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HomeMy WebLinkAboutReso - CC - 005-2025RESOLUTION NO. 005-2025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING AN AMENDMENT TO THE DEPUTY/ASSISTANT CITY ATTORNEY CLASSIFICATION WHEREAS, under the City of Burlingame Civil Service Rules, adopted pursuant to Municipal Code Section 3.52.030, the City Council is the final authority for approving the classification and compensation plan, including any new or revised job specifications; and WHEREAS, the Deputy/Assistant City Attorney classification was established in March of 2019 (Resolution No. 27-2019); and WHEREAS, staff proposes to amend the Deputy/Assistant City Attorney classification to better reflect the current requirements and responsibilities of the position; and WHEREAS, this change in position is deemed necessary to effectively carry out the City’s priorities and support General Fund activities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame authorizes and adopts the revised Deputy/Assistant City Attorney classification, attached hereto. ____________________________ Peter Stevenson, Mayor I, Meaghan Hassel Shearer City Clerk of the City of Burlingame, certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 21st day of January, 2025, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: BROWNRIGG, COLSON, PAPPAJOHN, STEVENSON, THAYER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ____________________________ Meaghan Hassel-Shearer, City Clerk Docusign Envelope ID: 1B3808A3-50D6-4D1E-9918-B137909242D6 DEPUTY/ASSISTANT CITY ATTORNEY Page 1 of 3 DEPUTY/ASSISTANT CITY ATTORNEY Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. DEFINITION The Deputy/Assistant City Attorney is an “at-will” position and works under the direction of the City Attorney. The Deputy/Assistant City Attorney provides a wide range of professional legal services related to municipal government operations in a variety of civil and criminal matters; conducts legal research and prepares opinions, memoranda, contracts, ordinances and other legal documents; advises city departments, boards and commissions; and represents the city in a variety of litigation matters. DISTINGUISHING CHARACTERISTICS: This classification is flexibly staffed and may be filled at the Deputy or Assistant level. The levels are distinguished by the amount of experience in municipal law and level of independence exercised by the incumbent. At the Assistant level, the incumbent must be able to handle complex and sensitive matters independently, be capable of directly supervising outside counsel and appearing in court on the City’s behalf without supervision and be competent to handle Council and public communications without direct support from the City Attorney. The Deputy City Attorney must be able to complete complex legal tasks, including appearing in court on routine matters, and handle communications with the public and staff. However, the Deputy City Attorney may have less experience in municipal law and is expected to require more instruction and oversight from the City Attorney, particularly in addressing complex or novel issues. SUPERVISION EXERCISED AND RECEIVED: Receives direction from the City Attorney. Exercises technical and functional supervision over support staff as appropriate. ESSENTIAL FUNCTIONS: Duties may include, but are not limited to, the following: • Confer with and advise the City Council, departments, boards, and commissions concerning their duties, powers, and functions; perform legal research and prepare written and oral opinions on various legal issues for presentation to the City Council, City departments and various boards and commissions. • Advise the City Council, boards, commissions, and City staff on open government laws, including but not limited to the Brown Act, Public Records Act, conflicts of interest, and ethics laws. • Provide legal support to assigned departments; prepare, draft, and review ordinances, resolutions, contracts, deeds, leases, and other legal documents and instruments; review joint agency agreements, mutual aid agreements, grants, and various competitive bid documents. • Provide opinions as to the legal acceptability of agreements, contracts, covenants, and other binding documents presented to the City for consideration by outside parties or agencies. DEPUTY/ASSISTANT CITY ATTORNEY Page 2 of 3 • Represent the City in litigation and/or administrative hearings and supervise related activities; investigate claims and complaints against the City and take or recommend appropriate action. • Assist in or prepare cases including those related to the Municipal Code for hearings, trials, and other judicial proceedings; represent the City in such proceedings. • Review and analyze court rulings and legislation relative to their effect on municipal government operations; recommend changes in policies and procedures in order to meet current legal requirements. • Represent the City at various City Council, board and commission meetings and in court as directed. • Respond to requests for information from the general public, City staff, outside agencies, and other interested parties; research requested information. • Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service. • Perform related duties as assigned. • For Assistant City Attorney: Acts as City Attorney in their absence. QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification) Experience: • For Deputy City Attorney: one year of professional legal experience, with a preference for municipal law experience. • For Assistant City Attorney: three years of professional legal experience in municipal law. Education/Training: • Equivalent to a Juris Doctorate from an American Bar Association accredited law school. License or Certificate: • Active membership, in good standing, in the State Bar of California and Federal Courts. KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position) Knowledge of: • Legal principles and practices including civil, criminal, constitutional, and administrative law and related procedures. • Judicial procedures and rules of evidence; methods of legal research and analysis. • Statutes and court decisions relating to municipal government operations; Public Records Act; Brown Act and conflict of interest laws; Government Tort Claims Act, and liability insurance litigation. • Modern office equipment and methods including use of computer applications in word processing, spreadsheet, database, and visual presentation. • Municipal government operations, including zoning, planning, real property, labor and employment, environmental, public contracting, public safety, code enforcement, and civil and criminal procedures. • Ordinances, statutes and court decisions relating to municipal corporations. • Organization, operating procedures, duties, powers, limitations and authority of city government and the City Attorney's Office. • Established precedents and sources of legal reference applicable to municipal activities. DEPUTY/ASSISTANT CITY ATTORNEY Page 3 of 3 Ability to: • Perform professional legal work related to municipal government operations. • Prepare staff reports, resolutions, ordinances, and legal memoranda. • On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and problem solve operational and technical policy and procedures. • On a continuous basis, sit at desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less. • Learn ordinances, statutes and court decisions relating to municipal corporations. • Learn the organization, operating procedures, duties, powers, limitations and authority of municipal government and the City Attorney's Office. • Learn established precedents and sources of legal reference applicable to municipal activities. • Represent the City in a wide variety of judicial and administrative proceedings; prepare and present cases. • Analyze a wide variety of legal issues; organize, interpret and apply legal principles and knowledge of legal problems; analyze and prepare a wide variety of legal documents. • Apply legal knowledge and principles in court; conduct research on legal problems and prepare sound legal opinions. • Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work. • Independently perform a wide range of professional legal work related to municipal government operations. PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS: Ability to sit for long periods of time at a desk; stand and walk for moderate periods of time and crouch/stoop/squat occasionally. Ability to hear phones and normal conversations; speak, read and write correct English; receive and follow instructions; and remain calm during difficult situations. Ability to travel to remote worksites as needed. D501/D502 DEPUTY/ASSISTANT CITY ATTORNEY DEPARTMENT HEAD & UNREPRESENTED UNIT EXEMPT Created March 2019 Revised _________