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HomeMy WebLinkAboutS32 - City Attorney RecruitmentCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S32 June 24, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Attorney Ad Hoc Recruitment Committee SUBJECT: Determination of the City Attorney Recruitment Process ISSUE: Does the City Council want to hire a Recruitment Consultant or do the recruitment with the City's HR staff? 2. What steps should be taken in the recruitment process and on what timeline should these steps be taken? 3. What job description and required qualifications are desired by the City Council for the City Attorney's position? 4. What is the appropriate salary range to be used for the City Attorney's position? RECOMMENDATIONS: Authorize the use of a recruitment consultant to assist in obtaining candidates for the City Attorney position and direct the staff to send out a Request for Proposals (RFP) as soon as possible, and direct the Ad Hoc Committee to review the proposals received and make a recommendation to the City Council at the July 22, 2008, Council meeting on the firm to retain for the recruitment process. 2. Provide input to the Ad Hoc Committee on desired modifications and changes to the proposed timeline, job description and required qualifications, so that finalized recommendations can be brought back to the City Council for approval at the July 8, 2008 City Council meeting. 3. Postpone the determination of the City Attorney's salary range until the recruitment consultant has been retained and can make recommendations. Direct the City Manager to have the Human Resources Department prepare a salary survey of City Attorney and City Manager salaries for positions of similar responsibility and duties in Southern California. Approval of the City Attorney Recruitment Process June 24, 2008 Page 2 DISCUSSION: The City Attorney Ad Hoc Recruitment Committee with the assistance of the Human Resources Director has reviewed the recruitment process options for the City Attorney's position and strongly recommends that a recruitment consultant be retained for the recruitment process. Exhibit A is a draft of the Request for Proposals (RFP) for this recruitment process. If City Council members wish to make modifications at the meeting they will be incorporated in the RFP before it is sent out on June 25th. Exhibit B is a list of recruitment consultants that will receive the RFP's. The City Council can add to this list at the meeting. Also any firm requesting an RFP will be added to the list. Exhibit C is a proposed timeline that is recommended at this time. The timeline summarizes the recruitment process and is set up to have the position filled by early January. It should be understood that once the recruitment consultant is on board that modifications may brought to the Council by the consultant. The schedule relies on the consultant to handle the advertising for the position. With this in mind the earliest an advertisement can be placed in the Western Cities Magazine is September 1st Exhibit D is a proposed City Attorney position definition, description of duties, qualifications and minimum requirements. These were taken from Human Resources files and the 2004 recruitment process with some modifications from the Committee. It is recommended that the Council review and comment on Exhibit D and make changes as necessary. The Committee recommends that the City Council approve the retention of a recruitment consultant for the City Attorney position and the RFP attached as Exhibit A (with changes made at the meeting, if any). The timeline would have the Committee reviewing the proposals received and making a recommendation to the City Council at their July 22nd meeting on which firm to retain. Exhibits C and D are provided for review and comment and will be brought back to the July 8th meeting for approval. These exhibits may be modified if needed after the recruitment consultant is on board and makes recommendations to do so. The Committee recommends that setting the salary range for the City Attorney be postponed until the recruitment consultant can provide recommendations. To help in this determination, the Human Resources Department should prepare salary surveys for both the City Attorney and City Manager comparing cities in Southern California with like duties and responsibilities. At the City Council meeting Council Members should be prepared to approve a recruitment process, comment on and suggest changes to Exhibits A -D and give the Ad Hoc Committee further direction on items they would like to see the Committee review. Approval of the City Attorney Recruitment Process June 24, 2008 Page 3 Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Council considers the item). Submitted by: ON WEBB Council Member Ad Hoc Committee Chair Attachments: Exhibit A — Request for Proposal Exhibit B — List of Recruitment Consultants to receive the RFP Exhibit C — Proposed Timeline Exhibit D — City Attorney Job Description EXHIBIT A June 25, 2008 Recruitment Consultants Greetings The City of Newport Beach will be recruiting for a new City Attorney in the next few months and have decided to contract with a recruiting firm to perform the recruitment. Our current City Attorney, Robin Clauson, is retiring at the end of the year and we would like to have her replacement on board by the first week in January (sooner if possible). Your firm has been recommended and we would like to receive a proposal from you to provide the following services: 1. Review documents provided by the City to gain familiarity with the City, including major issues and challenges. Prepare a profile of the ideal candidate with issues and challenges facing the City Attorney and the City of Newport Beach. 2. Develop a recruitment strategy and timeline for the City Attorney Recruitment. 3. Work with the City Council to determine the appropriate salary range. 4. Develop and print brochure with information provided by the City. 5. Develop a recruitment packet with information from the City. 6. Market the position and recruit from various sources. 7. Write and place advertisements. 8. Collect and review applications. Conduct preliminary screening interviews as necessary to screen candidates and provide preliminary pre- screened list of candidates. 9. Conduct background check(s) for final candidate(s). 10. Other services as needed or recommended. In addition to the scope of work listed above, please provide the following information in your proposal: • Qualifications & experience of your firm and the person and/or team who will be responsible for this recruitment. • Cost to provide the services listed above. You may also include any additional services that you feel are necessary with a separate cost attached to those services. • Recent City Attorney Recruitments your firm has handled and the person who will be assigned to our City. Include names and phone numbers for references. • Recruitment strategy and timeline for the recruitment. We would appreciate receiving three copies of your proposal by close of business on July 11, 2008. A City Council Committee will review the proposals and make a recommendation for City Council approval on July 22 "d. If you have any questions please give me a call at (949) 644 -3300. If this request excludes something you feel is important, please include it with a separate cost and submit your proposal to me at the following address: Barbara Ramsey Human Resources Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 I look forward to hearing from you, Barbara Ramsey Human Resources Director List of Recruitment Consultants to Receive the RFP Consultant/Firm Contact Primary Phone Address e-mail Website Avery & Associates Jackie Collins Paul Kimura Gary Brown 408- 399 -4424 3 1/2 No Santa Cruz Ave, #A, Los Gatos, CA 95030 obs(cDaveryassoc.com www.averyassoc.net Ralph Andersen & Associates Heather Renschler 916 -630 -4900 5800 Stanford Ranch Rd, Suite 410, Rocklin, CA 95765 info(cbralphandersen.co www.ralphandersen. m com CPS CPS Recruit Team 916- 263 -1401 241 Lathrop Way, Sacramento, CA 95815 resumes(u)cps.ca.gov www.cps.ca.gov /sear ch Alliance Resource Consulting Eric Middleton 562 - 901 - 0769 One World Trade Center #420, Long Beach, CA 90831 info(c alliancerc.com www.allianceresourc econsulting.com TB & Co Teri Black -Brann 310- 377 -2612 info(a tbcrecruiting.com www.tbcrecruiting.co The Davis Company Michael Davis 310.473.1457 Tel 11150 Santa Monica Boulevard, Suite 230, Los Angeles, CA 90025 mdavis(a)davisco.org www.davisco.org Bob Murray &Associates Regan Williams 916- 784 -9080 1677 Eureka Road, Ste 202, Roseville, CA 95661 applv(a)bobmurrayasso www.bobmurrayasso c.com c.com The Mills Group Lisa Mills 2314 N. Olive Lane, Santa Ana, CA 92706 does not appear listed online m x x W W EXHIBIT C City Attorney Recruitment Proposed Timeline 24 June 2008 06/24/08 City Council approves hiring a recruitment consultant and reviews and comments on the recruitment process 06/25/08 Request for Proposals sent out to recruitment firms 07/08/08 City Council approves recruitment timeline, and job description 07/11/08 RFP from recruitment firms due 07/16/08 Committee interviews recruitment firms 07119/08 Reserve space in Western City 07/21/08 Council approves hiring recruitment firm 07/28- 08/01/08 Recruiter interviews individual Council members to define expectations, and desired working relationships 08/15/08 Recruiter opens recruitment process (open 5weeks) 08/07/08 Western City ad materials due (if recommended by recruiter) 09/22/08 Recruitment closes 6/20/2008 09/22 -29/08 Screening of candidates - Recruiter 09/29- 10/06/08 Committee reviews candidates and recruiter's recommendations and makes recommendation to Council on who to interview 10/14/08 Council (Closed Session) reviews committee recommendations and picks those to interview. 10/15/08 Call candidates for interview 11/08/08 Saturday full Council interview panel (Closed Session) 11/10-17/08 Final interviews (Full Council Closed Sessions) 11/17-21/08 Reference checks conducted (outside agency) 11/25/08 Council approves offering the position to selected candidate. 11/26/08 job offer and negotiate contract 12/09/08 Council approves new City Attorney contract at meeting. 1/05/08 New City Attorney on the job 6/20/2008 EXHIBIT D CITY OF NEWPORT BEACH CITY ATTORNEY DEFINITION: To act as legal advisor and counsel for the City Council, City Manager and City departments, City boards and commissions; to represent the City in litigation and coordinate with outside legal counsel representing the City; to plan, organize and direct the activities of the City Attorney's Office; to supervise legal staff; to coordinate activities with other departments; and to provide highly complex staff assistance to the City Council. SUPERVISION RECEIVED AND EXERCISED: Receives policy direction from the City Council. Exercises direct supervision over professional and clerical staff and outside legal counsel. EXAMPLES OF ESSENTIAL DUTIES: Duties may include, but are not limited to, the following: Essential Job Duties • Render legal opinions to the City Council, City Manager and department staff, City boards and commissions, as required; analyze legislation affecting the City; • Attend meetings of the City Council, boards, commissions, and committees as may be required, and render legal advice on agenda items; • Develop, plan, implement and administer Department goals and objectives as well as policies and procedures necessary to provide legal services; approve new or modified programs, systems, policies and procedures; • Direct the development and administration of the Department's budget; direct the forecast of funds needed for staffing, outside legal counsel, equipment, materials and supplies; monitor and approve expenditures; prepare and implement mid -year corrections; • Direct, oversee and participate in the development of the Department's work plan, assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures; • Coordinate Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the City Council and City City Attorney Page 2 City of Newport Beach • Coordinate, supervise and monitor the services of outside counsel retained to represent the City. • Recommend appoint of, train, motivate and evaluate staff; establish and monitor employee performance objectives; prepare and present employee performance reviews; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline procedures; recommend employee terminations; • Review proposed contracts, bond and financing papers, insurance policies and other documents affecting the City; • Monitor and control liability claims and lawsuits; • Prepare or review drafts and assist in the negotiation of proposed agreements and development agreements; prepare or review ordinances, resolutions, deeds, pleadings, contracts and other legal documents; • Appear before courts and administrative proceedings to represent the City's interest as required; • Perform related duties as assigned. QUALIFICATIONS: Knowledge of: Modern and highly complex principles and practices of municipal law; Methods of public agency administration and public works contracting; Principles of personnel administration, supervision, and training; Organization, duties, powers, limitations, and authority of City government and the City Attorney's office; Legal principles and practices, including civil, criminal, constitutional and administrative law and procedure; Constitutional and police power concepts of municipalities, due process, Brown Act, Public Records Act, and conflict of interest law; City Attorney Page 3 City of Newport Beach Knowledge of water quality State regulations and the legality of measures to improve water quality and conserve water usage Ordinances, statutes, and court decisions relating to municipal corporations; Judicial procedures and rules of evidence; Litigation and administrative hearing law for governmental claims processing; Land use and CEQA law; Methods of legal research; Established precedent and sources of legal reference applicable to municipal activities. Specialized Knowledge Desirable: Aviation law as it relates to protecting the quality of life of communities surrounding a major airport; Water quality control law; State and Federal law related to fair housing issues; California Tidelands law California Coastal Act establishing the Coastal Commission and its enforcement. Abili to: Organize, interpret, and apply legal principles and knowledge of complex legal problems; effectively apply legal knowledge and principles in court; Present statements of law, fact and argument clearly and logically; Prepare and present difficult cases in court; Communicate effectively, both orally and in writing; Conduct research on complex legal problems and prepare sound legal opinions; Properly interpret and make decisions in accordance with laws, regulations, and policies; Select, supervise, train, and evaluate professional and clerical staff; City Attorney City of Newport Beach Page 4 Develop and administer a department budget; Establish and maintain cooperative working relationship with the general public, staff, committee members and public officials. Experience and Training: Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Ten years of increasingly responsible professional experience in municipal or other similar government law including trial experience with at least three years experience as a City Attorney or Assistant City Attorney for a city (either in house or with a legal firm representing a city). Training: Equivalent to a Jurist Doctorate from an accredited law school. License or Certificate: Possession of, or ability to obtain, an appropriate, valid California driver's license. Membership in the State Bar of California.