CITY OF GREENACRES INTEROFFICE MEMORANDUM JA1.04

Transcription

1 CITY OF GREENACRES INTEROFFICE MEMORANDUM JA1.04 TO: FROM: RE: Mayor and City Council Wadie Atallah, City Manager City Council Discussion City Attorney Selection Process DATE: April 10, 2015 Background: At the City Council meeting on March 16, 2015, the Council agreed that in light of the letter of retirement of City Attorney Pamela Terranova, the Council should discuss the process of hiring a City Attorney at the Council meeting of April 20, Staff has prepared the following information to facilitate Council s discussion of the process. Analysis: The City Charter prescribes the position of the City Attorney, who is appointed by the Council and serves as the chief legal advisor of all offices, departments and agencies and of all officers and employees in matters relating to their official powers and duties. The City Attorney can be a city employee (as has been the case for the last 20+ years) or a law firm (as was the case prior to the current City Attorney). Information about the Position of City Attorney as compiled from the City Charter, budget and operating procedures is attached. For comparative purposes, a spreadsheet showing how legal services are provided in different cities (Law Firm or Employee) and the cost for those services is also attached. In order to proceed with hiring a City Attorney, the City can advertise the position as an employee or proceed with a Request for Proposals (RFP) for Legal Services - City Attorney, for attorneys and law firms to submit their qualifications and credentials for review and selection by the Council. Financial: The attached spreadsheet shows the cost of Legal Services for the City and some adjacent and similarly sized municipalities.

2 JA1.04 Page 2 of 2 Legal: The advertising of the position and/or the RFP will be in accordance with the requirements of the City Code and policies. Staff Recommendation: Staff is seeking direction from the City Council at its April 20, 2015, meeting on how to proceed with the selection process. Wadie Atallah City Manager WA/ja Attm: City Attorney Position Information City Attorney/Legal Services Expenditures

3 Attachment 2 City Attorney/Legal Services Expenditures Sample of smaller, comparable and larger cities City Population Attorney FY 12* FY 13* FY 14* FY 15* Lantana 10,583 Law Firm $156,695 $151, ,075 $131,670 North Palm Beach 12,184 Law Firm $150,000 $130,000 $160,000 $140,000 Riviera Beach 33,369 Emp. $393,734 $401,711 $578,222 $653,607 Royal Palm Beach 34,925 Law Firm $299,100 $250,104 $694,610 $281,000 Lake Worth 35,555 Law Firm $1,046,648 $883,035 $837,214 $825,033 Greenacres 38,172 Emp. $142,860 $156,089 $135,184 $141,957 Palm Beach Gardens 49,434 Law Firm $348,761 $356,382 $341,526 $345,434 Wellington 58,108 Emp. $697,512 $768,933 $689,358 $923,495 *Information from Budget and CAFR

4 Attachment 1 City Attorney Position The following is a synopsis of the City Attorney s position as compiled from the City Charter, City Budget and operating procedures. City of Greenacres Charter, Article VIII, Section 3. - City Attorney: The Council shall appoint a City Attorney who shall be the chief legal advisor of all offices, departments and agencies and of all officers and employees in matters relating to their official powers and duties. It shall be the City Attorney's duty to perform all services incidental to this position as may be required by statute, by this Charter or by ordinance. The City Attorney shall be appointed solely on the basis of professional qualifications; further, no elected officer of the City shall be appointed as City Attorney for a period of two (2) years after leaving office. The City Attorney shall be appointed by a majority vote of the full Council, and shall serve at the pleasure of the Council. Removal from the position shall be by a vote of the majority of the full Council. Duties and responsibilities include and are not limited to the following: 1. Serves as the chief legal adviser to, and represents, elected or appointed officials, boards and commissions, and employees in the course and scope of their official duties or employment, respectively. 2. Attends meetings of the City Council, Code Enforcement Board, Building Board of Adjustments and Appeals; Zoning Board of Adjustment and Appeals, Civil Service Board and renders legal advice on matters on the agenda and provides parliamentary guidance concerning the conduct of each of the meetings of the City Council and Boards. The meeting schedules are as follows: BOARDS / MEETINGS DATES TIME City Council Meetings First & Third Mondays of each month. 7:00 p.m. Code Enforcement Board Zoning Board of Adjustments & Appeals Other Boards One (1) meeting per month on Wednesday Generally 4-6 meetings per year. On an as needed basis, last Tuesday of each month. On an as needed basis. 3:00 p.m. 7:00 p.m. 3. Renders oral and written legal opinions to the Mayor and Council, City Manager, and Department Directors and other City staff as requested. 4. Advises City staff on daily legal issues; reviews correspondence on behalf of City staff; and provides legal input regarding City code interpretation. 5. Reviews and approves proposed ordinances, resolutions, and agreements for consideration by the Mayor and Council. 6. Reviews the legality and/or sufficiency of contracts, bonds, bids, leases, insurance, and claims. The Florida League of Cities Municipal Insurance Trust (FMIT) currently provides the City s Worker s Compensation, Auto and General Liability 1

5 Attachment 1 Insurance coverage and the FMIT provides legal representation with respect to claims covered under those policies. The City Attorney provides legal services in defending the City when cases are not covered under the liability insurance or when the exposure exceeds insurance coverage. 7. Reviews and comments on contract form(s) between the City and independent contractors. 8. Prepares imposition/satisfaction of liens and foreclosures related to Code Enforcement violations. 9. Prepares pleadings in response to appellate matters, foreclosures, bankruptcy, writs of garnishment and probate actions to collect monies due and owing to the City. 10. Prepares and files all pleadings and legal documents with the Circuit Court which are necessary for forfeiture of property seized in association with arrest for criminal activity. 11. Represents the City in lawsuits and administrative hearings and prosecutes misdemeanors and violations. 12. Provides general advise to human resources staff in responding to Equal Employment Opportunity Commissions claims. 13. Researches, interprets, and applies laws, court decisions, and other legal authority in the preparation of opinions and briefs. 14. Analyzes legislation including proposed state and federal legislation affecting the City. 15. Answers communications from the public relative to municipal ordinances and legal matters affecting the City. 16. Keeps the City Council and City Staff informed on legislation or judicial opinions that have the potential to impact the City. MINIMUM QUALIFICATIONS Graduation from an accredited law school with a Juris Doctor degree and eight (8) years of comprehensive experience in the practice of criminal and civil matters, and significant experience in the practice of local government law and administrative practice in the State of Florida. Membership in good standing in the Florida Bar with eligibility to practice law in the State of Florida. Knowledge of Federal, State and City laws particularly in regard to general administrative and regulatory functions of municipal government. Knowledge of judicial procedures and the rules of evidence. Knowledge of principles, methods, and practices of local government in administrative, zoning land use and procurement areas. Skill in preparing governmental ordinances, agreements, and preparing, presenting and arguing cases effectively in court. Ability to establish and maintain effective working relationships with elected officials, employees, court officials and the public. 2

6 Attachment 1 WORK HOURS AND COMPENSATION The current City Attorney is available at all times for advise and counsel and is present at City Hall a minimum of 16 hours per week to provide legal services and attend meetings. The current City Attorney receives a salary of $70,759 and benefits as full time regular employees including health and dental insurance, retirement, vacation and sick leave. SPECIALIZED LEGAL SERVICES Other specialized legal services such as labor and employment are provided by a firm specializing in Labor Law. The Labor Attorney provides services related to a variety of matters covering compliance with federal and State employment laws and regulations, handling arbitration resulting from grievances, advising on wage and hour matters, and assisting with collective bargaining matters and appropriate employment policies and procedures. The FY15 Budget includes $45,000 for other specialized law services. 3