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HomeMy WebLinkAbout17 - Proposed Staffing for City Attorney OfficeCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 January 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David Hunt, City Attorney d hunt(cDcity. newoort- beach. ca.us (949) 644 -3131 SUBJECT: PROPOSED STAFFING ADJUSTMENTS IN THE OFFICE OF THE CITY ATTORNEY ISSUE Should the staffing of the Office of the City Attorney ( "OCA ") be augmented by making two part-time staff positions, one Paralegal position and one Office Assistant position, full -time? RECOMMENDATION: Approve the request to staff the part-time Paralegal position at the full -time level by establishing a new full -time Paralegal classification in the Key and Management unit; and approve the request to staff the part-time Office Assistant position at the full -time level. SUMMARY: Currently, the OCA is staffed with two full -time legal professionals, two part-time legal professionals, one full -time support staff member, one part -time Paralegal, and one part-time Office Assistant. Per Council authorization, the OCA is in the process of recruiting an additional full -time Assistant City Attorney, an action that will increase the demands placed on the support staff. In addition, the OCA is taking steps to be fully integrated into the City staff team in order to provide prompt, practical, solution- oriented legal advice the staff and to Council. The changing of the two part-time staff positions to full -time is necessary in order support the new Assistant City Attorney and to achieve this goal. Due largely to an increase in demand for legal services over time, the OCA has not kept pace with the needs of the City and the OCA is currently operating with insufficient resources. As a result, it is not meeting all of the needs of the City for the provision of legal services. This lack of resources has been recognized by the Council and has Office of the City Attorney Staffing Adjustments January 27, 2009 Page 2 been at least partially addressed by budgeting for the addition of one additional Assistant City Attorney. Further staff support is necessary in order to fully realize the benefits from adding this position. Currently the OCA is staffed with the City Attorney, one Assistant City Attorney, and two part-time Deputy City Attorneys working approximately 30 hours per week (equivalent to 1.5 staff). At present the 3.5 attorneys of the OCA are supported by one full -time Administrative Assistant, one part-time Office Assistant, and one part-time Paralegal. These members of the staff are engaged in supporting the attorneys and the part-time Paralegal performs additional legal services under the supervision of the attorneys in the office. The OCA is currently engaged in recruiting for the additional Assistant City Attorney. This added position will allow the OCA to meet the greater demand for services of the OCA as it is moving to increase its assistance to all City departments. It has been tasked with being more proactive in its role of providing legal services to the City. In doing so, it will be more involved in legal training, risk management, advising City Boards and Commissions, legal compliance issues, and the drafting of ordinances, resolutions, and contracts. In effect, the OCA will be taking steps to expand legal services provided to all City staff. The new Assistant City Attorney position will give the OCA an effective total of 4.5 full - time attorneys. An increase in staff support is necessary to meet this increased demand and provide the necessary services. Additionally, the increased hours of the Paralegal will enhance the OCA's capability in providing legal services. An added benefit to fully staffing the OCA is that the cost for outside counsel services will be reduced. At present, the City is served by numerous outside counsel relationships in both the advisory and litigation services areas. The new Assistant City Attorney, supported by paraprofessional and administrative support staff, will have the capacity to begin to bring some of those services "in-house" over time. The CAO anticipates first reducing the use of outside counsel services for advisory services, then in code enforcement litigation, and finally in discreet, policy oriented specialty litigation, as resources in the office become available. Funding Availability The anticipated cost to implement the proposed staffing changes is $25,600 for the remainder of FY08 -09. However, due to salary savings as a result of the vacant Assistant City Attorney position, the increased cost can be absorbed in the current fiscal year budget. The ongoing cost to make the proposed staffing changes is estimated to be $69,100 annually and will be addressed in the FY09 -10 budget. If approved, the OCA will proceed with conducting a promotional recruitment for both positions in an attempt to fill the positions as quickly as possible. If an insufficient Office of the City Attorney Staffing Adjustments January 27, 2009 Page 3 applicant pool is garnered through that process, the CAO will proceed with open recruitments for both positions. Human Resources has reviewed the proposed staffing changes and concurs with the recommendations made by the OCA. CONCLUSION: The increase in staffing hours for the Paralegal and the Office Assistant from part -time to full -time is necessary for the OCA to provide an effective level of legal services to the City. It is recommended the Council approve the request to staff these positions full - time and establish the Paralegal position in the Key and Management unit. Prepared and Submitted by: David R. Hunt City Attorney