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CITY OF SAN BERNARDINO - REQUEST FOR cou~~1~1~91lt
From: JOHN F. WILSON
Sf. Assistant City Attorney
Subject:
Establishment of Position of Administrative
Analyst I in the City Attorney's Office to
Administer the Administrative Civil Penalties
Program.
Dept: CITY ATTORNEY
Date: September 10,2008
MICC Meeting Date: September 15, 2008
Synopsis of Previous Council action:
September 9, 2008 - Personnel Committee unanimously moved this item forward with a recommendation for
approval.
April 21 ,2008
Chapter 9.93 Administrative Civil Penalties Ordinance, adopted and added to the Municipal
Code
Recommended Motion:
I. Establish the position of Administrative Analyst I, Range 4450, $4,1 88-$5,09I/Month, in the City
Attorney's Office.
2. Direct the Human Resources Department to update Resolution 97-244, to reflect this action.
3. Authorize the Director of Finance to amend the City Attorney's Office FY 2008-09 adopted budget
by transferring $56,690.00 from 00 1-092-5XXX general government unreservedlundesignated fund
balance to 001-051-5XXX (Salaries/Perm/Fu -Time).
Signature
Contact person: John F. Wilson
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount:
Phone: 5355
Ward:
Source: (Acc!. No.) 001-092-5XXX
Finance:
Council Notes:
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Agenda Item No.---3J
q-IS-08
STAFF REPORT
Council Meeting Date:
SeDtember 15. 2008
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council frJ-. ,
John F. Wilson, Senior Assistant City Attorney r ~
September 10, 2008
Request to Establish Position of Administrative Analyst I in the City
Attorney's Office to Process Notice and Orders for Administrative Civil
Penalties
We are requesting that an additional position of Administrative Analyst I be assigned to the
City Attorney's Office.
On April 21, 2008, the Mayor and Common Council adopted the ordinance establishing
Chapter 9.93 in the Municipal Code, Administrative Civil Penalties. This ordinance permits the
issuance of Administrative Civil Penalties Notices and Orders (ACPs) by city officials designated
in Chapter 9.90 of the San Bernardino Municipal Code. It authorizes city enforcement officers,
including, among others: Police Officers, Fire Inspectors, Code Enforcement Officers, Building
Inspectors, and City Attorney Investigators to issue said Notices and Orders.
Working closely with City Manager Fred Wilson, we determined to use the ACPs carefully
as the high amount of the maximum fine, $1,000.00 per violation per day, could have tremendous
impacts not only in cleaning up the city, but also in negatively impacting the survival of businesses
and certain families in our community.
Legal considerations dictate that the processing of the ACPs be administered by the City
Attorney's office. We purposely kept the ACPs issued to a low number in the beginning so that we
could learn as we processed them; do site revisits to verify corrections, and go through at least one
full hearing with the Administrative Hearing Officer.
The ACPs have been very successful in other cities, such as Riverside, where the city
attorney who initiated and oversees the program in that city credits it with the clean-up of their
downtown area.
The ACP process is very labor intensive. Senior Deputy City Attorney Jolena Grider informs
me that most of her time is now occupied with supervising the ACPs ,at least 60% of her legal
secretary's work-load is devoted to the ACPs and two additional clerical personnel are heavily
involved with the process.
The first ACPs were issued in July of 2008. The first hearings before the hearing officer
were held on August 13, 2008, at which time 65 ACP cases were on the agenda.
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The public relations campaign of warning residents in the area where the issuance of ACPs
on the 4th of July would be concentrated resulted in a demonstrable decrease in the number of
fireworks calls on Independence Day as compared to previous years, according to the Police and Fire
departments. (Nonetheless, there was still enough fireworks activity for everyone assigned to work
overtime on the 4th of July.)
On August 13, the hearing officer imposed the full $1,000 penalty on some ofthe Notice and
Orders and reduced others. Our hearing officer is the same one used by the City of Riverside and
the opportunity to evaluate his decisions has given us guidance in how future ACPs will be processed
by our office and adjusted by the Administrative Hearing Officer.
Also, on August 13 the hearing officer continued four cases to September 18 and assessed
a total of$57,650.00 in penalties. Ofthe 65 cases heard, seven were continuing violations and those
seven were assessed at $100 per day per case. This resulted in an additional $15,400 being imposed
for a total, to date, of $73,050.00 in assessed fines.
Once the hearing orders are sent out (and we are already backed-up on getting them out) the
violator has fifteen days to pay. Penalties not paid within the 21 days allowed are subject to being
applied as liens on the related properties and as wage garnishments. Since July 16, 2008, we have
collected $5,895.00. We will be pursuing the liens and garnishments once the Administrative
Analyst I position is filled, if it is approved.
Ms. Grider has already trained a number of Police and Fire personnel in the issuance of
ACPs. Beginning next week she will be training certain code enforcement officers, additional Fire
personnel and the remainder of the police patrol officers in the use ofthe ACPs, especially for stops
on vehicles with boom boxes, and on loud parties and other noise coming from buildings after the
10:00 p.m. exclusion time provided by the San Bernardino Municipal Code.
It is expected that by the first week in October, city enforcement personnel will be issuing
in excess of 50 to 65 such Notices and Orders per week.
Based on conversations with City Manager Fred Wilson and Assistant City Manager Lori
Sassoon, we have learned that due to the complaints by the public regarding the present condition
of code enforcement in the city, there is an urgency to increase the processing of these notices and
orders.
This is why we seek to establish the additional position of Administrative Analyst I in the
City Attorney's office at this time.
The person filling this position will administratively process the one warning per location,
the Notices and Orders, the scheduling of hearings, the placing of liens and the collection of the
penalties. In addition to attending each hearing before the Administrative Hearing Officer, this
person, under the supervision ofa Senior Deputy City Attorney, will file, serve, argue, and otherwise
prosecute actions in small claims court to obtain wage garnishments for collection of penalties not
yet paid, establish payment agreements, and process the collections of those payments as well as
other penalties paid directly.
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City Attorney Investigators, in addition to issuing Notices and Orders, will testify at hearings,
deliver warnings, make follow-up site inspections, serve summons for small claims court
appearances, track locations of recipients of Notices and Orders, verify employment for impositions
of wage garnishments and such other investigatory work as needed.
The City Attorney's Office will continue to assign one Senior Deputy City Attorney, one
backup Deputy City Attorney, two backup legal secretaries and Investigators in addition to the
Administrative Analyst I, plus supervisorial staff, for these employees to administer the ACP
process. It is apparent to us that these ACP s will require that much staffing, and possibly more.
It is the intention of the City Manager that these Notices and Orders be utilized to clean up
the City of San Bernardino, eliminate nuisances and enforce the municipal code. This will be a
major cooperative effort on the part of several city departments.
The position of Administrative Analyst I, job description attached, will be an unclassified
position with a current salary range of $4,188 to $5,091 per month. It is our intention to hire an
experienced person with a minimum education level including graduation from a four-year college
or university and a minimum of one year of professional experience performing administrative
operations, budgetary and similar analysis per the requirements as listed on the current job
description.
We anticipate that this position will need to be filled on or before October 1,2008 if we are
to successfully process the increased numbers of Notices and Orders anticipated to be issued by that
date.
On September 9,2008, the Personnel Committee reviewed this item and voted unanimously
to forward this item to the Mayor and Common Council, with a recommendation for approval.
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Class Code: 10508
MICC Date Adopted:
City of San Bernardino
Signature:
Director, Human Resources
Bargaining Unit:
CLASS SPECIFICATION
Administrative Analyst I (Flex)
EEOC Job Category: Professionals
JOB SUMMARY
Under general supervision, performs assigned administrative, financial, budgetary, statistical, program
and other analyses in support of City and departmental activities, functions and programs; and performs
related duties as assigned.
DISTINGUISHING CHARACTERISTICS
Administrative Analyst Is perform professional analytical and management support work assignments
ranging from routine to moderately difficult or assist others in performing more difficult analytical work
in support of department functions, programs, goals and objectives. As experience is gained, more
difficult duties are assigned and performed with greater independence. Incumbents are expected to
exercise judgment in applying indicated study methods and analytical techniques and in making sound,
fact-based recommendations based on study results.
Administrative Analyst I is distinguished from Administrative Analyst II in that incumbents in the latter
class perform more difficult analytical and program assignments involving gathering and interpretation of
data from multiple sources on issues of significant impact and importance, while exercising sound
judgment in formulating study approach and analytical techniques necessary to achieve expected results.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may be
performed. The omission of specific statements of duties does not exclude them from the position if the
work is similar, related or a logical assignment to this class.
I. Plans, organizes and conducts administrative, management, financial and program analyses in
accordance with established procedures and practices and guidance regarding approach and expected
results; uses appropriate analytical techniques and statistical and information-gathering processes to
obtain required information, data and documentation and identify problems; performs analyses,
summarizes findings and makes recommendations; prepares reports and supporting materials; assists
in implementing plans, policies and procedures.
2. Performs analytical and administrative assignments in connection with preparation and management
of department or division budgets and/or grant-funded programs; prepares standard revenue and
expenditure analyses, staffing analyses and budget status and monitoring reports.
Administrative Analyst I
Page 1
3. With direction, conducts research, analyzes data and drafts policy and procedure documents to
address identified needs and issues; drafts associated communications materials for review; prepares
staff reports and exhibits for City Council in accordance with established procedures.
4. Drafts for supervisory review a wide variety of materials on assigned issues, including reports,
procedures, manuals, communications memoranda, proposed Code or ordinance changes and other
materials; collects background information, input and feedback and prepares recommendations and a
variety of other supporting materials.
5. Compiles materials, researches problems and complaints and responds to requests for information;
provides information to customers on pending projects and requests.
6. Develops data collection tools, including surveys and questionnaires; analyzes program and
operational data and develops recommendations to improve productivity and effectiveness; responds
to requests for information from the public.
7. Performs a variety of department-specific program activities to accomplish work goals and objectives,
including: administering the Mills Act Historical Preservation Program; assisting in administering the
City's rideshare program; coordinating the recordation of track and parcel maps; coordinating the
release of construction bonds for public works projects; and other assignments of similar scope and
difficulty.
8. May represent the department or office in meetings of various committees and organizations.
QUALlFICA liONS
Knowledge of:
1. Principles, practices and methods of administrative, organizational, financial and procedural
analysis.
2. Basic principals and practices of public administration, including purchasing, contracting and
maintenance of public records.
3. Principles, practices and methods of municipal budget development and management.
4. Basic principles, tools and techniques ofproject planning and management.
5. Federal, state and local laws, regulations and court decisions applicable to assigned areas of
responsibility.
Administrative Analyst I
Page 2
6. Research methods and analysis techniques.
7. Principles and practices of sound business communication.
8. Record keeping practices and procedures applicable to areas of assigned responsibility.
Ability to:
1. Analyze administrative, budgetary, operational, procedural, organizational and/or financial
problems, evaluate alternatives and reach sound, logical, fact-based conclusions and
recommendations.
2. Collect, evaluate and interpret data, either in statistical or narrative form.
3. Analyze, interpret, explain and apply relevant laws, regulations, ordinances and policies.
4. Prepare clear, concise and comprehensive reports, correspondence and other documents
appropriate to the audience.
5. Communicate effectively, orally and in writing; present conclusions and recommendations clearly
and logically.
6. Maintain files, records and documentation.
7. Exercise independent judgment and initiative within established guidelines.
8. Establish and maintain effective working relationships with department managers and staff, staff
of other departments, representatives of other governmental agencies, consultants, property
owners, the public and others encountered in the course of work.
Education, Training and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above is graduation from a
four-year college or university with major coursework in finance, public or business administration or
a closely related field; and at least one year of professional experience performing administrative,
operations, budgetary and similar analyses; or an equivalent combination of training and
experience. Experience in a governmental agency is preferred.
Licenses; Certificates; Special Requirements:
A valid California driver's license and the ability to maintain insurability under the City's vehicle
insurance policy.
Administrative Analyst I
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PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this class. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, employees are regularly required to sit; talk or hear, both in
person and by telephone; use hands to finger, handle and feel computers and standard business
equipment; and reach with hands and anns. The employee is frequently required to stand and walk.
Specific vision abilities required by this job include close vision and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this class. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
Employees work under typical office conditions and the noise level is usually quiet.
Administrative Analyst I
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