County Attorney's Offiee

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1 County Attorney's Offiee CA01. Reduce the number of part time attorneys County Attorney's office Target outcome: Potential Financial Impact: Cost savings FY2014: 5300,000 in savings and increase full-time staffing in Overview The County Attorney's office serves as the chief counsel 10 Shelby County Government. As of January 2013, the County Attorney's office had 17 full-time attorneys and 11 part-lime attorneys to handle matters ranging from issuing legal opinions requested by divisions and elected officials 10 drafting legislation and representing the County in active litigation. In calendar year 2012, the office's attorneys responded to 147 "review and advise ft requests (informal opinions), issued 24 formal opinions, managed 350 pending litigation matters, reviewed andlor drafted/negotiated nearly 4,600 contracts and renewals and responded to over 200 public records requests. In FY2012, 84.8 percent ($3.2 million) of the County Attorney's $3.8 million in expenditures were related to personnel. The remaining $0.6 million was primarily attributable to outside legal counsel ($0.4 million) and miscellaneous internal service charges and operational expenses ($0.2 million). Opportunities for InnovationfTransformation The County Attorney's workload is driven, in part, by outside factors such as affirmative litigation and requests for assistance/representation from other divisions and elected officials. To deal with the ebb and now of litigation and to add several experienced litigators on a less than fulltime basis, the County Attorney's office employs 11 part-time Assistant County Attorneys who earn a reduced salary, receive health benefits and are eligible for pension benefits. Between July 2012 and January 2013, part-time County Attorneys performed 2,915 hours of work at an average hourly salary and benefit rate of $152. The County plans to spend approximately $760,000 on part-time County Attorney salaries and benefits in FY2013. A fun~ time Assistant County Attorney (non-supervisory) earns approximately $80,000 in salary and an additional 25 percent of salary in fringe benefits (using estimated FY2012 department-wide average) - for a fuljy~joaded cost of nearly $100,000 per full-time Assistant County Attorney. Assuming that an Assistant County Attorney is paid to work approximately 260 days per year, uses a combination of vacation, sick and paid holiday time to reduce actual working days to 220 and works 8 hours per day of which 6 are "productive, billable-type hours," then a fuji-time County Attorney would work approximately 1,320 such hours in a year. At the current rate, parttime County Attorneys are projected to work approximately 5,000 hours in FY or the equivalent of 3.85 full-time County Attorneys. It may be more cost-efficient and productive for the County to hire several additional full-time Assistant County Attorneys. Using the above assumptions, three full-time Assistant County Attorneys would perform 3,960 hours of productive, billable work in a year at an hourly rale of Efficiency Review Shelby Counly, Tennessee Page 99

2 $75.75 (5300,000 divided by 3,960 hours). The part-time attorneys are projected to work nearly 5,000 hours in FY2013 and will cost the County approximately 5760,000 - an hourty rate of S While it appears to make financial and operational sense for the County 10 add additional fulltime attorneys, it should also retain the flexibility to use a reduced level of part-time attorneys and outside counsel. There are various reasons to retain part-time allorneys and outside counsel, including: \15 Experience and expertise in specialized areas not found internally Provide additional capacities on a temporary basis Utilize technological capabilities developed by a firm to achieve efficiencies Shift loss risk (I.e. contingency agreements) Potential Financial Impact The average part-time County Attorney hourly cost is approximately twice that of a full-lime Assistant County Attorney; versus $ The County has an opportunity 10 significantly reduce the utilization of part-lime County Attorneys and instead "insource ft some of the work by hiring several full time Assistant County Attorneys with fully-loaded costs of 5100,000 each. Assuming the County hired three full-time Assistant County Attorneys, it would achieve 3,960 hours of work at an hourly rate of $75.75 (half the hourly rate of part-time County Attorneys) and generate savings of approximately 5302,000 per year. 116 '" Michael Booden, Deirdre Breklle. ScalI Mayer, John Skonberg. "Best PraCllces in Hiring Outside Counsel: Association of COll)(lfatc Counsel of America Annual Conference Presenlalion, Qclobcr " hours at per hour ($ ) plus hours at $ per hour ( ) equals a lotal of _ or S less than the current lotal of $760,000. Erfidency Review Shelby County, Tcrmessec Page too

3 Net Expenditures By Department Administration & Finance Division Fund Dept Dept Description All Funds FY10 FY11 FY12 FY13 FY14 Actual Actual Actual Amended Proposed GENERAL FUND Mayor's Office , , , , Public Affairs 758, , , , , CAO 2,062,639 2,234,646 2,877,965 3,341,214 3,475, County Attorney 3,620,658 3,698,587 3,724,597 3,696,111 3,"4, Director 579, , , , , central Operations (226,189,247) (238, ) ( ,455) (253,427,808) ( ,269) County Grants 306,000 1, ,692,000 1,337,000 SOO,OOO Human Resources 3,122, , ,060 3,426,847 3,374, Purchasing 658, , Finance 2, ,182,522 2,243,198 2,426, Board of EqualiZation 560, , , Election Commission 2,494,480 3,871,455 1,690,983 4,333, ,478 GENERAL FUND TOTAL (209,643,679) (218,630,982) ( ,482) (232,037,372) (227,658,668) SPECIAL REVENUE FUND Hotel-Motel Tax Fund 13,122,509 2,127,224 (2,250,572) Car Rental Tax Fund TDZ Sales Tax Fund 3, Economic Development (8, ) SPECIAL REVENUE FUND TOTAL 13,122,609 2,127,224 (7,727,886) GRANT FUNDS TOTAL 108,121 1,547,947 (1,601,161) 1 ADMINISTRATION & FINANCE TOTAL ( ) (214,966,810) (236,040,628) (232, ) (227,668,666) Administration & Anance 7

4 FTE Position Count Administration & Finance Fund Dept Dept Desc:rlpllon All Funds FY10 FY11 FY12 FY13 FY14 FY13 14 Budget Budget Budget Budget Proposed Change GENERAL FUND 010 '001 ~;\ayo(s Olf ce 50 '0, Publoc Affairs 120 ' CAO 150 ' Counly Attorney D fec10r, ' Human Resources '0 201 ~ Pl;'d'laS "9 100 ' '0 0' Finance ' Bealo 01 E'll,;al ZallO" SO ' Election CommiSSion 250 2~ 0,. 0 2~ 0 TOTAL POSITIONS GENERAL FUND '<0 201,0 '" ' GRANT FUNDS '0 60 '.0 '.0 SO (1.0) TOTAL POSITIONS - ALL FUNDS ) B! :olwmed~ Sf ASSIstant COll"r.. Alfcme.. P05I~IQ" Itom parlllnle r 5110 f"li-l~ r II FTE Positions by Department Purchasing 4'. Finance 15% ElectIon Commission Board of Equalization 4% I 12% Mayor's Office 2% Public Affairs 3% -:j;jj.,...~_cao " 12% Human Resources 30% Adm'OISlfallOn & Finance 8

5 CITY ATTORNEY LEGAL LEVELS City Attorney The Office of the City Attorney is committed to providing advice, opinions, claims service, and legal representation on behalf of the City of Memphis Administration, City Council, various divisions, agencies, boards, commissions and employees ofthe City ofmemphis government. Operating BUdget FY 2012 FY 2013 FY 2013 FY 2014 Category Actual Adopted Forecast Projected Personnel Services 4,284,172 4,309,140 4,301,619 4,385,322 Materials & Supplies 9,841,702 5,371,916 7,510,307 5,195,937 Total Expenditures 14,125,874 9,681,056 11,811,926 9,581,259 Program Revenue (468,356) 0 (6,028) 0 Net Expenditures 13,657,518 9,681,056 11,805,898 9,581,259 Funded Staffing Level Authorized Complement 58 Legal level consolidation of City Attorney's Office, Claims. Risk Management. Telecom Franchise, Delinquent Collections, Permits, Grants Compliance, Ethics Office and Civilian Law Enforcement Review Board. ~ 2014 FISCAL YEAR ~ Operating Budget 30