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CITY ATTORNEY
REPRESENT THE CITY IN
COURT ACTIONS
()
~
~
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z
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PROSECUTE VIOLATIONS OF
MUNICIPAL CODE AND CERTAIN
STATE LAWS
.
ADVISE MAYOR, COMMON
COUNCIL, DEPARTMENT HEADS,
BOARDS & COMMISSIONS AND
ALL OTHER CITY STAFF
CITY ATTORNEY
City Attorney
James Penman
Executive
"- Secretary
Municipal Law Operations and Litigation & Prosecution
Support Division
(3) Employees (6) Employees *(8) Employees
r-------- ---------,
1(3) Part-time!
1 Investigators 1
L__________________~
· One (I) full-time investigator position
filled by two (2) half-time investigators
CITY ATTORNEY
ABOUT THE DEPARTMENT
ENERAL
The City Attorney is an elected position established by the City Charter. The City Attorney is
the chief legal advisor for the City, and for all Departments, Boards, and Commissions of the
City. The City Attorney's Office provides legal counsel and representation for the City,
prosecutes and defends legal actions, and protects the interests of the public. The City Attorney,
with a staff of 24, including 9 attorneys, secretaries and investigators, provides the following
important and valuable legal services:
· Defends the City in civil actions brought against the City, its officials, employees, and its
departments; prosecutes violations of the City's Municipal Code and certain state laws; and,
pursues actions to recover costs from third parties for damages and liability to the City.
. Negotiates reviews, edits, and drafts contracts and other transactional documents and
agreements for the City.
· Serves as general legal counsel and representative; researches, prepares ordinances,
resolutions, and legal opinions on a wide variety of issues, and advises City employees
regarding liability issues.
EXPENDITURES BY CATEGORY
2005-06 2006-07
ACTUAL ACTUAL
2,078,138 2,215,514
327,851 309,220
605,067 564,765
17,858 21,303
o 1,927
o 0
3,028,913 3,] ] 2,729
CATEGORY
PERSONNEL
MAINTENANCE & OPERATION
CONTRACTUAL SERVICES
INTERNAL SERVICE
CAPITAL OUTLAY
DEBT SERVICE
TOTAL
59
2007-08
PROJECTED
2,515,573
313,897
638,604
22,472
125
o
3,490,670
2008-09
ADOPTED
2,580,400
234,500
222,000
15,400
2,700
o
3,055,000
CITY ATTORNEY
'!
2007-08 KEY ACCOMPLISHMENTS
./ The City Attorney's Office has continued to aggressively defend our City in lawsuits in which
we are named as a defendant. In 2007, 41 lawsuits were concluded which resulted in a net
liability savings to the City of just over $2,711,973 and in additional settlements paid to the City
of just over $638,123.
./ The City Attorney's Office has continued to aggressively enforce 7 eXlstmg permanent
injunctions against gangs in the City; adding 36 new individual gang members to the list and
subjecting these gang members to the restrictions imposed by the Court prohibiting specified
gang activity.
./ The City Attorney's Office also filed a Red Light Abatement Action that closed the Flesh Club
for 8 months and a Narcotics Abatement Action which closed down a drug house for 1 year.
./ The City attorney's Office coordinated multiple department (Police, Fire, Code Enforcement)
actions against persons violating the City's ordinances, rules and regulations. As a result of the
closing of substandard and dangerous housing, 52 families, consisting of 93 adults and 115
children, were assisted by the City in moving to residences that were clean, safe, and in
compliance with City Building and Fire Codes.
./ This fiscal year the office prosecuted 11,296 misdemeanor/inti-action cases in Court.
2008-09 KEY GOALS
>- Past litigation against the City has demonstrated that the establishment of goals by this office
raises liability issues potentially costly to the City. Therefore, no goals are stated.
DID YOU KNOW?
y The functions of the City Attorney's Office are to defend the City in court actions, including tort
lawsuits, to commence litigation as approved by the City Attorney and directed by the Mayor
and Common Councilor pursuant to law, and to prosecute ordinance violations and violations
of certain state laws pursuant to the City Attorney's independent prosecutorial authority. It is
also the function of the City Attorney's Office to issue legal opinions and provide legal advice
to the Mayor and Common Council, City Manager's Office, department heads and other city
employees, and to numerous boards and commissions; to provide advice concerning existing
and newly enacted laws, rules, regulations, and court decisions; prepare or review resolutions,
ordinances, leases and complex agreements; and, to attend and provide legal counsel at various
meetings with the Mayor, Council, Planning Commission, Ways and Means Committee,
Legislative Review Committee and other decision-making and advisory bodies of the City.
60
FUND 001 GENERAL FUND
ACCOUNT OBJECT & TITLE
EXPENDITURE BUDGET LINE ITEM DBTAIL
FISCAL YEAR 2008~2009
5011 SALARIES PERM/FULLTIME
5013 AUTOMOBILE ALLOWANCE
5014 SALARIES TEMP/PARTTIME
5015 OVERTIME
5026 PERS RETIREMENT
5027 HEALTH & LIFE INSURANCE
5028 UNEMPLOYMENT INSURANCE
5029 MEDICARE
TOTAL PBRSONNEL SERVICES
5111 MATERIALS & SUPPLIES
5112 SMALL TOOLS & EQUI PMENT
5121 ADVERTISING
5122 DUES & SUBSCRIPTIONS
5123 LIBRARY BOOKS
5131 MILEAGE
5132 MEETINGS & CONFERENCES
5133 EDUCATION & TRAINING
5171 RENTALS
5172 EQUIPMENT MAINTENANCE
5174 PRINTING CHARGES
5175 POSTAGE
5176 COPY MACHINE CHARGES
5177 LITIGATION EXPENSES
5183 MANAGEMENT ALLOWANCE
TOTAL MAINTENANCE & OPERATION
5502 PROFESSIONAL/CONTRACTUAL SVCS
5503 LITIGATION-OUTSIDE ATTORNEYS
5505 OTHER PROFESSIONAL SERVICES
TOTAL CONTRACTUAL SERVICES
5601 GARAGE CHARGES
5604 M.I.S. CHARGES - IN-HOUSE
5605 TELEPHONE SUPPORT
5610 COMMUNICATION SHOP
5612 FLEET CHGS - FUEL
TOTAL INTERNAL SERVICE CHARGES
5702 COMPUTER EQUIPMENT
5704 MISCELLANEOUS EQUIPMENT
TOTAL CAPITAL OUTLAY
TOTAL
DIVISION 051 CITY ATTORNEY
ACTUAL 2005-06
1,582,081
3,600
75,200
71
207,191
181,681
4,153
24,161
2,078,138
13,703
o
o
10,218
79,593
293
3,424
6,091
1,679
4,360
2,921
6,914
3,973
194,662
19
327,851
33,882
571,185
o
605,067
B17
1,900
8,185
4,500
2,456
17,858
3,028,913
61
ACTUAL 2006-07 PROJECTED 2007-08 ADOPTED 2008-09
o
o
o
1,674,915
4,500
76,176
345
243,357
IB6,290
4,390
25,540
2,215,514
12,345
o
6,511
11,356
73,553
95
4,463
10,B37
5,530
4,353
8,061
5,159
4,336
162,586
35
309,220
8,603
556,163
o
564,765
2,535
2,700
6,961
5,200
1,667
21,303
o
1,927
1,927
3,112,729
1,641,045
5,700
96,056
1,997
343,012
194,597
4,862
28,305
2,515,573
11,779
o
o
11,397
66,765
o
6,691
7,994
4,910
3,679
6,956
4,598
6,881
158,157
90
313,897
910
637,554
140
638,604
BB3
2,500
6,342
9,700
3,047
22.472
3.490,670
125
o
125
1,865,000
6,000
76,000
3,000
377,000
218,200
4,900
28,300
2,580,400
16,000
1,100
4,400
14,000
75,000
300
6,000
7,400
5,000
9,000
6,600
7,000
6,500
75,600
600
234,500
6,000
215,000
1,000
222,000
400
1,400
4,400
6,900
2,300
15,400
200
2,500
2,700
3,055,000
BUDGET - JUSTIFICATION
051 CITY ATTORNEY
001 GENERAL FUND
OBJ JUSTIFICATION
5111 PURCHASE OF I\flSCELLANEOUS OFfiCE SUPPLIES AND SPECIAL OFFICE SUPPLIES RELATING TO INVESTIGATOR'S NEEDS,
SUCII AS CASSETfE TAPES FOR INTERVIEWS, FILM, FILM PROCESSlNGIDEVELOPMENT, ETC.
5112 PURCHASE OF OFFICE FURNITURE, CALCULATORS, ETe. COSTING LESS THAN $50CUM).
5121 ADS IN SUN. PRESS ENTERPRISE ETC. AND L.A. DAILY JOURNAL ETC. FOR FULL-TIJ\.fE ATIORNEYS. SECRETARIES.
PARALEGAlS AND INVESTIGATORS, AS NEEDED.
5122 OURS: STATE BAR OF CALIFORNIA ($5,450); AI\IERICAN BAR ASSOCIATION ($525); SAN BERNARDINO COUNTY BAR
ASSOCIATION ($1,600) RIVERSIDE COUNTY BAR ASSOCIATION ($200) DISTRICT AITORNEY'S ASSN. ($650); IMLA
($2.200); SUBSCRIPTIONS: SUN ($200); LA DAILY JOURNAL ($650) GIEMLA <$75); RIVERSIDE PRESS ENTERPRISE
(5250); MISCELLANEOUS ($1,580); ASSOC. OF TRIAL LA WYERS OF AMERICA ($500); FEDERAI.IST SOCIETY ($120).
5123 ON.L1NE LEGAL RESEARCH, UPDATING OF LAW PUBLICATIONS, AS WELL AS OTHER PUBLICATIONS TO KEEP ABREAST OF
CURRENT TRENDS IN THE LAW AND LEGAL ISSrn:S AFFECTING MUNICIPALITIES. IN ADDITION TO THE UPDATING ETC.,
WE HAVE APPROXII\IATELY $5,300 IN FIXED COSTS OF SUPPLEMENTS TO THE SETS OF BOOKS CURRENTLY IN OUR LIBRARY
5131 REIMBURSEMENTS FOR STAFF'S USE OF PRIVATE VEHICLES FOR TRAVEL TO SEMINARS, MEETINGS AND OTHER
WORK-RELATED TRAVEL.
5132 LEAGUE OF CAI.IFORNIA CITIES ANNUAL MEETING (WILL BE ATIENDED BY AT LEAST 1 ATTORNEY); LEAGUE OF
CALIFORNIA CITIF..5 SPRING MEETING (WILL BE ATTENDED BY AT LEAST 1 ATTORNEY); II\.ILA MID-YEAR MEETING (WILL
BE ATTENDED BY AT LEAST 1 ATTORNEY); II\fLA ANNUAL I\.IEETlNG (WILL BE ATTENDED BY I ATTORNEY). CITY ATTORNEY
\\'"II"L ATTEND LEAGUE OF CA CITIES COMMITTEE MEETINGS AND LEGISLATIVE HEARINGS AND MEETINGS. ATTENDANCE BY
ATTORNEYS AND TRAVEL TO THESE l\IEETlNGS AND CONFERENCES TO KEEP TIIEIR STATE BAR LICENSE CURRENT; THESE
MRETlNGS AND CONFERENCES WILL ENABLE THE ATTORNEYS TO STAY ABREAST OF THE CHANGING LAWS AND COURT
DECISIONS AND DEVELOPING LEGAL ISSUES IN THEIR RESPECTIVE AREAS.
5133 ATTENDANCE BY ATTORNEYS AND TRAVEL TO VARIOUS MEETINGS AND SEMINARS, AS REQUIRED BY l.AW TO KEEP THEIR
STATE BAR LICENSE CURRENT, AND TO STAY ABREAST OF THE CHANGING LAWS AND COURT DECISIONS AND DEVELOPING
LEGAL ISSUES IN THEIR RESPECTIVE AREAS.
5171 EXPENSE FOR THE RENTAL OF I>:QUlPMENT, SUPPLIES. STORAGE UNIT FOR TIlE STORAGE OF CONFIDENTIAL MATERIAL
ETC.
5172 !\IAINTENANCE (lABOR CALLS) FOR PCS AND PRINTERS, MAINTENANCE CONTRACT (<'OR CO:\IPlITER SYSTEM, COPIER REPAIR
OF TYPEWRITERS AND TRANSCRIBERS ETC.
5174 PRINTING OF FOAAtS, LETTERHEADS, MUNICIPAL CODE UPDATES, MISCELLANEOUS LEGAL FORMS, ETC,
5175 INCREASE IN CODE ENFORCEMENT CASES THAT REQUIRE CERTIFlED LETTERS, MAILING OF LEGAL OOCUl\fENTS AND
ROUTINE BUSINESS CORRESPONDENCE, FEDERAL EXPRESS CHARGES FOR OVERNIGHT MAIL, I\.'IAILING OF LARGE PACKAGES
AND BOXES OF MATERIALS ON LITIGATION
5176 COPIES OF CORRF..5PONDENCE, I.ITIGATION DOCUMENTS, ORDINANCES, RESOLlITlONS, AGREEMENTS, LEASES, AND
MISCELLANEOUS.
5177 COSTS FOR EXPERT WITNESS FEES, INVF.sTIGATION FEES. COURT REPORTER FEES FOR DEPOSITIONS, FILING FEES,
MH.EAGE TO DEPOSITIONS, COURT APPEARANCES AND MISCELLANEOUS EXPENSES.
62
BUDGET - JUSTIFICATION
051 CITY ATTORNEY
001 GENERAL FUND
OBJ JUSTIFICATION
5183 REIf\.tBURSEMF.NT FOR BUSINF,SS EXPENSF..5 INCURRED BY THE CITY ATTORNEY.
5502 FOR PROFESS'ONAUCONTRACTUAL SERVICES.
5503 COST OF ATIORNEYS FF.ES CHARGED BY OUTSIDE ATTORNEYS.
5505 MISCELLANEOUS CONTRACTS AND SERVICES THAT DO NOT FALL WITHIN TilE DEFINITIONS OF THE OTHER CATEGORIES
UNDF.R CONTRACTS AND SERVICES.
5601 CHARGES FROM CITY'S FLEET DIVISION (INCLUDING STAFF TIJ\.IE AND OVERHEAD) RELATED TIlE J\.-IAINTENANCE AND
OPERATION OF MOTOR VEHICLES ASSIGNED TO THIS DEPARTMENT. (CHARGE-BACKS BASED ON ACTUAL COSTS INCURRED.)
5604 THE PORTION OF THE CITY'S TOTAL INFORMATION TECHNOLOGY SERVICES COSTS (INCLUDING STAFF TIME) RELATED TO
TillS DEPARTMENT. CHARGES ARF. BASED ON TYPE OF EQUIPMNT. SOfTWARE AND SUPPORT UfIUZED BY DEPARTMENT.
5605 CHARGF..s FROM THE CITY'S TELECOMMUNICATIONS DIVISION (INCLUDING STAFF TIME AND OVERHEAD) RELATED TO THIS
DIVISION'S TELECOMMUNICATIONS COSTS (CHARGE-BACKS BASED ON ACTUAL COSTS INCURRED).
5610 TIlE PORTION OF THE CITY'S OVERALL RADIO COMl\.tUNICATIONS COSTS (INCLUDING OVERHEAD AND STAFF TIME) RELATED
TO TIllS DEPARTMENT'S OPERATIONS.
5612 CHARGES FROM THE CITY'S FLEET DIVISION (INCLUDING STAFF TIME AND OVERHEAD) FOR FUEL COSTS RELATED TO
MOTOR VEHICLES IN TIllS DIVISION (CHARGE. BACKS BASED ON ACTUAL COSTS INCURRED).
5702 ADDITIONAL COMPUTER EQUIPMENT TO SUPPLEMENT CURRENT COMPUTER SYSTEM.
5704 J\.USCEUANEOUS EQUIPMENT
63