LEGISLATIVE ACTION ITEM
SPONSOR: City Council Member Sherri Myers
SUBJECT:
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OFFICE OF CITY COUNCIL STAFF - LEGAL AIDE (LEGAL COUNSEL TO THE CITY COUNCIL)
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RECOMMENDATION:
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That City Council direct the Council Executive to begin the search for a Legal Counsel to the City Council.
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HEARING REQUIRED: No Hearing Required
SUMMARY:
In August of 2014, City Council adopted Ordinance No. 28-14 proposing a Charter Amendment establishing the Office of City Council and authorizing staffing. In November of 2014, through the referendum process, this Charter Amendment passed thereby creating the Office of City Council and authorizing staffing.
City Charter, Section 4.02. City Council, subsection (a)(6) states in part:
The City Council shall establish an Office of the City Council and shall have as its
staff the following who shall be responsible to the City Council through the President of the Council:
(b) Legal Aide. The City Council may appoint one assistant city attorney, whose salary shall be in accordance with those established for other assistant city attorneys. Said assistant city attorney shall (1) serve only in an advisory capacity to the City Council and shall perform only such duties of a technical nature, including drafting of ordinances, legal research and providing advisory opinions, as requested by the City Council through its President, (2) perform such other duties required of him [them] by the city attorney with the concurrence of the President of the City Council, (3) be subject to termination by a majority vote of the City Council; and (4) be responsible to the City Council through the President of the Council. Said assistant city attorney shall not file suit or bring or defend any action in court on behalf of the City Council, Mayor, the several departments, officers, and boards of the City government except with written authorization of the City Attorney. No action or opinion of said assistant city attorney shall be construed to be the official legal position of the City, and such official legal positions and actions shall be solely within the scope and powers and duties of the City Attorney.
In 2015 City Council began the staffing process with the addition of a Council Executive, in early 2016 it added an Executive Assistant to the City Council as well as a Council Assistant, subsequently, a Strategic Budget planner was added. In a continuation of the staffing efforts, it is desired to add a Legal Counsel to the City Council.
This position is currently needed due to the overburdening amount of legal research that is necessary for the important and critical matters coming before City Council.
PRIOR ACTION:
February 2016 - City Council authorized the Council Executive to begin the search for a Legal Counsel to the City Council.
April 14, 2016 - Action item for the Selection Process for hiring the Legal Counsel dies for lack of a second.
April 18, 2016 - Request sent to Council Members to rank the top six candidates in their order of preference.
May 12, 2016 - Council directed the Council President and Council Executive to conduct phone interviews with the top six (6) candidates.
June 24, 2016 - Council conducted in-person interviews with Legal Counsel of the City Council Finalists.
July 14, 2016 - Council selected an individual as their choice for Legal Counsel to the City Council
September 15, 2016 - Approval of Council’s choice for Legal Counsel failed.
FUNDING:
Budget: $ Salary + Benefits = $116,500
Actual: $ TBD
FINANCIAL IMPACT:
The City Council has it within the budget under the constraints identified above
STAFF CONTACT:
Don Kraher, Council Executive
ATTACHMENTS:
None
PRESENTATION: No