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HomeMy WebLinkAbout06. City Attorney Salary AGENDA MEMO DATE: November 23, 2010 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: Irma Youssefieh, Human Resources Director SUBJECT: CLASSIFICATION SPECIFICATION AND ESTABLISHED SALARY FOR THE POSITION OF CITY ATTORNEY RECOMMENDATION That the City Council adopt the attached Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CLASSIFICATION SPECIFICATION AND ESTABLISHING THE SALARY RANGE FOR THE POSITION OF CITY ATTORNEY. DISCUSSION Staff is requesting that the City Council adopt a Resolution to establish the classification specification and salary range for the full-time executive management position of City Attorney. The City has previously contracted with an outside law firm or an attorney specializing in municipal law to handle the City’s legal functions and activities. A review on whether to continue contracting for legal services or to appoint an in-house City Attorney was completed. The review considered the most efficient means in terms of cost and delivery of services. While costs for services are projected to be at or slightly above in comparison, it was found to be in the City’s best interest to staff a full-time in house City Attorney to insure the consistency and reliability of dedicated service and attention to specific City of Downey matters. The City Attorney position is designated as an executive management/department head position that serves in an “at will” employment capacity meaning the position is exempt from the classified service and there are no rights to employment or appeal. The City Attorney position is established in accordance with the Charter of the City of Downey and serves at the will of the City Council. Employee benefits for City Attorney, in addition to compensation, shall be provided and administered in accordance with Administrative Regulations and the current Resolution establishing benefits payable to non-safety executive management employees of the City. FISCAL IMPACT Inclusive of salary, benefits and other related costs, an in-house City Attorney is estimated to cost the General Fund $148,000 for the balance of the fiscal year. Since contracted legal fees are distributed throughout the budget based upon the services rendered, staff projects that an equal amount of savings should be obtained by not having to contract out certain legal duties. CITY OF DOWNEY, CALIFORNIA RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CLASS SPECIFICATION AND ESTABLISHING THE SALARY RANGE FOR THE POSITION OF CITY ATTORNEY. WHEREAS, the position of City Attorney is established in accordance with the Charter of the City of Downey, Article VII – Officers and Employees, Section 703, WHEREAS, the City of Downey desires to appoint a City Attorney as executive management serving under “at will” employment status with compensation and benefits provided and administered per City administrative regulations and Resolution No. 06-6899 establishing benefits payable to non-safety executive management employees of the City, and WHEREAS, a class specification for City Attorney includes employment standards and qualifications for the position. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The classification specification (Attachment A) for City Attorney attached hereto, and by this reference, is hereby adopted. SECTION 2. The annual salary range for City Attorney shall take effect as indicated: Effective November 23, 2010: Pay Grade: TBD Salary Range: $155,583.00 - $189,999.96 SECTION 3. This Resolution hereby supersedes any previously adopted Resolution establishing compensation for the position of City Attorney. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this day of , 2010. ANNE M. BAYER, MAYOR ATTEST: KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 10- PAGE TWO I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of rd the City of Downey at a regular meeting held on the 23day of November 23, 2010, by the following vote, to wit: AYES: 0 Council Members: NOES: 0 Council Member: ABSENT: 0 Council Member: ABSTAIN: 0 Council Member: KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 10- PAGE THREE ATTACHMENT A CITY OF DOWNEY Class Specification Adopted: Employment Status: Regular Full-Time Unit Representation: Non-Represented, Executive Management FLSA Status : Exempt CITY ATTORNEY JOB SUMMARY The position in nature is established in accordance with the Charter of the City of Downey, Article VII – Officers and Employees, Section 703. Under policy direction, provides a wide range of professional legal services, assistance, and advice to the City Council, the City Manager, and all City departments and various boards, committees, and commissions; plans, organizes, manages, and provides administrative direction and oversight for all functions and activities of the City Attorney’s Office. The City Attorney serves as legal advisor and counsel for the City, is appointed by the City Council, and is responsible for the conduct of all legal functions and activities. The position receives policy direction from the City Council within a framework of legal guidelines, broad policies, and established organizational values and processes. Exercises general supervision and direction over legal support and professional staff. ESSENTIAL JOB FUNCTIONS The following examples are intended to describe the general nature and level of work performed by persons assigned to this classification. Duties may include, but are not limited to, the following: Assumes full management responsibility for all programs, services, and activities of the City Attorney’s Office, including civil litigation, criminal prosecutions, and administrative hearings. Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the department; establishes, within City policy, appropriate budget, service, and staffing levels. Manages and participates in the development and administration of the department’s annual budget; directs the forecast of additional funds needed for staffing, equipment, materials, and supplies; directs the monitoring of and approves expenditures; directs and implements adjustments as necessary. Selects, trains, motivates, and directs department personnel; evaluates and reviews work for acceptability and conformance with department standards, including program and project priorities and performance evaluations; works with employees on performance issues; implements discipline and termination procedures; responds to staff questions and concerns. Contributes to the overall quality of the department’s service by developing, reviewing, and implementing policies and procedures to meet legal requirements and City needs; continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors the distribution of work, support systems, and internal reporting relationships; identifies opportunities for improvement; directs the implementation of change. Renders opinions in writing and orally for City Council, City Manager, boards, committees, commissions, and department staff regarding routine and complex matters; attends City Council, board, committee, and commission meetings as required. Prepares, reviews, and assists in the negotiation of proposed agreements; prepares and reviews ordinances, resolutions, bonds and financing papers, insurance policies, deeds, pleadings, contracts, and other legal documents relating to City affairs. Provides highly complex and professional staff assistance to the City Council, City Manager, and other City departments. Represents the department to other City departments, elected officials, and outside agencies; explains and interprets departmental programs, policies, and activities; negotiates and resolves significant and controversial issues. Prepares, reviews, and presents ordinances, resolutions, staff reports, various information updates, and reports on special projects to the City Council, City Staff, and a variety of boards, committees, and commissions. Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of municipal law and other services as they relate to the area of assignment. Monitors changes in laws, regulations, and technology that may affect City or departmental operations; implements policy and procedural changes as required. Provides in-house training for the City Council, boards, committees, commissions, and staff relating to various matters. Manages and maintains documentation pertaining to City affairs. Perform other related duties as assigned. QUALIFICATIONS Any combination equivalent to experience and education that could likely provide the required skills, knowledge, and abilities would be qualifying. A typical way to obtain the skills, knowledge and abilities would be: Education: Equivalent to possession of a Juris Doctorate degree from an accredited school of law. Experience: Six (6) years of practice in the field of public agency law, and six (6) years of management and/or administrative experience in public agency law. Knowledge of: Public policy, municipal functions and activities, including the role of an elected City Council. Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and supervision of staff, either directly or through subordinate levels of supervision. Public agency budget development, contract administration, City-wide administrative practices, and general principles of risk management related to the functions of the assigned area. Organizational and management practices as applied to the analysis and evaluation of projects, programs, policies, procedures, and operational needs; principles and practices of municipal government administration. Principles and practices of basic supervision, including work planning, assignments, review and evaluation, and training. Federal, State, and local laws statues and ordinances with emphasis on municipal law, including land use and zoning. Federal, State, and local trial and appeal procedures and methods of case preparation and presentation for both civil and criminal matters. Methods of legal research, including computer research. Record keeping principles and procedures. Modern office practices, methods, and computer equipment and applications related to the work. English usage, grammar, spelling, vocabulary, and punctuation. Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations. Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff. Ability to: Provide sound level advice to the City Council, boards, committees, commissions, and staff. Present legal information and advice clearly and persuasively in public sessions. Determine alternative legal and administrative approaches to solving problems. Analyze and prepare a wide variety of legal documents. Prepare and present cases in court. Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for the department and assigned program areas; research, analyze, and evaluate new service delivery methods, procedures, and techniques. Provide administrative and professional leadership and direction for the department and the City. Prepare and administer budgets; allocate limited resources in a cost effective manner. Interpret, apply, and ensure compliance with Federal, State, and local policies, procedures, laws, and regulations. Plan, organize, direct, and coordinate the work of professional and technical personnel; delegate authority and responsibility; select, train, motivate, and evaluate the work of staff and train staff in work procedures. Conduct effective negotiations and effectively represent the City and the department in meetings with governmental agencies, various businesses, professionals, regulatory, and legislative organizations. Prepare clear and concise reports, correspondence, policies, procedures, and other written materials. Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective staff reports. Establish and maintain a variety of filing, record keeping, and tracking systems. Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. Operate modern office equipment including computer equipment and specialized software applications programs. Use English effectively to communicate in person, over the telephone, and in writing. Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines. Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work. License or Certification: A valid California Class C Drivers License or the ability to utilize an alternative method of transportation to carry out the essential functions of the position is required. Possession of a State Bar license is required. PHYSICAL TASKS AND ABILITIES AND ENVIRONMENTAL CONDITIONS An incumbent must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone.The position is primarily a sedentary office classification, although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard, or calculator, and to operate standard office equipment. In the regular course of work, an incumbent occasionally bends, stoops, kneels, reaches, pushes, and pulls drawers open and closed to retrieve and file information. An incumbent must possess the ability to lift, carry, push, and pull materials and objects weighting up to 25 pounds with proper assistance as needed. The incumbent works in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. An incumbent may experience a heavy workload, work under tight deadlines, and interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures; therefore, the ability to work well under pressure demonstrating appropriate tact and professionalism is required.