HomeMy WebLinkAbout09/05/2006 Blue Sheet Approving Assistant Town Attorney Position
MEETING DATE: September 5, 2006
AGENDA ITEM:
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
1.9
TO: MAYOR AND COUNCIL
FROM: Regina Fleming, Human Resources Director
AGENDA TITLE: Relatine: to Personnel; approving and authorizing the position of
Assistant Town Attorney.
DISCUSSION
The following is a proposed new position of Assistant Town Attorney for the Legal Department.
The addition of another staff attorney to assist the Town Attorney in civil matters providing legal
advice to the Mayor and Council, the Town Manager's Office, and the operational levels of all
Town departments is necessary to provide essential legal advice in the best possible timeframe
for all concerned.
ATTACHMENTS
Justification for the position.
RECOMMENDATION
Staff recommends authorization to hire an Assistant Town Attorney.
SUGGESTED MOTION
I move to approve the recommended position.
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Town of Marana
Job Description
Job Code:
Assistant Town Attorney
(Ineligible for overtime)
Definition:
Under general supervision but with considerable independence, provides administrative/managerial
functions associated with providing legal and general support to the Mayor and Town Council, Town
Manager, Town boards and commissions, and staff. The incumbent will be responsible for preparing/
reviewing legal documents; tracking, researching and interpreting legislative issues; maintaining official
Town legal records; assisting in litigation matters; prosecuting ordinance violation cases; providing legal
advice and support; and maintaining an awareness of legal/governmental requirements pertaining to
municipal government functions. Reviews and interprets Federal, State, County laws and Town codes,
charters, statutes, ordinances, rules, regulations, court decisions and other legal authorities; drafts
ordinances, resolutions, contracts, leases and other legal documents; represents the Town and Town
officers and employees in civil litigation filed in both State and Federal court; prepares pleadings, briefs,
motions and other documents.
Essential Functions: (Essential functions, as defined under the Americans with Disabilities Act, may
include the following tasks, knowledge, skills, and other characteristics. This list of tasks is
ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by
positions in this class.)
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Provide legal assistance and guidance to the Town Council and other Town officials; prepare, review,
and interpret ordinances, resolutions, contracts, bid requirements, and other legal documents for the
Town.
Analyze complex environmental issues and situations and evaluate the Town's potential liability and/or
its enforcement authority; and counsel elected officials, officers, and employees on recommended
courses of legal action.
Advise the Town Council and other Town officials by interpreting and providing legal opinions on
Uniform Code enforcement, including building, electrical, mechanical, fire, minimum housing,
dangerous and dilapidated buildings, zoning, health, sanitation, food and sanitation codes, state and
federal laws, other Town ordinances and specialized documents.
Confer directly with the public, press, and Town department heads and other Town employees
explaining Town ordinances, Town and state licenses and permits, rights of parties, trial results,
various rights of trial and appeal, and responses to complaints.
Litigate claims by or against the Town arising from civil rights actions, property, and personal injury
claims; defend the suits against Town personnel which arise out of their employment with the Town;
prepare cases for trial examining law and evidence and represent the Town at trial.
Attend briefings and meetings with and advises the Town Council, various boards and commissions,
and other Town officials on questions of law and legal issues; act as legal facilitator of various citizen
groups.
Give legal counsel to elected and appointed officials, boards, commissions, committees and Town
departments. This includes, but is not limited to, interpretation of Federal, State, County, and Town
Codes, charters, statutes, ordinances, resolutions, rules, regulations, court decisions, administrative
law decisions, and other legal authority.
1
Town of Marana
Job Description
Job Code:
Assistant Town Attorney
(Ineligible for overtime)
Make appearances and conduct litigation on legal matters before State and Federal courts, boards,
administrative agencies, and commissions. This includes preparation of pleadings, discovery, briefs,
motions and other documents in preparation and trial of cases and the handling of appeals.
Oversee services provided by outside legal specialists engaged by the Town for specialized legal
matters.
Prepares drafts and/or review the legality of legislation, ordinances, resolutions, administrative
policies, contracts, deeds, leases and other legal documents and instruments.
Confer with the Town Attorney to ascertain legal policy and then make decisions with respect to
prosecution, compromise and/or dismissal of civil and criminal litigation.
Assist in land, right-of-way and property acquisition and disposal on behalf of the Town.
Negotiate contracts, real estate purchases, and leasing transactions, including below market rate
housing transactions.
Directly, or under supervision of the Town Attorney, negotiates complex transactions including
development agreements.
May act for the Town Attorney in his/her absence or at his/her direction.
Supervision Exercised: None.
Knowledae. Skills. Abilities and Other Characteristics:
Knowledge of:
Knowledge of common law, local, state, and federal laws and constitutional provisions affecting Town
operation with ability to apply knowledge to varied legal problems.
General statutory and case law, with specific knowledge of law related to municipal government
functions;
Principles and practices of government organizations, powers and limitations of governmental
functions, organizational management and supervision; and
Organization and operating procedures of a municipal attorney's office;
Ability to:
Prepare analysis of law, fact, and argument, clearly and logically;
Analyze, appraise and apply legal principles and precedents to difficult legal problems and use
independent judgment;
Present statements of law, fact, and argument clearly and logically, including presenting complex
cases in court, including jury trials;
Prepare complex legal opinions and a wide variety of sophisticated legal documents;
2
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Town of Marana
Job Description
Job Code:
Assistant Town Attorney
(Ineligible for overtime)
Have a common-sense approach to decision making and balancing the needs of the requesting Town
client;
Work both collaboratively and independently using sound judgment, initiative, creativity and discretion
in responding to sensitive community and organizational issues, concerns, and needs;
Build credibility, trust and strong working relationships with internal and external clients by working
cooperatively and cOllaboratively, by working in a team environment, by seeking input from others, by
listening and communicating, by using tact and discretion and by communicating, when appropriate,
technical information in non-technical terms;
Handle a range of assignments from routine to complex.
Skill in:
Performing detailed and extensive legal research on complex issues using the latest in specialized
legal computer software and technology, i.e. Westlaw, internet;
Preparing and presenting complex cases to a variety of audiences.
Qualifications: J.D. or L.L.B. from an American Bar Association accredited law school. Five years of
relevant legal experience. Municipal law experience a must.
Special Reauirements: Active member in good standing of the State Bar of Arizona is required;
Workina Conditions: Work is performed in a normal office setting. Noise level is moderate, primarily
from office equipment.
Hazards: No perceptible hazards.
Essential Physical Abilities: The physical abilities described here are representative of those that must
be met by an employee to successfully perform the essential functions of this job. While performing the
duties of this job, the employee must have sufficient clarity of speech and hearing or other communication
capabilities that permit the employee to discern verbal instructions and communicate effectively on the
telephone and in person; sufficient vision or other powers of observation that permits the employee to
comprehend written work instructions and review, evaluate and prepare a variety of written/typed
documents and text materials; sufficient manual dexterity that permits the employee to operate standard
office equipment and a personal computer; sufficient personal mobility, flexibility and physical reflexes that
permit the employee to occasionally lift up to 20 pounds, to sit and work at a keyboard for an extended
period of time and to work in an office environment. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
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Town of Marana
Assistant Town Attorney
(Ineligible for overtime)
Job Description
Job Code:
Selection Guidelines: Formal application; rating of education, training and experience; oral interview and
reference check; job-related tests may be required.
The job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the Town and the
requirements of the job change.
Workers' Compensation Code: 8810
EEOC Code:
Salary Range:
Effective date: August 2006
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MARANA
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Human Resources Department
PERSONNEL REQUISITION
INSTRUCTIONS: This form is required to fill a position. Keep one copy and forward approved copy to the Human Resources
Department. A copy will be returned to the initiating Department when position is filled.
1 Job Title: Assistant Town Attorney 12 Department/Location: Legal
3 Employment Status:
Regular FIT ~ Regular PIT 0 Temporary FIT 0 Temporary PIT 0 Seasonal 0 Start Date_
If part time, what hours and days? _ Salary Range: Ul' to $80,000
If temporary: Dates of Temporary Assignment
Advertising request: Check all that apply ~Town of Maran a Website OAz League o Local newspapers
OInternet ad ~ Specific Source Arizona Attornev. The Writ
4 This Requisition is For: New Position ~ A Replacement 0 Other
) If This Is a Replacement, Fill In Name of Employee:
6 Reason: 7 Effective Date:
· Skill Requirements: /9 High SchooI/Equivalent: 110 College: III Certification: l~ Other:
Legal ~ ~ Admission to State Bar
J.j Degree, Major, Specific Training:
Juris Doctorate
{00001878.DOC /}
MARANA
Human Resources Department
4 Scope of Work. (List 6-8 bullet points and attach updated/current position description):
Researches laws to provide accurate and up-to-date legal advice;
Advises Town departments and officials on the legal propriety of proposed actions, including analysis and
assessment of claims;
Drafts and delivers oral and written legal opinions;
Prepares and advises in the preparation of ordinances, drafts legislation, and prepares contracts and other legal documents;
Gathers, analyzes, and organizes facts and evidence;
Makes oral and written presentations to Town Commissioners and to other public and private groups;
Represents the Town with other government agencies and in meetings with the public;
May represent the Town Attorney in his absence.
15 Personnel qualifications (special training/experience required, provide 6-8 requirements):
Juris Doctorate and two years full-time experience preferably in civil matters in a municipality.
Admission to the State Bar of Arizona upon hiring.
Legal writing sample.
Skill in gathering, analyzing, and organizing facts and evidence.
Skill in oral and written communication.
Skill in performing legal research electronically.
Ability to pass background check and fingerprint investigation.
Requested by: Hiring Mana
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Approved by: Depart nt
<.
e Reuwsaat
{OOOOI878.DOC /}
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MARANA
Human Resources Department
Justification for Assistant Town Attorney
Introduction
To create a new staff position, the supervisor of the unit or the department manager must
submit a request to create the position to the appropriate department head, who will
submit a recommendation to the Human Resources Department. Following review by the
HR department, the request will be submitted to the Town Manager's office for review.
The Department Head will provide along with the justification, a personnel requisition,
position description, associated budget necessary to staff the new position.
Process:
Provide information relevant to the replacement position: What services have not been
offered due to the vacancy; has there been irreparable harm (impact on department
effectiveness) due to the vacancy, etc.?
The addition of another staff attorney to assist the Town Attorney in civil matters
providing legal advice to the Mayor and Council, the Town Manager's Office, and the
operational levels of all Town departments is necessary to provide essential legal advice
in the best possible timeframe for all concerned.
Does this position require a high degree of specialization that the existing staff cannot
adequately provide to maintain the integrity and continuity of the department? (If so,
explain)
This position requires a Juris Doctorate degree and admission to the State Bar of
Arizona.
Are the department services in jeopardy without this position and is there evidence of
workload demand? (if so, explain)
An inquiry of various department heads will reveal that requests made of the Legal
Department are not expected to be satisfied in a short time unless a crisis is imminent.
{00001877.DOC /}
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Human Resources Department
Budget Implications:
Annual Salary:
$80,000
Employee related expenses:
$24,000
Office/workspace costs:
$ 5,000
Other entitlements
(car allowance, phone, laptop
service etc. attach justification)
$ 200 + $60/mth service (Blackberry)
$25 - $200 (depending on model) + $35/mth
(Nextel Cell phone)
Average cost would be approx. $500
IT associated costs:
$2,950 - Computer setup
$ 360 - Desk phone
Total costs for position:
$112,810
Does the department have sufficient resources in the budget for this position?
Yes No X
If no, provide justification: As stated above, the addition of another staff attorney to
assist the Town Attorney in civil matters providing legal advice to the Mayor and
Council, the Town Manager's Office, and the operational levels of all Town departments
is necessary" to provide essential legal "advice in the best possible" timeframe for all
concerned.
Also, an additional staff attorney would bring added stability and continuity to the Legal
Department providing coverage when the Town Attorney and/or Town Prosecutor are
focused on meetings and special projects and during vacations and sick days.
{00001877.DOC /}
ASSISTANT TOWN ATTORNEY
UP TO $80,000 annually, DOE
The Town of Marana Attorney's Office is seeking a highly motivated and detail-oriented
individual to assist the Town Attorney in civil matters providing legal advice to the
Mayor and Council, the Town Manager's Office, and the operational levels of all Town
departments.
Duties and Responsibilities, include, but are not limited to:
· Researches laws to provide accurate and up-to-date legal advice;
· Advises Town departments and officials on the legal propriety of proposed ac-
tions, including analysis and assessment of claims;
· Drafts and delivers oral and written legal opinions;
· Prepares and advises in the preparation of ordinances, drafts legislation, and pre-
pares contracts and other legal documents;
· Gathers, analyzes, and organizes facts and evidence;
· Makes oral and written presentations to Town Commissioners and to other public
and private groups;
· Represents the Town with other government agencies and in meetings with the
public;
· May represent the Town Attorney in his absence;
· Provides assistance to the Town Prosecutor from time to time.
TRAINING AND EXPERIENCE: Juris Doctorate and two years of full-time experience pref-
erably in civil matters in a municipality.
QUALIFICATIONS: Admission to the State Bar of Arizona and successful completion of a
background check and fingerprint investigation is required prjor to being hired.
How TO ApPLY: Interested applicants must submit completed application packets to the
Town of Marana, 11555 W. Civic Center Drive, Marana AZ 85653, prior to the close of
business on Application packets must include the following:
Town of Marana application, resume and cover letter, a writing sample, three references,
copy of Juris Doctor diploma, and documentation of membership with the State Bar of
Arizona.
Candidates will be screened for minimum qualifications, and qualified candidates will be
selected for an interview based on their training and experience as detailed in their appli-
cation packet.
{00001865.DOC I}