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HomeMy WebLinkAboutAgenda - 12-01-2014 - 7bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 1, 2014 Action Agenda Item No. 7 -b SUBJECT: Establishment of a New Full Time Position for the Orange County Sheriff's Office — Legal Advisor to the Sheriff DEPARTMENT: Sheriff & Human Resources ATTACHMENT(S): Job Class Specification PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: Brenda Bartholomew, Human Resources Director, (919) 245 -2552 Charles Blackwood, Sheriff -Elect 1 PURPOSE: To consider approval of a new full time position, Legal Advisor to the Sheriff, for the Orange County Sheriff's Office. BACKGROUND: Sheriff -Elect Charles Blackwood has requested a new full time position for the Orange County Sheriff's Office. The position of Legal Advisor to the Sheriff would be responsible for providing legal counsel as necessary in the management and operations of the Orange County Sheriff's Office. The incumbent would be primarily responsible for legal advice to and legal representation of the Sheriff of Orange County and his staff. Under limited supervision, the Legal Advisor would perform professional and supervisory work, advising the Sheriff on criminal law and procedures to include investigative procedures, substantive law, criminal procedure, civil liability, detention matters, and sufficiency of evidence for court, including but not limited to serving warrants and overseeing legal search and seizure. The incumbent would also perform administrative and legal duties and tasks specific to the position. The incumbent would exercise considerable initiative and independent judgment in various phases of work and would report to the Sheriff. The minimum qualification for this position is a Juris Doctor Degree and 2 to 5 years of experience in the practice of law in a local government or experience in providing legal assistance in a government municipality or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Further, an incumbent must possess a license to practice law in the State of North Carolina, hold a valid North Carolina Driver's License, and be available for emergency /on -call /after hour response. North Carolina General Statute § 153A -103 states the board of commissioners may fix the number of salaried employees in the office of the sheriff. In exercising the authority granted by this section, the board of commissioners is subject to the following limitations: (1) A sheriff elected by the people has the exclusive right to hire, discharge, and supervise the employees in his office. However, the board of commissioners must approve the appointment by such an officer of a relative by blood or marriage of nearer kinship than first cousin or of a person who has been convicted of a crime involving moral turpitude. (2) A sheriff elected by the people is entitled to at least two deputies who shall be reasonably compensated by the county. Each deputy so appointed shall serve at the pleasure of the appointing officer. Under the Code of County Ordinances § 28 -80, a new permanent position may be established only by the Board of County Commissioners. The County Manager makes any new position recommendation to the Board and includes with it any necessary amendment to the classification plan. The Human Resources Director has reviewed the position description questionnaire submitted on behalf of the Sheriff -Elect and other similar classifications within the current class plan with respect to job responsibilities, knowledge, skills and abilities, and minimum qualifications necessary for the performance of Legal Advisor to the Sheriff. The Human Resources Director proposes that the position would appropriately be classified as a Grade 24, exempt class position. The salary range for a Grade 24 position is as follows: entry 1st quarter mid -point 3rd quarter maximum 59,347 68,821 78,295 87,700 97,244 FINANCIAL IMPACT: There is no financial impact associated with the Board establishing the Legal Advisor to the Sheriff position. In preparation for possible approval of the position, Sheriff -Elect Blackwood has already identified a proposed candidate to fill the position at a proposed salary of $73,000, with a total proposed salary and benefits of $92,442. Funding to cover the costs for this position for the remainder of FY 2014 -15 is available in the current Sheriff's Department budget. RECOMMENDATION(S): The Manager recommends the Board establish the new full time position of Legal Advisor to the Sheriff (Grade 24) (exempt) effective upon approval by the Board. K LEGAL ADVISOR TO THE SHERIFF DISTINGUISHING FEATURES OF THE CLASS: Under the general direction of the Orange County Sheriff, the incumbent in this class is responsible for providing legal counsel as necessary in the management and operations of the Orange County Sheriff's Office. The incumbent is primarily responsible for legal advice to and legal representation of the Sheriff of Orange County and his staff. Under limited supervision, performs professional and supervisory work advising the Sheriff on criminal law and procedures to include investigative procedures, substantive law, criminal procedure, civil liability, detention matters, and sufficiency of evidence for court, including to but not limited to serving warrants and overseeing legal search and seizure. The incumbent performs administrative and legal duties and tasks specific to the position. The incumbent must exercise considerable initiative and independent judgment in various phases of work. The incumbent may perform other related duties and tasks, as required and shall have the physical, mental and emotional abilities to perform the essential job duties of the position. The incumbent reports to the Sheriff. TYPICAL WORK ACTIVITIES: This is an example listing of typical work activities and the incumbent may be responsible for performing other law enforcement related duties and responsibilities as required or assigned by the Sheriff. Advises the Sheriff on legal aspects of major issues and policies of Orange County and preparing legal actions and administrative proceedings in the interests of the County and /or Sheriff's Office; Provides advice and counsel to criminal investigators on investigative procedures involving searches, interrogation law and evidentiary foundations and offering advice, evaluating pending criminal cases and drafting search warrants in complex or unusual cases and consulting in the field during developing situations; Prepares and reviews legal documents on behalf of the Sheriff, ensuring compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures and recommends actions necessary to correct deviations or violations and advising the Sheriff of his or her authority under Federal, State and local law; Drafts and reviews legislation, legal opinions, memorandum, reports or other legal documents as necessary and advising the Sheriff appropriately on legal matters pertaining to operations, policies and other aspects of Sheriff business; Formulates and reviews policies of the Sheriff's Office to ensure compliance with state and federal laws and accreditation standards and assists Sheriff in policy implementation; reviews disciplinary files and internal investigations, and provides professional guidance on legal strategies, case assignments and appeals; Advises Sheriff and Sheriff employees on the legal consequences of their acts; Provides assistance in legal actions and proceedings brought by or against the Sheriff's Office in state and federal courts and coordinating legal representation with County Attorney and retained outside counsel on civil litigation involving the Sheriff's Office as necessary; Provides legal review for all contracts and legally binding agreements related to the Sheriff's Office; Participates in meetings and conferences, as directed by the Sheriff, as the representative of the Sheriff's Office; Keeps abreast of developments in the field of law enforcement; M Serves as liaison to other County departments on projects and issues impacting the Sheriff's Office; Assists in the administration of personnel requirements including providing and developing in- service training on significant case law and legislation, reviewing established case law impacting the Sheriff's operations and participating in management decision - making and organizational structure, training, resource allocation and policy development. KNOWLEDGE, SKILLS, ABILITIES AND CHARACTERISTICS: Comprehensive knowledge of federal, state and municipal laws governing the State of North Carolina; thorough knowledge of criminal law and criminal procedure and the programs of the Sheriff's Office; thorough knowledge of North Carolina law pertaining to the operations, authorities and responsibilities of local government; thorough knowledge of the principles and procedures of civil law, especially as related to County government; thorough knowledge of judicial and quasi - judicial procedures and rules of evidence; thorough knowledge of federal case law dealing with civil liability of the Sheriff's Office and its officers arising out of law enforcement and jail operations; good knowledge of statutory provisions applying to rules of order; good knowledge of legal research and investigation methodology; good knowledge of the current literature, trends and developments in the field of governmental law; working knowledge of County government structure and operations; working knowledge of the principles of supervision, organization and administration; ability to interpret and apply laws and court decisions, and to use legal source material in technical research; ability to direct and evaluate the work of staff personnel; ability to effectively express ideas orally and in writing; ability to establish and maintain effective working relationships as necessitated by work assignment; ability to analyze legal issues and identify significant cases that may affect County government and the Sheriff's Office; skilled in legal writing; skilled in collaborative conflict resolution, negotiation and meeting facilitation; skilled in strong interpersonal and managerial skills; demonstrates sound professional judgment; initiative; resourcefulness; dependability; physical condition commensurate with the requirements of the position MINIMUM TRAINING AND EXPERIENCE: Juris Doctor Degree *, and 2 to 5 years of experience in the practice of law in a local government or experience in providing legal assistants in a government municipality or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. SPECIAL REQUIREMENT: License to practice law in the State of North Carolina and possess a valid North Carolina Driver's License. Must be available for emergency /on- call /after hour response. *SPECIAL NOTE: Education beyond the secondary level must be from an institution recognized or accredited by the North Carolina State Education Department as a post- secondary, degree - granting institution.