HomeMy WebLinkAboutAgenda - 12-15-1998 - 8oOrange County
Board of Commissioners
Action Agenda Item Abstract
Meeting Date: December 15, 1998
Action Agenda
Item No. S-d
Subject: Sheriff s Department Legal Support and
Classification Plan Amendment for Legal Specialist
Department: Sheriff's Department and Personnel Public Hearing: Yes No X
Budget Amendment
Needed: Yes No X
Attachment(s):
New Legal Specialist Class Specification
Information Contact:
Sheriff Lindy Pendergrass
Extension 2909
Elaine Holmes, Personnel Director
Extension 2550
Telephone Number:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
Purpose: To consider a policy change to provide for certain legal support
services within the Sheriffls Department and to consider an amendment
to the Orange County Classification and Pay Plan to establish a new
class of Legal Specialist at Salary Grade 69 ($31,536 - $50,143).
Background: Original Agreement for Legal Support Services
Orange County contracts with the law firm of Coleman, Gledhill &
Hargrave, P.C. for legal services that shall be required from time to
time to represent Orange County. That contract excludes the provision
of advice and counsel to the Sheriff in criminal actions. Specifically it
states: "It is expressly understood and agreed that Attorneys will not
provide and have not in the past provided advice and counsel to the
Orange County Sheriffls Department in its investigation and
prosecution of criminal actions. "
The reason Coleman, Gledhill & Hargrave does not provide legal
services in criminal actions is that it would represent a conflict of
interest for the firm to be assisting criminal defendants if it also is
advising the Sheriffs Department on these matters.
2
The plan has been that such services would be provided by the District
Attorney's office. To this end, the contract states: "The Sheriff's
Department is entitled to and provided advice and counsel concerning
such matters [criminal actions] from the District Attorney of the judicial
district wherein Orange County lies as provided in North Carolina
General Statutes 7A-61."
Current Practices for Legal Support Services
Over time the Sheriff's Department has experienced an increasing
volume of criminal action related issues and questions requiring legal
support. At the same time staffing and caseloads in the District
Attorney's office have limited the support available.
The types of legal support that have been needed include functions not
covered by the District Attorney under the General Statutes as outlined
in Items 1 through 4 below. Functions covered by the District Attorney
under the General Statutes as outlined in Items 5 through 7 below are
functions for which only limited staff support has been available.
1. Advice on correct process and procedure in such matters as child
custody orders, domestic violence, restraining orders, involuntary
commitments, collections of judgements and the like, including
drafting and interpreting custody and restraining orders.
2. Drafting policy and procedure from the perspective of legal process.
3. Assisting with the preparation of court cases and presenting these
cases to the District Attorney.
4. Providing legal input on how to reduce liability before and after an
incident
5. Review and advice on changes in criminal law and procedure such
as the new mandates on sex offender registration.
6. Advising on pre-arrest matters such as search warrants and
otherwise assisting deputies in police law.
7. Researching, analyzing and interpreting legal issues and preparing
necessary documentation and recommendation for action.
The Sheriffs Department currently has an employee, Domestic
Violence Coordinator Virginia Hudson Fuller, who has a law degree and
legal experience. Because of her qualifications she has been providing
part time legal support to the Sheriff in addition to her domestic
violence duties. These legal support duties include the functions
outlined above. Presently, the domestic violence duties constitute
about 60 percent of Ms. Fuller's time and the legal support duties are
about 40 percent of her time.
The position's functions are limited to legal research, advice and input
and do not include the full scope of functions of an attorney such as
practicing law in court.
3
The Sheriff asked Personnel to conduct a classification study of the
Domestic Violence Coordinator position taking into consideration the
new legal duties and responsibilities that the position has assumed.
The position currently is at salary grade 67 in the Classification and Pay.
Plan. Personnel has conducted the classification study and determined
that the new legal duties and responsibilities are at a higher level of
complexity than the original duties and that the position, based on
these duties, warrants a higher salary grade.
Based on the classification study and review of available labor market
information, Personnel is recommending that a new class of Legal
Specialist at Salary Grade 69 be created and that the Domestic
Violence Coordinator position held by Ms. Fuller be reclassified to
Legal Specialist at Salary Grade 69. Please note the. recommended
classification and salary grade does not reflect the salary of a practicing
attorney.
Funds to implement this change are available within the approved
budget for fiscal year 1998-99.
Recommendation: The Manager recommends the Board approve:
^ The legal support services described above as a function within the
Sheriffs Department and
^ An amendment to the Classification and Pay Plan to establish a
new class of Legal Specialist at Salary Grade 69.
is\elgin\classify\sheriffl601 abs.doc
12-3-98
C7175 - 12/98
LEGAL SPECIALIST
GENERAL DEFINITION OF WORK•
Performs difficult professional work coordinating services and assistance for victims of
domestic violence and providing legal input to the Sheriff s department on legal matters.
Work is performed under general supervision.
TYPICAL TASKS:
Establishes and maintains a comprehensive coordinated criminal justice and community
related assistance program for victims of domestic violence;
Provides direct services to domestic violence victims involving crisis intervention,
information and referrals, system support and follow-up;
Establishes links with law enforcement agencies, the criminal justice system and other
community agencies to coordinate services for domestic violence victims;
Provides victim support throughout court process including notification of court date,
information about court room procedures, court accompaniment and follow-up;
Provides legal input and assistance to the Sheriff and staff personnel;
Researches, analyzes and interprets legal issues and prepares necessary documentation
and recommendations for action;
Provides legal input on how to reduce liability before and after an incident, and advise in
the areas of custody, domestic violence, collection of judgment and involuntary
commitments;
Drafts court orders for child custody and restraining; ensures orders are enforceable and
informs Deputies of orders;
Provides in-service training to Deputies and to various agencies on rights, laws and
resources that are available;
Informs department staff of changes and updates in the law and legal procedures;
Serves as a liaison between the Sheriff s Department and the District Attorney's Office;
Performs related tasks as required.
KNOWLEDGE. SKILLS AND ABILITIES•
Thorough knowledge of North Carolina law in relation to operations, authority and
responsibilities of the Sheriff's Department; thorough knowledge of the principles and
procedures of law in relation to custody, domestic violence, collection of judgment and
involuntary commitments; thorough knowledge of the court system, court room
procedures and domestic violence issues; ability to draft legal documents; ability to
recognize and interpret legal problems and issues before they arise; ability to
communicate effectively, both orally and in writing; ability to work with a variety of
people with varying social, economic, ethnic and racial backgrounds; ability to establish
and maintain effective working relationships with complainants, attorneys, criminal
justice and law enforcement agencies, human service organizations and the general
public.
EDUCATION AND EXPERIENCE:
Any combination of education and experience equivalent to graduation from an
accredited college or university with major course work in criminal justice, law, or
related field and at least 2 yeazs experience which may include any of the following:
paralegal experience; working with victims of domestic violence; reseazching and
interpreting legal issues; reviewing and drafting legal documents or other related
functions.
4