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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: June 27, 2006

Subject/Title: Adopt a Resolution approving classification descriptions and salary ranges for Assistant City Attorney and Deputy City Attorney as well as a salary range for the Principal Planner classification that was previously established as part of the Johnson & Associates Study.

Prepared by: Patti Standley, Human Resources Manager

Submitted by: Karen L. Chew, Assistant City Manager

RECOMMENDATION
Adopt a Resolution approving the classification descriptions and salary ranges for Assistant City Attorney and Deputy City Attorney as well as approval of a salary range for the Principal Planner classification description that was prepared as part of the Johnson & Associates Study.

PREVIOUS ACTION
The City Council approved the recommendations contained in the Johnson & Associates Study when they approved Resolution No. 2005-122 including the Classification description for Principal Planner.

BACKGROUND
The City has employed an “in-house” City Attorney since the year 2000. Prior to that time, contract attorneys from private law firms served as the City’s general legal counsel. Over the past six years the City has experienced tremendous growth which in turn has translated into increased legal demands. Given the City’s size and the legal issues associated with a rapidly growing community it is increasingly difficult for one attorney to keep up with the City’s legal needs. Along with the continued use of outside counsel, for the last several years there has been a staff level discussion about adding an additional attorney to the City Attorney’s Office.

The hiring of an Assistant or Deputy City Attorney will allow the office to better respond to departmental requests for legal services and, perhaps more importantly, allow the start of proactive projects to help reduce City liability and improve existing processes and procedures.

Through the budget review process, one attorney position has been requested. In anticipation of the unknown skills and experience of the potential candidate pool, staff has prepared classification descriptions and proposed salary ranges for both Assistant City Attorney and Deputy City Attorney positions. The Assistant City Attorney would function as the principal assistant to the City Attorney and will serve as the acting City Attorney in their absence. The Deputy City Attorney is an entry-level classification to the Attorney series, performing professional legal and administrative work in support of the City Attorney’s office. Having the two classifications will provide the flexibility to find the best qualified candidate for appointment at the most appropriate level.

The Principal Planner classification description was prepared as part of the Johnson & Associates Study for future use. Staff has determined the need to set the salary range for Principal Planner at this time in order to have the availability for use when appropriate.

FISCAL IMPACT
There is no fiscal impact associated with this item.

Attachment:
Resolution
Exhibit A – Assistant City Attorney
Exhibit B – Deputy City Attorney

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE CLASSIFICATION DESCRIPTIONS AND SALARY RANGES FOR AN ASSISTANT CITY ATTORNEY AND DEPUTY CITY ATTORNEY AS WELL AS APPROVING THE SALARY RANGE FOR THE PRINCIPAL PLANNER CLASSIFICATION

WHEREAS, the City of Brentwood has employed an “in-house” City Attorney since the year 2000; and

WHEREAS, over the past six years the City has experienced tremendous growth which in turn has translated into greater legal demands from both the development community as well as City staff; and

WHEREAS, given the City’s size and the legal issues associated with a rapidly growing community, staff has identified the need for an additional attorney, to support the legal needs of the City, and

WHEREAS, staff prepared classification descriptions for the new classifications of Assistant City Attorney and Deputy City Attorney, and

WHEREAS, the new classification descriptions are attached as Exhibit A (Assistant City Attorney) and Exhibit B (Deputy City Attorney), and

WHEREAS, staff recommends approval of the new classification descriptions as defined for an Assistant City Attorney and a Deputy City Attorney; and

WHEREAS, based upon internal equity with existing City classifications and a salary survey of other benchmark jurisdictions, staff recommends the annual salary ranges as follows:

Assistant City Attorney $100,883.88 - $122,620.68
Deputy City Attorney $ 84,056.04 - $102,173.52; and

WHEREAS, in 2005 the City Council approved a study prepared by Johnson & Associates related to employee classifications and salaries (the “Johnson Study); and

WHEREAS, the Principal Planner classification description was prepared as part of the Johnson Study for future use; and

WHEREAS, staff recommends approval of the following salary range for Principal Planner, based upon internal equity with existing City classifications:

Principal Planner $ 90,816.24 - $110,389.80

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood approves the classification and salary ranges provided above.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the June 27, 2006 by the following vote:

Attachment:
Exhibit A - Assistant City Attorney
Exhibit B - Deputy City Attorney

EXHIBIT A

CITY OF BRENTWOOD
ASSISTANT CITY ATTORNEY
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under direction of the City Attorney, performs professional legal and administrative work; provides legal research, advice and counsel to City Council, City staff, Planning Commission and other Commissions; reviews and drafts contracts, ordinances, resolutions and other documents; represents the City in court; performs other City legal work; advises the City Council in the City Attorney’s absence; performs other duties as required.
IDENTIFYING CHARACTERISTICS
The Assistant City Attorney serves as the principal assistant to the City Attorney. Work is performed independently on a broad spectrum of issues. This level is distinguished from the Deputy City Attorney by the sensitivity or difficulty of assignment, the degree of independence, and the responsibility for developing, organizing and maintaining specialized legal projects. A person appointed to the Assistant City Attorney classification is an “at-will” employee.
REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address City needs and changing City practices.
1. Performs legal research and prepares opinions on various legal issues for the City Council, the Redevelopment Agency, City staff, and a variety of boards, commissions and committees of the City.
2. Prepares ordinances, resolutions, contracts, deeds, leases, permits, licenses, and other legal instruments; reviews such documents and offers opinions as to legal acceptability when presented to the City Attorney’s office for consideration.
3. Attends meetings and serves as legal advisor to the City Council, the Redevelopment Agency, City staff, and a variety of boards, commissions and committees of the City. Represents the City in the community and at professional meetings as required.
4. Represents the City in legal matters and brings criminal and civil actions and proceedings on behalf of the City; prepares appellate and trial briefs and pleadings; defends the City in lawsuits.
5. Analyzes recent cases and legislation and recommends changes in policies and procedures to meet legal requirements.
6. Investigates claims and complaints by or against the City and recommends action to be taken; assists in the abatement of public nuisances; prosecutes violations of City codes and ordinances; settles damage claims against the City; and collects debts and damages due from third parties.
7. Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of municipal law.
8. Represents the City in labor disputes and handles personnel matters such as appeals from disciplinary action; prepares cases for administrative hearings and represents the City in such hearings.
9. Serves as the acting City Attorney in the City Attorney’s absence; makes decisions and provides information as necessary in the City Attorney’s absence.
10. Provides other legal services for the City and the Redevelopment Agency; performs related duties as required by the City Attorney.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
Operations, services, and activities of a City Attorney’s Office or similar public agency councel’s office.
Principles and application of civil, criminal, and administrative law and procedure.
Pertinent federal, state, and local laws, codes, and regulations including litigation, conflict of interest, labor, employment, land use, environment, fair housing and discrimination and eminent domain.
The Brown Act, Political Reform Act, Public Records Act, CEQA, Subdivision Map Act, Fair Political Practices Act and other state laws and court cases applicable to municipalities and public bodies.
Methods and techniques of case management, prioritization, and control.
Methods and techniques for legal research, analysis, and writing.
Advanced principles and practices of program development and administration.
Principles and practices of municipal budget preparation and administration.
Principles of supervision, training, and performance evaluation.
Effective public speaking techniques.
Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.
Ability to:
Properly interpret and make decisions in accordance with laws, regulations, and policies.
Analyze and assess programs, policies, and operational needs and make appropriate adjustments.
Identify and respond to sensitive community and organizational issues, concerns, and needs.
Plan, organize, direct, and coordinate the work of assigned staff.
Maintain confidentiality.
Delegate authority and responsibility.
Select, supervise, train, and evaluate staff.
Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
Research, analyze, and evaluate new service delivery methods and techniques.
Analyze complex legal issues, evaluate alternatives, and implement sound solutions.
Negotiate effectively on behalf of clients concerning litigation and contracts.
Prepare litigation documents, pleadings, motions and points and authorities.
Provide effective representation in hearings, courts of law, and meetings.
Work independently in the absence of supervision.
Interpret and apply applicable federal, state, and local policies, laws, and regulations.
Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Juris Doctorate from a law school accredited by the American Bar Association or the California Bar Association.
Experience:
A minimum of four years of increasingly responsible experience as an attorney in the practice of all major phases of municipal law including California land use, redevelopment, liability, discrimination, Americans with Disabilities Act, Workers’ Compensation, California Public Contract Code, public sector labor law, federal, state, and local ordinances, civil litigation, criminal issues, and administrative law.
License or Certificate:
Active membership in the State Bar of California is a condition of initial and continued employment.
Possession of an appropriate valid driver’s license.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
Environment: Work is performed primarily in a standard office environment with some travel to different sites; incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings.
Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations using various modes of private and commercial transportation; and to verbally communicate to exchange information.
Vision: See in the normal visual range with or without correction; vision sufficient to read small print, computer screens and other printed documents.
Hearing: Hear in the normal audio range with or without correction.
FLSA Designation: Exempt
Adopted: June, 2006

EXHIBIT B

CITY OF BRENTWOOD
DEPUTY CITY ATTORNEY
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under general direction of the City Attorney, performs professional legal and administrative work related to municipal government operations; conducts legal research, prepares opinions, provides advice and counsel to City staff, commissions and other boards; reviews and drafts contracts, ordinances, resolutions and other documents; represents the City in court; performs other City legal work; performs other duties as required.
IDENTIFYING CHARACTERISTICS
The Deputy City Attorney is a full journey level classification requiring the application of in-depth and comprehensive knowledge of legal proceedings and the ability to act independently, problem-solve and use sound judgment. Incumbents in this class perform a wide range of duties in litigation, land use law, real estate transactions, code enforcement, and other legal services. This class is distinguished from the Assistant City Attorney in that the latter is assigned more difficult and complex assignments and performs duties involving higher levels of City administration. Receives supervision and direction from the City Attorney. A person appointed to the Deputy City Attorney classification is an “at-will” employee.
REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address City needs and changing City practices.
1. Performs in depth legal research and prepares opinions on various legal issues regarding City business.
2. Provides verbal and written advice on a daily basis to other City departments and prepares a variety of reports and documents as necessary.
3. Drafts and reviews legal documents including contracts, ordinances, resolutions, deeds, leases, permits, licenses, and other legal instruments.
4. Appears before courts and administrative proceedings to represent the City’s interest; represents the City in civil litigation proceedings as required.
5. Analyzes recent cases and legislation and recommends changes in policies and procedures to meet legal requirements.
6. Performs special projects and assignments.
7. Prepares a variety of reports and correspondence.
8. Prosecutes code enforcement actions.
9. Provide legal updates and training to staff and commissions.
10. Makes court appearances as necessary, including preparation of court documents.
11. Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of municipal law.
12. Performs related duties and responsibilities as required.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
Principles of municipal law, including functioning of California general law cities and various departments.
Pertinent federal, state, and local laws, codes, and regulations including litigation, conflict of interest, labor, employment, land use, environment, fair housing and discrimination and eminent domain.
The Brown Act, Political Reform Act, Fair Political Practices Act, Public Records Act and other state laws and court cases applicable to municipalities and public bodies.
Effective public speaking techniques.
Methods and techniques of case management, prioritization, and control.
Methods and techniques for legal research, analysis, and writing.
Advanced principles and practices of program development and administration.
Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.
Ability to:
Perform legal research.
Properly interpret and make decisions in accordance with laws, regulations, and policies.
Analyze and assess programs, policies, and operational needs and make appropriate adjustments.
Identify and respond to sensitive community and organizational issues, concerns, and needs.
Maintain confidentiality.
Analyze complex legal issues, evaluate alternatives, and implement sound solutions.
Negotiate effectively on behalf of clients concerning litigation and contracts.
Prepare litigation documents, pleadings, motions and points and authorities.
Provide effective representation in hearings, courts of law, and meetings.
Interpret and apply applicable federal, state, and local policies, laws, and regulations.
Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Juris Doctorate from a law school accredited by the American Bar Association or the California Bar Association.
Experience:
One year of increasingly responsible experience as an attorney in the practice of several major phases of municipal law including California land use, redevelopment, liability, discrimination, Americans with Disabilities Act, Workers’ Compensation, California Public Contract Code, public sector labor law, federal, state, and local ordinances, civil litigation, criminal issues, and administrative law.
License or Certificate:
Active membership in the State Bar of California is a condition of initial and continued employment.
Possession of an appropriate valid driver’s license.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
Environment: Work is performed primarily in a standard office environment with some travel to different sites; incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings.
Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations using various modes of private and commercial transportation; and to verbally communicate to exchange information.
Vision: See in the normal visual range with or without correction; vision sufficient to read small print, computer screens and other printed documents.
Hearing: Hear in the normal audio range with or without correction.
FLSA Designation: Exempt
Adopted: June, 2006
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov