AGENDA
ITEM
13 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
13 CITY COUNCIL
AGENDA STAFF REPORT
DATE: October 2, 2024
TO: Mayor and City Council
APPROVED BY: Juan Contreras, Acting City Manager JAL
PREPARED BY: Denise Garcia, H.R./R.M. Managine Sarca
SUBJECT: Approval of the Job Description for an In-House City Attorney =============: ======================================
Recommendation:
Approve the job description for the position of an in-house City Attorney.
Background:
City Council provided staff with direction to create a job description for an in-house City Attorney.
Currently, legal counsel is provided by the law firm of Best, Best & Krieger. The in-house City Attorney would be required to have a vast knowledge and experience in municipal law, employment law, land use law, and/or litigation, including management experience within a public entity. The position will receive direction and oversight from the City Manager as an executive level manager in the Administrative office of the City Manager.
Discussion and Analysis:
This position is not currently budgeted for FY 2024-25. An approved job description must be approved, and a salary determined prior to beginning the recruitment and/or hiring process. A budget amendment request would need to be submitted to Council identifying and allocating a funding source for 2024/25.
Fiscal Impact:
$197,784.72 for 24/25 calculated at Range 70, Step 2; D.O.Q. during prospective contract negotiations.
Coordinated With:
Administration
Finance Department
Attachments):
1. City Attorney (In-house) Job Description
ATTACHMENTNO.1
* COUNTY, CA
CITY OF CALEXICO
CLASS TITLE: CITY ATTORNEY
MONTHLY: $9,780 - $11,887 RANGE: G-70
CLASSIFICATION RESPONSIBILITIES:
Definition:
The City Attorney serves as the chief legal advisor to the City and is responsible for providing legal services to the City Council, the City Manager, assigned departments, boards, committees, and commissions; representing the City before administrative agencies and the courts of the United States and California; enforcing the laws and policies of the City through administrative citation process and in the courts; overseeing the work of designated subordinate staff; and exercising first level oversight of outside counsel who provide legal services on issues arising from other departmental operations.
SUPERVISION RECEIVED AND EXERCISED: This classification has been designated as a non-classified, at-will position. The City Attorney is appointed by the City Council and receives general direction from the City Manager who reviews work through conferences and results achieved. This class is FLSA exempt.
Essential Duties:
The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those below, to address business needs and changing business practices:
• Advise: Provide legal services to assigned City departments, including: performing highly complex legal research and preparing written and oral opinions on various legal issue for the City Council, City departments and boards, committees, and commissions: serving as chief advisor to City boards, committees, and commissions; conferring with and rendering assistance to the City Manager and department heads in establishing policies by applying legal points and procedures and recommending changes in policies and procedures to meet legal requirements; preparing and reviewing ordinances, resolutions, contracts, deeds, leases and other legal documents and instruments and offering opinions as to such documents' legal acceptability when presented to the City for consideration by an outside agent or agency; conferring with and advising City officials, staff, departments, and advisory bodies on legal questions pertaining to their respective powers, duties, functions, and obligations; managing and participating in the development and implementation of goals, objectives, policies, and priorities for assigned programs; and recommending and administering policies and procedures.
SEPTEMBER 2024
• Represent: Represents the City before the courts and administrative agencies that have jurisdiction over the City and its business, including: exercising stewardship responsibility over all forms of litigations as it arises out of the business and operations of City departments; attending various City Council and board, committee, and commission meetings and in court as required; representing the City, and overseeing its representation, in highlight sensitive litigation and coordinating and communicating with outside consultants and legal counsel; preparing cases for hearings, trails and other judicial proceedings and representing the city in such proceedings; developing and maintaining effective and extensive professional relationships with representatives of other local, state, and federal agencies; and monitoring proposed legislative and court decisions related to municipal law and activities that impact City operations. • Enforce: Enforce the laws and policies of the City through the administrative citation process and in the courts that have jurisdiction over the enforcement of City rules, regulations, and laws. Oversees the enforcement of department policies and procedures, and the maintenance of proper records and reference facilities.
Administer: Administer all legal services; work on matters arising from their duties, including: participating in developing, planning and implementing the goals and objectives of the City Manager; administering approved policies and procedures; coordinating the activities of the City Attorney's office with other departments and outside agencies and organizations; and advising appointed and elected officials, City Manager, and departments of legal issues related to the development of City policies. Organizes, interprets, and applies legal principles and knowledge to complex legal problems. Prepares civil cases for trial.
Comprehends and makes inferences from written material to provide legal representation and advice. Analyzes narrative and statistical data to make recommendations regarding legal issues affecting the City.
• Communication: Advise the Mayor, City Manager, and City Council regarding legal matters affecting the City. Attends various board, commission, and City Council meetings to advise on legal problems and questions. Answers communications from the public relative to legal matters affecting the City. Advises taxpayers concerning municipal codes and ordinances. Tries cases before county, state, and federal courts. Works effectively with legal specialists engaged by the City for the preparation and trial of unusually complex and important cases in which the City may be involved. Prepares legal opinions, court papers, contracts, ordinances, resolutions, deeds, leases, and other legal documents with clearly organized thoughts using proper sentence construction, punctuation, and grammar.
Assists in forming proposed legislation for enactment by the state legislature on matters of interest to the City. Instructs others in legal matters.
DISTINGUISHING FEATURES:
This classification has been designated as a non-classified, at-will position. The City Attorney is appointed by the City Council and receives general direction from the City Manager who reviews work through conferences and results achieved. This class is FLSA exempt-executive.
SEPTEMBER 2024
QUALIFICATIONS:
To perform this job successfully, an individual must be able to perform each essential function.
The requirements listed below are representative of the knowledge, skill, and/or ability required.
Knowledge of:
Legal principles and practices, including municipal, civil, criminal, constitutional and administrative law and procedures;
City Codes, City Ordinances, and City Council Policies; Principles and practices of personnel management and supervision; Advanced principles of municipal planning, CDBG and grant administration, labor negotiations, public relations, public safety resources, annexation, and state and federal legislative projects; Methods of legal research;
Tort law and liability insurance litigation;
Judicial procedures and rules of evidence;
Statutes and court decisions relating to civil rights and public labor law; Ordinances, statutes, and court decisions relating to municipal corporations; and Organization and operating procedures of a City Attorney's office.
Ability to:
Represent the City in a wide variety of judicial and administrative proceedings; Research and analyze and prepare sound legal opinions on a wide variety of legal issues and understand legal, practical, and other consequences and provide advice on resolution of legal and political issues;
Communicate clearly and concisely, both orally and in writing; Analyze and prepare a wide variety of legal documents;
Interpret and apply City policies, procedures, rules and regulations; Select, supervise, train and evaluate personnel;
Prepare and present cases;
Perform complex legal work requiring the use of independent judgment; Work independently in the absence of supervision;
Work cooperatively and efficiently in a team environment; Regularly and predictably attend work;
Follow directions from a supervisor;
Understand and follow posted work rules and procedures; Accept constructive criticism; and
Establish and maintain cooperative working relationship with those contacted in the course of work.
This position may be required to work evening and weekend hours as needed to attend meetings and perform other necessary duties associated with the position.
Physical Requirements:
Work is performed in an office environment with frequent interruptions and may require occasional travel to off-site facilities. Job duties involve sitting, standing, and walking for prolonged or intermittent periods of time, and reaching, bending, and twisting at the waist to perform desk work and operate general office equipment, including a personal computer and keyboard, for prolonged or intermittent periods of time. The operation of a personal computer SEPTEMBER 2024
also requires finger and wrist dexterity and the ability to withstand exposure to vibration, pitch, and glare from the computer. Must be able to safely lift and carry books, files and reports weighing up to 25 pounds. Must be able to lift files and reports from counter tops or file drawers.
QUALIFICATIONS, LICENSES AND OTHER REQUIREMENTS:
Minimum Qualifications Required: Completion of coursework leading to a bachelor's degree from a college that is accredited by an agency recognized by the United States Department of Education and a Juris Doctorate from an American Bar Association accredited law school.
Seven years of increasingly responsible professional legal experience in municipal law, employment law, land use law, and/or litigation, including three years of management and supervisory experience with a public entity.
License/Certificate:
Active membership in the California State Bar Association at the time of application.
Due to the performance of some field duties which require the operation of a personal or City vehicle, a valid and appropriate California driver's license and an acceptable driving record are required.
SEPTEMBER 2024