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HomeMy WebLinkAbout05 - Implementing Improvements and Efficiencies in the City Attorney's OfficeReportCITY OF NEWPORT BEACH City Council Staff January 24, 2017 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Aaron Harp, City Attorney - 949-644-3131, aharp@newportbeachca.gov PREPARED BY: Aaron C. Harp, City Attorney PHONE: 949-644-3131 TITLE: Resolution No. 2017-6: Implementing Improvements and Efficiencies in the City Attorney's Office ABSTRACT: Due to the recent departure of an Assistant City Attorney, there is an opportunity to improve efficiencies and reduce long term costs in the City Attorney's Office. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2017-6, A Resolution of the City Council of the City of Newport Beach, California, Amending the Classification Plan, Salary Schedule, and Positions in the City Attorney's Office.. FUNDING REQUIREMENTS: The City Attorney's Office's current budget includes sufficient funding for the recommended actions. The City is anticipated to experience long-term budgetary savings associated with the new Deputy City Attorney positions due to a lower tiered pension formula, compared to the departing Assistant City Attorney, lower salary costs, and increased in-house legal services. 5-1 Implementing Improvements and Efficiencies in the City Attorney's Office January 24, 2017 Page 2 DISCUSSION: The City Attorney's Office is currently comprised of the following attorney positions: one (1) City Attorney; and three (3) Assistant City Attorney positions, one (1) filled position, one (1) vacant position, and one (1) position under filled by a Deputy City Attorney. Due to the recent departure of an Assistant City Attorney, there is an opportunity to improve efficiencies and reduce long term costs in the City Attorney's Office by permanently downsizing the two (2) Assistant City Attorney positions to Deputy City Attorney positions. The downsizing of the two (2) Assistant City Attorney positions to Deputy City Attorney positions results in significant cost savings because there are less pension costs attributable to new employees and the salaries of Deputy City Attorneys is less than Assistant City Attorneys. The cost savings attributable to this modification allows for the addition of another Deputy City Attorney, further reducing costs because the City will perform more in-house legal services and be less reliant on outside legal counsel. Following the downsizing of positions, the City Attorney's Office will be comprised of the following attorney positions: one (1) City Attorney; one (1) Assistant City Attorney; and three (3) Deputy City Attorneys. The remaining Assistant City Attorney position will assume more management and executive level responsibilities that are similar to the Assistant City Manager; thus, the remaining Assistant City Attorney position will be reclassified within the Key & Management Group to the same class, schedule, and salary range as the Assistant City Manager. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A - Resolution No. 2017-6 Attachment B - Revised Redline Draft of Assistant City Attorney Job Specification 5-2 ATTACHMENT A RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN, SALARY SCHEDULE, AND POSITIONS IN THE CITY ATTORNEY'S OFFICE WHEREAS, City Charter Section 601 requires the City Council to provide the number, titles, qualifications, powers, duties and compensation of all officers and employees; WHEREAS, Newport Beach Municipal Code Chapter 2.28 allows the City Council to adopt a resolution amending the classification plan and salary schedule to remove inequities or to meet the operational needs of the City of Newport Beach (City); WHEREAS, the City Attorney's Office is currently comprised of the following attorney positions: one (1) City Attorney; and three (3) Assistant City Attorney positions, one (1) filled position, one (1) vacant position, and one (1) position under filled by a Deputy City Attorney; WHEREAS, due to the recent departure of an Assistant City Attorney, there is an opportunity to improve efficiencies and reduce long term costs by permanently downsizing the two (2) Assistant City Attorney positions to Deputy City Attorney positions; WHEREAS, the downsizing of the two (2) Assistant City Attorney positions to Deputy City Attorney positions results in significant cost savings because there are less pension costs attributable to new employees and the salaries of Deputy City Attorneys is less than Assistant City Attorneys; WHEREAS, the cost savings attributable to this modification allows for the addition of another Deputy City Attorney, further reducing costs because the City will perform more in-house legal services and be less reliant on outside legal counsel; and WHEREAS, the remaining Assistant City Attorney position will assume more management and executive level responsibilities that are similar to the Assistant City Manager. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: Two (2) of the existing Assistant City Attorney positions shall be permanently downsized to Deputy City Attorney positions, the cost savings from the downsizing shall be used to fund an additional Deputy City Attorney position, which will further reduce costs by reducing the City's reliance on outside legal counsel. Following 5-3 Resolution No. 2017 - Page 2 of 8 the downsizing of positions, the City Attorney's Office shall be comprised of the following attorney positions: one (1) City Attorney; one (1) Assistant City Attorney; and three (3) Deputy City Attorneys. The City's Classification Plan shall be amended to move the Assistant City Attorney position from the Key & Management Group — Management — Administrative Category to the Key & Management Group - Executive Management Category, along with all rights and benefits that accompany that position. The City's Salary Schedule shall be amended to revise the salary range for the Assistant City Attorney, bringing parity between the Assistant City Manager and Assistant City Attorney positions, to $151,132.80 to $236,766.40 annually. The revised salary range is further explained in Exhibit "A," which is attached hereto and incorporated herein by reference. The City Attorney shall determine the salary level of the Assistant City Attorney and Deputy City Attorneys within the City Council approved salary range. The revised Classification Specification for the Assistant City Attorney is attached as Exhibit "B" and incorporated herein by this reference. Section 2: The recitals provided above are true and correct and incorporated into the operative part of this resolution. Any previously adopted resolution, or portion thereof, in conflict with the provisions of this resolution is hereby repealed to the extent it conflicts. Section 3: The City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 24 day of January, 2017. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk 5-4 Resolution No. 2017 - Page 3 of 8 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaroh C. Harp City Attorney 5-5 -r 101: ASST CITY ATTORNEY Resolution No, 2017 - Page 4 of 8 Exhibit "A" Assistant City Attorney Salary Schedule Group Grade Hourly sl -weekly 7000 17B $72.66 $5,812.80 $313.83 $9,106.40 Monthly Annual $12,594.40 $151,132.80 $19,730.53 $236,766.40 5-6 Exhibit "B" CLASS SPECIFICATIONS Definition Resolution No. 2017 - Page 5 of 8 The Assistant City Attorney ("ACA") serves the City of Newport Beach ("City") by: (1) providing direct advisory legal services to assigned departments, boards, committees, and commissions; (2) representing the City before administrative agencies and the courts of the United States and California; (3) enforcing the laws and policies of the City through administrative citation process and in the courts; (4) overseeing the work of Deputy City Attorneys, Paralegals, Legal Assistants, and staff serving their assigned departments and assisting in their cases; (5) exercising first level oversight of outside counsel who provide legal services on issues arising from the ACA's assigned departments; (6) representing the City on issues arising out of the operations of the ACA's assigned departments; (7) serving as a member of the City's executive management team; and (8) serving as Acting City Attorney in the absence of the City Attorney. SUPERVISION RECEIVED AND EXERCISED: The Assistant City Attorney is supervised and directed by the City Attorney; exercises technical and functional supervision over administrative support staff and legal staff with whom he/she works; assists in the management of the day-to-day activities of the City Attorney's Office ("CAO"); and provides highly responsible and complex administrative support to the City Attorney. Essential Duties: The Assistant City Attorney's duties include, but are not limited to, the following: Advise: Provide legal services, either directly or through delegation of duties, to assigned City departments, including: (1) performing highly complex legal research and preparing written and oral opinions on various legal issues for the City Council, City departments and boards, committees, and commissions; (2) serving as chief advisor to City boards, committees, and commissions as assigned by the City Attorney; (3) conferring with and rendering assistance to the City Manager and department heads in establishing policies by applying legal points and procedures and recommending changes in policies and procedures to meet legal requirements; (4) preparing and reviewing ordinances, resolutions, contracts, deeds, leases and other legal documents and instruments and offering opinions as to such documents' legal acceptability when presented to the City for consideration by an outside agent or agency; (5) investigating claims and complaints against the City and recommending appropriate action regarding their handling; (6) conferring with and advising City officials, staff, departments, and advisory bodies on legal questions pertaining to their respective powers, duties, functions, and obligations; (7) managing and participating in the development and implementation of goals, objectives, policies, and priorities for assigned programs; and (8) recommending and administering policies and procedures. 5-7 Resolution No. 2017 - Page 6 of 8 Represent: Either directly or through delegated duties, represent the City before the courts and administrative agencies that have jurisdiction over the City and its business, including: (1) exercising stewardship responsibility over all forms of litigation as assigned by the City Attorney as it arises out of the business and operations of the ACA's assigned departments; (2) representing the City Attorney at various City Council and board, committee, and commission meetings and in court as directed by the City Attorney; (3) representing the City, and overseeing its representation, in highly sensitive litigation and coordinating and communicating with outside consultants and legal counsel; (4) preparing, or assisting in preparing, cases for hearings, trials and other judicial proceedings and representing the City in such proceedings (5) developing and maintaining effective and extensive professional relationships with representatives of other local, state, and federal agencies; and (6) monitoring proposed legislative and court decisions related to municipal law and activities that impact City operations. Enforce: Enforce the laws and policies of the City through the administrative citation process and in the courts that have jurisdiction over the enforcement of City rules, regulations and laws. Administer: Assist the City Attorney in the administration of the CAO by overseeing all legal services provided to the ACA's assigned departments and providing oversight of the professional and support staff working on matters arising from their assigned departments and duties, including: (1) participating in developing, planning and implementing the goals and objectives of the CAO; (2) administering approved policies and procedures; (3) coordinating the activities of the CAO with other City departments and outside agencies and organizations; (4) providing professional and technical advice and assistance to the City Attorney on matters related to the functions of the CAO; (5) participating in recommending the appointment of professional and support staff to the CAO; (6) planning, organizing and supervising the work of staff and work teams; (7) coaching, motivating, monitoring, correcting and assisting in evaluating the performance of professional and support staff that perform work on the ACA's assignments; (8) making recommendations to the City Attorney regarding development and implementation of staff training programs and plans; (9) recommending employee recognition, discipline and termination; (10) assisting the City Attorney in ensuring that City personnel policy and employee agreements are implemented and applied consistently within the CAO; (11) assisting the City Attorney in the development of the CAD's budget and forecasting of revenue, expenses and additional funds needed for staffing, equipment, materials, and supplies; (12) developing and implementing discipline and termination procedures when required; (13) advising appointed and elected officials, City Manager, and departments of legal issues related to the development of City policies; and (14) serving as Acting City Attorney in the absence of the City Attorney as assigned and directed by the City Attorney. Qualifications: To perform this job successfully, an individual must be able to perform each essential function. The requirements listed below are representative of the knowledge, skill, and/or ability required. W-1 Resolution No. 2017 - Page 7 of 8 Knowledge of: Legal principles and practices, including municipal, civil, criminal, constitutional and administrative law and procedures; City Codes, City Charter, and City Council Policies; Principles and practices of personnel management and supervision; Advanced principles of municipal planning, CDBG and grant administration, labor negotiations, public relations, harbor resources, annexation and state and federal legislative projects; Methods of legal research; Tort law and liability insurance litigation; Judicial procedures and rules of evidence; Statutes and court decisions relating to civil rights and public labor law; Ordinances, statutes and court decisions relating to municipal corporations; and Organization and operating procedures of the CAO. Ability to: Represent the City in a wide variety of judicial and administrative proceedings; Research and analyze and prepare sound legal opinions on a wide variety of legal issues and understand legal, practical, and other consequences and provide advice on resolution of legal and political issues; Communicate clearly and concisely, both orally and in writing; Analyze and prepare a wide variety of legal documents; Interpret and apply City policies, procedures, rules and regulations; Select, supervise, train and evaluate personnel; Prepare and present cases; Perform complex legal work requiring the use of independent judgment; Work independently in the absence of supervision; Work cooperatively and efficiently in a team environment; Appear for work on time; Follow directions from a supervisor; 5-9 Resolution No. 2017 - Page 8 of 8 Understand and follow posted work rules and procedures; Accept constructive criticism; and Establish and maintain cooperative working relationship with those contacted in the course of work. This position may be required to work evening and weekend hours as needed to attend meetings and perform other necessary duties associated with the position. Experience & Training and License/Certificate: A combination of experience and training that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Seven years of increasingly responsible professional legal experience in municipal law, employment law, land use law, and/or litigation, including three years of management and supervisory experience. Training: Completion of coursework leading to a bachelor's degree from a college that is accredited by an agency recognized by the United States Department of Education and a Juris Doctorate from an American Bar Association accredited law school. License/Certificate: Membership in the State Bar of California. Possession of, or ability to obtain, a valid and appropriate California driver's license. Additional Requirement: Candidates deemed most qualified, as reflected in their application materials, will be invited to continue in the recruitment process. At that time, background information will be requested from the candidates. Prior to employment, the prospective candidate must successfully complete a thorough background review, including being fingerprinted by the Newport Beach Police Department. The resulting report of your conviction history, (if any), will be evaluated along with the other information received in connection with your application. Except as otherwise required by law, a criminal conviction will not necessarily disqualify you from the position. The nature, date, surrounding circumstances, and the relevance of the offense to the position applied for may, however, be considered. Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. 5-10 ATTACHMENT B Exhibit "B" CLASS SPECIFICATIONS Definition The Assistant City Attorney ("ACA") serve the City of Newport Beach ("Cit by providing direct advisory legal services to assigned departments, and boards committees, and commissions; representing the City before administrative agencies and the courts of the United States and California; enforcing the laws and policies of the City A Newper+ Beach through administrative citation process and in the courts; overseeing the work of Deputy i ity Auorneysa" attorneys, i-araiegais, Legal Assistants, and staff serving their assigned departments and assisting in their cases; apA—f��) exercising first level oversight of outside counsel who provide legal services on issues arising from the ACA's assigned departments, -and (6) representing the City on issues arising out of the operations of theo== ACA's assigned departments; (7) serving as a member of the City's executive management team; and (8) servinae as Acting City Attorney in the absence of the City Attorney. SUPERVISION RECEIVED AND EXERCISED: The Assistant City Attorney isare supervised and directed by the City Attorney; aed- exercises technical and functional supervision over administrative support staff and legal staff with whom he/she works, assists in the management of the day-to-day activities of the City Attorney's Office ("CAO"); and provides highly responsible and complex administrative support to the City Attorney., +hey qh , iron+ GUPGRr 06'GR and maRageMGRt l,f of Apert and local s off Essential Duties: The Assistant City Attorneys duties include, but are not limited to, the following: -Advise: _Provide legal services, either directly or through delegation of duties, to assigned ity departments, including (1) performing highly complex legal research and preparing written and oral opinions on various legal issues for the City Council, City departments and various boards, committees, and commissions; (2) serving as chief advisor to City boards committees, and commissions as assigned by the City Attorney; (3) conferring with and rendering assistance to the City Manager ar department heads in establishing departmental—policies by applying legal points and procedures and recommending changes in policies and procedures to meet legal requirements; (4) preparing and reviewing ordinances, resolutions, contracts, deeds, leases and other legal documents and instruments and offering opinions as to such documents' legal acceptability when presented to the City for consideration by an outside agent or agency; (5) investigating claims and complaints against the City and recommending appropriate action regarding their handling, (6) conferring with and advising City officials, staff, departments, and advisory bodies on legal questions pertaining to their respective powers, duties, functions, and obligations; (7) managing and participatinc�iin the development and implementation of goals, objectives, policies, and priorities for assigned programs; and (8) recommending and administering policies and procedures.; afld 5-11 Represent: _Either directly or through delegated duties, represent the City beforein the courts and administrative agencies who have jurisdiction over the City and its business, including (1) exercising stewardship responsibility over all forms of litigation as assigned by the City Attorney as it arises out of the business and operations of the ACA's assigned departments; (2) representing the City Attorngy9GA at various City Council and board, committee, and commission meetings and in court as directed by the City Attorney; (3) representing the City, and overseeing its representation, in highly sensitive litigation and coordinating and communicating with outside consultants and legal counsel; (4) preparing, or assisting in preparing, cases for hearings, trials and other judicial proceedings and representing the City in such proceedings; (5) developing and maintaining effective and extensive professional relationships with representatives of other local, state, and federal agencies; and (6) monitoring proposed legislative and court decisions related to municipal law and activities that impact City operations.; and Enforce: Enforce the laws and policies of the City through the administrative citation process and in the courts that have jurisdiction over the enforcement of City rules, regulations, and laws.;a-Rd Administer. _Assist the City Attorney in the administration of the CAOGGA by overseeing all legal services provided to the ACA's assigned departments and providing first level.oversight of the professional and support staff working on matters arising from their assigned departments and duties, including_; (1) participating in developing, planning and implementing the goals and objectives of the CAOQGA; administering approved policies and procedures; 3) coordinating the activities of the CAO9SA with other City departments and outside agencies and organizations; (4) providing professional and technical advice and assistance to the City Attorney on matters related to the functions of the CAOGit„ ntterRe OffiGe; (52) participating in recommending the appointment of professional and support staff to the CAOGCA; planning, organizing, and supervising the work of staff and work teams; Lacoaching, motivating, monitoring, correcting and assisting in evaluating the performance of professional and support staff that perform work on the ACA's assignments; Lamaking recommendations to the City Attorney regarding development and implementation of staff training programs and plans; ! 1 recommending employee recognition, discipline and termination; 10 assisting the City Attorney in ensuring that City personnel policy and employee agreements are implemented and applied consistently within the CAOGGA; (j 13) assisting the City Attorney in the development of the CAO'srit„ Attnme Office budget and forecasting of revenue, expenses and additional funds needed for staffing, equipment, materials, and supplies; (12) developing and implementing discipline and termination procedures when required; (13) advising appointed and elected officials, City Manager, and departments of legal issues related to the development of City policies; and (144) serving as Acting City Attorney in the absence of the City Attorney as assigned and directed by the City Attorney. Qualifications: To perform this job successfully, an individual must be able to perform each essential function. The requirements listed below are representative of the knowledge, skill, and/or ability required. 5-12 Knowledge of: Legal principles and practices, including municipal, civil, criminal, constitutional and administrative law and procedures; City Codes, City Charter, and City Council Policies; Principles and practices of personnel management and supervision; Advanced principles of municipal planning, CDBG and grant administration, labor negotiations, public relations, harbor resources, annexation and state and federal legislative protects; Methods of legal research; Tort law and liability insurance litigation; Judicial procedures and rules of evidence; Statutes and court decisions relating to civil rights and public labor law; Ordinances, statutes and court decisions relating to municipal corporations; and Organization and operating procedures of thea CAOGity otteMey's OffiGe Ability to: Represent the City in a wide variety of judicial and administrative proceedings; Research and analyze and prepare sound legal opinions on a wide variety of legal issues and understand legal, practical, and other consequences and provide advice on resolution of legal and political issues; Communicate clearly and concisely, both orally and in writing; Analyze and prepare a wide variety of legal documents; Interpret and apply City policies, procedures, rules and regulations; Select, supervise, train and evaluate personnel; Prepare and present cases; Perform complex legal work requiring the use of independent judgment; Work independently in the absence of supervision; Work cooperatively and efficiently in a team environment; Appear for work on time; 5-13 Follow directions from a supervisor; Understand and follow posted work rules and procedures; Accept constructive criticism; and Establish and maintain cooperative working relationship with those contacted in the course of work. This position may be required to work evening and weekena hours as needed to attend ,e4a meetings no per orm other necessary uuues associateo w1ri-I the position. Experience & Training and License/Certificate: A combination of experience and training that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: _Seven€+ve years of increasingly responsible professional legal experience in municipal law, employment law, land use law, and/or litigation, including threesee years of management ana supervisory experience. Training: Completion of coursework leading to a bachelor's degree from a college that is accredited by an agency recognized by the United States Department of Education and aA Juris Doctorate accredited by the fry aT-American Bar Association_. aGGredited taws IaeeL License/Certificate: _Membership in the State Bar of California. Possession of, or ability to obtain a valid and appropriate California driver's license. Additional Requirement: Candidates deemed most qualified, as reflected in their application materials, will be invited to continue in the recruitment process. At that time, background information will be requested from the candidates. Prior to employment, the prospective candidate must successfully complete a thorough background review, including being fingerprinted by the Newport Beach Police Department. The resulting report of your conviction history, (if any), will be evaluated along with the other information received in connection with your application. Except as otherwise required by law, a criminal conviction will not necessarily disqualify you from the position. The nature, date, surrounding circumstances, and the relevance of the offense to the position applied for may, however, be considered. Disaster Service Worker: _In accordance with Government Code Section 3100, City of Newport Beach employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. 5-14