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City Attorney Sylvia Borunda Firth Performance Evaluation for 2017 Mayor & Council RELATIONSHIP WITH THE COUNCIL 423 4 5 6 7 6 M Average [Keeps Ciy Gounot informed of oganzation aces, progress Bnd POD 2Tiy2TsyeTzTstsy sy 2a Is recepive to Ciy Counci member ideas and suggestions 2Psftetstets ts [ats [sz [Represeris the Cts interest as determined by Gy Counct 2fePstetetatets | s | sz Provides competent egal advice in a usable, understandable Tanner s[ipetsts[ats}elet 27 is proactive an innova n recommending legal soutons that hepa guide iy Counel ape ts ete ps Ps et 22 [Fotows up on al problems ad ses as Gertfed by Gy Counclin atime eficent manner | 21211] s|sls1s{sl2l 267 MANAGEMENT SKILLS AND ABILITIES 42 3 4 5 6 7 8 M Average [Setocs, fires and retains competent staf members aT 37 sTsyepapsp aye] sa Leads and develops the professional and support staff wifi ie ofce of he Gy Aor ap tanta as Pe [2 [325 ls progressive i atituce and acon sPstststetsts ts te 276 PERSONAL AND PROFESSIONAL ATTRIBUTES 423 4 5 6 7 6 Mm Average [Displays svong aahca sel ST2T2 Ts Taps paps p ay sae aniahs a plesone deposTion ocean SoS a UT s[iprtstetsteteps| saz [Partopates in professional acti, such a, aseociabon activites s[apstetetstststs | see [Hes the respect of he legal communi and municipal law profesional zrrtetstars ts Pes [3.00 FISCAL MANAGEMENT 4203 4 5 6 7 8 Mm Average Tove regular aga aciibos win BuGgen Soa and is STsTaTs Tsay ey sa5 [Utes in house egal staf to mit cost stetets tops paps Ps [300 [Performs legal tasks/etiements with appropiate auhoreaton fom Gry Counc stspsts taps paps Ps ser [Azpropraely seeks oulsice counsel and adequately supervses production of work stetststats pets Peps COMMUNICATION 42 3 4 5 6 7 8 Mm Average [Gommaricates coco wit te Gly Coune. Cy Manager, sa, and Ue CoNmaniy when an 211)*)]2]2|4]4[*|2| 22 Maintains confidently wih rogard oa raters discussed wih he Gy Counc SPs tata at sae ass. ps pubic eric’ and responds appropitoy zpsteterststst sys] 280 [Communicates counct pay to various constivonies, La, themed PUNE, Gy COURS, Cy [Manage employees, and employe represenatives © ED) 1) Ve et eR Page tof2 City Attorney Sylvia Borunda Firth Performance Evaluation for 2017 Mayor & Council LEGAL COUNSULTATION +2345 67 sw [is aware of changes inlaw and conmonieates he change ofea to CW Comme 232s Taps paps Has legal advice provided bythe iy Attorney proven fo be accuTate and technealy corsa? zpetetstepe eters Does the City Atomey possess and provide an efficient and eflecve knowledge of government requiations and case law regarding municipal government and issues facing the City? [Does advice provided by te Ciy Afiorneyregulty take into aasount and balance the Oval Goals land cbjectves ofthe Cy? 2h tp? te yey st ss] ?t as [Does the Ciy Atiomey proscively Went polenialissues when aware oftremtoavoumobiems | 1] >| 3 7 Fi 28 Irom occuring? [are alternates and innovative soltons provided rather tan just alg probleris?™ zPrpi pete rst erst ey zoo Is the City Aiomey decisive in reaching tmely decisions and inating acbon? ztetetststststst2} 27 PROVISION OF LEGAL SERVICES 1203 4 5 6 7 8M Average [How effectively does he Gy Atomey represent the Gis teress in Wigaton, aumnistatve earings, negations and similar proceedings, in accordance wth Counci rection, gwentne =| 3} 1] a} 3|2]s|s}a]s]} soo stengtis and weakness ofthe City's poston in each situation? fave the City Atorneys legal services provided in-aimely fashion fo pect Ciy Counel and allt Imeet estabished deasines? Is the legal advice proved bythe Cy Aormay Competent and presented ih & Consiucle YeSuRs- lovented and usable manner? How effective isthe City Atorney at Keeping Cty Councl and slaff apprised of court raings and ladministatve decisions affecting the lgalnteret ofthe City? How effectively does the cy Atlomay coordinate work wih staff Tom oer dapariments a order to 2{ilslfs[sl[s[s[s[2] 256 afzlzfel2[s[s]«[2| 20 laccompish gots? . Z Z eimze ls interdeparimental work performed Wa colaboraive manner? zhepste pepe tsps tetas. otal Sum 100.68 Toal Average 3 Page 2012 Sylvia Borunda Firth, City Attorney 2017 Performance Evaluation December 21, 2016 to December 20, 2017 Council Observations of Job Description Activities Current and Future ‘Two things that the City Attorney is curently doing efecively that the Council would most like to continue: 1 2 10. u. 2. 33. “4. 3s. Selets, hires and retains competent staff members ‘Management sls and abilties — leads and develops professional and support staf within the office of the City Attorney with a progressive attitude and actions. ‘The City Attorney communicates with council monthiy/quarterly on pending tigation and status City attorney allows staff to sit in on execute session meetings to provide addtional content Updates on curent legal proceedings. Moving the updates to Monday work sessions have been beneficial for council to understand what the citys dealing within terms of legal proceedings “The updates also allow the council to understand haw the City Attorney is performing, in regards to general knowledge of cases and how they manage stat Updates on legal action Continue to focus on legal aspects of Counel policy and not the policy itself she has made great Improvement on this. She is wiling to put forth the effort to compete a task on time Her knowledge ofthe law and the processis phenomenal She follows Mayor and City Counc directives, ‘he promptly provides MPC case information and realtime briefs. Effective, timely communication with Council members Proactively provides information and legal advice | apprecate that Syvia andthe offce here developed a reputation inthe community that we take every suit seriously Srvia understands the strengths of her office, knows when to handle cases in-house, and appropriately assigns cases to outside counsel in thei areas of expertise fora more favorable ‘outcome ina fiscally responsible manne. Sylvia Borunda Firth, City Attorney 2017 Performance Evaluation December 21, 2016 to December 20, 2017 Council Observations of Job Description Activities Current and Future ‘Two things that the City Attorney does thatthe Council would most ike him/her to discontinue: 1 2 10. nL 2 Relationship with Council misinformation or under informing Council about organizational activities, progres, problems; Relationship with Councll- presenting obstacies to Council member and staff ideas and suggestions City attorney provides legal interpretation, but also adds a lot of her personal opinion, which appears tobe leading the recommendations to councl instead of the advice being factual and based on case law of legal opinions. It shard to ferentiate between her personal opinion and legal opinion. [At times City Attorney does not allow for staf to provide fll legal briefings and interrupts her staf often times distracting tft from potentially providing all the facts The City Attorney has been known to hold back information until asked or requested. The City Attorney needs to be more direct with egal advice, in egards to charter or legal violations. She needs to trust the councl and stop withholding information She needs to work on being a team player and advocate forthe city and the council Her lack of legal advice and response to lsues brought forth by Council Members. For example emails sent to her regarding legal clarification concerning the Clty Charter questions and othe. Hiring her sister to represent the City on any legal matters. For example during the collective bargaining in 2024 withthe Fite Fighter's Union ~ Local 51, Mrs. Frth’s sister washed by the City Attorney's office to represent the City during legal negotiations. Hiring an excess of outside counsel Legal outsourcing? ‘The City Attorney is doing her job well and meets standards; however, | cannot confidently say she is going above and beyond expectations in finding creative and proactive solutions to city Council Observations of Job Description Acti ‘Two things thatthe City Attorney does not currently do thatthe Council would ike him/her 1 a. 3 14 Sylvia Borunda Firth, City Attorney 2017 Performance Evaluation December 21, 2016 to December 20, 2017 jes Current and Future 4 Collaboration and Coordination with Cy Management and Public Information Office to discuss effective egal and public relations strategies regarding city operational goals and activites in a timely manner. Collaboration with Council Representatives individual) & Mayor about legal, public relations and pubic opinion implications of policy-making decsions; to discuss effective legal, public ‘relations strategies regarding city goals and atvtes ina timely manner. Provide notification to cy manager, mayor and cty council of any and al potential conflicts of Interests, or perception of conflict. Provide justification for professional services before entering into contracts for services with ‘outside firms, even f below allowable dscretionay thresholds. And to provide justification for hing firms outside of El Paso of there are competent and reliable attorneys. And to provide justifiation tobe allowed o hie siblings todo Cty work. The City Attorney is currently not very quick to update councl on legal proceedings and/or

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