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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Authorization for City Attorney
InvestigatorlSpecial Projects (Part-time) to assist Code
Enforcement Officers in their enforcement duties under
the San Bernardino Municipal Code up to an average of
two (2) additional days per week (18 hours) for the
period January 20, 2004 through June 30, 2004, with no
benefits, at $32 per hour.
Dept: CITY ATTORNEY
Date: January 14,2004
ORIGINAL
Synopsis of Previous Council Action:
5105/03 - Authorized the City Attorney to hire a part-time city attorney investigator for the period
May 6, 2003 through June 30, 2003, with no benefits, at $32 per hour, for the purpose of enforcing the City
of San Bernardino's Municipal Code relating to transient vendors; authorized the Director of Finance to
effect a budget amendment transferring $4,200 in savings from Account No. 00]-073-5502 (Code
Compliance Professional Services - CDBG)to AccountNo. 00]-051-50]4(City Attorney's Office - Part-time
Hiring); authorized the establishment of one (]) position of City Attorney InvestigatorlSpecial Projects (Part-
time), Range PT, $32.00Ihour and directed the Human Resources Department to update Resolution 6413,
Section ]3, to reflect this action.
8/04/03 - Approved the reappointment of City Attorney Investigator/Special Projects (Part-time)
effective Ju]y ],2003 through August 31, 2003.
9/15/03 - Approved the reappointment of City Attorney Investigator/Special Projects (Part-time)
effective September I, 2003 through December 3], 2003.
12/15/03 - Approved the reappointment of City Attorney Investigator/Special Projects (Part-time)
effective January 3, 2004 through June 30, 2004.
Recommended motion:
MOTION 1: That the Mayor and Common Council authorize the City Attorney to allow the City
Attorney InvestigatorlSpecial Projects (Part-time) to assist Code Enforcement Officers in
their enforcement duties under the San Bernardino Municipal Code up to an average of two
(2) additional days per week (]8 hours) for the period January 20, 2004 through June 30,
2004, with no benefits, at $32 per hour.
MOTION 2: That the Mayor and Common Council authorize the Director of Finance to effect a budget
amendment transferring $13,248 in savings from Account No. 00]-073-5505 (Code
Compliance Other Professional Services-CDBG) to Account No. 00]-05]-5014 (City
Attorney's Office - Part-time hiring).
7.
Contact person: James F. Penman
Supporting data attached: Staff Reoort
FUNDING REQUIREMENTS: Amount: $13.248
Source: 001-073-5505 (Code Comoliance Other Professional Services-CDBG)
5255
All
Finance:
Council Notes:
Agenda Item No. ] 0
.
.
STAFF REPORT
Council Meeting Date: Januarv 20. 2004
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
January 14,2004
Authorization for City Attorney Investigator/Special Projects
(Part-time) to assist Code Enforcement Officers in their
enforcement duties under the San Bernardino Municipal Code
up to an average of two (2) additional days per week (18 hours)
for the period January 20, 2004 through June 30, 2004, with no
benefits, at $32 per hour (Agenda Item #10).
In response to the request of the Director of Code Compliance, it is proposed that the City
Attorney be authorized to allow the City Attorney Investigator/Special Projects (Part-time) to assist
Code Enforcement Officers in their enforcement duties under the San Bernardino Municipal Code
up to an average of two (2) additional days per week (18 hours) for the period January 20, 2004
through June 30, 2004, with no benefits, at $32 per hour.
The City Attorney's office has been advised by the Director of Code Compliance that
sufficient funds exist due to savings in the Other Professional Services - CDBO account of Code
Compliance to assist through the remainder of the current fiscal year with the City's aggressive
enforcement of its Municipal Code.
Approving this agenda item will permit more effective enforcement efforts of the San
Bernardino Municipal Code for those violations in which back-up assistance is needed. There are
occasions when it is necessary to have a police officer or City Attorney Investigator accompany or
assist the code compliance officer in the field. City Attorney Investigators are authorized by the
Municipal Code to make arrests and issue citations. Public safety priorities have made it difficult
for police officers to be available to support code compliance officers without protracted delay in
many instances. A contract employee would not have the same authority as a City Attorney
Investigator under the Municipal Code nor the appropriate supervision.
The hourly rate of $32 is compatible with the salary range for City Attorney Investigators.
There is no cost to the city's general fund as the $13,248 needed for this time period would be
transferred to the City Attorney's Office from the savings in CDBO funds, as noted above. If
approved, this will assist Code Compliance in its City-wide enforcement efforts through June 30,
2004. (It is noted that the Police Department has been dispatching this same City Attorney
Investigator to other calls received by police dispatch when not enough police officers are available.
This situation arises frequently.)
It is requested that the two floor motions be adopted.