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HomeMy WebLinkAboutAgenda - 10-20-2009 - 4lORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 20, 2009 Action Agenda , Item No. G~~ SUBJECT: Creation of Additional Staff Attorney Position for the County Attorney's Office DEPARTMENT: Human Resources PUBLIC HEARING: (Y/N) No County Attorney ATTACHMENT(S): 1) Orange County Organizational Chart 2) County Attorney's Office Organizational Chart 3) Staff Attorney Job Description 4) Cost Savings Spreadsheet INFORMATION CONTACT: Michael McGinnis, Human Resources Director, 245-2552 John Roberts, County Attorney 245-2318 PURPOSE: To create an additional Staff Attorney position in the County Attorney's Office bringing the Attorney's Office to the optimal staffing level. BACKGROUND: In previous years the Board of County Commissioners utilized legal services for County government through a contract with Coleman, Gledhill, Hargrave & Peek. Geof Gledhill provided these services with the assistance of several additional legal staff. Upon the retirement of Mr. Gledhill the Board hired a County Attorney as a County position to provide legal services within the County government structure. During the FY 2009-10 budget process the Board approved the County Attorney's Office which included the County Attorney position, Staff Attorney position, and Paralegal position. The County has gradually been transitioning legal services from contract services with Mr. Gledhill to the new County Attorney's Office. To complete this transition the County Attorney's Office will need to hire a second Staff Attorney. This staffing level will allow the legal functions of Orange County to be more comprehensive, efficient, and cost effective. The County Attorney's Office will be able to provide for the timely completion of many legal tasks required by the Board and other County departments. FINANCIAL IMPACT: The Staff Attorney is classified as a grade 27 in the County's classification system. The position will cost an estimated $85,015, annually. With a January 4, 2010 start date, the prorated cost of the position is approximately $41,693, including salary, benefits, and operations. Hiring a second Staff Attorney will allow the County to discontinue the estimated $141,289 annual cost for Mr. Gledhill's contract services. Both the legal contract services and new staff attorney position are unbudgeted costs in FY 2009-10. A fund balance appropriation will be required to fund either option. 2 The County's expenditures for Board legal services functions were $592,379 for FY 2008-09. Of that amount, $492,244 was for contract legal services and $100,135 for the Staff Support. The cost of adding one Staff Attorney position to the County Attorney's Office and cone-time allocation for Mr. Gledhill's contract services will increase its FY 2009-10 budget to $454,418, yet result in a savings of $137,961 from the FY 2008-09 cost for legal services. In FY 2010-11, the County will realize the total savings of $172,610, from bringing these legal services in- house. RECOMMENDATION(S): The Manager recommends that the Board: 1. Approve a new, full-time Staff Attorney position effective January 4, 2010; 2. Appropriate $119,664 from fund balance to offset estimated new position costs ($41,693) and unbudgeted legal contract costs ($77,971) in FY 2009-10; 3. Amend the County Attorney's Office's FY 2009-10 budget to include personnel and operating expenses for the new Staff Attorney position and the unbudgeted legal contract costs; and 4. Authorize a budget amendment for the necessary expenditures. ,U~ 1- Orange County Government The People of Orange County `Board of County Commissioners County Attorney Clerk to the Board County Manager Assistant County Manager Aging Animal Services Child Support Enforcement Emergency Services Health (reports to Health Board) Library Social Services (reports to Social Services Board) Solid Waste Asset Management and Purchasing Elections Financial Services Human Resources Information Technologies 'Register of Deeds RevenuelTax Collector `Sheriff Tax Assessor • Elected Oifidals •• Jointly funded (Federal/County with partially elected Coard) '••Jdnlly funded (State/County) Assistant County Manager *"Cooperative Extension Economic Development Environment & Resource Conservation Housing 8 Community Development Parks & Recreation Planning 10/5/2009 County Attorney's Office County Attorney Grade 37 (1) Staff Attorney Grade 27 (2) Paralegal Grade 14 (1) ~- -~- Draft October 2009-10 CLASS CODE: 2710 FLSA: EXEMPT ORANGE COUNTY, NORTH CAROLINA JOB DESCRIPTION JOB TITLE: STAFF ATTORNEY COUNTY ATTORNEY'S OFFICE GENERAL STATEMENT OF JOB Under limited supervision, performs professional and administrative work in providing legal advice and representation to the County on litigation and business matters. Work involves overseeing the legal affairs of the County and its departments, offices, officials, boards, commissions and agencies. Reports to the County Manager. SPECIFIC DUTIES AND RESPONSIBILITIES ESSENTIAL JOB FUNCTIONS Supervises department employees which involves such duties as instructing, assigning and reviewing work, maintaining standards, acting on employee problems, selecting new employees, appraising employee performance, recommending promotions, discipline, termination and salary increases. Provides operational and administrative legal advice to the County Ensures County compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; recommends or initiates actions necessary to correct deviations or violations. Commences or defends in all judicial, administrative, and legislative proceedings as necessary for the protection or enforcement of the rights of the County, its officers and officials, and the general public. Researches, develops and reports on relevant case law, statutes and regulations pertinent to administrative and operational functions. Coordinates with outside counsel the defense of litigation in which the department or members are named as parties, to include notice of action, discovery depositions and interrogatories, trials and appeals; participates in all pre-trial, trial and post-trial litigation discovery, including production, depositions and the like, and arrangement of settlement offers. Provides legal review for all contracts and legally binding agreements; drafts contracts and agreements in matters initiated by the department. Represents the County in Circuit Court, Magistrate's Court and General Sessions Court. Provides legal review for personnel actions. Assists Council in development of County policies, plans, goals, and priorities. © Archer Company 2009 1 l~ STAFF ATTORNEY Receives and responds to difficult and sensitive department or community concerns and complaints. Recruits and recommends the employment of department personnel, outside counsel and experts; authorizes employment of counsel for officers, departments, boards, commissions and other agencies of the County. Commences promptly all proceedings necessary or advisable for the protection or enforcement of the rights of the County or the public. Prepares all bonds, contracts and other written instruments to which the County is a party; reviews contract specifications; prepares local bond counsel opinion letters. Approves the substance and form of County insurance policies; ensures that files are opened and insurance carriers are put on notice of tort claims against the County. Maintains custody of all Departmental and County's legal documents. Attends County Council meetings, and other meetings as necessary to present information and recommendations; serves on relevant committees; makes speeches or presentations. Attends meetings, conferences, seminars, etc., as appropriate to maintain knowledge of trends and legislation in areas of responsibility. Receives and reviews various documents, such as pleadings, summonses, complaints, litigation documentation, case law, legal opinions, briefs, court orders, contracts, agreements, and various other reports, memos and correspondence, etc. Prepares and/or processes various documents, including but not limited to legal memoranda, pleadings and motions, litigation evaluation, affidavits, opinion letters, and other records, reports and correspondence. Refers to policy and procedure manuals, computer manuals, codes /laws /regulations, publications and reference texts, etc. Operates a variety of office equipment and machinery such as copy machine, fax machine, desktop computer, printer, etc. Uses a variety of tools such as standard office tools, etc.; a variety of supplies such as general office supplies, etc.; and a variety of computer software such as word processing, spreadsheet, or other programs. Interacts and communicates with various groups and individuals such as the immediate supervisor, other department staff, other County staff, outside counsel, judges and court staff, professional peers, and the general public. ADDITIONAL JOB FUNCTIONS Performs a variety of administrative duties, including attending meetings, composing and ©Archer Company 2009 2 STAFF ATTORNEY preparing correspondence and reports, copying and filing documents, entering and retrieving computer data, assembling materials, etc. Performs related duties as required. MINIMUM TRAINING AND EXPERIENCE Requires a Juris Doctorate degree from an accredited law school and five to seven years of responsible experience in the field of law, or an equivalent combination of education, training and experience that provides the required knowledge, skills and abilities. Must possess and maintain membership in the State Bar Association. MINIMUM QUALIFICATIONS OR STANDARDS REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Physical Requirements: Must be physically able to operate a variety of machines and equipment including a computer, telephone, etc. Must be able to exert up to ten pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects. Physical demands are in excess of those for sedentary work; must be able to remain on feet for periods of time, stoop, kneel, crawl, crouch, lift, carry, push, and/or pull various weights. Data Conception: Requires the ability to compare and/or judge the readily observable functional, structural or compositional characteristics (whether similar to or divergent from obvious standards) of data, people or things. Interpersonal Communications: Requires the ability of speaking and/or signaling people to convey or exchange information; to present persuasive arguments in court. Includes receiving direction and instruction from supervisor and giving direction to subordinates and co-workers. Language Ability: Requires ability to read a variety of policies and procedures, laws, codes, ordinances, court documents, etc. Requires the ability to prepare reports, legal documents, records, correspondence, etc. with proper format, punctuation, spelling and grammar, using all parts of speech. Requires the ability to speak with poise, voice control and confidence. Intelligence: Requires the ability to apply principles of logical thinking to a wide range of intellectual and practical problems; to deal with several abstract and concrete variables. Requires the ability to use influence systems in staff supervision; to learn and understand complex principles and techniques; to make independent judgments in absence of supervision; to acquire knowledge of topics related to primary occupation. Must have the ability to comprehend and interpret received information. Verbal Aptitude: Requires the ability to record and deliver information, to explain procedures, to follow and give verbal and written instructions, to present persuasive arguments in court; to train and counsel employees. Must be able to communicate effectively and efficiently using legal terminology. Must be able to communicate with persons of varying educational and cultural backgrounds. Numerical Aptitude: Requires the ability to add and subtract totals, to multiply and divide, to determine percentages and decimals and to determine time. Must be able to use practical applications of fractions, percentages, ratio and proportion. ©Archer Company 2009 3 STAFF ATTORNEY FormlSpatial Aptitude: Requires the ability to inspect items for proper length, width and shape, and visually read various information. Motor Coordination: Requires the ability to coordinate hands and eyes using office machinery. Manual Dexterity: Requires the ability to handle a variety of items, keyboards, office equipment, control knobs, buttons, switches, catches, etc. Must have good eye/hand/foot coordination. Color Discrimination and Visual Acuity: Requires the ability to differentiate colors and shades of color; requires the visual acuity to determine depth perception, peripheral vision, inspection for small parts; preparing and analyzing written or computer data, etc. Interpersonal Temperament: Requires the ability to deal with people beyond giving and receiving instructions. Must be adaptable to performing under stress when confronted with emergency, unusual or dangerous situations. Physical Communications: Requires the ability to talk and hear: (talking: expressing or exchanging ideas by means of spoken words; hearing: perceiving nature of sounds by ear). PERFORMANCE INDICATORS Knoweedue of Job: Has thorough knowledge of the methods, procedures and policies of the County and Department as they pertain to the performance of duties of the Staff Attorney. Has knowledge of the laws, ordinances, standards and regulations pertaining to the specific duties and responsibilities of the position. Has knowledge of how to plan, organize and direct an administrative support staff. Has knowledge of how to apply supervisory and managerial concepts and principles; has knowledge of administrative principles involved in developing, directing and supervising various programs and related activities. Is able to offer instruction and advice to subordinates regarding departmental policies, methods and regulations. Is able to perform employee evaluations and to make recommendations based on results. Is able to offer training and assistance to co-workers and employees of other departments as required. Has knowledge of current principles and practices of law, courtroom /judicial procedures and processes, methods and techniques of legal research, established precedents, case law and sources of legal reference applicable to department activities. Has knowledge of how to make persuasive public presentations with confidence; is able to articulate intelligently a point of law within the pressured environment of a courtroom. Is able to organize, interpret and apply legal principles and knowledge to complex legal problems; investigate and prosecute cases; develop, prepare and direct effective prosecution strategies; research legal issues, complaints, pleadings, and points and authorities. Is able to read, interpret, apply, explain and make decisions in accordance with laws, regulations, rules, policies and procedures. Is able to analyze complex problems, evaluate alternatives, project consequences of proposed actions, and implement recommendations in support of goals; to appraise situations and people accurately and quickly and adopt an effective course of action. Has considerable knowledge of the structure, function and inter-relationships of state and local law enforcement agencies. Has extensive knowledge of legal rights of accused persons and law enforcement. Is able to deal courteously, yet firmly and effectively with the public in police situations. Has knowledge of modern office practices and equipment, including the use of computers for word processing and records management. Has knowledge of proper English usage, vocabulary, punctuation and spelling; has knowledge of basic mathematics. Is skilled in applying a responsible attention to detail as necessary in preparing court documents, reports and correspondence. Is able to take the initiative to complete the duties of the position without the need of direct supervision. Is able to use independent judgment in performing routine and non-routine tasks. Is able to learn and utilize new skills and information to improve job ©Archer Company 2009 4 -1 STAFF ATTORNEY performance and efficiency. Has knowledge of how to perform duties in a courteous manner and with the utmost integrity in the best interest of the public. Quality of Work: Maintains high standards of accuracy in exercising duties and responsibilities. Exercises immediate remedial action to correct any quality deficiencies that occur in areas of responsibility. Maintains high quality communication and interacts with all County departments and divisions, co- workers and the general public. Quantity of Work: Maintains effective and efficient output of all duties and responsibilities as described under "Specific Duties and Responsibilities." Dependability: Assumes responsibility for doing assigned work and meeting deadlines. Completes assigned work on or before deadlines in accordance with directives, County policy, standards and prescribed procedures. Accepts accountability for meeting assigned responsibilities in the technical, human and conceptual areas. Attendance: Attends work regularly and adheres to County policies and procedures regarding absences and tardiness. Provides adequate notice to higher management with respect to vacation time and time- off requests. Initiative and Enthusiasm: Maintains an enthusiastic, self-reliant and self-starting approach to meet job responsibilities and accountabilities. Strives to anticipate work to be done and initiates proper and acceptable direction for completion of work with a minimum of supervision and instruction. Judgment: Exercises analytical judgment in areas of responsibility. Identifies problems or situations as they occur and specifies decision objectives. Identifies or assists in identifying alternative solutions to problems or situations. Implements decisions in accordance with prescribed and effective policies and procedures and with a minimum of errors. Seeks expert or experienced advice and researches problems, situations and alternatives before exercising judgment. Cooperation: Accepts supervisory instruction and direction and strives to meet the goals and objectives of same. Questions such instruction and direction when clarification of results or consequences are justified, i.e., poor communications, variance with County policy or procedures, etc. Offers suggestions and recommendations to encourage and improve cooperation between all staff persons and departments within the County. Relationships with Others: Shares knowledge with supervisors and staff for mutual benefit. Contributes to maintaining high morale among employees. Develops and maintains cooperative and courteous relationships inter- and intea-departmentally, and with external entities with whom the position interacts. Tactfully and effectively handles requests, suggestions and complaints in order to establish and maintain good will. Emphasizes the importance of maintaining a positive image. Coordination of Work: Plans and organizes daily work routine. Establishes priorities for the completion of work in accordance with sound time-management methodology. Avoids duplication of effort. Estimates expected time of completion of elements of work and establishes a personal schedule accordingly. Attends meetings, planning sessions and discussions on time. Implements work activity in accordance with priorities and estimated schedules. Maintains a calendar for meetings, deadlines and events. Safetv and Housekeeping: Adheres to all safety and housekeeping standards. Sees that the ©Archer Company 2009 5 l~ STAFF ATTORNEY standards are not violated. DISCLAIMER: This job description is not an employment agreement or contract. Management has the exclusive right to alter this job description at any time without notice. ©Archer Company 2009 6 Cost Savings Contract and In-House Services Estimates FY 2008-09 FY 2009-10 Fy 2010-11 Contract Contract Services/ No Services/ No New Staff New Staff New Staff New Staff Orange County's Current Cost Contract Attorney Attorney Attorney Attorney for Legal Services Services Postion Position Postion Position County Attorney's ©ffice, Annual Bud et 0 334,754 334,754 334,754 334,754 (2) (3) Contract Le al Services 492,244 141,289 77,971 141,289 0 Staff Su ort~'~ 100,135 0 0 0 0 ~a~ Additional Staff Attorne Position 0 0 41,693 0 85,015 Total Cost $592,379 $ 476,043 $ 454,418 $ 476,043 $ 419,769 Cost Savings $ (116,336) $ (137,961) $ (172,610) (1) Duties performed by the Policy and Compliance Officer and later the Staff Attorney averaged 65.12 hours. hours from September-December 2009 and 5 hours from January-June 2010. (3) July 2009 -December 2009 Contract Services. (4) Staff Attorney (Grade 27 - 1.0 FTE) effective Monday, January 4, 2010. -~