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HomeMy WebLinkAboutCity Council - 2016-76 0001RESOLUTION NO. 2016-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE CITY'S CLASSIFICATION PLAN BY ADDING THE CLASSIFICATION OF SENIOR TRIAL COUNSEL WHEREAS, the City Council of Huntington Beach wishes to amend the City's Classification Plan; and The provisions of Personnel Rule 12-4 have been complied with, in that the changes to the City Classification Plan were considered by the Personnel Commission during a public hearing on November 28, 2016. The Commission voted to recommend to the City Council that the City's Classification Plan be amended to include the newly -created classification of SENIOR TRIAL COUNSEL. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the Classification Plan be amended as follows: 1. Add the new classification of SENIOR TRIAL COUNSEL set forth in Exhibit A which is attached hereto and incorporated by this reference. 2. Modified MEO Salary Schedule — Exhibit B PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of Decem&�r, 201 . Nf—ayo7 REVIE D APPROVED: City a ag r 16-5555/148244/MV I EXHIBIT A CITY OF HUNTINGTON BEACH CLASS SPECIFICATION TITLE: SENIOR TRIAL COUNSEL Su t ity HB �BeaCnf PERSONNEL COMMISSION APPROVAL: 11DECEMBER NOVEMBER 28, 2016 COUNCIL APPROVAL: 19, 2016 JOB CODE: 0333 EMPLOYMENT STATUS: REGULAR FULL-TIME UNIT REPRESENTATION: MEO FLSA STATUS: EXEMPT JOB SUMMARY Under the direction of the City Attorney, leads the City's trial and litigation efforts in all civil lawsuits, either for prosecution of or in the defense, on behalf of the City of Huntington Beach. Works with other attorneys who are litigating cases on behalf of the City. SUPERVISION RECEIVED Reports to: City Attorney and the Chief Assistant City Attorney DISTINGUISHING CHARACTERISTICS Differs from other attorney classes in the City Attorney's Office in that the Senior Trial Counsel focuses on litigation activity and trying cases in court. EXAMPLES OF ESSENTIAL DUTIES • Handles litigation in State and Federal courts and administrative tribunals, including preparing pleadings, motions, and discovery documents, taking depositions, arguing motions, attending conferences and hearings, and trying cases before juries, court, and administrative hearing officers; • Advises the City Attorney and the City Council, as appropriate, concerning litigation to which the City is a party including litigation assigned to outside counsel by the City Attorney; • Provides direction, supervision, and oversight to all other attorneys in the City Attorney's office who are working on, or are assigned to, litigating lawsuits: • Manages and oversees, daily litigation activities, including court calendars, document management, case management, and legal support staff training regarding litigation protocol and procedure; • Controls and manages City expenditures for outside counsel as assigned by the City Attorney; • Advises the City Attorney concerning changes in law or practice that may affect City liability; • Conducts, supervises, or arranges for investigations related to assigned casework; • Confers with City department representatives to provide advice and counsel on prosecution laws and ordinances affecting their work; researches legal issues and provides legal opinions and advice; prepares legal reports and opinions; consults and confers with other attorneys, court officials, and law enforcement agency in the preparation and trial of assigned casework; • Researches, analyzes, and interprets existing laws, court decisions, pending legislation and other legal authorities; • Assists in the coordination of special projects and teams related to area of assignment; • Assists in the development and implementation of department goals, objectives, policies, procedures and work standards related to area of assignment; • Represents the City in meetings where litigation matters are discussed with various boards and Page 1 of 4 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION TITLE: SENIOR TRIAL COUNSEL Su rty HBCh committees as assigned by the City Attorney; Maintains effective and extensive professional relationships with legal representatives of other local, state and federal agencies; Reports to work as scheduled, works a variety of schedules including evenings, weekends, and/or holidays as required; Performs other such legal duties as may be required by the City Attorney. The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS Any combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying. A typical combination includes: Knowledge of: - Trial practice and preparation - Jury selection (voir dire) - California Evidence Code - Preparing and arguing Motions in Limine before trial - Effective selection and retention of trial experts - Effective direct and cross examination - Principles, practices and procedures of contract, tort, public entity, government tort, personal injury, employment, and other areas of civil law - Principles of judicial and trial procedures and rules of evidence - Principals and practices of constitutional, civil and administrative law and procedures - Superior and Federal court systems and proceedings and administrative procedures necessary to try cases in State and Federal courts and before a wide range of administrative boards - Litigation management and strategies - California civil and Appellate procedures - Federal and state laws, Penal Codes, City Charter and Municipal Codes, and Municipal Zoning Codes - Organization, function, and legal limitations on the authority, enforcement and procedural issues of various City departments - Federal and state constitutional and statutory provisions related to municipalities - Accepted legal principles and court decisions Ability to: - Take direction and supervision from the City Attorney and Chief Assistant City Attorney - Direct and supervise other attorneys working on litigation - Try to completion jury and bench trials - Select a jury - Prepare witnesses for depositions and trial, prepare experts to testify at trial - Conduct direct and cross examination of witnesses at trial Page 2 of 4 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION TITLE: SENIOR TRIAL COUNSEL - Prepare written discovery and responses to written discovery - Prepare a variety of motions, including Motions for Summary Judgment - Research, analyze and apply legal principles, facts evidence and precedents to legal cases - Represent the City effectively and persuasively in courts and administrative hearings - Analyze, appraise, and organize facts, evidence, and precedents and present them in oral and written reports - Consistently prepare and present statements of law, fact and argument clearly, logically and persuasively both orally and in writing - Litigate cases, manage litigation processes, and oversee the work of others who are trying cases - Review, discuss, and advise the City Attorney, City Council and City Manager regarding legal policy issues - Exhibit a high degree of integrity and sound judgment in the performance of assigned work tasks - Work cooperatively with other employees, customers, clients, and the public - Produce documents written in the English language using proper sentence structure, punctuation, grammar, and spelling - Maintain confidentiality of sensitive information - Oversee the work of other legal and paraprofessional staff - Communicate orally with customers, clients, and the public using a telephone and in group and face-to-face, one-to-one settings Education: Graduation from a law school accredited by the American Bar Association with a Juris Doctorate degree. Experience: Five (5) years' increasingly responsible experience in the litigation and trying of cases in the State of California with a minimum of ten (10) jury and five (5) bench trials to verdict in Superior Court. Admission to practice in the State and Federal jurisdictional courts. License/Certification: Active membership in the State Bar of California. Possession of a valid California Class C driver license with an acceptable driving record by time of appointment and throughout period of employment required. SPECIAL CONDITIONS Employees regularly assigned/required to drive a city or personal vehicle in the course and scope of work shall be required to participate in the DMV Employer Pull Notice program. Public Employee Disaster Service Worker: In accordance with Government Code Section 3100, all Huntington Beach city employees are required to perform assigned disaster service worker duties in the event of an emergency or a disaster. Page 3 of 4 TITLE: SENIOR TRIAL COUNSEL PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS Incumbents must be able to meet the physical requirements of the class and have mobility, balance, coordination, vision, hearing and dexterity levels appropriate to the duties to be performed. Work involves detailed concentration for long periods of time in a modified office environment and sitting for extended periods. The incumbent must be able to meet the physical requirements of the class and have mobility, balance, coordination, vision, hearing and dexterity levels appropriate to the duties to be performed. Work is primarily performed indoors. In an office environment, the work requires sitting at a desk or table for prolonged periods of time and daily use of a computer, keyboard, mouse and screen. The incumbent uses a computer and related equipment and sits, stands, walks, climbs, pushes, pulls, reaches, grasps, lifts and moves tools and equipment weighing 25 pounds or less. Reasonable accommodation(s) for an individual with a qualified disability will be considered on a case - by -case basis. Est. 12/19/16 MW Page 4 of 4 EXHIBIT B MEO Salary Schedule - Hourly Rate 2.0% Effective 9-24-16 *Modified 11/07/16 **Modified 12/19/16 Job No Job Description Pay Grade A B C D E 0025 Admin Analyst ME0025 36.38 38.38 40.50 42.73 45.07 0084 Admin Analyst Principal ME0084 45.32 47.81 50.44 53.21 56.14 0089 Admin Analyst Sr ME0089 41.86 44.16 46.58 49.14 51.85 0078 Assistant City Attorney M E0078 64.28 67.81 71.53 75.46 79.61 0132 Assistant City Clerk ME0132 39.03 41.17 43.43 45.82 48.34 0595 Assistant Fire Marshal ME0595 46.70 49.27 51.97 54.84 57.84 0057 Assistant to the City Manager ME0057 48.84 51.52 54.36 57.34 60.50 0123 Associate Civil Engineer ME0123 42.27 44.59 47.04 49.63 52.37 0071 Associate Planner ME0071 39.61 41.78 44.08 46.51 49.07 0569 Beach Maint Operations Mgr ME0569 50.83 53.62 56.57 59.68 62.96 0044 Beach Operations Supervisor ME0044 41.65 43.93 46.35 48.90 51.59 0064 Budget Analyst Senior ME0064 40.21 1 42.42 44.76 47.22 49.82 0598 Building Manager ME0598 58.44 61.66 65.05 68.62 72.40 0500 Business Systems Manager ME0500 57.58 60.74 64.09 67.62 71.33 0024 City Engineer ME0024 66.54 70.21 74.07 78.14 82.44 0125 Code Enforcement Supervisor ME0125 41.43 43.71 46.11 48.65 51.33 0471 Community Relations Officer ME0471 45.32 47.81 50.44 53.21 56.14 0353 Community Services Manager ME0353 50.83 53.62 56.57 59.68 62.96 0097 lConstruction Manager ME0097 50.83 53.62 56.57 59.68 62.96 0085 Contract Administrator ME0085 43.33 45.72 48.23 50.89 53.68 0081 Deputy City Attorney I ME0081 42.27 44.59 47.04 49.63 52.37 0080 Deputy City Attorney II ME0080 50.83 53.62 1 56.57 59.68 62.96 0079 Deputy City Attorney III ME0079 58.44 61.66 65.05 68.62 72.40 0068 Deputy City Engineer ME0068 56.71 59.83 63.13 66.60 70.26 0571 Deputy Dir of Econ Development ME0571 57.58 60.74 64.09 67.62 71.33 0486 Detention Administrator ME0486 41.86 44.16 46.58 49.14 51.85 0039 Econ Development Proj Mgr ME0039 46.22 48.77 51.45 54.27 57.26 0580 Energy Project Manager ME0580 46.22 48.77 51.45 54.27 57.26 0474 lFacilities, Devel & Conc Mgr ME0474 48.36 51.01 1 53.82 56.77 1 59.89 0050 1 Facilities Maint Supervisor ME0050 41.65 43.93 1 46.35 48.90 1 51.59 *PER RESOLUTION 2016-75 ADOPTED ON 11/07/16 AND RESOLUTION 2016-xx ADOPTED 12/19/16 MEO Salary Schedule - Hourly Rate 2.0% Effective 9-24-16 *Modified 11/07/16 **Modified 12/19/16 Job No Job Description Pay Grade A B C D E 0879 Finance Manager -Accounting ME0879 52.37 55.24 58.29 61.50 64.87 0889 Finance Manager - Budget ME0889 52.37 55.24 58.29 61.50 64.87 0899 Finance Manager- Fiscal Services ME0899 52.37 55.24 58.29 61.50 64.87 0869 Finance Manager -Treasury ME0869 52.37 55.24 58.29 61.50 64.87 0131 Fire Medical Coordinator ME0131 41.21 43.48 45.88 48.40 51.07 0130 Fire Protection Analyst ME0130 41.21 43.48 45.88 48.40 51.07 0590 Fleet Operations Supervisor ME0590 41.65 43.93 46.35 48.90 51.59 0581 General Services Manager ME0581 56.16 59.25 62.51 65.94 69.56 0498 GIS Manager ME0498 53.69 56.65 59.75 63.05 66.51 0043 Housing Manager ME0043 53.15 56.08 59.16 62.41 65.84 0006 Human Resources Manager ME0006 55.32 58.36 61.57 64.96 68.53 0489 Info Syst Communications Mgr ME0489 53.69 56.65 59.75 63.05 66.51 0200 Info Syst Computer Ops Manager ME0200 53.69 56.65 59.75 63.05 66.51 0075 Inspection Manager ME0075 51.57 54.42 57.41 60.57 63.90 0073 Inspection Supervisor ME0073 43.99 46.41 48.96 51.65 54.49 0251 Investigator ME0251 35.83 37.81 39.89 42.09 44.40 0158 Landscape Architect ME0158 41.21 43.48 45.88 48.40 51.07 0049 Landscape Maint Supervisor ME0049 41.65 43.93 46.35 48.90 51.59 0572 Liability Claims Coordinator ME0572 37.67 39.74 41.93 44.25 46.68 0030 Maintenance Operations Mgr ME0030 56.16 59.25 62.51 65.94 69.56 0032 Marine Safety Division Chief ME0032 53.42 56.36 59.46 62.72 66.18 0490 Network Systems Administrator ME0490 48.10 50.75 53.54 56.49 59.60 0443 Payroll Systems Analyst ME0443 43.99 46.41 48.96 51.65 54.49 0098 Permit & Plan Check Manager ME0098 58.44 61.66 65.05 68.62 72.40 0209 Permit & Plan Check Supervisor ME0209 41.43 43.71 46.11 48.65 51.33 0453 Personnel Analyst ME0453 36.20 38.19 40.29 42.50 44.85 0060 Personnel Analyst Principal ME0060 45.32 47.81 50.44 53.21 56.14 0464 Personnel Analyst Senior ME0464 41.21 43.48 45.88 48.40 51.07 0099 IPlan Check Engineer ME0099 49.33 52.04 54.90 57.93 61.11 0444 Planning Manager ME0444 53.69 56.65 59.75 63.05 1 66.51 *PER RESOLUTION 2016-75 ADOPTED ON 11/07/16 AND RESOLUTION 2016-xx ADOPTED 12/19/16 MEO Salary Schedule - Hourly Rate 2.0% Effective 9-24-16 *Modified 11/07/16 **Modified 12/19/16 Job No Job Description Pay Grade A B C D E 0625 Police Admin Division Srvcs Mgr ME0625 58.44 61.66 65.05 68.62 72.40 0594 Police Admin Services Manager ME0594 46.70 49.27 51.97 54.84 57.84 0022 Police Communications Manager ME0022 41.86 44.16 46.58 49.14 51.85 0094 Police Records Administrator ME0094 41.86 44.16 1 46.58 49.14 51.85 0028 Principal Accountant ME0028 42.69 45.04 47.51 50.13 52.88 0096 Principal Civil Engineer ME0096 55.89 58.96 62.20 65.62 69.23 0072 Principal Electrical Inspector ME0072 40.01 42.22 44.53 46.99 49.57 0076 Principal Inspector Plb/Mech ME0076 40.01 42.22 44.53 46.99 49.57 0482 Principal Librarian ME0482 39.81 42.00 44.31 46.75 49.32 0074 Principal Planner ME0074 51.07 53.88 56.84 59.98 63.27 0579 Project Manager ME0579 46.22 48.77 51.45 54.27 57.26 0037 Project Manager Assistant ME0037 39.61 41.78 44.08 46.51 49.07 0496 Public Safety Systems Manager ME0496 54.50 57.50 60.66 63.99 67.51 0497 Public Safety Systems Supv ME0497 52.63 55.53 58.58 61.79 65.20 0839 Real Estate & Project Manager ME0839 46.22 48.77 51.45 54.27 57.26 0054 Risk Manager ME0054 53.15 56.08 59.16 62.41 65.84 0519 *Safety/I ., PFeYentien Analyst SAC 519 4i.21 43.49 45 RR 48-40 si.07 s 0069 Senior Civil Engineer ME0069 47.18 49.77 52.50 55.39 58.43 0484 Senior Deputy City Attorney ME0484 61.44 64.82 68.38 72.13 76.11 0499 Senior Info Systems Analyst ME0499 47.87 50.51 53.28 56.21 59.30 0077 Senior Librarian ME0077 34.27 36.16 38.15 40.24 42.45 0036 Senior Planner ME0036 46.22 48.77 51.45 54.27 57.26 0575 Senior Sprvsr Cultural Affairs ME0575 39.03 41.17 43.43 45.82 48.34 0578 Senior Sprvsr Human Services ME0578 39.03 41.17 43.43 45.82 48.34 0519 *Senior Risk Management Analyst ME0519 41.21 43.48 45.88 48.40 51.07 0034 Senior Traffic Engineer ME0034 47.18 49.77 52.50 55.39 58.43 0333 **Senior Trial Counsel ME0333 66.54 70.21 74.07 78.14 82.44 0457 Special Events Coordinator ME0457 32.94 34.75 1 36.66 38.68 40.80 0488 Street Maint Supervisor ME0488 41.65 43.93 46.35 48.90 51.59 0133 ISupervisor, Prkng & Cmping Fac ME0133 39.03 41.17 43.43 45.82 48.34 *PER RESOLUTION 2016-75 ADOPTED ON 11/07/16 AND RESOLUTION 2016-roc ADOPTED 12/19/16 MEO Salary Schedule - Hourly Rate 2.0% Effective 9-24-16 *Modified 11/07/16 **Modified 12/19/16 Job No Job Description Pay Grade A B C D E 0033 Transportation Manager ME0033 58.15 61.34 64.72 68.28 72.04 0051 Tree Maintenance Supervisor ME0051 41.65 43.93 46.35 48.90 51.59 0483 Utilities Manager ME0483 57.28 60.44 63.76 67.27 70.97 0487 Wastewater Supervisor ME0487 41.65 43.93 1 46.35 48.90 51.59 0052 Water Distribution Supervisor ME0052 41.65 43.93 46.35 48.90 51.59 0053 Water Production Supervisor ME0053 41.65 43.93 46.35 48.90 51.59 0056 1water Quality Supervisor ME0056 41.65 1 43.93 46.35 1 48.90 51.59 *Per Resolution 2016-75 adopted on 11/07/16 the title of Safety/Loss Prevention Analyst was changed to Senior Risk Management Analyst. **Per Resolution 2016-XX adopted on 12/19/16 the position of Senior Trial Counsel was created. *PER RESOLUTION 2016-75 ADOPTED ON 11/07/16 AND RESOLUTION 2016-xx ADOPTED 12/19/16 Res. No. 2016-76 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on December 19, 2016 by the following vote: AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson NOES: None ABSENT: None RECUSE: None 1�� �&744474JWM) ' City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California