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HomeMy WebLinkAbout31-City Attorney 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: F:\EASLANDlRCAslAdminAnalystIPos.RCA. wpd 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. F :\EASLANDlStaff ReportslAdminAnalystlPos. StaffRpt. wpd I 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. F :\EASLAND\Staff ReportslAdminAnalystJPos. StaffRp!. wpd 2 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. F :\EASLANDlStaff Reports\AdminAnalystJPos.StaffRpt. wpd 3 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 Page 3 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 Page 4