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.
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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
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Resolution No. 2017 -
Page 3 of 8
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaroh C. Harp
City Attorney
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-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
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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