HomeMy WebLinkAbout2017-6 - Amending the Classification Plan, Salary Schedule, and Positions in the City Attorney’s OfficeRESOLUTION 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
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 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
Resolution No. 2017-6
Page 2 of 2
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 Muldo
Mayor
ATTEST: sit� "bm'
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
J cx� C,y-�
Aaron C. Harp
City Attorney
Exhibit "A"
Assistant City Attorney Salary Schedule
Title Group
Grade
Hourly
Bi-Weeldy
Monthly
Annual
ASST CITY ATTORNEY 7000
17B
$72.66
$5,812.80
$12,594.40
$151,132.80
$113.83
$9,106.40
$19,730.53
$236,766.40
Exhibit "B"
CLASS SPECIFICATIONS
Definition
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.
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 bythe 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 CAO'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.
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;
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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2017-6 was duly introduced before and adopted by the City Council of said City at a regular meeting of
said Council held on the 24th day of January, 2017, and that the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25th day of January, 2017.
(41(&A� J NAA,�_
Leilani . Brown, MMC
City Clerk
Newport Beach, California
(Seal)