Resolution No. 2012-207RESOLUTION NO. 2012-207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING RESOLUTION NO. 2012-115, REGARDING
THE COMPENSATION, COSTS AND BENEFITS OF ITS
EMPLOYEES ("PERSONNEL RESOLUTION") BY AMENDING
SCHEDULE NO. XIII .(OFFICE OF THE CITY ATTORNEY) OF
THE PERSONNEL RESOLUTION (AMENDMENT NO. 2)
WHEREAS, on June 20, 2012, the City Council of the City of
Vernon adopted Resolution No. 2012-115, to be effective on
July 1, 2012, regarding the compensation, costs and benefits of its
employees, which has subsequently been amended by Resolution
No. 2012-140 (the "Personnel Resolution"); and
WHEREAS, Schedule No. XIII, Exhibit M, of the Personnel
Resolution provides for positions and salary scales of positions
within the Office of the City Attorney/Public Prosecutor; and
WHEREAS, by memo dated October 31, 2012, the City
Administrator has recommended that (i) the salary scales for the
positions'of the Assistant City Attorneys be eliminated, and, (ii) that
a salary scale for the position of Deputy City Attorney be created; and
WHEREAS, the City Council of the City of Vernon wishes to
amend Schedule No. XIII (Exhibit M), of the Personnel Resolution to
implement the aforementioned changes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON, AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the above recitals are true and
correct.
SECTION 2: Effective November 6, 2012, Schedule No. XIII
(Exhibit M), of the Personnel Resolution is hereby amended to
eliminate the positions of the Assistant City Attorneys and to add the
position of Deputy City Attorney and the related scale, a copy which
is attached hereto as Exhibit A.
SECTION 3:, The provisions of Resolution No. 2012-115, as
amended by Resolution No. 2012-140, not consistent with or in conflict
with this Resolution are hereby repealed; in all other respects,
Resolution Nos. 2012-115 and 2012-140, shall remain in full force and
effect.
SECTION 4: The Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this resolution,
and the Interim City Clerk of the City of -Vernon shall cause this
resolution and the Interim City Clerk's certification to be entered in
the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 6th day of November, 2012.
r
Name: William J. DaVi6
ATTE
r:
Dand ed, Interim City Clerk
Title: Mayor
_2-
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2012-207,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday, November 6, 2012, and thereafter was duly signed by the Mayor
or Mayor Pro-Tem of the City of Vernon.
Executed this C_,/ day of November, 20.12, at Vernon, California.
I
Dan eed, Interim City Clerk
(SEAL)
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EXHIBIT A
OFFICE OF THE CITY ATTORNEY / PUBLIC PROSECUTOR
SALARY SCALE
MONTHLY SALARY
CITY ATTORNEY - 9800
STEP 1.
21,000
CHIEF DEPUTY CITY ATTORNEY - 9850
STEP 1
19,475
DEPUTY CITY ATTORNEY - 9805
STEP 1
8,145
2
8,552
3
8,980
4
9,429
5
9,900
LEGAL ADMINISTRATIVE ASSISTANT - 4175
STEP 1
4,957
2
4,699
3
4,454
4
4,222
5
4,002
6
3,793
7
3,595
8
3,408
9
3,230
SCHEDULE XIII
EXHIBIT "M"
City Attorney
Page 1 of 1
DATE: October 31, 2012
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrat r
CC: Nicholas Rodriguez, City Attorney
Teresa McAllister, Director of Human Resources
RE: PROPOSED AMENDMENT TO PERSONNEL RESOLUTION NO. 2012-115
AMENDING THE CLASSIFICATION AND COMPENSATION PLAN TO ADD
DEPUTY CITY ATTORNEY AND DELETE ASSISTANT CITY ATTORNEY
CLASSIFICATION
Background
Work load,vacancies and the need to reduce dependence on outside counsel,have resulted in the
need of a key and critical professional position in the City Attorney's Department. The Chief
Deputy City Attorney and Assistant City Attorney positions are responsible for performing a
variety of civil and administrative legal work and provides advice and counsel to City staff on all
phases of city litigation pending 'in state and federal court and before administrative bodies,
including legal research, preparation of various legal documents including ordinances,
resolutions, contracts, leases, deeds, bonds, and opinion letters in compliance with Federal, State
and City policies and procedures.
In association with this, The Human Resources Department conducts classification and
compensation studies for positions as requested by City departments or based on periodic review
in response to the City's broad operational needs.
An organizational need was identified when the City Attorney reviewed the need to fill the
vacant Assistant City Attorney position.
Moreover, the City Attorney has identified a method of meeting the department's ongoing need
for professional legal work by capitalizing on the existing vacancy of the Assistant City Attorney
(pay scale - $21,032 $28,463 per month) position, which is a higher salary than the salary of the
City Attorney to which the Assistant position reports. The Department is proposing to fill the
Assistant City Attorney position with a Deputy City Attorney (pay scale - $8,145 - $9,900)
beginning level class for professional legal work within the Attorney classification series. This
position would be filled through a competitive process. This would save the City approximately
$180,000 annually while allowing the Department to meet the attorney service needs within the
City and would address the anomalous situation of a subordinate's salary being posted as higher
than the salary of their supervisor.. In order to allow for these organizational changes, the
Human Resources Department has researched and is proposing the creation of a Deputy City
Attorney position.
Towards this end, staff conducted a survey of the City Attorney series from the five local cities
considered comparable to the City of Vernon. The typical organizational alignment was a three -
tiered, structure consisting of Deputy City Attorney, Assistant City Attorney and City Attorney
within the classification series. The salary range for the Deputy City Attorney was primarily
based on the maximum average of the small sample group consisting of Riverside, Pasadena,
Burbank, Anaheim, and Los Angeles.
The analysis resulted in the classification's assignment to a 5- Step pay scale of $8,145 - $9,900
per month. This pay scale falls far below the existing Chief Deputy City Attorney pay scale of
$19,475 per month and Assistant City Attorney pay scale of $28,463 per month.
In comparison, the Deputy City Attorney is the beginning level class for professional legal work.
Incumbents work under general supervision, perform a variety of civil legal work; represents the
City by providing advice and counsel to City staff, departments and advisory bodies and assist in
litigation; and performs related work as assigned.
The City Attorney's Office is approved for 1.0 FTE for Chief Deputy City Attorney. It is
recommended that 1.0 FTE be added for Deputy City Attorney and approve the position
allocation change in the City Attorney Department's budget and authorize recruitment thereof.
There is presently no position description for the Chief Deputy City Attorney classification, but a
higher ranked position than the Deputy City Attorney would, traditionally, be expected to
perform management functions as well as the more difficult and highly specialized legal work
requiring a thorough knowledge of governmental legal procedures, and the ability to exercise
independent judgment within established systems.
In an effort to address an immediate organizational need for staffing, and a beginning level class
for professional legal work, staff is recommending the adoption of the new Deputy City Attorney
classification. Establishing this new classification would allow staff the ability to create a more
paralleled structure aligned with the municipal labor industry and afford beginning level
professional opportunities within the City of Vernon. It would also restructure and develop a
revitalized department that is positioned for the future and staffed with the best qualified people.
This staff report also recommends the deletion of the Assistant City Attorney classification.
In order to move forward with the delivery of quality services, the City Council will continue to
reconcile its resources (its budget and work force) with organizational and community needs and
then prioritize. Departmental reorganizations and the consolidation of duties are one part of this
reconciliation.
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Recommendation
It is recommended that City Council amend Personnel Resolution No. 2012-115 Classification
and Compensation Plan to include the new job classification and salary range for Deputy City
Attorney; approve the position allocation change in the City Attorney Department's budget;
authorize the recruitment for a Deputy City Attorney, and delete the Assistant City Attorney
classifications.
Fiscal Impact:
Creating the position of Deputy City Attorney facilitates a minor reorganization. in the City
Attorney Department and will result in approximately $66,000 for the remainder of this fiscal
year. Expenditures for the recommended adjustment for FY 2013/2014 will result in
approximately $142,413.
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City of Vernon
DEPUTY CITY ATTORNEY
Department: City Attorney Class Code`
Revised Date: November 6, 2012 FLSA Status: Exempt
GENERAL PURPOSE: Under general supervision, performs a variety of civil legal work; represents the City by
providing advice and counsel to City staff, departments and advisory bodies and assisting in litigation; performs
related work as assigned.
CLASS CHARACTERISTICS:
The Deputy City Attorney shall provide legal services and litigation to one or more City departments, advisory
boards or administrative commissions. This class is the basic class for all attorneys in the City Attorney's office
who do not perform management functions or legal work of a highly specialized or technical area.
PRIMARY DUTIES AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all
employees in this classification, only a representative summary of the primary duties and responsibilities.
Incumbent(s) may not be required to perform all duties listed and may be required to perform additional,
position -specific duties.
• Confers with and advises City departments, advisory boards and administrative commissions
concerning their respective duties, powers, functions and obligations; attends meetings of the City
Council, advisory boards or commissions as needed.
• Drafts, reviews and amends various legal documents including ordinances, resolutions, contracts,
leases, deeds, bonds; opinion letters, legal memoranda, ordinance fact sheets and agenda reports.
• Performs legal research in all areas of law applicable to City business.
• Under the supervision of the Chief Deputy City Attorney or the City Attorney, participates in all phases of
City litigation pending instate and federal court and before administrative bodies, including legal
research, preparationofpleadings and written discovery, court appearances, attendance at depositions
and trial preparation.
• Researches and responds to constituent inquiries and complaints in cooperation with operational -
department staff.
• Completes. special and ongoing projects and tasks as assigned by City Administrator and elected..
officials.
• Assists City Administrator with specific City Council items, special projects and requests.
Examine general claims, warrants, and demands against the City to determine their legality.
Deputy City Attorney
JOB DESCRIPTION
Deputy City Attorney
• Interviews prospective complaints and Police Officers relative to the violation of penal statues and the
filing of complaints.
• Performs legal work involved in the purchase and sale of real property by the City.
• . Checks specifications, contracts and special assessment proceedings.
MINIMUM QUALIFICATIONS:
Education and Experience:
Graduation from an accredited law school and, three years experience in the practice of law, preferably in the
area of municipal law with some litigation experience.
Required Licenses or Certifications:
• Active membership in the California State Bar.
• Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record.
Required Knowledge of:
• City organization, operations, policies and procedures.
• Thorough knowledge of California law and procedures; municipal and administrative law is desired
• Applicable state and Federal statutes, rules, codes and regulations.
• Legal; ethical and professional rules of conduct for public sector employees
• Working knowledge of the principles, methods and practices of legal research and investigation
• Judicial procedures and the rules of evidence; the pleading and practice of effective presentation of court
cases.
Required Skill in:
• Defining issues, performing legal research, and analyzing problems
• Evaluating alternatives and making sound recommendations; present statements of fact, law and argument
clearly and logically;
• Exercising sound judgment within general policy guidelines and legal parameters;
• Interpreting and applying local, state and federal laws and constitutional provisions affecting municipal
operations;
• Communicating effectively, both orally and in writing
• Establishing and maintaining effective working relationships with City officials and departments, court
officials, and the general public;
• Representing the City effectively in hearings, courts of law and in meetings with others.
• Assuming executive -level responsibilities and making appropriate decisions, while assuring compliance with
City goals and objectives.
• Investigating, analyzing and resolving complex and sensitive issues and complaints.
• Exercising controlled discretion and mediating difficult situations.
• Assuring the City's compliance with all laws, regulations, and rules.
Physical Demands I Work Environment:
• Work is performed in a standard office environment.
Deputy City Attorney