HomeMy WebLinkAboutResolution 2013-158 N.C.S. 12/2/2013 Resolution No. 2013-158 N.C.S.
of the City of Petaluma, California
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.
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~ -Rer
..ClasslleationkTltle PaySRangePer-Months , °
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.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approv as to
Council of the City of Petaluma at a Regular meeting on the 2"d day of December, ,s f r •
2013.by the following vote:
City Att6 rky
AYES: vice Mayor Albertson;Barrett,Mayor Glass,Harris, Kearney, Miller
NOES: None
ABSENT: Healy
ABSTAIN: None
ATTEST: �\a e95t'tA
City Clerk Mayor
Resolution No. 2013-158 N.C.S. Page I
EXHIBIT A
w City of Petaluma
R EdSF,�V�.�� CLASS SPECIFICATION
Date: 12/02/2013
Ig58
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 Characteristics
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
extremely sensitive 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
direction of the City Council and the 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 be made to enable individuals with a disability to perform the essential
duties, skills, and demands.
Duties.
The City Attorney is 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 time:
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 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.
Resolution No. 2013-158 N.C.S. Page 2
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.
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 the City, 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 appear before 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 needed and participate
in and support emergency operations planning and training activity as appropriate.
Provide legal training to City legislative body members and staff.
Track, analyze and make recommendations on new legislative and case law developments
affecting City programs, policies, objectives and interests.
Respond to citizen complaints and requests for information.
Resolution No.2013-158 N.C.S. Page 3
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 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 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 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; 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
regularly required to use written and 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.
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.
Resolution No. 2013-158 N.C.S. Page 4
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: 12/02/2013
Resolution #: 201.3-158 N.C.S.
Department: City Attorney
FLSA Status: Exempt
Resolution No. 2013-158 N.C.S. Page 5
EXHIBIT B
Re'I'U1?
a y
C V City of Petaluma
.k .-n- CLASS SPECIFICATION
Date: 12/02/2013
785$
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 governmental 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 journey-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 Attorney assists in the performance of any and all
of the responsibilities of the 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 successfully perform the 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 of representative 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 assigned represent the City Attorney on the City's executive team lead by
the City Manager and consisting of the Assistant City Manager, all department directors and
assigned City managers.
Resolution No. 2013-158 N.C.S. Page 6
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 strategies to 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 the City's interests, as assigned.
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, 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,
Resolution No.2013-158 N.C.S. Page 7
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; and 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 performing 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.
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.
Resolution No.2013-158 N.C.S. Page 8
Court decisions relating to municipal corporations.
Judicial procedure and rules of evidence.
Methods of legal research.
Established precedents and sources of legal reference 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: Three years of experience performing duties comparable to those of an assistant
city 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 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: 12/02/2013
Resolution #: 2013-158 N.C.S.
Department: City Attorney
FLSA Status: Exempt
Resolution No. 2013-158 N.C.S. Page 9