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OF SAN BERNARDI" ~ - REQU&,'T FOR COUNCIL AC--'ON
From: Denice Brue
Subject:
ADDITION OF SENIOR DEPUTY CITY
ATTORNEY POSITION AND REVOCATION
OF AUTHORITY FOR CONTRACT DEPUTY
CITY ATTORNEY IV POSITI~
Dept: City Attorney
Date: September 8, 1988
Synopsis of Previous Council action:
9/8/88 -- Council Personnel Committee recommended addition of Senior
Deputy City Attorney position and deletion of Contract City
Attorney IV position in City Attorney's Office.
Recommended motion:
That the
position
contract
recommendation of the Personnel Committee to add the
of Senior Deputy City Attorney and to delete the
City Attorney IV position, be approved.
Motion:
Adopt Resolutions
~~~
Signature
Contact perlon:
DENICE BRUE
Phone:
5255
N/A
Supporting data attached:
to follow
Ward:
FUNDING REQUIREMENTS:
Amount:--$75,593.00 including fringe benefits
Source:
(ACCT.
(ACCT.
NO.) L.~q .,53 S"$6>-O
DESCRIPTION)
Finance:
(1J..J
Yv>r--
Council Notel:
.-u.
lS.0262
Agenda Item No.
fi 7-.;2.. g-
CIW, I OF SAN BERNARDr :0 - REQUI )T FOR COUNCIL AC .ON
STAFF REPORT
On September 8, 1988, I was informed by Assistant City Attorney
Denice Brue that unless we have the Contract Litigation Attorney on
board within the n~xt 90 days, she will have to send a minimun
of 50 cases to outside attorneys.
Present rates for outside attorneys run from $80.00 per hour to
$260.00 per hour.
If we could farm out all 50 cases at the minimum amount of $80.00
(which we cannot do) we would multiply the average number of hours
(120) in a case that does not go to trial by the $80.00 per hour
by the 50 cases. The result is as follows:
120 hours x $80.00 per hour = $9,600.00 x 50 cases = $480,000.00.
If we assume that at least 5 of these 50 cases will go to trial
we would add an additional trial preparation and actual
trial time of another 120 hours. This results in the
following:
120 trial and trial preparation hours x 5 cases = 600
hours x $80.00 per hour = $48,000.00
Tpe total of the 50 cases, with 5 of those going to trial
is: $480,000.00 + $48,000 = $528,000.00.
The present outside attorney budget for 1988-89 is $250,000.00 or
$278,000.00 less then the minimum amount we will need if these 50
cases are farmed out.
At the present time, there are 180 cases pending with the City a De-
fendant in most of the 180 cases and a Plaintiff in a few others.
We are representing the City on 113 of those 180 cases in-house.
There are 67 cases (out of the 180) that are "farmed out" to
outside attorneys. Most of these cases were sent to outside
counsel prior to June 1, 1987.
(In addition, we have 25 prosecutions active in court as of this
date (9-15-88) and another 25 cases we are prosecuting where there
are bench warrants outstanding for the Defendants. As those De-
fendants are located and arrested, their case becomes active again).
It takes one City Attorney, experienced in litigation, to handle
75-100 cases. The hourly rate of a Deputy City Attorney IV, at
the highest step is as follows:
Base rate of $27.7096 per hour without benefits.
Total Salary rate of $34.9197 per hour with benefits.
75-0264
c:2 7-.;2-,ff'
STAFF REPORT
Page 2
Basically, we may hire one City Attorney IV at $34.9197 (total)
per hour to handle 75-100 cases or we may farm out 50 cases to
as many outside attorneys or several cases to several outside
attorneys at a total cost of $80.00 - $260.00 per hour.
Many months ago, we requested an additional City Attorney IV
position.
The City Administrator was opposed to creating a new permanent
position, and recommended a 1 year contract instead, despite the
fact that:
1) The money would come totally from money presently
budgeted for outside attorneys at no additional cost
to the City, and
2) The difficulty in finding a qualified Litigation
Attorney who would agree to take a position, even
with benefits, on any term contract, yet alone a
contract with a one (1) year duration.
The contract opening was advertised in numerous publications in-
cluding the Daily Journal (lawyers' newspaper). We had 0 applicants.
Then Deputy City Attorney Loren McQueen, who was planning to leave
shortly due to her change of residence, agreed to take the contract
position until she left.
Ms. McQueen held the position for 1 month and 15 days, completed
her relocation plans and terminated the contract.
The contract opening was again readvertised and we had 3 applicants.
Two of the 3 applicants were deemed qualified.
One of them dropped out prior to the final interview. The other
dropped out prior to council confirmation of his contract. Both
applicants cited the contract as a major factor in their decision
to withdraw their applications.
Siqnificantly, we advertised for a permanent City Attorney II posi~
tion concurrently and received 17 applications. Some of these ap-
plicants met the minimum qualifications for the City Attorney IV
contract position. When asked why they had not applied for the
higher paying contract position all of them stated the contract was
the reason.
On September 8, we presented
Council Personnel Committee.
discussed.
the above information to the City
The following three options were
1. Promote John Wilson to a new position, Senior Assistant
City Attorney in the hopes of keeping him with the City (Mr. Wilson
STAFF REPORT
Page 3
is presently at the top step of his range and, unless Mr. Barlow
or Ms. Brue leave, he has no place to go up to) and fill his
vacant position as City attorney IV with a litigation-experienced
attorney.
2. Re-advertise the Contract Attorney with a term of
3 years or more.
3. Farm out the 50 cases within the next 90 days and
add $278,000.00 to the outside attorney budget.
The Committee decided on option #1 with Councilwoman Pope-Ludlam
making the motion and Councilman Minor seconding it.
This position will add no new cost to the City. It simply will
be a transfer of $75,593.00 (includes all benefits) from the
existing outside attorney fund.
We do not believe that we will attract qualified applicants with
even a 3 year contract. Moreover, a further delay for the 5-7
week advertising and hiring process will result in no alternative
but to farm out 50 cases if we fail to hire a qualified candidate
under the contract this time. There will not be enough time to
re-advertise, interview, agenda and hire a permanent City Attorney IV.
In addition to the first 50 cases that we will farm out in 90 days
(less 7, as of this writing), we will have to farm out a certain
percentage of other new cases.
We request that Deputy City Attorney IV John Wilson be promoted to
a newly established position of Senior Deputy City Attorney, that
we be authorized to fill his vacant City Attorney IV position with
a Litigation Attorney and that authorization for a Contract Attorney
be withdrawn.
R~spectfullY submitted,
i -'))
ly~ 7.!I~
// I
1/ ~ES F. PENMAN
vity Attorney
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 6433 ENTITLED IN PART " A RESOLUTION . . . OF THE
CITY OF SAN BERNARDINO"; CHANGING THE NUMBER OF DEPUTY CITY
ATTORNEYS FROM 4 TO 5 AND ADDING UNDER THE CLASSIFICATION TITLE
"(SR. DEPUTY CITY ATTORNEY"
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 6433, Section Four, Subsection
9 4.10 is amended to read:
10 SUB
SEC.
n
12 4.10
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15
16
17
18
19
DEPARTMENT/
DIVISION
NO. OF CLASSIFICATION
POSITIONS TITLE
CITY
ATTORNEY
1 Administrative Operations
Supervisor
1 Assistant City Attorney
1 City Attorney
2 City Attorney Investigator
(Sr. Deputy City Attorney
(Deputy City Attorney IV
5 (Deputy City Attorney III
(Deputy City Attorney II
(Deputy City Attorney I
1 Executive Secretary
2 Legal Secretary I
2 Legal Secretary II
1 Senior Assistant City
Attorney
20 I HEREBY CERTIFY that the foregoing resolution was duly
21 adopted by the Mayor and Common Council of the City of San
22 Bernardino at a
meeting thereof, held on the
JP:ms
September 9, 1988
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.
6433 ENTITLED IN PART " A RESOLUTION . . . OF THE CITY OF SAN
BERNARDINO"; CHANGING THE NUMBER OF DEPUTY CITY ATTORNEYS FROM 4
TO 5 AND ADDING UNDER THE CLASSIFICATION TITLE "(SR. DEPUTY CITY
ATTORNEY"
5 day of
, 1988, by the following vote to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1988.
15 Evlyn Wilcox, Mayor
City of San Bernardino
16 Approved as to
Form and
17 legal content:
18 J-
19 Attorney
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JP:ms 2
September 9, 1988
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 6413 ENTITLED IN PART " A RESOLUTION. .
ESTABLISHING A BASIC COMPENSATION PLAN ..."; BY ADDING THE
POSITION OF SR. DEPUTY CITY ATTORNEY AT RANGE 3178 (S4570-
5566/MO) EFFECTIVE SEPTEMBER 20, 1988
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 6413, Section Twelve is amended
9 to read as follows:
10 SALARY RANGE
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16
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20
21
22
23
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(3094) S1621 1702 1789 1880 1974
(3100) $1744 1835 1927 2024 2127
(3102) $1789 1880 1974 2076 2180
(3113) $2049 2154 2262 2376 2496
(3114) $2076 2180 2289 2406 2528
(3127) $2436 2559 2686 2824 2967
(3134) $2656 2791 2931 3079 3234
(3136) $2723 2860 3005 3157 3317
(3140) $2860 3005 3157 3317 3486
(3154) $3399 3572 3752 3941 4143
(3158) $3572 3752 3941 4143 4351
JP:ms
September 12, 1988
1
CLASSIFICATION TITLE
Legal Secretary I (U)
Secretary
Senior Data System
Operator
Deputy City Clerk I (U)
Legal Secretary II (U)
Senior Secretary
Personnel Assistant
Administrative
Operations Supervisor
(City Attorney) (U)
Deputy City Clerk II (U)
Executive Secretary (U)
Programmer I
City Attorney
Investigator (U)
Personnel Analyst
Senior Accountant
Internal Auditor/Budget
Officer
Deputy City Attorney I
(U)
Deputy City Attorney II
(U)
r:;;;)
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.
6413 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC
COMPENSATION PLAN . . ."; BY ADDING THE POSITION OF SR. DEPUTY
CITY ATTORNEY AT RANGE 3178 ($4570 - 5566/MO) EFFECTIVE SEPTEMBER
19, 1988
(3162) $3752 3941 4143 4351 4570 Deputy City Attorney III
(U)
(3166) $3941 4143 4351 4570 4803 Deputy City Attorney IV
(U)
(3178) $4570 4803 5045 5303 5566 Sr. Deputy City Attorney
(U)
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1988, by the following vote to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
1988.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to Form and
leg~l content:
i
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JP:ms
September 12, 1988
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 6413 ENTITLED IN PART " A RESOLUTION. .
ESTABLISHING A BASIC COMPENSATION PLAN ..."; BY ADDING THE
POSITION OF SR. DEPUTY CITY ATTORNEY AT RANGE 3178 ($4570-
5566/MO) EFFECTIVE SEPTEMBER 20, 1988
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 6413, Section Twelve is amended
to read as follows:
10 SALARY RANGE
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(3094) $1621 1702 1789 1880 1974
(3100) $1744 1835 1927 2024 2127
(3102) $1789 1880 1974 2076 2180
(3113) $2049 2154 2262 2376 2496
(3114) $2076 2180 2289 2406 2528
(3127) $2436 2559 2686 2824 2967
(3134) $2656 2791 2931 3079 3234
(3136) $2723 2860 3005 3157 3317
(3140) $2860 3005 3157 3317 3486
(3154) $3399 3572 3752 3941 4143
(3158) $3572 3752 3941 4143 4351
JP:ms
September 12, 1988
1
CLASSIFICATION TITLE
Legal Secretary I (U)
Secretary
Senior Data System
Operator
Deputy City Clerk I (U)
Legal Secretary II (V)
Senior Secretary
Personnel Assistant
Administrative
Operations Supervisor
(City Attorney) (V)
Deputy City Clerk II (V)
Executive Secretary (V)
Programmer I
City Attorney
Investigator (U)
Personnel Analyst
Senior Accountant
Internal Auditor/Budget
Officer
Deputy City Attorney I
(U)
Deputy City Attorney II
(U)
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO.
6413 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A BASIC
COMPENSATION PLAN . . ."; BY ADDING THE POSITION OF SR. DEPUTY
CITY ATTORNEY AT RANGE 3178 ($4570 - 5566/MO) EFFECTIVE SEPTEMBER
19, 1988
(3162) $3752 3941 4143 4351 4570 Deputy City Attorney III
(U)
(3166) $3941 4143 4351 4570 4803 Deputy City Attorney IV
(U)
(3178) $4570 4803 5045 5303 5566 Sr. Deputy City Attorney
(U)
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
13 day of
, 1988, by the following vote to wit:
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AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
1988.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to Form and
leg~l content:
!
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JP:ms
September 12, 1988
lt~ands paid $730,000
in legal fees in 1987-88
Report: W ouId have cost less to hire lawyer
By JOHN de LEON The report, prepared by Fi-:
Sun Staff Writer nance Director George Kaenel,:
indicates the city could hire its,
own in-house attorney with sup.:
port staff and furnish their offices
for less than half of last year's le-
gal fees,
Creating the position could
cost anywhere from $287,000 to
$329,000, Kaenel said,
Kaenel concludes an in-house
attorney is feasible, but notes
some litigation still would have to
be handled by outside attorneys.
By all accounts, attorneys'
REDLANDS - A l10ad of
lawsuits and implementation of
Redlands' slow-growth ordinance
forced the city to shell out nearly
$750,000 for outside legal fees in
fiscal 1987 -88, according to a city
report.
The city could hire its own at-
torney and staff for less than half
that amount, the report shows.
"It's a breathtaking amount
and we've got to reduce it," com-
plained City Councilman Tim
Johnson.
Redlands: City paid out $750,000 iri legal fees
Continued from/B1
fees in fiscal 1987-88 were unusu-
allY high because of un precedent-
ed legal actions faced by the city.
These included condemnations
for the redevelopment agency,
putting the slow-growth ordi-
nance Measure N into effect and
lawsuits tiled by building dev!,l-
opers and landowners.
However, Johnson said the re-
port could stoke the arguments of
those who favor hiring an in-
house attorney rather than retain
the Riverside law firm of Best,
Best & Krieger. Among those who
favor the change is City Coun-
cilman Charles "Chuck" DeMir-
jyn, who repeatedly has assailed
the amount of money the city
spends on attorneys and consul-
tants.
DeMirjyn said he was alarm-
ed by Kaenel's l1ndings, partic-
ularly with the amount - some
$436,000 - spent simply on liti-
gation in 1987-88, He said he
would push for the city to hire its
o~n attorney.
"There's no way this can go
on, I don't care if it's a heavy year
or a light year," he said.
The report was compiled as
information for the city council;,
which may discUSll the findings
during next Tuesday's meeting.
No action is anticipated.
According to the report, Best,
Best & Krieger handled a lion's
share of the city's legal actions,
resulting in payment. of $572,000
to the firm. The balan~ of the
$750,000 was divided among
eight other law firms.
Types of services performed
by the firms varied, but Iitigatioll,
resulted In charges for more thag..
half the amount. General counsel"
cost the city $153,000 and plan-
ning and land-use counsel was
$95,000. Legal assistance in em-
ployee relations cost Redlands
nearly $29.000.
The largest single chunk ofle-
gal fees - $239.000 - was in-
curred by the Redevelopment
Agency, The amount was ;nl1ated
by a one-time expense. the con-
demnation of a I(}.acre downtown
site for the Orange Street Plaza,
said acting Redevelopment Di-
rector Norman McMenemy.
General fund expenditures
_~iI'rI^)
for legal fees totaled $207,000,
according to the report, These in-
cluded employee relations, plaD-
ning and land-use as well as gen-
eral counsel.
Kaenel's report also provides
a proposed budget for an in-
hOIlle ~. and 'a twQ-person
staft D\iojJIlDdlng on saJarfes and
benellts, aec.ordln,to Kaenel,
peI'llOIID8l eoets such as saJarI~
work8f~'eom~i1saUon and re- ,
tiremenfwould run between
$197,000 to $239.000 Ibr the I1rat
year.; , .
Ailded to that amount Is an-
other $90,000 In I1rat-year eoets
such as omce rent, furniture.
equipment and supplies. The COllt
would drop in subsequent years.
Kaenel said.
But Kaenel said the in-house
attorney would handle general
counsel, planning and land-use.
em ployee relations and redevel-
opment issues. All litigation, with
the exception of redevelopment
issues, would probably have to he
handled by an outside firm.
City Manager John Holmes
said the use of outside attorneys
would hike the city's legal fees
higher than Kaenel's projections,
dtt ~ ~8