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HomeMy WebLinkAbout27-28-City Attorney Cll 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 23 24 25 26 27 28 1 2 3 4 5 6 7 8 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 13 14 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 1 ~ 6 7 8 9 10 11 12 13 14 1 2 3 4 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 20 21 22 23 24 25 26 27 28 JP:ms 2 September 9, 1988 1 2 3 4 5 6 7 8 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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:;;;) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 7 JP:ms September 12, 1988 2 1 2 3 4 5 6 7 8 9 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 11 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) ~ 1 2 3 4 5 6 7 8 9 10 11 12 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: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: ! 7 2 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