Denver City Attorney s Office Strategic Plan 2013 September 16, 2013
The Denver City Charter designates the Denver City Attorney s Office as the single provider of legal advice and representation to the City of Denver. Advice and Counsel Advises the Mayor, City Council, City Auditor, City Clerk and Recorder, and all City departments and agencies. Provides counsel to elected officials and client agencies on charter interpretation and reform. Advises decision-making bodies such as the Career Service Board, Civil Service Commission, and Welfare Reform Board. 2
Litigation Handles all suits initiated on behalf of or brought against the City and any of its departments and agencies. Provides legal representation to defend City actions authorized or mandated by statute, ordinance, or rule; or to advance City positions as provided by law. Federal Court Trials and Appeals Claims against the City, chiefly employment law, personal injury, and violation of individuals constitutional rights. Environmental litigation. State Court: Trials and Appeals Claims : chiefly employment, fraud, contract enforcement, torts. Child Protection and Child Support : Denver Juvenile Court, Colorado District Courts in many districts, Colorado Court of Appeals and Colorado Supreme Court. Administrative Tribunals Employment law matters Adoption subsidy disputes Public benefits disputes Licensing, Regulatory, Tax County Court and Denver Municipal Court Prosecution: City Ordinance violations. Civil Fraud Cases Adult Protection : Denver Probate Court 3
Governmental Operations Provides legal advice concerning operations and policy, in all aspects of governing and operating the City and County of Denver. Denver International Airport Land use and development Real Estate Taxation Issues (litigation and assessment) Contracts Legal analysis and advice concerning citywide grants and federal programs such as American Recovery and Reinvestment Act, Temporary Assistance to Needy Families, Child Abuse Prevention and Treatment Act. 4
Characteristics One of the largest law departments in Colorado. Approximately 200 employees, with nearly equal numbers of attorneys and legal support staff members. Likely the most diverse practice of any law department in Colorado. Administration & Government Airport Legal Services Human Services Legal Services Litigation Municipal Operations Prosecution and Code Enforcement 5
Administration & Government The City Attorney, Deputy City Attorney, and an attorney with broad experience in municipal law, provide advice and counsel to the Mayor and City Council. They are active in the legislative process at the Federal, State and Local levels, as well as Intergovernmental Affairs. They direct budgetary management functions for the Department of law, as well as budgetary matters. Denver is a Home Rule City and is a non-partisan city government with a strong Mayor and a City Council. Litigation The Litigation Section of the Denver City Attorney s Office handles a significant portion of the civil lawsuits and administrative cases filed against the City, and its agencies, officials and employees. The attorneys in the Litigation Section also advise City agencies on issues in an effort to avoid litigation and employ a claims adjuster to handle claims brought by citizens for torts committed by City employees. Airport Legal Services ALS provides general legal representation for the Denver Municipal Airport System on behalf of the Department of Aviation, including handling all leases and agreements, claims, regulatory compliance, real estate transactions, finance issues and matters, construction projects, general contracts, and litigation other than employment litigation. Counsel and advice are provided for issues and matters involving management, operation, maintenance, and development of a major commercial airport. Municipal Operations The Municipal Operations Section encompasses a multitude of legal disciplines that include land use, real estate and development, taxation, bankruptcy, contracts, construction, environmental and general municipal law. The Section handles transactional matters, administrative and regulatory hearings, commercial litigation, and provides general counsel and advice. Client agencies include virtually every department of the City, as well as City Council, the Auditor, the City Clerk and the Mayor s Office. Human Services Legal Services The Denver Department of Human Services ( DDHS ) is the principal client of the City Attorney s Human Services Section. The Section s offices are located within the Castro Human Services office building. The attorneys of this Section also advise the Career Service Board, the Civil Service Commission, the Welfare Reform Board, and the Denver Human Services Board. Prosecution & Code Enforcement The Prosecution and Code Enforcement Section (PACE) of the City Attorney s Office prosecutes all Denver municipal ordinance offenses, juvenile municipal criminal matters, traffic infractions, commitment proceedings in Probate court, cases filed by code enforcement agencies, and some minor state violations. PACE also handles proceedings to seize and close property used to commit criminal activities ( public nuisance crimes ) and defends the Department of Excise and License in cases concerning the issuance, suspension, denial and revocation of liquor and occupational licenses. 6
Citywide Vision We will deliver a World-Class City where everyone matters. City Attorney s Office Vision We will be recognized as leaders in municipal law practice, on a statewide and national level, because of our innovative practices, streamlined operations, high levels of courtroom success, and productive and rewarding work environment. 7
City Attorney s Office Mission We will protect the City and County of Denver and advance its interests through efficient and effective legal operations. Sustainability and Customer Experience KIDS JOBS SAFETY 8
These values guide practice for all who work within the City Attorney s Office Provide objective counsel regardless of the political climate. Cultivate a humane environment where workers thrive. Prepare and proceed with a firm understanding of client goals and objectives along with a solid foundation of ethical principles. Foster an inclusive environment and diverse workforce to provide an opportunity for every person to achieve the highest professional and personal development. 9
Strategy 1 Increase employee engagement, productivity, and job satisfaction. Strategy 4 Provide targeted legal services that support the City s ability to develop, conserve, and preserve its physical assets. Strategy 2 Maintain efficiency and effectiveness of legal counsel and policy guidance through continuous quality improvement. Strategy 5 Maintain / improve the safety of Denver s residents, including: Children, youth, vulnerable adults, and victims of crimes, through skillful litigation practices. Strategy 3 Provide proficient legal services that support the City s efforts to enhance and maintain financial integrity and fiscal responsibility. 10
Human Services Legal Section Experience Expertise Practice Demands Impressive depth of experience in human services legal practice. Turnover is low. Collective years of service high. Leaders in statewide practice. Committed to continuous quality improvement in its practice, its client s practice, and outcomes for Denver s vulnerable populations. In-house attorney role provides unique opportunity to assist the agency with compliance and practice standards. Open door policy significantly increases client consultations. Staffing Section Director 2 Assistant Directors 2 Operational Supervisors 22 Attorneys 15 Paralegals 8 Legal Secretaries 1 Executive Assistant Liaison Role between client and many courts of frequent practice demands effort and finesse. Hours extend beyond ordinary litigation case preparation, to further client s goals and maintain effective flow of business. Special stresses result from events peculiar to human services practice. Child deaths and injuries are draining. Media inquiries are numerous, urgent, and emotionally charged. A difficult economic climate drives increased workloads in all areas of human services practice. 11
CHILD PROTECTION AND YOUTH SERVICES PRACTICE OVERVIEW 12
Provides support to DDHS efforts to protect children, stabilize families, achieve permanent solutions that are in the best interests of children, and ultimately strengthen the community it serves. 13
Alignment with DDHS DDHS Value Stream Analysis 14 City Attorney s Office Strategic Plan Safely reduce the number of children placed in foster care Reduce the number of courtordered OPPLA plans (Other Planned Permanent Living Arrangements) Reduce the time in foster care Obtain timely permanent placement for children Achieve timely litigation outcomes
Metric name Current Data Goal Strategy 5: Number of Court Ordered OPPLA plans Tactic 5.2 2010: 437 2012: 158 Present: 147 Decrease Strategy 5: Percent of children in their permanent homes at the 12- month mark. Tactic 5.1 Baseline in development Increase Strategy 5: Achieve Timely Outcomes that Align with the Client s Case Plan at Strategic Stages of Litigation Tactic 5.2 Adjudication: 77% (2012) Termination of Parental Rights 76% (2012) Increase 15
500 437 400 300 200 100 158 147 2010 2012 Present 0 Other Planned Permanent Living Arrangement (OPPLA) Goals 16
100% 80% 70% 60% 2010 40% 20% 23% 7% 2011 2012 0% Adjudicated Continued Dismissed 17
Not Continued/Coding Error (8) GAL objects to admission (1) Continued by stipulation prior to dismissal (1) Not proceeding on party (5) Clerical error (4) Party in custody/not brought in (1) Reset Jury Trial for Motions (3 cases on 1 father) 18
2012 100% 80% 60% 40% 20% 0% Adjudicated - 77% Continued - 10% Party or Case Dismissedby ACA - 13% 19
70% 60% 58% 50% 40% 30% 20% 10% 0% 41% 0% 1% 2010 2011 2012 Motion Hearing Motion Motion Granted Continued Withdrawn Denied 20
Continuances No Continuance/coding error (27) Parent Attorney Motion Granted (4) Relative Located (3) Reunification Efforts (8) Indian Child Welfare Act (1) Stipulation of Parties (2) City Attorney Motion (5) Court Unavailable (1) DOC Failed to Transport (2) Interstate Placement Delay (1) 21
Granted - 76% Withdrawn - 7% Continued by City Attorney - 3% Continued by Others - 13% Denied - 1% 22
Strategy 2: Continuous Quality Improvement Current State: Drafting & Submitting a Stipulation to Court Estimated time of Current State: 13 days, 1 hour 2012: 247 days waiting in placement =$13, 911.04 Social Worker Social worker draft: 15 minutes Social worker contact with parties: 5 days Social worker review with ACA: 10 minutes Social worker delivery to staff: 5 minutes Legal Staff follow up with social worker: 2 days Attorney follow up with parties: 2 days Legal staff drafting time: 30 minutes ACA review and return to staff: 2 days Social worker signing of affidavit: 1 day Legal staff filing in court: 1 day Court Other Parties Legal staff Assistant City Attorney 23
Strategy 2: Continuous Quality Improvement Ideal State: Drafting & Submitting a Stipulation to Court Estimated time to draft and file a Stipulation: 2 days, 5 hours Savings: $11, 770.88 209 days in foster care Social worker on-line form completion & submission: 15 minutes Court Social Worker Assistant City Attorney Legal staff edit of self-populating form: 15 minutes Legal staff group email to parties: 1 day Legal staff electronic send to ACA: 30 seconds ACA review and edit: 4 hours Other Parties Legal staff Legal staff file with court: 1day 24
Fraud Adult Protection Child Support Employment Law and Claims Records Broad practice areas involve diverse legal subject matter. Additionally, attorneys in this unit advise The Welfare Reform Board, The Civil Service Commission, and The Career Service Board. 25
Perspectives F A C E R FRAUD Bankruptcy Just Do It 26
Perspectives F A C E R FRAUD - Bankruptcy Collecting Preserved Debt 27
F A C E R CHILD SUPPORT Establishing Orders 28
Metric name Current Data - 2012 Goal STRATEGY 3: Enhance and maintain legal practices that support the City s financial integrity and fiscal responsibility Tactic 3.1 Fraud: Bankruptcy Discharge Prevention and Collection of Debt Preserved STRATEGY 5: Maintain/improve the safety of Denver s residents. Tactic 5.1 Fraud: Percentage of Active Fraud Cases with Payments Received STRATEGY 5: Maintain/improve the safety of Denver s residents. Tactic 5.4 Child Support: Percentage of Open Cases with an Order $156,489.70 preserved through objections/adversarial proceedings. $10,279.86 of preserved funds collected. 26% of active Fraud cases overall received a payment. 87.2% -23,423 of the 26,870 open cases had an order at the end of the year. Increase Increase Increase 89.5% 29
F A C E R CHILD SUPPORT Modifying Orders Lean RIE 30
STRATEGY 5.4 - F.A.C.E.R 5.4 Child Support Enforcement: Increase from 87% to 89.5% the number of open cases with an order, and assure that orders reflect current circumstances. 87.0% 87.2% 87.8% total number of open cases total number of cases with orders 2011 2012 as of 3.31.13 established or modified orders in the year 2011 2012 as of 3.31.13 established or modified orders in the year 3643 3793 891 total number of cases with orders 22799 23423 23437 total number of open cases 26201 26870 26686 31
Denver City Attorney s Office Reference Strategies Tactics Metrics
All CAO Strategy 1 Increase employee engagement, productivity, and job satisfaction. Tactics 1.1 Increase employee recognition and appreciation efforts. 1.2 Provide employees with equipment and technology needed for best work. 1.3 Foster innovation. 1.4 Communicate information. 1.5 Support career development. Metrics/Methods of Evaluation 1.1 Utilize existing surveys and information from current discussions. 1.2 Survey existing technology and its effectiveness. 1.3 Increase participation in Lean activities. Engage in continuous quality improvement. 1.4 Increase frequency of All-Staff meetings. 1.5 Increase career development opportunities. 33
All CAO Strategy 2 Maintain efficiency and effectiveness of legal counsel and policy guidance through continuous quality improvement. Tactics 2.1 Identify metrics and methods of measuring quality of counsel and guidance. Utilize Peak Performance process to assure continuous quality improvement. 2.2 Encourage consistent practice and cutting edge knowledge through dialogue, problem-solving discussions and mentoring. 2.3 Outreach. Present training to city users, external partners (courts and pro se offices) and professional organizations. 2.4 Results are credible. Client has confidence in results. Metrics/Methods of Evaluation 21. Establish schedule for periodic review of work product. Review according to established standards as reflected in PEP plans, and established rules or practices. 2.2 Utilize customer/client surveys to determine efficiency and effectiveness from their point of view. 2.3 Utilize satisfaction survey of participants at end of training events. 2.4 Client Survey 34
All CAO Strategy 3 Enhance and maintain legal practices that support the City s financial integrity and fiscal responsibility. Tactics s F.A.C.E.R. Tactics Individual Tactics will be developed for each Section of the CAO. For Human Services Section: See Slide 38 for Child Protection and Youth Services Metrics/Methods of Evaluation Individual Metrics will be developed for each Section of the CAO. Slide 40 for F.A.C.E.R. 35
All CAO Strategy 4 Provide targeted legal services that support the City s ability to develop, conserve, and preserve its physical assets. Tactics 4.1 Review historical project records to identify types of activities and frequency of occurrence. 4.2 Evaluate the frequency and impact of the work don by each Section. 4.3 Collectively develop annual tracking and analysis. Metrics/Methods of Evaluation 4.1 Establish baseline data To reflect outcomes of activities 4.2 Identify measures to reflect current state, desired state, and progress. 36
All CAO Strategy 5 Maintain/improve the safety of Denver s residents, including: Children, youth, vulnerable adults, and victims of crimes, through effective litigation practices and legal advice. Tactics Individual Tactics will be developed for each Section of the CAO. For Human Services Section See Slide 39 Child Protection and Youth Services Metrics/Methods of Evaluation Individual Metrics will be developed for each Section of the CAO. Slide 41 F.A.C.E.R. 37
Child Protection / Youth Strategy 3 Enhance and maintain legal practices that support the City s financial integrity and fiscal responsibility. Child Protection and Youth Services Tactics 3.1 Prepare timely and accurate orders to improve critical outcomes for DDHS: Drawing down federal reimbursement for county out-of-home placement expenditures; Avoiding fiscal sanctions. Metrics/Methods of Evaluation 3.1 Assess timeliness and accuracy of orders. Create baseline data concerning outcomes achieved upon review of potential defects identified by State auditors. 38
Child Protection / Youth Strategy 5 Maintain/improve the safety of Denver s residents, including: Children, youth, vulnerable adults, and victims of crimes, through effective litigation practices and legal advice. Child Protection & Youth Services Tactics 5.1 Reduce the number of courtordered permanent plans known simply as Other Planned Permanent Living Arrangement (OPPLA). 5.2 Achieve timely outcomes that align with the client s case plan at strategic stages of litigation. 5.3 Obtain timely permanent placement for children. Metrics/Methods of Evaluation 5.1 TRAILS Report of OPPLA plans. 5.2 Litigation outcomes. 5.3 Establish a baseline: Review all court cases closed during 2013. Determine timeliness of permanency: Review whether the child or children involved in the case were in their permanent home, including reunification with the parent, twelve months after the child entered foster care as defined in the Children s Code. 39
F.A.C.E.R. Strategy 3 Enhance and maintain legal practices that support the City s financial integrity and fiscal responsibility. F.A.C.E.R. Tactics F.A.C.E.R. Tactics s 3.1 Fraud: increase bankruptcy collections Metrics/Methods of Evaluation 3.1 Compare outcomes to previous years results. 40
F.A.C.E.R. Strategy 5 Maintain/improve the safety of Denver s residents, including: Children, youth, vulnerable adults, and victims of crimes, through effective litigation practices and legal advice. F.A.C.E.R. Tactics 5.1 Fraud: Increase collections through effective use of payment plans and garnishment renewals. 5.4 Child Support Enforcement: Increase from 87% to 89.5% the number of open cases with an order, and assure that orders reflect current circumstances. Metrics/Methods of Evaluation 5.1 Current report exists. Improved Tracking System development is under discussion with Tech Services. 5.4 Report exists baseline 2012 87% Goal = increase to 89.5% 41
Barbara Shaklee, Section Director barbara.shaklee@denvergov.org 720-944-2978 CPYS Team Katie Smith, Assistant Section Director Kim Avery, Operational Supervisor (Black Belt) FACER Team John Beckman, Assistant Section Director Kimberly Kline, Operational Supervisor 42