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HomeMy WebLinkAbout62-23 RESOLUTION0 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 62-23 File Number: 2023-469 ADDITION OF A FULL-TIME POSITION(FTE - U - SENIOR ASSISTANT CITY ATTORNEY POSITION: A RESOLUTION TO AUTHORIZE A FOURTH FULL-TIME EQUIVALENT POSITION, SENIOR ASSISTANT CITY ATTORNEY, IN THE CITY ATTORNEY'S OFFICE WHEREAS, for three decades the Fayetteville City Attorney's Office has been staffed with two attorneys and a secretary/paralegal; and WHEREAS, during these three decades, Fayetteville's population has more than doubled from about 42,000 to 94,000 and the City's staff has also had to increase dramatically to adequately supply quality services to our growing population; and WHEREAS, after being sworn into office as Fayetteville City Attorney on March I, 2001, Kit Williams has never requested an increase in staffing levels in the Legal Department from the three in the City Attorney's Office and ten in the City Prosecutor's Office; and WHEREAS, there have been increasing demands upon the City Attorney Office's time and services creating and modifying extensive and complex contracts, leases, and agreements; defense of court challenges to City Council decisions and ordinances; potential new and somewhat novel Fayetteville Code regulations (Short-term Rentals, Outdoor Refreshment Areas, Entertainment District towing regulations, potential Stormwater Utility Fee, etc.); and likely significant new condemnation litigation required to obtain several out of town easements for the new S40 Million transmission water main from Benton County to Fayetteville; and WHEREAS, the City Attorney's Office with a third attorney will be able to furnish even quicker responses for legal advice, preparation and review of legal documents, and litigation duties; and WHEREAS, the Fayetteville City Attorney's Office should be authorized to create a new position of Senior Assistant City Attorney as soon as possible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an increase of one full time equivalent position of Senior Assistant City Attorney for the City Attorney's Office within the City Attorney's Department. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further requests that a budget adjustment be created in the amount necessary to fund this position for the remainder of 2023 and be presented to the City Council Page 1 Resduboa 62-23 Fle Number, 2023469 for approval when the funding amount has been determined. PASSED and APPROVED on March 7, 2023 Page 2 Attest: CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 7, 2023 TO: Mayor Jordan and City Council THRU: FROM: Kit Williams, City Attorney DATE: SUBJECT: Senior Assistant City Attorney Position CITY COUNCIL MEMO 2023-469 RECOMMENDATION: City Council approval to create a Senior Assistant City Attorney position in the City Attorney's Office BACKGROUND: For over 21 years, I have managed the City Attorney's Office without asking for any increase in personnel. Indeed, the City Attorney's Office has not had an increase in personnel for over three decades. Fayetteville's population has more than doubled during that time and the City of Fayetteville's workforce has had to also be substantially increased. I have also kept the City Prosecutor's Office at the same head count it was when I was sworn in office on March 1, 2001. The City Attorney's Office has been pushed thin these last few years with so much work needing to be done that I have often earned no vacation hours for months because my vacation bank was full, but I had too much to do to go on vacation. The amount of legal work we really need to do for just the normal day- to -day legal advice that is requested sometimes delays our responses and makes full legal research a real challenge. When the City gets sued as it was twice in the last few months, it becomes much more difficult to timely accomplish our normal work and also prepare lengthy answers, motions and briefs, conduct and respond to discovery requests (depositions, etc.), attend hearings and trials, etc. The bottom line is that after three decades, the Fayetteville City Attorney's Office needs a third attorney. This is especially true not only because of increasing litigation against the City, but also the likely new condemnation cases that will have to tried for the $40 Million Water Transmission Main to access Beaver Water District's new transmission line to the Tontitown area. In addition, I understand the City is instituting a new procedure that could require the City Attorney's Office to review many more Freedom of Information requests submitted to City Departments and our responses, thereto. This might become a real time burden that must be accomplished very quickly to comply with the Freedom of Information Act. DISCUSSION: Therefore, I propose that the City Council create a new Senior Assistant City Attorney position to which I will appoint Assistant City Attorney Blake Pennington who has proven his competence and value during his more than nine years of service. This will leave his current Assistant City Attorney position open for which I anticipate many highly qualified, competent, and desirable applicants. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 By adding this first new position to the City Attorney's Office in three decades, my office will be able to improve our responsiveness both to the City Council and City Staff. Our most important work shall remain to offer quality, effective legal advice to accomplish City Council and Mayoral goals while avoiding dangerous legal risks as much as possible. In my over two decades working as City Attorney, the City of Fayetteville has avoided the repetition of legal mistakes that cost our taxpayers and ratepayers several million dollars in the 1990's. That has been accomplished because the City Council heeded my legal advice the few times a significant, costly legal mistake could have been made. The City Council properly upheld their duty to protect the City treasury despite occasional political pressures to take a chance. With the sufficient legal staffing that a third attorney would bring to the City Attorney's Office, I feel much more confident that we can continue to provide excellent and timely legal advice and effective legal defense of the City of Fayetteville far into the future. BUDGET/STAFF IMPACT: ATTACHMENTS: City Attorney Memo - Addition of a FTE - 1, SENIOR ASSISTANT CITY ATTORNEY JOB DESCRIPTION Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-469 Senior Assistant City Attorney Position A RESOLUTION TO AUTHORIZE A FOURTH FULL-TIME EQUIVALENT POSITION, SENIOR ASSISTANT CITY ATTORNEY, IN THE CITY ATTORNEY'S OFFICE WHEREAS, for three decades the Fayetteville City Attorney's Office has been staffed with two attorneys and a secretary/paralegal; and WHEREAS, during these three decades, Fayetteville's population has more than doubled from about 42,000 to 94,000 and the City's staff has also had to increase dramatically to adequately supply quality services to our growing population; and WHEREAS, after being sworn into office as Fayetteville City Attorney on March 1, 2001, Kit Williams has never requested an increase in staffing levels in the Legal Department from the three in the City Attorney's Office and ten in the City Prosecutor's Office; and WHEREAS, there have been increasing demands upon the City Attorney Office's time and services creating and modifying extensive and complex contracts, leases, and agreements; defense of court challenges to City Council decisions and ordinances; potential new and somewhat novel Fayetteville Code regulations (Short-term Rentals, Outdoor Refreshment Areas, Entertainment District towing regulations, potential Stormwater Utility Fee, etc.); and likely significant new condemnation litigation required to obtain several out of town easements for the new $40 Million transmission water main from Benton County to Fayetteville; and WHEREAS, the City Attorney's Office with a third attorney will be able to furnish even quicker responses for legal advice, preparation and review of legal documents, and litigation duties; and WHEREAS, the Fayetteville City Attorney's Office should be authorized to create a new position of Senior Assistant City Attorney as soon as possible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an increase of one full time equivalent position of Senior Assistant City Attorney for the City Attorney's Office within the City Attorney's Department. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further requests that a Page 1 Resolution: 62-23 File Number: 2023-469 budget adjustment be created in the amount necessary to fund this position for the remainder of 2023 and be presented to the City Council for approval when the funding amount has been determined. Page 2 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney TO: Mayor Blake Pennington City Council Assistant City Attorney Jodi Batker ParalegalCC: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer FROM: Kit Williams, City Attorney ' DATE: February 22, 2023 RE: The City Attorney's Office needs another Assistant City Attorney For over 21 years, I have managed the City Attorneys Office without asking for any increase in personnel. Indeed, the City Attorney's Office has not had an increase in personnel for over three decades. Fayetteville's population has more than doubled during that time and the City of Fayetteville's workforce has had to also be substantially increased. I have also kept the City Prosecutor's Office at the same head count it was when I was sworn in office on March 1, 2001. The City Attorneys Office has been pushed thin these last few years with so much work needing to be done that I have often earned no vacation hours for months because my vacation bank was full, but I had too much to do to go on vacation. The amount of legal work we really need to do for just the normal day- to-day legal advice that is requested sometimes delays our responses and makes full legal research a real challenge. When the City gets sued as it was twice in the last few months, it becomes much more difficult to timely accomplish our normal work and also prepare lengthy answers, motions and briefs, conduct and respond to discovery requests (depositions, etc.), attend hearings and trials, etc. The bottom line is that after three decades, the Fayetteville City Attorney's Office needs a third attorney. This is especially true not only because of increasing litigation against the City, but also the likely new condemnation cases that will have to tried for the $40 Million Water Transmission Main to access Beaver Water District's new transmission line to the Tontitown area. In addition, I understand the City is instituting a new procedure that could require the City Attorney's Office to review many more Freedom of Information requests submitted to City Departments and our responses, thereto. This might become a real time burden that must be accomplished very quickly to comply with the Freedom of Information Act. Therefore, I propose that the City Council create a new Senior Assistant City Attorney position to which I will appoint Assistant City Attorney Blake Pennington who has proven his competence and value during his more than nine years of service. Attached is the proposed Job Description and required qualifications for this important new position if approved by the City Council. This would leave his current Assistant City Attorney position open for which I anticipate many highly qualified, competent, and desirable applicants. By adding this first new position to the City Attorney's Office in three decades, my office will be able to improve our responsiveness both to the City Council and City Staff. Our most important work shall remain to offer quality, effective legal advice to accomplish City Council and Mayoral goals while avoiding dangerous legal risks as much as possible. In my over two decades working as City Attorney, the City of Fayetteville has avoided the repetition of legal mistakes that cost our taxpayers and ratepayers several million dollars in the 1990's. That has been accomplished because the City Council heeded my legal advice the few times a significant, costly legal mistake could have been made. The City Council properly upheld their duty to protect the City treasury despite occasional political pressures to take a chance. With the sufficient legal staffing that a third attorney would bring to the City Attorney's Office, I feel much more confident that we can continue to provide excellent and timely legal advice and effective legal defense of the City of Fayetteville far into the future. 2 CITY OF 9� FAYETTEVILLE ARKANSAS CITY OF FAYETTEVILLE Position Description POSITION TITLE: Senior Assistant City Attorney EXEMPT (Y/N): Yes SUPERVISOR: City Attorney Job Grade: J43 DEPARTMENT: City Attorney DIVISION: City Attorney DATE REVISED: March 7.2023 ESSENTIAL DUTIES AND RESPONSIBILITIES: Note: All City of Fayetteville positions require employees to provide good customer service to both internal and external customers, maintain positive and effective working relationships with other City employees (especially members of their own team), and have regular and reliable attendance that is non -disruptive. Other essential job functions include: l . Serve as the Acting City Attorney in the absence of the City Attorney. 2. Perform supervisory responsibilities which may include interviewing, hiring, and training employees; planning, assigning, and directing work; appraising performance, rewarding and disciplining employees; addressing complaints and resolving problems. Carry out supervisory responsibilities in accordance with the City's policies and applicable laws. 3. Assist in the training of and provide technical and legal guidance to Assistant City Attorney and Paralegal. 4. Perform legal research and prepare opinions on complex legal issues for the Mayor, City Council, city staff and a variety of other boards, commissions and committees of the City. 5. Prepare ordinances, resolutions, contracts, leases, and other legal instruments; review documents and offer opinion as to legal acceptability when presented to the City Attorney's Office. 6. Review and prepare Deeds and Offers and Acceptances for purchase or sale of City land. 7. Attend meetings and serve as principal legal advisor to the Planning Commission and Construction Board of Adjustments and Appeals. 8. Attend City Council meetings, City Council committee meetings, and meetings of other boards, commissions and committees of the City as assigned by the City Attorney. 9. Serve as primary office contact for Freedom of Information Act requests and defend the City in legal proceedings related to the Freedom of Information Act. 10. Represent the City in legal matters and bring legal actions and proceedings on behalf of the City; prepare pleadings, motions and briefs; defend the City in lawsuits; and represent the Board of Adjustment in appeals to Circuit Court. 11. Supervise and perform legal work pertaining to property acquisition, property disposal, to include condemnation proceedings in the Circuit Court. 12. Answer Writs of Garnishment served upon the City by employee's creditors. 13. Review items submitted for inclusion on the City Council Agenda. Senior Senior Assistant City Attorney - HR Format SECONDARY DUTIES AND RESPONSIBILITIES include the following: 1. Maintain the City Attorneys' Law Library, including internet-based legal research databases; maintain the City Attorney web pages; manage the City Attorney's office technology needs; represent the Legal Department on various Information Technology committees. 2. Perform secondary duties as assigned. 3. The Senior Assistant City Attorney is exempt from normal wage and hour regulations regarding overtime and must be willing to devote however much time is required to accomplish and complete job assignments even if in excess of forty hours per week. MINIMUM QUALIFICATIONS 1. Bachelor's Degree or equivalent from an accredited college or university. 2. Juris Doctorate Degree or equivalent from an accredited law school. 3. At least eight years of experience as a practicing attorney, which must include at least three years representing Arkansas municipalities or other local Arkansas governments and jury trial experience. 4. Valid Arkansas Law License and member in good standing with the Arkansas Bar. 5. Admission to the practice of law in the Western District of Arkansas Federal District Court, Arkansas Supreme Court, and Eastern and Western District Bankruptcy Courts prior to the first day on the job. 6. CM/ECF Certification for the Western District of Arkansas Federal District Court and Eastern and Western District Bankruptcy Courts prior to the first day on the job. 7. Effectively communicate with others orally and in writing. 8. Must be proficient in the use of a personal computer and other related software programs. Must be able to effectively operate standard office equipment. 9. While performing the functions of this job, the employee is regularly required to talk; use hands to finger, handle, or feel; reach with hands and arms. The employee frequently is required to move from location to location. The employee must occasionally lift and/or move up to 10 pounds. Standard vision abilities required to accomplish computer and office work. Senior Senior Assistant City Attorney - HR Format 2 RESOLUTION NO. A RESOLUTION TO AUTHORIZE A FOURTH FULL TIME EQUIVALENT POSITION, SENIOR ASSISTANT CITY ATTORNEY, IN THE CITY ATTORNEY'S OFFICE WHEREAS, for three decades the Fayetteville City Attorney's Office has been staffed with two attorneys and a secretary/paralegal; and WHEREAS, during these three decades, Fayetteville's population has more than doubled from about 42,000 to 94,000 and the City's staff has also had to increase dramatically to adequately supply quality services to our growing population; and WHEREAS, after being sworn into office as Fayetteville City Attorney on March 1, 2001, Kit Williams has never requested an increase in staffing levels in the Legal Department from the three in the City Attorney's Office and ten in the City Prosecutor's Office; and WHEREAS, there have been increasing demands upon the City Attorney Office's time and services creating and modifying extensive and complex contracts, leases, and agreements; defense of court challenges to City Council decisions and ordinances; potential new and somewhat novel Fayetteville Code regulations (Short-term Rentals, Outdoor Refreshment Areas, Entertainment District towing regulations, potential Stormwater Utility Fee, etc.); and likely significant new condemnation litigation required to obtain several out of town easements for the new $40 Million transmission water main from Benton County to Fayetteville; and WHEREAS, the City Attorney's Office with a third attorney will be able to furnish even quicker responses for legal advice, preparation and review of legal documents, and litigation duties; and WHEREAS, the Fayetteville City Attorney's Office should be authorized to create a new position of Senior Assistant City Attorney as soon as possible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an increase of one full time equivalent position of Senior Assistant City Attorney for the City Attorney's Office within the City Attorney's Department. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further authorizes a budget adjustment be approved in the amount necessary to fund this position for the remainder of 2023. PASSED and APPROVED this 7tn day of March, 2023. APPROVED: ATTEST: SENIOR ASSISTANT CITY Class Code: ATTORNEY CITY OF FAYETTEVILLE, ARKANSAS Established Date: ESSENTIAL JOB DUTIES: 1. Provide good customer service to both internal and external customers, maintain positive and effective working relationships with other City employees (especially members of their own team), and have regular and reliable attendance that is non -disruptive. 2. Serve as the Acting City Attorney in the absence of the City Attorney. 3. Perform supervisory responsibilities which may include interviewing, hiring, and training employees; planning, assigning, and directing work; appraising performance, rewarding and disciplining employees; addressing complaints and resolving problems. Carry out supervisory responsibilities in accordance with the City's policies and applicable laws. 4. Assist in the training of and provide technical and legal guidance to Assistant City Attorney and Paralegal. 5. Perform legal research and prepare opinions on complex legal issues for the Mayor, City Council, city staff and a variety of other boards, commissions and committees of the City. 6. Prepare ordinances, resolutions, contracts, leases, and other legal instruments; review documents and offer opinion as to legal acceptability when presented to the City Attorney's Office. 7. Review and prepare Deeds and Offers and Acceptances for purchase or sale of City land. 8. Attend meetings and serve as principal legal advisor to the Planning Commission and Construction Board of Adjustments and Appeals. 9. Attend City Council meetings, City Council committee meetings, and meetings of other boards, commissions and committees of the City as assigned by the City Attorney. 10. Serve as primary office contact for Freedom of Information Act requests and defend the City in legal proceedings related to the Freedom of Information Act. 11. Represent the City in legal matters and bring legal actions and proceedings on behalf of the City; prepare pleadings, motions and briefs; defend the City in lawsuits; and represent the Board of Adjustment in appeals to Circuit Court. 12. Supervise and perform legal work pertaining to property acquisition, property disposal, to include condemnation proceedings in the Circuit Court. 13. Answer Writs of Garnishment served upon the City by employee's creditors. 14. Review items submitted for inclusion on the City Council Agenda. SECONDARY JOB DUTIES: 1. Maintain the City Attorneys' Law Library, including internet-based legal research databases; maintain the City Attorney web pages; manage the City Attorney's office technology needs; represent the Legal Department on various Information Technology committees. 2. Perform secondary duties as assigned. 3. The Senior Assistant City Attorney is exempt from normal wage and hour regulations regarding overtime and must be willing to devote however much time is required to accomplish and complete job assignments even if in excess of forty hours per week. MINIMUM QUALIFICATIONS: l . Bachelor's Degree or equivalent from an accredited college or university. 2. Juris Doctorate Degree or equivalent from an accredited law school. 3. At least eight years of experience as a practicing attorney, which must include at least three years representing Arkansas municipalities or other local Arkansas governments. 4. Valid Arkansas Law License and member in good standing with the Arkansas Bar. 5. Admission to the practice of law in the Western District of Arkansas Federal District Court, Arkansas Supreme Court, and Eastern and Western District Bankruptcy Courts prior to the first day on the job. 6. CM/ECF Certification for the Western District of Arkansas Federal District Court and Eastern and Western District Bankruptcy Courts prior to the first day on the job. 7. Effectively communicate with others orally and in writing. 8. Must be proficient in the use of a personal computer and other related software programs. Must be able to effectively operate standard office equipment. 9. While performing the functions of this job, the employee is regularly required to talk; use hands to finger, handle, or feel; reach with hands and arms. The employee frequently is required to move from location to location. The employee must occasionally lift and/or move up to 10 pounds. Standard vision abilities required to accomplish computer and office work.