HomeMy WebLinkAboutAdopt Resolution No. 2016-66, modifying the Non-Represented Dept. ID HR 16-025 Page 1 of 2
Meeting Date: 10/17/2016
CITY OF HUNTINGTON BEACH
b$ 1, ; k REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 10/17/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E. Gates, City Attorney
PREPARED BY: Michele Warren, Human Resources Director
SUBJECT: Adopt Resolution No. 2016-66, modifying the Non-Represented Employees
Resolution No. 2016-50 to add the Deputy Community Prosecutor position
Statement of Issue:
The formation of the Deputy Community Prosecutor position established via City of Huntington
Beach Ordinance No. 4105 requires an amendment to the Non-Associated Resolution 2016-50.
Financial Impact:
Funding for the Deputy Community Prosecutor is included in the FY 2016-17 budget.
Recommended Action:
Adopt Resolution No. 2016-66, "A Resolution of the City Council of the City of Huntington Beach
Modifying the Non-Represented Employees Resolution to Add the Deputy Community Prosecutor."
Alternative Action(s):
Reject the amendment to the Non-Associated Resolution and direct staff to establish the Deputy
Community Prosecutor in an alternative manner consistent with California Code of Regulations
(CCR) Title 2, Section 570.5 and 571.
Analysis:
On September 19, 2016, the City Council, via Ordinance No. 4105, approved a modification to the
Huntington Beach Municipal Code, Section 2.76.010, establishing the Deputy Community
Prosecutor as excluded from the competitive service.
Reporting directly to the City Attorney, the primary responsibility of this position will be to represent
the people of the City of Huntington Beach in relevant legal matters related to jury and non-jury
trials involving criminal misdemeanor cases, i.e., property crime, public intoxication, theft, fraud,
shoplifting, drug possession, trespassing, etc., on behalf of the City in support of local law
enforcement. The position will be non-represented/non-associated and is not part of the competitive
service. The Deputy Community Prosecutor (job description attached) is established at pay grade
NA0699. The base annual compensation is estimated to be $100,000.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain public safety
Enhance and maintain City service
HB -49- Item 4. - 1
Dept. ID HR 16-025 Page 2 of 2
Meeting Date: 10/17/2016
Attachment(s):
1. Resolution No. 2016-66, incl. Exhibit A, modified NA Salary Table
2. Ordinance No. 4105
I Deputy Community Prosecutor Job Description
Item 4. - 2 HB -50-
ATTAC
H M ENT # 1 ICI
RESOLUTION NO. 2016-66
A RESOLUTION OF THE CITY COUNCIL
MODIFYING THE NON-REPRESENTED EMPLOYEES RESOLUTION TO ADD
THE DEPUTY COMMUNITY PROSECUTOR
WHEREAS, the City Council of the City of Huntington Beach desires to modify the non-
represented employees resolution upon adoption of this resolution to include the position of
Deputy Community Prosecutor.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. Salaries and Benefits for Non-Represented employees is hereby amended
to include the Deputy Community Prosecutor as reflected in Exhibit "A", attached hereto
and incorporated by this reference.
SECTION 2. All other benefits and salary ranges established.and reflected in the Non-
Associated Employees' Pay and Benefits Resolution'20.16=50, shall remain in effect.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17TH day of OCTOBER 520 16%.orl ,
A 1 -4
4Wj4A
Mayor
REVI ND APPROVED: APPROVED AS TO FORM:
1
Cit n ger City Att6rney'
JNIT TE AND APP V
ctor of uman esources
144778.doc
Exhibit"A" - Resolution No. 2016-66
DRAFT EXHIBIT 1
NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE
EFFECTIVE OCTOBER 22, 2016
h
Pay Starting Control Hig
Grade Point Point Point
Job No. Description
EXECUTIVE MANAGEMENT
0591 1 City Manager NA0591 NA NA 128.29
DEPARTMENT HEADS
0592 Assistant City Manager NA0592 85.82 95.51 106.32
0009 Director of Building & Safety NA0009 74.64 83.07 92.46
0014 Director of Community Services NA0014 74.64 83.07 92.46
0008 Director of Economic Development NA0008 74.64 83.07 92.46
0574 Director of Human Resources NA0574 74.64 83.07 92.46
0479 Chief Information Officer NA0479 74.64 83.07 92.46
0007 Director of Library Services NA0007 69.94 77.85 86.66
0589 Community Development Director NA0589 80.82 89.97 100.13
0010 Director of Public Works NA0010 80.82 89.97 100.13
0518 Chief Financial Officer NA0518 80.82 89.97 100.13
0015 Fire Chief NA0015 85.82 95.51 106.31
0011 1 Police Chief NA0011 85.82 95.52 106.31
ELECTED OFFICIALS
0016 1 City Attorney I NA0016 100.181 111.51 124.10
0017 ICity Clerk I NA0017 1 69.941 77.851 1 86.66
ELECTED OFFICIALS PART-TIME
0018 1 City Treasurer- PART-TIME I NA0018 1 1 74.641 1 83.071 1 92.46
*Annual Salary Nat to Exceed t
CONTRACT NON-DEPARTMENT HEAD
Job No. Description Pay A B C D E
Grade
593 Chief Assistant City Attorney NA0593 71.05 74.96 79.08 83.43 88.01
699 Deputy Community Prosecutor' NA0699 43.20 45.58 48.08 50.73 53.52
Per Ordinance 3855 adopted on 1/19/10, Building&Safety Department duties were combined with the Planning
Department creating a new position of Director of Planning and Building.
Per Ordinance 4086 adopted 4/18/16:the position of Finance Director was changed to Chief Financial Officer, the Director
of Information Services was changed to Chief Information Officer and the Director of Planning and Building was changed to
Community Development Director.
Per Resolution 2010-106 adopted on 12/20/10 the City Treasurer was established as a part-time position.
Per Ordinance 3906 adopted on 2/7/11 amended the title of City Administrator to City Manager.
Per Council action on 11/19/12,the position of Chief Assistant City Attorney was established.
Per Resolution 2012-95 adopted on 12/17/12 the title of Deputy City Manager was changed to Assistant City Manager.
Per Ordinance 4105 and Resolution 2016-XX adopted on 10/17/16 the position of Deputy Community Prosecutor was
established.
Item 4. - 4 NB -_52-
Res. No. 2016-66
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, 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 October 17, 2016 by the
following vote:
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
i
i
ORDINANCE NO. 4105
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING
SECTION 2.76.010 THEREOF RELATED TO
EXCLUSIONS FROM COMPETITIVE SERVICE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Section 2.76.010 of the Huntington Beach Municipal Code entitled
"Exclusions From Competitive Service" is hereby amended to read as follows:
2.76.010 Exclusions From Competitive Service
Pursuant to Section 403 of the City Charter, it is declared that all
departments and appointive officers and employees of the City are
included within the personnel system and the competitive service except:
A. Elective officers;
B. City Manager;
C. Assistant City Manager;
D. Members of appointive boards, commissions and committees;
E. Persons engaged under contract to supply expert, professional,
technical or other services;
F. Emergency employees who are hired to meet the immediate
requirements of the emergency;
G. Employees who are employed to work a regular schedule of less
than 1040 hours in any fiscal year;
H. Temporary employees;
1. Appointive department heads;
J. Appointive Deputy City Treasurer;
K. Ambulance operators;
L. Chief Assistant City Attorney; and
M. Deputy Community Prosecutor.
1
RLS 7/15/16/16-5359/140197/PD
HB -53- Item 4. - 5
ORDINANCE NO. 4105
SECTION 2. That this Ordinance shall become effective thirty (30) days after its
adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on r/7+42016.
Ma o
ATTEST: APPROVED AS FORM:
4&hW&ZI-44)
City Clerk 'City A orney
REVIE D APPROVED: I1s1ATED AN P ROVED:
City an er �Attorney
2
RL.S 7/1 5/1 6/1 6-5 3 59/1 40 1 97/PD
Item 4. - 6 HB -54-
Ord. No. 4105
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, 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 ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
[.Robin Estanislau,CITY CLERK of the City of
Huntineton Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on September 29;2016. 4q40L� n _
"Jo
In accor cc with the City Charter of said City. (y/J��•Ij~
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
HB -55- Item 4. - 7
ATTACHMENT #3
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: DEPUTY COMMUNITY PROSECUTOR DATE: OCTOBER 17, 2016
JOB CODE: 0699
EMPLOYMENT STATUS: REGULAR FULL-TIME
UNIT REPRESENTATION: NON-ASSOCIATED
FLSA STATUS: EXEMPT
JOB SUMMARY
Under administrative direction of the City Attorney, the Deputy Community Prosecutor represents the
people of the City of Huntington Beach in the Superior Court; prosecutes jury and non-jury trials
involving misdemeanor criminal cases.
DISTINGUISHING CHARACTERISTICS
This classification is designated as "at will" and is excluded from the competitive service and the City's
Classification Plan.
EXAMPLES OF ESSENTIAL DUTIES
• Under the direction of the City Attorney, leads the City's prosecutorial efforts for Municipal Law and
Penal Code violations that occur in Huntington Beach
• Under the direction of the City Attorney, works with the Huntington Beach Police Department, the
Orange County District Attorney's Office, and meets/works with the community, to prosecute a
variety of Huntington Beach criminal misdemeanor cases involving, property crime, public
intoxication, theft, fraud, shoplifting, drug possession, trespassing, etc., on behalf of the City in
support of local law enforcement
• Reviews law enforcement arrest and incident reports and cases to determine whether to file, reject,
or to refer for an office hearing or mediation; implement office policies and procedures relating to
the disposition of cases
• Reviews criminal misdemeanor cases; researches, reviews and drafts motions; interviews victims
and witnesses; represents the People in arraignments and pretrial conferences; conducts court
hearings, trials, motions, and restitution hearings
• Responds to inquiries from police and other attorneys; researches legal issues and provides legal
opinions and advice to law enforcement personnel; trains law enforcement personnel on
developments and effective prosecution techniques
• Assists other prosecutors in all phases of legal work on the more complex cases; attends
community and other meetings where prosecution matters are discussed
• Prepares a variety of reports and studies related to current trends in criminal prosecution
• Conceptualizes and reviews criminal misdemeanor cases; drafts complaints and motions, briefs
and legal memoranda; interviews witnesses; represents the City in arraignments and pretrial
conferences; presents cases in court, including all phases of pretrial, trial and appellate work
Page 1 of 4
Item 4. - 8 HB -56-
CITY OF HUNTINGTON BEACH Sub ity�
CLASS SPECIFICATION ,
TITLE: DEPUTY COMMUNITY PROSECUTOR DATE: OCTOBER 17, 2016
• 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
to law enforcement personnel; develops and conducts training programs with and for other
departments and agencies
• 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 prosecution matters are discussed with various boards and
committees
• Develops and implement creative strategies and responses to deter crime locally, including
modifications to codes and ordinances
• Maintains effective and extensive professional relationships with representatives of other local,
state and federal agencies
• Reports to work as scheduled, works a variety of schedules including evenings, weekends, and
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:
- Criminal and civil trial procedures and practices
- Procedures and practices of superior court system, including civil and criminal divisions
- Federal Constitution, Federal laws, State laws, State Penal Codes, City Charter and Municipal
Codes, and Municipal Zoning Codes
- Organization, function, and legal limitations on the authority of various City departments and
enforcement and procedural issues
- State and Federal constitutional and statutory provisions relating to crime and municipalities
- Accepted legal principles and court decisions
- Judicial procedure, rules of civil and criminal procedure, and rules of criminal and civil evidence
- Principles of criminal and civil law
Ability to:
Page 2 of 4
xB -57- Item 4. - 9
CITY OF HUNTINGTON BEACH Suety
4'",
CLASS SPECIFICATION ' u,
, �. ,
IL
TITLE: DEPUTY COMMUNITY PROSECUTOR DATE: OCTOBER 17, 2016
- Work under the City Attorney and with other City Attorney staff to effectively represent the City
in the local prosecution of crimes,
- Successfully conduct Criminal Trials, with a demonstrable history of trial experience in both
felonies and misdemeanors
- Successfully and effectively prosecute cases pursuant to current Federal, State and local laws,
Ordinances, Codes and regulations
- Analyze, appraise, and organize facts, evidence, and precedents and presents them in oral and
written reports
- Review, discuss, and advise regarding legal policy issues
- Work cooperatively with other employees, customers, clients, and the public
- Demonstrate judgment in determining when to appeal, when to negotiate, and when to pursue
major actions
- Produce documents written in the English language using proper sentence structure,
punctuation, grammar, and spelling
- Perform a broad range of supervisory responsibilities over others
- Review and check the work of others to ensure accuracy
- 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 criminal, municipal or related
government law, including significant trial experience prosecuting misdemeanor and felony cases to
verdict.
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.
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
Item 4. - 10 HB -58-
CITY OF HUNTINGTON'BEACH
Y
CLASS SPECIFICATION
TITLE: DEPUTY COMMUNITY PROSECUTOR DATE: OCTOBER 17, 2016
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS
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.
Page 4 of 4
HB -59- Item 4. - 11