County Counsel. Department Narrative and Strategic Plan 2. Summary of Revenue and Expense General Fund - County Counsel 4

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1 County Counsel Department Narrative and Strategic Plan 2 Summary of Revenue and Expense General Fund - County Counsel 4 1

2 Overview County Counsel Department Mission/Purpose The mission of the Office of County Counsel is to provide quality legal services and representation to all County departments, elected officials and service districts, while being responsible stewards of taxpayer resources. General Overview of Programs The duties of the Office of County Counsel generally fall into two broad areas: legal representation and advice. The following are the major areas of representation: Tort Litigation - Defend the County in state and federal courts against actions for personal injury or property damage, most commonly related to roads, transportation, law enforcement, and custodial operations. Constitutional Law and Civil Rights - Defend against state and federal court suits alleging violation of civil rights. Employment/Labor Law - Represent the County in all forums, including State Employment Relations Board, Bureau of Labor and Industries, U.S. Equal Employment Opportunity Commission, Circuit and District Courts, arbitration proceedings and labor negotiations. Assessor/Tax - Represent the County in matters before the Tax Court, Department of Revenue hearings, U.S. Bankruptcy Court proceedings where property taxes are owed, and county tax foreclosure and ejectment proceedings. County Administration & Finance - Advise County Administration on internal and external operations; advise county audit committee, review loan documents and financing agreement. Health, Housing, and Human Services - Represent Social Services, Community Health, Behavioral Health, Children Youth and Families, Community Development, and Community Solutions Divisions in contract review, public records advice as related to patient privacy and confidentiality rights in accordance with HIPPA, Federal, and State laws and regulations. Housing Authority - Represent the Housing Authority in contract review, public records advice, and forcible entry and detainer actions against tenants. Civil Forfeiture - Serve as Counsel for the Sheriff s Office when they are the seizing agency. Provide legal services to Clackamas County cities under contract with their policing agencies. Environmental Law - Regulatory counsel for WES and other County departments with respect to Clean Water Act, Clean Air Act, CERCLA, and other applicable environmental laws. Negotiations - County Counsel often serves as the lead negotiator for County teams in the terms and conditions of a business arrangement or the resolution of disputes. Economic Development - Provide legal support to economic development efforts, including licensure, permitting, tourism promotion, site identification, and incentives. Elections - Represent County Clerk in elections law matters. Condemnation - Represent the County, Service Districts and Development Agency in condemnation claims. Real Property and Real Estate Transactions - Advise and assist county departments and officials in all aspects of real property transactions, leases and other agreements. 2

3 County Service Districts - Provide general legal services for various county service districts, including matters relating to contracting, regulatory obligations, service arrangements, special purpose budgeting, assessment districts, and other issues relating to county service districts. Boundary Issues - Provide legal advice and guidance regarding the Board of County Commissioners' role as the boundary commission of Clackamas County, including formations, annexations, withdrawals, or other proposed changes. County Development Agency - Provide general legal services to staff and the governing body of the Development Agency on a variety of technical matters relating to urban renewal law. Code Enforcement - Prosecute actions before hearings officer and in Circuit Court for enforcement of Zoning Ordinance, Solid Waste Ordinance, Animal Control and other ordinances. Land Use - Defend decisions of Board of County Commissioners and Land Use Hearings Officer before Land Use Board of Appeals, and in many cases on further appeal to Oregon Court of Appeals. In addition, defend occasional mandamus actions in Circuit Court. Public Records, Public Meetings and Ethics - Advise elected officials and County staff concerning state law requirements for public meetings, public records, ethics, electioneering, and county governance. Staff/Training - Train County staff on a variety of legal issues such as statutory duties, employment matters, corrections training, civil rights matters, and risk management issues. Advice to departments is diverse, ranging from frequent requests for a prompt opinion over the telephone or , to the drafting of detailed opinions, or lengthy and detailed County ordinances. The Office of County Counsel responds to hundreds of opinion requests each year. Other major functions include attending all meetings and hearings of the Board of County Commissioners, whether it is sitting as the County Commission or the governing body of the various service districts of which it acts as the governing body. Counsel staffs aid the various boards and commissions with drafting orders, resolutions, ordinances, contracts, intergovernmental agreements, and reviewing contracts and other legal documents. 3

4 County Counsel - General Fund Summary of Revenue and Expense FY 13 FY 14 FY 15 Amended Budged FY 15 Projected Year End FY 16 Proposed Budget Chg from Prior Yr Budget % Chg from Prior Yr Budget Beginning Balance % Prior Year Revenue % Taxes % Licenses & Permits % Federal Grants & Revenues % State Grants & Revenues % Local Grants & Revenues 3,852 5,425 4,800 3,708 2,000-2, % Charges for Service 760, , , , ,300 32, % Fines & Penalties % Other Revenues ,000 1, % Interfund Transfers % Operating Revenue 764, , , , ,300 30, % % Change NA 16.7% -6.7% -6.5% 3.5% Personnel Services 1,707,484 1,696,361 1,933,515 1,736,786 1,929,220-4, % Materials & Services 90, , , , ,183 29, % Cost Allocation Charges 101, , , , , % Debt Service % Interfund Transfers % Capital Outlay ,000 5,000 #DIV/0! Operating Expenditure 1,899,953 1,899,683 2,184,243 1,960,585 2,213,496 29, % % Change NA 0.0% 15.0% 3.2% 12.9% Capital Improvements % Reserve for Future Expenditures % Contingency % Ending Balance (if applicable) % (includes Reserve & Contingency) General Fund Support (if applicable) 1,135,852 1,008,116 1,352,693 1,127,351 1,351,196-1, % Full Time Equiv Positions (FTE) Budgeted % Full Time Equiv Positions (FTE) Filled at Yr End Full Time Equiv Positions (FTE) Vacant at Yr End Millions FY 13 FY 14 FY 15 Est FY 16 Proposed Oper Rev Oper Exp End Balance Gen Fund Support 0.0 FY 13 FY 14 FY 15 Est FY 16 Proposed FTE Budgeted FTE Actual at Yr End 4

5 County Counsel - General Fund FY 16 Proposed Budget Local 0.1% Matl & Svc 8% Cost Alloc 5% Chg for Svc 38.8% Gen Fund Support 61.0% Other Revenue 0.0% Pers Svc 87% Resources Requirements 5

6 Clackamas County, OR. Revenue and Expense Report County Counsel Activity Change Actual Actual Amended Projected Requested Proposed from Prior Budget Year End Budget Budget Year Budget Pct. Change from Prior Year Budget 0102 County Counsel Activity 100 General Fund Contract With Cities 3,852 5,425 4,800 3,708 2,000 2,000 (2,800) (58.33) Internal Legal Fees 583, , , , , ,000 20, Revenue from Development Agency 34,405 16,224 24,000 24,000 26,000 26,000 2, Revenue from N Clackamas Parks & 29,329 43,899 28,000 29,000 29,000 29,000 1, Revenue from Water Environ Svcs 106, , , , , ,000 10, Revenue From Lighting District 1, Other Internal County Services 5,030 7,315 9,500 6,679 8,500 8,500 (1,000) (10.53) Miscellaneous Revenue ,000 1,000 1, Total Revenue 764, , , , , ,300 30, Regular Full Time Employees 958,676 1,079,913 1,143,923 1,103,671 1,176,580 1,176,580 32, Regular Part Time 175,953 80,880 92,220 77,000 95,160 95,160 2, Temporary Workers Vacation Sell-Back 3,126 3,199 6,000 5,696 6,000 6, Fringe Benefits 562, , , , , ,987 (41,314) (6.01) Worker Compensation 4,161 2,717 2,892 2,892 4,125 4,125 1, Unemployment 2,872 1,279 1,179 1,176 1,368 1, General Office Supplies 3,729 4,244 5,000 3,356 5,000 5, Postage 1,075 1,150 1,500 1,218 2,000 2, Computer Non-Capital 4,543 2,528 5,000 2,140 5,000 5, Professional Services ,000 1,100 6,000 6, Telephone 9,547 9,231 9,500 9,074 10,000 10, Travel 4,682 5,404 8,000 8,000 11,000 11,000 3, Printing & Duplicating Services , ,000 1, Casualty Insurance 8,901 9,276 15,557 15,557 35,183 35,183 19, Office Equipment Repair & Maint , ,000 2,000 1, Office Furn & Equip Non-Capital , ,000 3,000 2, Office Rental 30,748 30,891 34,503 34,503 40,000 40,000 5, Dues & Memberships 6,114 6,488 9,000 8,000 9,000 9, Training & Staff Development 3,198 3,934 10,000 7,500 13,000 13,000 3, Trial Expenses 3,394 4,989 8,000 7,000 8,000 8, Publications & Subscriptions 13,879 23,172 26,000 15,000 20,000 20,000 (6,000) (23.08) Finance Alloc Cost 9,172 8,042 7,955 7,955 7,523 7,523 (432) (5.43) Tech Svc Alloc Cost 29,816 28,128 31,728 31,728 32,204 32, Building Maint Alloc Cost 26,352 26,940 30,733 30,733 29,989 29,989 (744) (2.42) 6

7 Clackamas County, OR. Revenue and Expense Report County Counsel Activity Change Actual Actual Amended Projected Requested Proposed from Prior Budget Year End Budget Budget Year Budget Pct. Change from Prior Year Budget 0102 County Counsel Activity 100 General Fund PGA Alloc Cost 7,450 6,884 6,393 6,393 6,476 6, Records Mgt Alloc Cost 2,267 3,418 4,076 4,076 3,733 3,733 (343) (8.42) Purchasing Alloc Cost 1,474 1, (176) (17.64) Courier Alloc Cost 1,410 1,404 2,121 2,121 2,145 2, Personnel Admin Alloc Cost 14,523 13,514 14,224 14,224 14,859 14, County Admin Alloc Cost 3,849 4,467 5,112 5,112 4,961 4,961 (151) (2.95) Mailroom Overhead Allocation (10) (4.69) Electric Utility Alloc 3,498 3,713 3,911 3,911 3,923 3, Natural Gas Utility Alloc Water Utility Alloc 993 1,323 1,297 1,297 1,313 1, Trash Removal Alloc Equipment ,000 5,000 5, Total Expense 1,899,952 1,899,683 2,184,243 1,960,585 2,213,496 2,213,496 29, Total General Fund (1,135,851) (1,008,116) (1,352,693) (1,127,351) (1,351,196) (1,351,196) 1,497 (0.11) Total County Counsel Activity (1,135,851) (1,008,116) (1,352,693) (1,127,351) (1,351,196) (1,351,196) 1,497 (0.11) Grand Total (1,135,851) (1,008,116) (1,352,693) (1,127,351) (1,351,196) (1,351,196) 1,497 (0.11) 7

8 POLICY LEVEL PROPOSAL General Fund County Counsel One Time - Policy Level Proposal Proposed Change in Funding: Summary of Policy Level Proposal: $50,000 Software package for 13 users Purchase and installation of new case management, document management, and billing software package for thirteen users. Our current system, Time Matters, is out-of-date and cumbersome, and Tech Services has recommended that we upgrade to a newer version or move to another system altogether. This cost would be paid from the General Fund. 8

9 POLICY LEVEL PROPOSAL General Fund County Counsel Proposed Change in Funding: $120,000 Summary of Policy Level Proposal: Ongoing Policy Level Proposal New Attorney add 1.00 FTE Hiring additional full-time attorney to meet needs of continually increasing litigation and advisory workload. This position would be paid from the General Fund. 9

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