewater back up into homes. Teams clearing storm drains and City roof drains. , 1 5 p.m.,8/3/95, 5 USA Services sweepers had worked 29 hours. 1 Water treatment plant #4 back on Florida Power at 1 a.m.,8/5/95. il 3 a.m.,(8/5), all lift stations up. f. \ J Police Department 7:00 pm, 8/1/95, emergency condition operation for 24 hours. Double shift coverage -enhanced business and residential patrols. i U Responded to 128 calls for service. 15 non-exempt employees worked 117 overtime hours (S2,325.10). //-` Exempt personnel contributed 72 hours. Four major intersections required manual control. /k, 15 officers supplemented normal schedule. Fire Department \--j 6 members supplemented duty crews. Overtime of$1,404. 7 Exempt members contributed 61 hours. 2nd Engine Company and Suburban in service at EOC. Communications by 800 MHz and VHF. 29 emergency responses in 24 hour period. Damage Assessment : $39,500.00 residential / house to house survey / Fiscal Impact: N/A • Exhibits Attached: ontact Perss n: D. Hardester Hurricane Erin Report o #: 3• - Department Head (1 /V- � City Mana_ s Off4 Reviewed by City Attorney p _ : 3 �acz of :he previously ouz' ined areas of managerial r escon- sibi7 ' ty is important . However , the City Manager frequently A ,to prior_ : i :e his time and effort in selected shas ..wed areas , dt some s . Please give your eweranking off i mperranceha ✓� excluded personal characteristics ) as to where he shouldLocus his time and effort . Numbert - sshould be highest priority, w " " he area of the - , with 9 :he least important . Administration and Organirationai Management Employee Relations and Staff Development 4-- Budgeting and Financial Management Policy and Program Development Policy Implementation Long Range Planning Public Communications 1 Relations with Mayor and Council ntergcvernntenta_ , Neighboring Community, and Professional Responsib ? - -4 5Co Comments_ . -_ `_se. provide any comments- which would elaborate on ✓ ^- on , including more the '- ^= - `_ -- - � - ' being specific about areas - �@ concern to 'Jou . :Ha: _ 33 _ .,ou:.c _ :'age = - -•vAUAT_oN OF M NAC:R 3Y AREA I L Rate the C_ _y Manager on his performance in each o areas , .7'f placing Q "X" ,�..� the the ten _ng annext to the term which you feels best describes the manager ' s performance in that area . 1 . Administration and Organizational Management Does the Manager plan and organize the work of the City organization in a way that effectively and efficiently carries out the goals and policies adopted by the City Council ? 1/ Most Often Usually Sometimes Seldom 2 . Employee Relations and Staff Development Does the Manager recruit and retain high quality employees , and motivate them to put forth their best efforts ? Does the Manager create among the City employees an attitude of com- mittment to the organization and its purposes ? Mot Often USuali.y Sometimes _Seldom 3 . Budgeting and Financial Management Does the Manager present resent a realistic budget that t nest; theCity' s within e ds _ _s ability to pay? Does he devote su ff- f _ciynt attention to maintaining e of :he City? •�= the long- term fiscal health I ::mss _ C•_te^ Usually y Sometimes c l c e_ cm .1 . pc_ c-T _ d ?rocram Deve n Does the Manager effectively assist the _ iCouncil - _ mu_ tng City policies and programs which will meetthe broad gals aid objectives the Council has set for the City? Most Often 1"'<u-ally Sometimes Se_ dom 5 . ?olicy rm lementatian Once Policy_ or Program has been developed and/or approve d;y Council , d .ethe Manage: e-- - _ . e =ec-_velyimplement theo_og_a . ;a such away :hat the desired outcomes - i -d ) + 7=n_ and implemented efficiently? Mcs: Often Usually Sometimes Seldom 3 Cou � - n r -o= the C: 'v,_\,anagger � 6 . ..ons Range D_ann_..c In carrying out his responsibilities , does the Manager devote sufficient attention to taking a future oriented perspective , so that the policies and management procedures used enable the City to effectively r spond to its future ? Most Often Usually Sometimes Seldom 7 . Public Communications Is the Manager effective in speaking for the City, and inspiring a sense of respect in citizens for the City government? Is the Manager sensitive and effective in dealing with the requests and complaints of the individual citizens? noes he maintain an open and positive relationship with the press ? Mosttv Of�..n Ussaily Sometimes Seldom 8 . Relations with Mayor and Council Does the Manager ,maintain an open and Honest channel at com- munication with Councilmembers , both coliectively and ndividually? Is the Manager , in the way he carries out his duties and responsibilities , supportive of the Mayor and Council in their efforts to carry out their responsibilities a s e 7 A,-�-/��/+' offs ? N _ `/ Often most Usually Sometimes Seldom 9 . _ cver-.menta_ • Vei _:zbor_nz Community , and ?-o=mac = mna_ Responsibilities 7.- s the Manager e==ective in dealing with other levels of zcver;_ment and neighboring amicable communities , to achieve i T solutions to mutual problems , while vigorously defending the interests of the City of Coon Rapids ? Does the Manager ac- tively par -icipate in metropolitan and state policy making groups , as well as Professional organizations , and does he provide leadership to other managers in the area? ✓ Mos- OftenUsually Sometimes Seldom -J . Personal C arac -eris -_cs , 1 Does :he Manager display personal character istic3 which enhance His ability tG c"_ -'T out :he responsibilities ofthe - ChiefC _s t_ _ ve 0-:.icer of the City of Coon Rapids ? Most Often . Usually Sometimes Seldom IV. ADDITIONAL WRITTEN COMMENTS. (MANAGERS STRONG POINTS AND ACCOMPLISHMENTS THIS YEAR. 1. I WOULD NOT EXPECT NOR WANT A CITY MANAGER THAT ALWAYS AGREES ` ITH ME. IN EFFECT 100 NOT WANT A YES MAN, WC n0 NOT Al WAYS AGREE AND I RESPECT THAT FACT. EACH OF US SPEARS OUR PIECE AND YET WE CAN DE-'AK I AS FRIENDS. I CONSIDER THAT A VERY ADMIRABLE TRAIT IN A Cm'MANAGER. VOi Io nOOo IS ALWAYS OPEN TO ME, YOU ALWAYS LISTEN TO MY CONCERNS.'r CU HAVE LEAS CCOEE INTO A NEW ERA OF GROWTH AND °POcocRITy YOUR STAFF IC WWTT!Jrl rT DOUBT THE FINEST OF ANY Ci I Y. HAVING LIVED IN CC;QC. Y YEAR6I rvA V c SEEN CITY MANAGERS COME AND GO NEVER 'A1/= I SEEN ODIC Ac r11 IAL ICICn INFORMED, AND AS ADMINISTRATIVELY STRONG AS r v:u ARE. YOU HAVE MY UNQUALIFIED SUPPORT AND ENlJvmsciviEN i. AREAS NEEDING IMPROVEMENT WE ALL HAVE ROUGH EDGES THAT NEED HONING. I SUPPOSE YOURS iviIGHT BE IN THE FIELD OF PUBLIC RELATIONS. HOW THE PUBLIC PERCEIVES YOU AND HOW YOU REALLY ARE MAY NOT BE THE SAME. I BELIEVE THAT YOU HAVE MADE GREAT STRIDES IN THIS AREA, THAT YOU HAVE MADE A SINCERE EFFORT TO IMPROVE YOUR PUBLIC IMAGE AND I WOULD ENCOURAGE YOU TO CONTINUE IN THIS FIELD. ONCE AGAIN; MY THANKS FOR MAKINr_ OCOEE A I FADER IN FLORIDA CES AV/9(9S- Ocoee 4., WY JIM GLEASON or coon` COMMISSIONER 150 N.LAKESHORE DRIVE OCOEE,FLORIDA 34761 (407)656-2322 856 HAMMOCKS DRIVE OCOEE,FLORIDA 34761 (407)299-9130 TO: Ellis Shapiro, City Manager FROM: Jim Gleason, Commissioner DATE: October 16, 1995 RE: 1995 Evaluation I apologize for the delay in submitting your evaluation, but it took some time for me to review all the necessary files. This was a very difficult evaluation for me to complete. I had hoped after my memo in February and our meeting and discussion at that time, that this would be a more favorable and positive statement. Unfortunately that is not the case. I hope you can believe this review is not election year rhetoric or politics, but my genuine belief in your performance and my concern for the future of the City of Ocoee. As usual, I am available for any discussion, questions cr comments you may have. THE PRIDE OF WEST ORANGE 1995 COUNCIL EVALUATION OF THE CITY MANAGER . . -ntrod .'cDefinitions and Listed below are ten broad areas of managerial responsibility performance , along with a brief description of each: and Administration and Organizational Management - -The ability to structure the organization , and plan and organize its work i such a way as to effectively and efficiently meet the municipaln service needs of the citizens , and carry out the goals and poli - cies adopted by the City Council . Employee Relations and Staff Development- -The abilityto recruit ana retain nigh quality personnel E .City ` high standard of performance for City employees , and ttotfoster o set aa sense of cbmmittment to providing a high level of public service to the citizens . Budgeting and Financial Management - -The ability to put together a financial plan ( i . e . the Annual Operating Budget , the Capital improvements Plan , and so forth) which realistically meets the City' s needs within its ability to pay. Also , the ability to take a future oriented perspective of the City ' s financial abil - ity, proposing policies and management procedures which will n longtect term fiscal integrity . �ro- Policy and. Program Development- -The ability to assist the City Council in developing specific policies and programs which Wil ; implement the broad goals and objectives that it sets for the Policy. implementation- -The ability to take the policies and programs whicn• have been initiated and/or approved by the City Council , and effectively implement them so that desired outcomes are achieved . Long Range Planning- -The ability to anticipate the future environment , needs , and problems of the City , recommending policy options and adotting management procedures which will le the v � enable City to respond appropriately to that future scenario . Public Communications - -The ability to effectively represent :He City and its policies to citizens , both collectively , and indivi - dually, including the ability to maintain constructive relations with the press and media . - Relations with Mayor and Council - -The ability to maintain an open and honest relationship witn Councilmembers , beth collectively and individually, and to respond in an effective and timely manner to their concerns . Playing a supportive r le to the Mayer and Council in their responsibilities as elected c:fficia`s 'without getting involvedin partisan politics . Council :' : tion olf :he Ci _-r +.anagen Page tngovernmental , Neighboring Community, and Professional ResDons oilitics - -Working effectively with policy makers at the federal , state , metropolitan , and county levels to amicably solve community problems , while forcefully representing the interests of F Ocoee . . . Fostering a high level of respect for the City of Ocoee at these levels , as well as in municipal organi :ations such as the Florida League of Cities . Enjoying the high personal reputation among fellow municipal management _ professionals , and taking an active leadership role in pro- fessional organizations . Personal Characteristics - -The ability to maintain a high level of motivation for self , manage stress effectively , maintain a healthy tolerance for the uncertainties which are a part of muni - . cipal management , maintaining a personable and warm attitude toward others , which encourages them to seek guidance in resolving problems related to the City organization . Council Eva_uaz :on of the City Manager ?age 3 • II . RANKING OF PRIORITY Each of the previously outlined areas of managerial respon- sibility is important . However , the City Manager frequently has to prioriti :e his time and effort in selected areas , at some expense to the others . Please give your ranking or importance ( we have excluded personal characteristics ) as to where he should focus his time and effort . Number "l" should be the area of the highest priority, with "9" the least important . :71 Administration and Organizational Management / . Employee Relations and Staff Development (;) Budgeting and Financial Management 3 Policy and Program Development ;1 Policy Implementation . 3 Long Range .Planning Public Communications IRelations with Mayor and Council Intergovernmental , Neighboring Community , and Professional Responsibilities Comments : Please provide any comments' which would elaborate on the above prioritization , including being more specific about areas that are of special. concern to you . _ouncil Evaluation of the City Manager ?age 4 III . EVALUATION OF THE MANAGER BY AREA Rate the City Manager on his performance in each of the ten areas , by placing an "X" next to the term which you feels best describes the manager ' s performance in • that area . 1 . Administration and Organizational Management Does the Manager plan and organize the work of the City organization in a way that effectively and efficiently carries out the goals. and policies adopted by the City Council ? Most Often Usually Sometimes Seldom 2 . Employee Relations and Staff Development goes the Manager recruit and retain high and motivate them to. put forth their t . effory em loos t , '�es �. e� lorts .�Does the Manager create among the City employees an attitude of com- mitt.. ent to the organization and its purposes ? Most Often C) Usually Sometimes . — Seldom 3 . Budgeting and Financial Management CDoes the Manager present a realistic buet that meets the City ' s needs within its ability to ay Does he devote uf- ficient attention to maintainingthe long- terms of the City? fiscal health Most Often Usually � 1Sometimes Seldom • 4 . Policy and Program Development Does the Manager effectively assist the Council in for- mu'_ating City policies and programs which will meet the broad goals and objectives the Council has set for the City? Most Often Usually f/ Sometimes Seldom S . Policy Implementation Once a policy or program has been developed and/or approved by the Council , does the Manager effectively implement the program in such a way that the desired outcomes are achieved? Also , are programs orga i zed and imple enr_ed ef= er7ly? Most Often Usually Sometimes Seldom Council :"Evaluation of the City Manager ?.3 ?4 5 . 6 . Long Range Planning In carrying out his responsibilities , does the Manager devote sufficient attention to taking a future oriented perspective , so that the policies and management procedures used enable the City to effectively respond to its future ? Most Often Usually !/ Sometimes Seldom 7 . Public Communications Os the Manager effective in speaking for the City , and inspiring aese of respect in citizens for the City government?atns the Manager sensitive and effective in dealing w' h the requests and complaints of the individual citizens?Coes he maintain an open and positive relationship with the press ? Most Often Usually (5)Sometimes Ødom 8 . Relations with Mayor and Council /, oes the Manager maintain an open and honest channel cf com- munication wis-,,b, Councilmembers , both collectively, and indivdually? s the Manager , in the way he carries out his duties and responsibilities , supportive of the Mayor and Council in their efforts to carry out their responsibilities as elected officials ? Most Often Usually (.---: 2 Sometimes (7) Seldom 9 . Ingovernmental , Neig_hboring Community , and Professional Responsibilities /Is the Manager effective in dealing with other levels of government and neighboring communities , to achieve amicable solutions to mutual problems , while v .oprously defending the interests of the City of Ocoee Z oes the Manager ac- tively participate in metropolitan . ana state policy making groups , as well as professional organizations , and does he provide leadership to other managers in the area? Most Often Usually Sometimes Seldom 70 . Personal Characteristics Does the Manager display personal ch. :-acteristics whch enhance his ability to carry out the responsibiliti of the Chief Administrative Officer of the City of Ocoee . Most Often Usually Scmetjmes Beldon • Council Evaluation of the City Manager Page o IV. .ADDITIONAL WRITTEN COMMENTS—Attach additional page if needed . What do you feel are some of the Manager ' s strongest finest accomplishments this year ? points and 4-#11-dk-d • What areas of the Manager ' s performance do you feel most need improvement ? Why? Do you have suggestions as to how the Manager can improve in these areas ? 4_54 /9-/-/-46/6„ d • • • r • Sig atu e Date J STRONG POINTS The City Manager ' s strongest point, in my opinion, is your knowledge and understanding of municipal government. This is the area where your years of experience are beneficial . I also believe you have the ability to select very professional and capable departments heads. I think their collective efforts have offset your deficiencies. It is unfortunate, but I am unable to give an example of your finest accomplishment this past year. NEEDS IMPROVEMENTS Ellis, in my evaluation on June 29, 1994 and my memo to you dated February 25, 1995, I stated my concern regarding your communication effort. I still believe you have made little attempt to open a positive two way dialogue with the employees. It appears to me that employee morale is very low. I am advised that employees are afraid to speak up for fear of reprisals. I do not think this leads to the most productive or beneficial service to our employees and can only have a detrimental effect on service to our residents. I continue to hear from both residents and the business community of your intimidating, domineering manner. This can only lead to frustration and lack of faith in our municipal government. As the Chief Executive Officer of the City of Ocoee, it is your responsibility to create an open, friendly, and truthful dialogue with all . In my February memo, I also expressed my concern regarding the issue of your time commitment to your job. In reviewing the In/Out Logs from February 1, 1995 through September 26, 1995, it appears to me there is abuse in your time. First, on many occasions, your lunch hour may be one and a half to two hours long. Secondly, it appears you still leave before 5:00 p.m. on many occasions. Thirdly, there appears to be some time out that is not accounted for on the Absence Log dated September 17, 1995 (also 8/18, 8/17, 8/15) . I am also concerned with your frequent, unplanned use of 4.0 hours of vacation time (nineteen days) . All other employees are required to request vacation at least two weeks in advance. While there should always be room for emergencies, it appears to be excessive on your part. As the Chief Executive it is your responsibility to set the example, not the exception. If the staff does not see you making a commitment, it makes it difficult for you to expect the same from them. I also stated my annoyance with your need to play word games, crosswords puzzles, or doodling at Commission meetings and when addressing you in your office. I find this very insulting and demeaning. The message you send is that of a lack of interest or concern for the matter at hand. In reviewing the American Express Card bill, I am concerned about the perceptions raised by your entertainment of a commissioner, seven times in the period June 29, 1994 to July 23, 1995 . I feel it is your duty to state the purpose and subject matter in order to properly justify using taxpayers funds. I am also concerned with the charge of $151 . 67 on July 3, 1995. The record indicates the dinner was for Commissioners Foster and Johnson. While I would never assume there was any violation of the Sunshine Law, I do not think it showed proper judgement: first, entertaining two commissioners without witness and, second, two days prior to a City Commission meeting. I am also concerned about a charge for $126 .23 on November 17, 1994, for dinner at LaCantina. The records indicate this was dinner with the Mayor and Commissioners. I was not at this dinner and I have my doubts that the Mayor was in attendance. It also disturbs me that you would use taxpayers funds to fly first class (trip to Boston) . I believe this is an abuse of privilege and a misuse of funds. While the dollar amounts may not be large, it appears to be a lack of judgement concerning the above issues. I also think it is necessary for a complete review of our cellular phone policy-- who should have phones, justification, auditing, and accountability. The taxpayers should ONLY pay for necessities, not luxuries, and should never pay for personal calls. Ellis, as a member of the I .C.M.A. you agree to abide by a Code of Ethics. While there are no legal or enforcement mechanisms of these ethics, they stand in the hopes of maintaining confidence and belief in the professional basis for City Management. In reviewing the twelve stated objectives, it appears to me that not all are implemented on a consistent and equal basis. In particular are numbers 3, 6, 7, 8, 9, 10, and 12 . I am deeply concerned in your belief that it is your job to do what any elected official asks. Even if that means getting involved in political differences between the elected officials. You stated that you thought I was naive in my understanding of how the system works . Well, I may be, but I believed the contract this Commission gave you allowed you to concentrate on being the City Manager. I believed the opportunity was there for you to remove yourself from the politics. I am deeply disappointed in your attitude and performance since my memo in February. It appears to me you did little to address or correct my concerns. While you may have the support of the Commission, I have lost faith and trust in your ability to be an effective City Manager for the City of Ocoee. ICMA Code of Ethics with Guidelines as Adopted lay the ICMA Executive Board in 1924 and mos;recently reined in January 1994 of ICMA is to increase the.proficiency of city managers, county managers, and irs and to strengthen the quality of urban professional .se objectives, certain principles shall government through other municipal govern the conduct of every member of ICMA, who shall: a dedicated to the concepts of ef- less the employer makes fundamental ie and democratic local government changes in terms of employment. • 5. Submit responsible elected officials and be-,vethat professional general manage- Credentials.An application for employ- officials; provide them with facts and ad- 9 ment should be complete and accurate as policy proposals is to basis or .nent is essential to the achievement of to all pertinent details of education, experi- making this objective. vice on matters of policy as a for ence,and personal history.Members should goals;and uphold and implement munici- g community recognize that both omissions and inaccu- pal policies adopted by elected officials. racies must be avoided. I 2. Affirm the dignity and w services worth of the nrOf nage of Respect.Members , rendered by government and '"g a management "�`" maintain a constructive,creative,and prac- tical Position should show �'urdeUne tical attitude toward urban affairs and a Professional respect for holding the position or for others nwho might e Conflicting Roles.Members who serve deep sense of social responsibility as a be applying for the same multiple roles—working trusted public servant. sional respect does not position. Profen gas both city attor- ney and city manager for the same com• differences of opinion; itpdoesde honest munity, for example—should ap- attackin a preclude P should avoid 9 person's motives or integrity in Participating in matters that create the should order to be appointed to a disclpearaose theof conflict of interest.They should Advice to Officials of Other Municipali- Position. disclose potential conflict to the ties. When members advise and respond to Confidentiality Members should not olid body discuss or divulge information with anyoneg so that other opinions may be nquires from elected or appointed officials of about pending or completed ethics cases, solicited. other municipalities, they should inform the except as specifically authorized by the Rules administrators of those communities. of Procedure for Enforcement of the Code of Ethics. Seeking Employment.Members should tiiJeseof the that elected entitled to e 37Be dedicated to the highest ideals of not seek employment for a People are to the ng honor and integrity in all resigned or been officially informedothat his execution credit the establishment ofPolcmunici- pal an incumbent administrator who has not policies; responsibility for public and per_ 9policy sonar relationships in order.that the member or her services are to be terminated. may merit the respect and confidence of on rests with the members. the elected officials, of other officials and employees, and of the public. 4. Recognize that the chief function of 7i Retrain from local government at all times is to serve t1O" of the members oftttheremploying Guidelines the best interests of all the legislative body,Y and from all partisan political activities which would impair Public Confidence. Members should performance as a professional f9 conduct themselves si,as to maintain Guideline " conridence in pudic admin- istrator. conernmcet. and their in profession, their local Length of Service. A minimum of two the public trust. performance of years generally is considered necessary in Guidelines Mem- Impression of Influence. Members the order torender A short professional ll should be serv- should ot their luen and personal the mexunicipality. n rather than a tenure ldpe• In Elections of the Governing Body.affoconduct ca manner as t official nd the clear tenex. However, under specialbers shoequauld maintain at reputation al memberse for impression that theyacannot give improperly stances, it may be in the best interestscueof a governing and impartially allitheyof circum- the governing body of the municipality 1 influenced in the performance of their offs- the municipality and the member to sepa- 1 nes, serve,oulnot engage in party.csTo rti end, they rate in a shorter time. Examples of such should not en a Appointment Commitment. Members circum-stances would include refusal the g ge active participation in who accept oin an appointment tm ton a position appointingthe election campaigncandidates on behalf governingoor in should not fail to report for that position. concerning authority to honor commitments opposition to for the o does not othe g conditions of employment, a body. members not preclude several offersoi or possibility of a vote of ero o confidence mn.It the the member,epos or bers of Elected inc theeel Mem- Thising several positionsdeg at the same time, but sseveribility of personal problems. foraIs bers should noty engagenidin election once a bona fide offer of acampaign of any candidate for mayor or position has certain conditions, position to nt.as- elected county t or..;.ve. bee;, accepted, that commitment should Inadequately determining terms of employ-of employment. Other ccitizen n,th Membersnshare with be ��nored. Oral acceptance of an em- meet prior to arrival does not justify pro rent offer is considered ptanc fP Y- their fellowor isenhthe right and rndpoice binding un- mature termination. 1 Y pre- theirlity to exercise their franchise and voice their opinion on public issues. However, in i-1. ) o er not to impair their effectiveness on tiality govern a member's decisions per- there is a conflict with personal investments. i bdhall of the municipalities they serve,they taining to appointments,pay adjustments. Purchases and sales which might be inter- / should not participate in election campaigns promotions, and discipline. preted as speculation for quick profit ought for representatives from their areas to county, to be avoided (see guideline on -Confiden- school, state, and federal offices. Guideline tial Information'). Elections on the Council-Manager Because personal investments may Plan. Members may assist in preparing and Equal Opportunity. Members should prejudice or may appear to influence offi- presenting materials that explain the coun- develop a positive program that will ensure cial actions and decisions, members may, cit-manager form of government to the public meaningful employment opportunities for in concert with their governing body, pro- prior to an election on the use of the plan.If all segments of the community. All pro- vide for disclosure of such investments prior assistance is required by another commu- grams, practices. and operations should: to accepting their position as municipal ad- nity, members may respond. All activities (1) provide equality of opportunity in em- ministrator or prior to any official action by regarding ballot issues should be conducted ployment for all persons; (2) prohibit dis- the governing body that may affect such within local regulations and in a profes- crimination because of race, color, religion, investments. sional manner. sex,national origin,political affiliation,physi- Personal Relationships. Members Presentation of Issues. Members may cal handicaps, age, or marital status; and should disclose any personal relationship assist the governing body in presenting is- (3) promote continuing programs of affir- to the governing body in any instance where sues involved in referenda such as bond mauve action at every level within the orga- there could be the appearance of a conflict issues, annexations, and similar matters. nization. of interest. For example, if the manager's • It should be the members' personal spouse works for a developer doing busi- and professional responsibility,to actively ness with the local government, that fact recruit and hire minorities and women to should be disclosed. O. Make it a duty continually to improve serve on professional staffs throughout their Confidential Information. Members the member's professional ability and to organizations. sno,:ld not disclose to others. or use to develop the competence of associates in further their personal interest, confidential the use of management techniques. information acquired by them in the course of their official duties. 12. Seek no favor; believe that personal . Private Employment.Members should Guidelines aggrandizement or profit secured by con- not engage in,solicit,negotiate for,or promise Self-Assessment.Each member should fidential information or by misuse of pub- to accept private employment, nor should assess his or her professional skills and abili- Iic time is dishonest. they render services for private interests or ties on a periodic basis. conduct a private business when such em- Professional Development.Each mem- Guidelines ployment, service, or business creates a ber snould commit at least 40 hours per conflict with or impairs the proper discharge year to professional development activities Gifts. Members should not directly or of their official duties. that are based on the practices identified indirectly solicit any gift or accept or re- Teaching,lecturing,writing,or consulting by the members of ICMA. ceive any gift—whether it be money, ser- are typical activities that may not Involve vices,loan,travel,entertainment,hospitality, conflict of interest or impair the proper dis- promise, or any other form—under the fol- charge of their official duties.Prior notifica- lowing circumstances: (1) it could be rea- tion of the appointing authority is appropriate 9. Keep the community informed on mu- sonably inferred or expected that the gift in all cases of outside employment. nicipal affairs; encourage communication was intended to influence them in the per- 'Representation. Members should not between the citizens and all municipal of- formance of their official duties; or (2) the represent any outside interest before any ficers; emphasize friendly and courteous gilt was intended to serve as a reward for agency, whether public or private, except service to the public; and seek to improve any official action on their part. with the authorization of or at the direction the quality and image of public service. It is important that the prohibition of of the appointing authority they serve. unsolicited gifts be limited to circumstances Endorsements. Members should not related to improper influence.In de minimis endorse commercial products or services situations such as tobacco and meal checks, by agreeing to use their photograph, en- 10. Resist any encroachment on profes- for example, some modest maximum dol- dorsement, or quotation in paid or other sional responsi;.=ilities,believing the mem- lar lake snould be determined by the mem- commercial advertisements,whether or not ber should be free to carry out official ber as a guideline. The guideline is not for compensation. Memoers may, however, policies without interference, and handle intended to isolate members from normal agree to endorse the following, provided each problem without discrimination on social practices where gifts among friends, they do not receive any compensation: (1) the basis of principle and justice. associates, and relatives are appropriate books or other publications;(2)professional for certain occasions. development or educational services pro- Guideline Investments in Conflict with Official vided by nonprofit membership organize- Duties. Members should not invest or hold tions or recognized educational institutions; Information Sharing. The member any investment, directly or indirectly, in any (3) products and/or services in which the should openly share information with the financial business,commercial,or other pri- local government has a direct economic governing body while diligently carrying out vete transaction that creates a conflict with interest. the member's responsibilities as set forth their official duties. Members'observations,opinions,ane in the charter or enabling legislation. . .In the case of real estate,the potential analyses of commercial products used or use of confidential information and knowl- tested by their municipalities are appropri- edge to further a member's personal inter- ate and useful to the profession when in- est requires special consideration. This cluded as part of professional articles anc 11. Handle all matters of personnel on the guideline recognizes that members' official reports. basis o' merit so that fairness and impar- actions and decisions can be influenced if