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HomeMy WebLinkAbout10 - Report from the City Council Ad Hoc Legal Services CommitteeCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 September 23, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Homer L. Bludau, City Manager 644 -3000 — Hbludau @city.newport- beach.ca.us SUBJECT: Additional Information Regarding Recommended Modifications to the Current Agreement between the City and the City Attorney The City Attorney has requested two additional amendments to his contract that would allow: (a) a rollover of accumulated sick leave and flex leave into a deferred compensation account if permitted by law, and (b) the right to participate in any supplemental retirement or health insurance program that becomes effective prior to his retirement date provided he satisfies conditions to participation that are applicable to other management employees. I feel these are reasonable requests. Homer L. Bluda . City Manager CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 September 23, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Homer Bludau, City Manager 644 -3000 — hbludau @city.newport- beach.ca.us SUBJECT: Preliminary report of the City Council Ad Hoc Legal Services Committee relative to: (a) the process for selecting a successor to the City Attorney; and (b) recommended modifications to the current agreement between the City and the City Attorney. ISSUE Should the City Council accept the recommendations of the City Council Ad Hoc Legal Services Committee with respect to (a) the process for selecting a successor to the current City Attorney who has announced his intention to retire; and (b) authorizing the Mayor to execute certain modifications to the current employment agreement between the City and the City Attorney? RECOMMENDATION Accept the recommendations relative to (a) the process for selecting a successor to the current City Attorney; and (b) authorize the Mayor to execute modifications to the current employment agreement between the City and the City Attorney as specified in this memo and after review of the amendments by independent counsel. DISCUSSION On August 26, 2003, the City Council adopted a resolution creating the City Council Ad Hoc Legal Services Committee and designating Mayor Bromberg, Mayor Pro Tern Ridgeway and Council Member Heffernan as members of the Committee. The Committee was formed to consider and make recommendations to the City Council, with respect to the process of filling the position of City Attorney and any modifications to the current employment agreement between the City and the City Attorney the Committee considers appropriate under the circumstances. The Committee met on September gth and discussed various City Attorney recruitment scenarios. The Committee is recommending that: (a) the City Council conduct the recruitment by placing advertisements in Western Cities – the League of California Cities magazine – and possibly other publications such as the Daily Journal; (b) that the recruitment commence in January 2004; (c) that the Committee develop, and submit to the City Council for approval, the minimum qualifications for eligible candidates for the position; (d) that the Committee members and City Manager— with the assistance of the City Attorney and /or other attorneys who specialize in municipal law - evaluate applications, conduct appropriate background checks and interview qualified candidates; and (e) that the City Council make an appointment after interviewing in closed session the candidates who appear most qualified. The Committee is also recommending certain modifications to the current employment agreement between the City and the City Attorney be modified. The Committee is recommending that the contract be modified to require the City Attorney to prepare extensive briefing memos regarding special projects that he has worked on during his tenure to ensure his successor is fully informed on important issues. The Committee is also recommending that the City Council have the option of retaining the current City Attorney — on a part time basis — after retirement at an hourly rate equal to his current salary and benefits. Recognizing that the briefing memos will require a substantial amount of time to prepare and will be additive to the City Attorney's current duties, the Committee is recommending a 5% salary increase, and 60 additional hours of administrative leave effective October 1, 2003. Finally, the Committee is recommending that the amendments to the employment agreement be reviewed by independent counsel to ensure they are consistent with this memo prior to execution by the Mayor. Environmental Review: None required. Preparpd by: Bludau, City Manager Attachments: Resolution RESOLUTION NO. 2003- 47 A RESOLUTION OF THE CITY OF NEWPORT BEACH CITY COUNCIL ESTABLISHING THE CITY COUNCIL AD HOC LEGAL SERVICES COMMITTEE WHEREAS, the City Attorney has, after more than 20 years in office, given the City Council notice of his intent to retire between March 31, 2004 and June 30, 2004; WHEREAS, the City Council believes that this is an opportune time to evaluate the legal services currently being provided by the City Attorney's Office and determine the type and level of services that office should provide in the future; WHEREAS, the City Council believes it should make a determination as to the level and nature of the services to be provided by the City Attorney's office before developing the criteria for selecting a successor; WHEREAS, in anticipation of his retirement, the City Council may want to consider modifications to the current agreement between the City and the City Attorney; WHEREAS, the City Council would like to establish an Ad Hoc Committee consisting of three Council Members who are attorneys and ask the Committee to make recommendations relative to the level and scope of legal services as well as any appropriate modifications to the current agreement. NOW, THEREFORE, BE IT RESOLVED by the Newport Beach City Council as follows: Section 1. The City Council Ad Hoc Legal Services Committee is hereby established. Section 2. The Committee shall consist of Mayor Bromberg, Mayor Pro Tem Ridgeway and Council Member Heffernan. Section 3. The Committee shall have the following duties and responsibilities: A. Meet with the City Attorney, the City Manager and staff to determine the nature and extent of the legal services currently provided by that office. B. If desired, consult with other municipal law practitioners who are familiar with the unique legal issues facing Newport Beach and request input as to the matters the City should consider in evaluating the nature and level of legal services, appropriate staffing and the criteria for a successor to the City Attorney. C. Discuss with the City Attorney any modifications to the existing agreement that may be appropriate to ensure the continuity of effort on certain legal issues that are: (i) complex and longstanding; or (ii) unique to Newport Beach. D. Present recommendations to the full City Council within one hundred and twenty (120) days. Section 4. The term of this Committee shall expire one hundred and twenty (120) days after the adoption of this resolution. IN WITNESS WHEREOF, I have hereunto set my hand this twenty -sixth day of August 2003. ATTEST: LaVonne M. Harkless City Clerk