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Home My WebLink AboutCS Department ReorganizationCITY CF n,1,1�aft 1� a., Agenda Item No: Meeting Date: February 17, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Attorney Prepared by: Robert F. Epstein, City Attorney City Manager Approval: Ken Nordhoff SUBJECT: CITY ATTORNEY DEPARTMENT REORGANIZATION RECOMMENDATION: Staff recommends that the City Council approve the proposed reorganization of the City Attorney's office. BACKGROUND: The City Attorney's office provides legal services to the Mayor and City Council, City management staff, and the 400 -plus employees of the City. In general, the services include day-to- day oral and written legal advice to all City departments on a myriad of legal issues; legal representation at public meetings, including all Council meetings; defense of the City in litigation; prosecution of Code Enforcement matters; and management of all claims against the City, including management and supervision of all outside counsel retained by the City. The attorneys in the office work on a daily basis with staff and the City's elected officials in a continuing effort to ensure the City's compliance with a complex scheme of regulations, statutes, and case law. The office employs an "open door" policy to encourage City staff to raise questions early before they become problems. The City receives numerous claims each year, which historically have covered the gamut from minor property claims to significant tort and contract litigation. Each claim requires review, analysis, and consideration; the larger claims can generate years of litigation and hundreds of hours of legal work. The City Attorney's office also regularly handles civil actions that challenge the City's land use decisions; the litigation factors typically include the substantial value of local real estate combined with strongly -held (and varied) public opinions concerning the use of land. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Although the City Attorney does not provide legal advice to the public at large, numerous contacts from the public are routed to the City Attorney for assistance and advice. The City Attorney's office routinely assists staff in responding to all such public concerns. Article VIII, Section 5 of the City Charter provides that: "It shall be the duty of the city attorney to advise the city authorities and officers in all legal matters pertaining to the business of the city, and to render such other services in the line of his profession as may be required of him by the council." The role of the elected City Attorney has varied over the course of the City's history. Historical increases in the City's need for legal services led to the current staffing which features the part-time elected City Attorney, full-time Assistant City Attorney, Deputy City Attorney, and Legal Assistant H. The recent departure of long-time Assistant City Attorney Gus Guinan has initiated this review of the department and request for Council approval of a proposed reorganization. Mr. Guinan, who has served as a municipal attorney for the majority of his 35 years of practicing law, was uniquely suited to serve as the Assistant City Attorney. Rather than attempt to replace Mr. Guinan at this time, it is proposed that the Department reorganize along the following lines: (Part-time) Elected City Attorney (Rob Epstein) I Assistant City Attorney (to remain unfilled at present and for the immediate future) Deputy City Attorney 1-11 (Eric Davis) I Deputy City Attorney 1-11 (to be advertised and filled) I Legal Assistant 1-11 (Marilyn Pecunia) SUMMARY OF PROPOSED REORGANIZATION: This proposal is revenue -neutral for the current budget cycle. While there are some proposed changes in job titles and a reclassification to a flexibly staffed Deputy City Attorney I-II, there is no proposed increase in the total number of active employees, nor in the total compensation amount of monthly salaries already budgeted for the department. It is proposed that City Attorney Rob Epstein will (1) continue to serve in his primary function of advising the Mayor, Council, and Management staff on all pending legal issues; (2) staff all City Council meetings; (3) staff Planning Commission and other meetings on an as -needed basis; (4) manage Claims/Risk Management and supervise outside counsel on all litigation; (5) serve as the primary contact for the Police Department; (6) advise the Human Resources Department and management staff concerning any internal employee disciplinary matters; and (7) provide legal advice for labor negotiations. It is further proposed that Eric Davis, a 15 -year City employee, receive a much -deserved reclassification to the new position of Deputy City Attorney 11, which is a senior level municipal law attorney, and that he serve as the primary attorney in the office concerning (1) Community Development Department (Code Enforcement and Building); (2) Public Works; (3) City Clerk; (4) Finance Department; (5) Community Services; (6) Fire Department; and (7) Information Technology. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 It is further proposed that the City create a new (second) Deputy City Attorney I-II position, to be advertised and filled as soon as possible and who will be charged with the following primary responsibilities: (1) Community Development Department (Planning); (2) City Manager's office; (3) Redevelopment; (4) Library; (5) Parking Division; (6) assisting the City Attorney in staffing public meetings; and (7) work with the Legal Assistant II on office management and administration. It is proposed that both Deputy City Attorneys would remain within the unrepresented Mid -Managers unit. Under this plan, Legal Assistant Marilyn Pecunia would continue in her present role which functions include (but are not limited to) attorney support, office management and administration, budget oversight, paralegal duties, and handling of public and inter -departmental communications. FISCAL IMPACT: The proposed reorganization will remain revenue neutral within the current budget cycle. OPTIONS: Accept the proposed reorganization of the City Attorney Department which will allow for the reclassification of Mr. Davis to Deputy City Attorney lI and the posting and filling of a new (second) Deputy City Attorney I-II position. 2. Decline to accept the proposed reorganization. ACTION REQUIRED: Adopt the Resolution authorizing the proposed reorganization of the City Attorney Department. Attachment: Resolution Approving City Attorney Department Reorganization RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A REORGANIZATION OF THE CITY ATTORNEY DEPARTMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: WHEREAS, the San Rafael City Attorney Department provides legal services to the Mayor and City Council, City management staff and 400 -plus employees of the City, and WHEREAS, the services of the City Attorney Department include day-to-day oral and written legal advice to all City departments on a myriad of legal issues; legal representation at public meetings, including all Council meetings; defense of the City in litigation; prosecution of Code Enforcement matters; and management of all claims against the City, including management and supervision of all outside counsel retained by the City; and WHEREAS, the attorneys in the City Attorney's office work on a daily basis with staff and the City's elected officials in a continuing effort to ensure the City's compliance with a complex scheme of regulations, statutes, and case law; and WHEREAS, Article VIII, Section 5 of the City Charter provides that: "It shall be the duty of the City Attorney to advise the City authorities and officers in all legal matters pertaining to the business of the City, and to render such other services in the line of his profession as may be required of him by the Council;" and WHEREAS, historical increases in the City's need for legal services led to the current staffing which features the part-time elected City Attorney, full-time Assistant City Attorney, Deputy City Attorney, and Legal Assistant II; and WHEREAS, the recent departure of long-time Assistant City Attorney Gus Guinan initiated a review of the department and request for Council approval of a proposed reorganization; and WHEREAS, the proposed reorganization involves changes in job titles and responsibilities, but is revenue -neutral for the current budget cycle. This reorganization involves no increase in the total number of active employees, nor in the total compensation amount of monthly salaries already budgeted for the department. 1 NOW THEREFORE BE IT RESOLVED, that the San Rafael City Attorney Department is to be immediately reorganized as set forth in the organizational chart and salary schedule attached hereto as Exhibit A. I, ESTHER C. BEIRNE, City Cleric, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 17th day of February, 2009, by the following vote to wit: AYES: Councilmembers: NOES: Councilmembers: Pj ESTHER C. HEMNE, City Cleric EXHIBIT "A" (Part-time) Elected City Attorney (Rob Epstein) I Assistant City Attorney (to remain unfilled at present and for the immediate future) I Deputy City Attorney 1-11 (Eric Davis) I Deputy City Attorney 1-11 (to be advertised and filled) I Legal Assistant 1.11 (Marilyn Pecunia) Reclassification Deputy City Attorney I-II Position Step A Step B Step C Step D Step E Deputy City Attorney I 7,916 8,312 8,728 9,164 9,622 Deputy City Attorney II 8,728 9,164 9,622 10,103 10,709