HomeMy WebLinkAboutStaff Report 4.D 12/02/2013 A enc a�'tenni#4. 1D
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DATE:. December 2, 2013
TO: Honorable'Mayor and Members of the City Council
FROM: John C. Brown, City Manager
SUBJECT: Resolution Amending-the Classification and Compensation Plan by Establishing
the New Classification Specification of City Attorney, the New Classification and
Pay Range of Assistant City Attorney, and Authorizing the Position Allocation of
Two Assistant City Attorney Positions in the City Attorney's Office.
RECOMMENDATION
i
It is recommended that the City Council adopt the attached Resolution Amending the
Classification and Compensation Plan by Establishing the New.Classification Specification of
City Attorney, theNew Classification and Pay Range of Assistant City Attorney, and
Authorizing the Position Allocation of Two Assistant City Attorney Positions in the City
Attorney's office.
BACKGROUND
The City Council approved the position and salary for an in-house City Attorney on June 3, 2013
and authorized the Mayor to execute an employment agreement with Eric,Danly for City
Attorney Services. The CityCouncil also approved a staffing plan for the City Attorney's
Office, including.a•Legal Assistant and two senior level attorneys. Mr. Danly began his
employment with the=City'in early July; the legal assistant was hired shortly thereafter. Although
the Council approved the agreement with Mr. Danly and the staffing plan for his office,job
classification specifications are needed for the City Attorney and the supporting attorney
positions, and a pay range is needed for the two attorney positions. As well, the Council needs to
authorize the position allocation for the two attorney positions before they can be hired.
Following the Council's June approvals, the executive search firm of Avery Associates was
contracted to,conduct the recruitment for the two Assistant City Attorney positions. Avery
Associates believes they can recruit high quality applicants for these positions, but advised the
title "Senior Attorney" as was discussed with,the Council in June would be less likely to generate
interest than a different,title such as "Deputy City Attorney" or Assistant City Attorney" even
though the salary for°all:three titles might be the same. The City Attorney prefers the title
"Assistant City Attorney" for the two support positions. That title is recommended to the City
Council in the documents attached for your approval. It should be noted that the Assistant City
Agenda Review:
City Attorney finance.Director City MaoageCar
Attorney positions have been placed in Unit 8, serve in an at-will capacity in the same
manner as do the City's Human Resources Manager and all Department Directors.
DISCUSSION,
A review of similar classification°,and classification salary relationships was conducted for the
position of Assistant City Attorney where such positions exist in agencies outside the City of
Petaluma. A review of similar classifications and classification salary relationships was also
conducted within the City's existing,pay structure to insureinternal consistency. In setting a
salary range,the classification was placed within the existing internal pay structure at a level
consistent with:classifications of similar complexity and responsibility and also to be competitive
with the external market. Asalaryrange from $117,375 to $142,670;appears to meet these
needs. Therefore, it is recommended that the salary range for the Assistant City Attorney
positions be set at this level. The top step of this range is less than the $148,000 estimate
provided to your Council in June 2013, related to senior attorney positions, but again maintains
internal consistency with the City's salary ranges and is viewed.as competitive in the external
market. For these reasons,your approval of the recommended;pay range is respectfully
requested. As indicated, the Cityhas contracted with Avery Associates to conduct a
recruitment; recruiting.materials,are completed and ready to be released. With your approval of
the attached resolution, recruitment will be initiated. It is expected that the recruitment process
will take ten to twelve weeks and that the two Assistants can report to work in three and one half
to four months.
FINANCIAL IMPACTS
Calculated at the third step, which is mid-rage of the salary range, the base salary for each of
these two positions is approximately$129,406. Calculated at the third step, total annual
compensation for each position including salary and benefits is approximately $175,056.
Together, and at that step, these;positions have an annualized cost of approximately $350,112.
FY 2013/14 costs, anticipating a March 15, 2014 start date, are estimated at $102,116. Sufficient
monies have been budgeted in the City's various legal services accounts to support these.costs.
ATTACHMENTS
1. Resolution with Exhibits A andB
ATTACHMENT 1
RESOLUTION AMENDING THE CLASSIFICATION AND COMPENSATION
PLAN BY ESTABLISHING THE NEW CLASSIFICATION SPECIFICATION OF
CITY ATTORNEY, THE!NEW CLASSIFICATION AND PAY RANGE OF
ASSISTANT CITY ATTORNEY, AND AUTHORIZING THE POSITION
ALLOCATION OF TWO ASSISTANT CITY ATTORNEY POSITIONS IN THE
CITY ATTORNEY'S OFFICE
WHEREAS, the City wishes to keep current its Classification and Compensation
Plan; and amendments and or revisions to the Classification and Compensation Plan are
effective upon approval by,the City Council; and,
WHEREAS,the City Manager/Personnel Officer has determined that certain
duties and responsibilities are appropriately allocated to the position of City Attorney and
the classification of Assistant City Attorney(as attached hereto,and marked Exhibit A
and B); and,
WHEREAS, the pay range for the classification of Assistant City Attorney as
listed below, is hereby recommended, effective with the adoption of this Resolution.
Classificatr iiWile Pay Range; e> M ral
Assistant City Attorney $9,781.25 to $11,889.17
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma:
1. Approves the amendment to the Classification and Compensation Plan as
written in this.Resolution_including the amendment in the Competitive
Service of the Personnel System.
2. Takes this action pursuant to Personnel Code 3.04.020 and Personnel
Rules and Regulations (Rule IV- Classification and Rule V—
Compensation) and, that the notice of this action has been properly posted.
3. Authorizes the position allocation of two Assistant City Attorney positions
in the City Attorney's office effective with the adoption of this Resolution.
3
EXHIBIT A
,SP'L trie
'{' 1. ‘? CITY OF PETALUMA
4 P6' 1 CLASS SPECIFICATION
1
Date:
1858 Job Class:
City Attorney
Summary
Under the general direction of the City Council, and subject to the City Council's charter authority to
control all City litigation,the City Attorney: plans, organizes, coordinates,and directs the provision of all
City legal services; acts as chief legal advisor to the City Council, City Manager, City department
directors and other employees, and members of other City bodies; represents the City in litigation and
other legal proceedings, including legal and regulatory matters involving other governmental and/or
private parties; and performs and.oversees,the performance of duties:and functions of the City Attorney in
accordance with the City Charter, California State law, the City's Municipal Code,and other applicable
law.
Class'Characte ristics
By City Charter,the City Attorney is one of the principal appointive officials of the City and receives policy
direction from the City Council. The City Attorney supervises management;.professional,technical,and support
services personnel.
The City Attorney is responsible for managing,all City legal activities, including activities of the City Attorney,
Assistant City Attorneys, Paralegals,.Legal,Assistants, outside legal counsel, investigators, and other experts.
retained by the City: The City Attorney'is'responsible for resolving extrenielysensitive and complex legal matters,
and for providing analysis and recommendations to the City Council, the City;Manager and other City officials and
employees and representing the City in various legal and other proceedings before various bodies consistent with
general directiomof the CityCouncibandthe goals, objectives, initiatives and needs of the City, and legal
requirements,applicable to California charter cities.
Examples of Duties, Skills, and Demands of the Position
The duties, skills, and demands described here are representative of those,that must be met by an
employee to successfully perform the essential functions of this job.-Reasonable-'accommodations may he
made to enable individuals with a;disability to perform the essential ditties, skills, and demands.
Duties. 'The City Attorney's responsible for performing and supervising the performance of the
following types"of representative duties; in addition to others that may be prescribed by the City Council
or required from time to tithe:
Plan, organize;;coordinate,,and direct all City legal activities, including those'ofCity Attorney
Department employees, outside legal,service providers, investigators and experts.retained'by the City.
Act as chief legal advisor,.render'legal opinions and recommendations to the City Council, City
Manager, City department directors and other employees, and members of other City bodies.
Participate as an active member of the City's executive team lead by the City Manager and consisting of
the Assistant City Manager, all department directors and assigned City managers.
4
Participate in the,development and implementation of City goals, objectives, policies, initiatives and
other priorities, and formulate and identify innovative legal solutions and strategies for accomplishing
City goals, objectives, policies and initiatives.
Attend City Council meetings.and.meetings of other City bodies, and represent the City in meetings of
other government and private entities as required.
As directed and authorized by the City Council and in coordination-with the City Manager, Assistant City
Manager and relevant department directors provide legal advice regarding and prepare and issue
statements to members of news media and others concerning City activities, operations and issues.
Prepare and/or review and make recommendations on ordinances, resolutions, rules, policies, pleadings,
agreements and other legal documents.
Review and make recommendations on agendas and agenda items of the City Council and other City
bodies regarding.accomplishment-of City objectives and compliance with applicable legal and regulatory
requirements.
Prepare and/or review,;and make recommendations on City agreements and assist in agreement
negotiations on behalf of theCity, and provide and maintain agreement tools as appropriate to supervise
the drawing of all City contracts.
Advise and represent the City:in labor and employment related matters including labor negotiations,
disciplinary proceedings, and grievances.
Represent the City in lawsuits and administrative hearings and appearbefore courts and administrative
and other bodies to represent the City's interests.
Enforce City Charter and.Municipal Code violations through prosecution of civil, criminal and
administrative cases, seek abatement of public nuisances, recover the cost of City litigation and damage to
City property; assist in acquiring and condemning property for public purposes.
Review and provide legal analysis and advice regarding defense and resolution of claims and lawsuits
against the City.
Review and provide recommendations on bond and financing papers, insurance policies and other
documents^affecting the City, including recommendations upon the validity and sufficiency of such
documents:
Perform legal research and preparation of analysis, opinions, pleadings,-correspondence and-other legal
documents.
Coordinate legal activities with other City departments and divisions, and with outside_agencies and
private parties.
In case of emergency serve as Emergency Operations Center staff as heeded and participate in and
support emergency operations planning and training activity as
Provide legal training-to City legislative body members and staff.
Track, analyze an`d make recommendations odnew legislative-and case law developments affecting City
programs, policies, objectives and interests:
Respond to citizen complaints and requests for information.
Prepare and administer the City Attorney Department budget.
Represent the City at community events and at professional gatherings.
Select, supervise, train and evaluate assigned staff.
Skills/Abilities:
Plan, organize, coordinate, and direct all City legal services.
Interpret, apply, and follow legal principles and procedures.
Apply legal knowledge and principles before courts and other bodies.
Present statements of law, fact and arguments clearly and logically.
Communicate clearly and concisely, both orally and in writing.
Conduct research on complex,legal'problemns and prepare sound legal opinions.
Properly interpret and make recommendations in accordance with laws, regulations, and policies.
Analyze and prepare a wide variety of complex legal documents.
Exercise sound, independent judgment within general policy guidelines.
Establish-and maintain effective working-relationships within the City and with persons and entities that
have dealings with the City.
Physical Demands and Work Environment:
Employee is regularly required to sifat desk and in meetings for long periods of time; talk or hear, in
person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office
equipment; and reach with hands and arms. Intermittently, to twist to reach equipment and materials
surrounding desk;walk to meetings and to;observe department activities; bend and squat to perform file
searches; perform simple grasping and fine manipulation; use telephone and write or use a:keyboard to
communicate,through written means; operate an automobile to attend meetings. While performing duties,
the employee is regularlyrequired to use writtemand oral communication skills; analyze legal principles;
observe performance of and evaluate staff;explain and interpret legal requirements, policies and
procedures; and interact with the City Council; City management and other City officials, officials of
other agencies and members of the public.
Qualifications
Knowledge of:
Organization, duties, powers, limitations and authority of City government, City officials and the City
Attorney.
6
Legal principles and practices, including civil, criminal, constitutional and administrative law and
procedures.
Statutes, ordinances;and regulations affecting City operations.
Laws and practices related to redevelopment and community development.
Court decisions relating to municipal corporations.
Judicial procedures and rules of evidence.
Methods of legal research.
Established precedents and sources of legal authority applicable to municipal activities.
Education and Experience:
Any combination equivalent=to the education and experience likely to provide the required knowledge and
abilities would be qualifying. A typical way to gain such knowledge and abilities would be:
Education: Equivalent to a Juris Doctor degree from an accredited law school.
Experience: Five years of experience performing duties comparable to those of a city attorney or
county counsel or senior or supervising attorney in the office of a city attorney, county counsel,
special district counsel, or private law firm providing legal services to local government clients.
Certifications/Licenses:
Membership in the State Bar-of California and admittance to practice before,all State and Northern
Federal Districts Courts in California is required.
Possession of a valid California Class C driver's license.
Special Note:
This single class position is exempt from Civil Service as specified under City Charter and serves at the
will of the City Council.
Established:
Resolution#:
Department: City Attorney
FLSA Status: Exempt
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EXHIBIT B
bat
aCITY OF PETALUMA
/\DdVt� CLASS SPECIFICATION
Date:
I8. 5$ Job Class:
Assistant City Attorney
Summary
Under the general direction and supervision of the City Attorney, act as legal advisor to the City
Council, City Manager, City;department directors and other employees, and members of other City
bodies; represents the City in litigation,and other legal proceedings, including legal and regulatory
matters involving other'governmenial:and/or private parties; and assists in the performance of the
duties and functions of the City Attorney in accordance with the City Charter, California State law, the
City's Municipal Code, and other applicable law.
Class Characteristics
General direction and supervision is provided by the City Attorney. Responsibilities include the direct
and indirect supervision of management, professional, technical, and support services personnel.
The Assistant City.Attorney is an advanced tourney-level class required to perform extremely sensitive and
complex legal work and to function With a.high degree of independence and accountability. The
incumbent is expected to be capable of performing the full range of duties common to the position of
Assistant City Attorney and to have,develop and maintain subject Matter expertise as needed to fulfill the
City's legal requirements and perform tasks assigned to the Assistant City Attorney. The Assistant City
Attonteyassists in the'perforntance of any and all of the responsibilities`ofthe City Attorney, as assigned,
including, when directed and/or authorized, acting on behalf of the City Attorney in the City Attorney's
absence.
Essential,Duties;Skills;And Demands`Of The Position
The duties, skills, and demands'described here are representative of those that must be met by an
employee to successfidly'perform tthe essential functions of this job. Reasonable accommodations may be
made to enable individuals with a:disability to perform the essential:duties, skills, and demands.
Duties. The Assistant City Attorney is responsible for performing and supervising the performance of the
following:types.ofrepresentative duties, in addition to others that may be prescribed by the City Attorney
or required from time to time:
Help the City Attorney plan, organize coordinate, and direct all City legal activities, including those of
City Attorney Department employees, outside legal service providers, investigators and experts retained
by the City.
Act as legal advisor, and render legal opinions and recommendations to the City Council, City Manager,
City department directors and other employees, and members of other City bodies, as assigned.
On a relief basis as assignedirepresent the City Attorney on the City's executive team lead by the City
Manager and consisting of Assistant City Manager, all department directors and assigned City
managers.
8
Help the City Attorney participate in the development and implementation of City goals, objectives,
policies, initiatives,and•other priorities, and formulate and identify innovative legal solutions and
strategiesito accomplish City goals objectives, policies and initiatives.
Attend City Council meetings and meetings of other City bodies, and represent the City in meetings of
other government and private entities, as assigned.
As assigned help the City Attorney provide legal advice regarding and prepare and issue statements to
members of news media and others concerning City activities, operations and issues.
Prepare and/or review and make recommendations on ordinances, resolutions, rules, policies, pleadings,
agreements and other legal documents, as assigned.
Review and make recommendations on agendas and agenda items of the City-Council and other City
bodies.regarding..accomplishment of City objectives and compliance with applicable legal and regulatory
requirements, as assigned.
Prepare and/or review and make recommendations on City agreements and assist in agreement
negotiations on behalf of the City and provide and maintain agreement tools as appropriate to assist the
City Attorney in supervising the drawing of all City contracts, as assigned.
Advise and represent the City in labor and employment related matters including labor negotiations,
disciplinary proceedings, and grievances,as assigned.
Represent the,City in lawsuits and.administrative hearings and appear before courts and administrative
and other bodies to represent tthe City's'ihterests, as assigned.
Enforce city Charter and Municipal Code violations through prosecution of civil, criminal and
administrativecases,-seekabatementof'public nuisances, recover the cost of City litigation and damage to
City property; assist in acquiring"and condemning property for public purposes, as assigned.
Review and provide legal analysis and advice regarding defense and resolution of claims and lawsuits
against the City, as assigned.
Review and provide recommendations on bond and financing papers, insurance policies and other
documents affecting the City,,including recommendations upon the validity and sufficiency of such
documents, as assigned.
Perform legal research and preparation of analysis, opinions, pleadings, correspondence and other legal
documents, as.assigned.
Help the City Attorney coordinate legal activities with other City departments and divisions, and with
outside agencies and private parties,as assigned.
In case of emergency serve as Emergency Operations Center staff on a relief basis for the City Attorney
as assigned and participate in and support emergency operations planning and training activity as
assigned.
Provide legal training to City legislative body members and staff, as assigned.
Track, analyze and make recommendations on new legislative and case law developments affecting City
programs, policies,objectives and interests, as assigned.
Respond to citizen complaints and requests for information, as assigned.
Help the City Attorney prepare and,administer the City Attorney Department budget.
Represent the City at community events and at professional gatherings, as assigned.
Help the City Attorney select,supervise, train and evaluate assigned staff.
Serve as the City Attorney on a relief basis, as assigned.
Skills/Abilities:
Assist in the planning, organization, and coordination of the City's legal services.
Interpret, apply and follow legal principles and procedures.
Apply legal knowledge and principles before courts and other bodies.
Present statements of law, fact and arguments clearly and logically.
Communicate clearly and concisely,:both orally and in writing.
Conduct research on complex legal problems and prepare sound legal opinions.
Properly interpret and make,recommendations in accordance with laws, regulations, and policies.
Analyze and prepare a wide variety of complex legal documents.
Exercise sound, independent judgment consistent with City Attorney direction and general policy
guidelines.
Establish and maintain effective working relationships with those contacted in the course of the work.
Physical Demands:and Work Environment:
Employee is regularly required to sit at desk and in meetings for long periods of time talk or hear, in
person, in meetings and by telephone; use hands and fingers to handle, feel or operate.standard office
equipment; mid reach.With hands and arms. Intermittently, twist to reach equipment surrounding desk;
walk to observe.department activities;bend and squat to perform file searches; perform simple grasping
and fine manipulation; use telephone and write or use a keyboard to communicate through written means;
operate an automobile to attend.meetings. While perforniing'duties, the employee is regularly required to
use written and oral communication,skills; analyze legal principles; observe:performance-and evaluate
staff; explain and interpret legal requirements, policies and;procedures; interact with_the City Council,
City management and the public.
QUALIFICATIONS
Knowledge of:
Organization, duties; powers, limitations and authority of City government and a City Attorney.
10
Legal.principles and practices„including civil, criminal, constitutional and administrative law and
procedure.
Statutes, ordinances and regulations affecting City operations.
Laws and,practices related to redevelopment and community development.,
Court decisions relating to municipal corporations.
Judicial procedure and rules of evidence.
Methods of legal research.
Established precedents and sources of legal reference applicable td municipal activities.
Education and Experience:
Any combination equivalentto the education and experience likely to provide the required knowledge and
abilities would be qualifying. Atypical wary to gain such.knowledge and abilities would be:
Education: Equivalent to;a Juris Doctor degree from an accredited law school.
Experience: Three years ofexperience performing duties comparable to those of an assistant city
attorney in the office of a cityattoñieY, county counsel, special district counsel, or private law firm
providing legal services to local government clients:
Certifications/Licenses:
Membership in the State Bar.of California and admittance to.practice:before all State and Northern
Federal Districts Courts in California is required.
Possession of a valid California Class-C driver's license.
Special Note:
This classification is exempt from civil service as specified in the°City Municipal Code and serves at the
will of the City Manager on the recommendation and advice of the City Attorney.
Established:
Resolution #:
Department: City Attorney
FLSA Status: Exempt
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