HomeMy WebLinkAbout09/19/1989, C-9 - APPOINTMENT OF CITY ATTORNEY rff
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city of San lues OBISpo 9
COUNCIL AGENDA REPORT -
FROM Ann McPike, Personnel Director
SUBJECT: Appointment of City Attorney
CAO RECOMMENDATION:
A) Adopt resolution appointing Jeffrey G. Jorgensen, Esq., to the position of
City Attorney and set forth the employment agreement setting.
B) Adopt resolution setting compensation for the City Attorney.
C) Adopt resolution authorizing CAO to execute an agreement with Jeffrey G.
Jorgensen to provide legal services on an interim basis until he formally
assumes the position of City Attorney in November of 1989.
BACKGROUND:
SUMMARY:
In March, 1989, Mr. Roger Picquet resigned as City Attorney of San Luis Obispo
to enter private practice. The City Council contracted with Ralph Anderson and
Associates, an executive search firm, to conduct a statewide recruitment. The
recruitment process, yielding a total of 25 applicants, culminated in a three
day assessment center involving eight final candidates. The City Council
announced on September 11, 1989, their selection of Jeffrey G. Jorgensen to fill
the position of City Attorney.
Mr. Jorgensen is currently a private practice attorney and represents the City
of Atascadero among other public agency clients. He is a member of the
California Bar Association and a resident of San Luis Obispo.
Charter Section 701 assigns the Council the responsibility of appointing the
City Attorney and therefore determining employment terms and conditions.
DISCUSSION:
RECOMMENDATION A:
Adoption of this resolution sets forth the employment agreement between the City
Council and the City Attorney and defines employment terms and conditions. In
summary, it establishes:
1) Effective starting date: November 10, 1989.
2) Termination and Severance Pal: Lump sum cash payment equal to three
months total compensation.
3) Compensation: As per the Managerial Compensation Plan which
establishes the salary range and fringe benefit package for appointed
officials and the management team.
4) Outside employment: Requires prior Council approval.
RECOMMENDATION B:
Adoption of this resolution sets the starting salary for the new City Attorney
at $5625 per month. This is consistent with the Managerial Compensation Plan as
the amount fits within the designated salary range for City Attorney ($4600 -
5900) per month). 1 f_/
i city of San Luis OBIspo
COUNCIL AGENDA REPORT
CAppointment of City Attorney
Page 2
RECOMMENDATION C:
Adoption of this resolution authorized the CAO to enter into an agreement with
Mr. Jorgensen to provide legal services to the City on an interim basis until
his effective starting date of November 10, 1989. This will afford him the
opportunity to become familiar with City legal issues and to assist a very busy
department. He will be compensated on an hourly basis of $110.00 per hour plus
expenses.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTIONS:
A) The City Attorney position would remain vacant until such time as Council
selected another finalist or directed consultant and/or staff to resume
recruitment efforts. This would require the City to continue to rely
heavily upon contract legal services and an understaffed City legal
department.
B) The City Council would have to reenter salary negotiations with Mr.
Jorgensen to establish a different salary.
C) 1. Additional legal assistance would not be provided that would have been
of benefit to an extremely busy department; correspondingly, reduced
levels of expenditure would be realized.
2. Longer lead-time necessary for Mr. Jorgensen to become familiar with
City legal issues.
FISCAL IMPACT:
Recommendation A: None.
Recommendation B: The position of City Attorney is a fully budgeted position in
the 1989-91 budget. No additional funding is necessary.
Recommendation C: Sufficient salary savings is available due to City Attorney
vacancy from March through November. Funds expended will be dependent upon the
number of hours Mr. Jorgensen is available for this assignment.
CONCURRENCE:
None required.
,I� City Of San luis OBiSpo
COUNCIL AGENDA REPORT
Appointment of City Attorney
Page 3
CAO RECOMMENDATION:
A. Adopt resolution that sets forth an employment agreement with Jeffrey G.
Jorgensen as City Attorney.
B. Adopt resolution setting compensation for the new City Attorney.
C. Adopt resolution that authorizes CAO to execute a legal services agreement
with Jeffrey Jorgensen effective September 19 - November 10, 1989.
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Attachments
Resolutions (3)
Legal Services Agreement
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RESOLUTION NO. (1989 Series)
RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
^ APPROVING AN .AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF SAN LUIS OBISPO
AND JEFFREY G. JORGENSEN
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. That certain agreement attached hereto, marked "Exhibit
A, and incorporated herein by reference, between the City of San Luis
Obispo and Jeffrey G. Jorgensen is hereby approved and the City
Administrative Officer is authorized to execute the same.
On motion of seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this day of
1989.
MAYOR RON DUNIN
ATTEST:
CITY CLERK PAM VOGES
APPROVED:
City Administrativ Officer
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City t or Iy /
Fin ce Direct[orr
lust "-
Personnel Director
LEGAL. SERVICES -AGREEMENT
1. IDENTIFICATION OF PARTIES. This Agreement, executed in duplicate
with each party receiving an executed original, is made between JEFFREY G.
JORGENSEN, Attorney at Law (hereinafter referred to as "Law Firm") and
CITY OF SAN LUIS OBISPO (hereinafter referred to as "Client").
THIS AGREEMENT is required by Business and Professions Code Section
6148 and is intended to fulfill the requirements of that section.
2: LEGAL SERVICES TO BE PROVIDED. The legal services to be provided
by Law Firm to Client are as follows:
A. Furnishing of legal advice, preparation of legal documents
and generally performing legal office work. In addition, Law Firm
shall attend, as needed and instructed, City Council meetings and any
other meetings, as requested by City Administrative Officer or Acting
City Attorney.
1
B. Representing City in civil litigation involving City as party
plaintiff or party defendant, but only upon direction of the Acting
City Attorney.
C. Acting as city prosecutor as directed by the Acting City
Attorney.
3. RESPONSIBILITIES OF LAW FIRM AND CLIENT. Law Firm will perform
the legal services called for under this Agreement, keep Client informed
of progress and developments, and respond promptly to Clients' inquiries
and communications. Client will be cooperative with Law Firm, keep Law
Firm reasonably informed of developments and provide necessary information
and staff coordination and timely make any payments required by this
Agreement:
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4. ATTORNEY'S FEES. Clients will pay Law Firm according to Law
Firm's regular rates for the legal services provided under this
OAgreement. Law Firm's current hourly rates are as follows:
Jeffrey Jorgensen $110 per hour
($120 per hour for litigation)
Other Attorneys same as for Jeffrey Jorgensen
unless a lesser rate is agreed
upon by the parties
Law Firm will charge in increments of one tenth of an hour, rounded off
for each particular activity to the nearest one tenth of an hour. The
minimum time charged for any particular activity will be one tenth of an
hour.
Law Firm will charge for all activities undertaken in providing legal
services to Client under this Agreement, including, but not limited to,
the following: conferences, court sessions, council or other meetings,
and depositions (preparation and participation) ; correspondence and legal
documents (review and preparation) ; legal research; and telephone
conversations.
If, while this agreement is in effect, Law Firm increases the hourly
rates being charged to Client generally for attorney's fees, that increase
may be applied to fees incurred under this Agreement, but only with
respect to services provided thirty (30) days or more after written notice
of the increase is mailed to Client. If Client chooses not to consent to
the increased rates, Client may terminate Law Firm's services under this
agreement by written notice effective when received by Law Firm, provided
Client execute and return a substitution-of-attorney form immediately on
its receipt from Law Firm if Law Firm is Client's attorney of record in
any proceeding. Client acknowledges that Law Firm has made no promisee
about the total amount of attorney's fees to be incurred by Client under
this Agreement.
S. COSTS. Client will pay all "costs" in connection with Law Firm's
representation of Client under this Agreement. Costs will be advanced by
Law Firm and then billed to Client unless the costs can be met out of
client deposits that are applicable toward costs. Costs includes but are
not limited to, court filing fees, deposition costs, expert fees and
expenses, investigation costs, long-distance telephone charges, messenger
service fees, photocopying expenses, fax copies, and process server fees.
6. STATEMENTS AND PAYMENTS. Law Firm will send Client monthly
statements indicating attorney's fees and costs incurred and their basis,
any amounts applied from the deposit, and any current balance owed. If no
attorney's fees or costs are incurred for a particular month, or if they
are minimal, the statement may be held and combined with that for the
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following month. Any balance will be paid in full within thirty (30) days
after the statement is mailed.
7. EFFECTIVE DATE OF AGREEMENT. The effective date of this
Agreement will be September 19, 1989.
8. AMENDMENTS. The parties agree to consider any necessary and
desirable amendments to this Agreement which best implement the .
contractual relationship created herein.
9. ENFORCEMENT OF AGREEMENT. If any legal action is necessary to
enforce the provisions of this Agreement, the prevailing party shall be
entitled to costs, including reasonable attorney's. fees.
The foregoing is agreed to by:
Client: Law Firm:
City of San Luis Obispo Jeffrey G. Jorgensen
BY: Q2-�&z-
John
Dunn ,�44re G. rg sen, Esq.
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Dated: Dated: A L- Ak°
Resolution No. (1989 Series)
CI A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO SETTING FORTH THE AGREEMENT
BETWEEN THE COUNCIL AND JEFF JORGENSEN,
CITY ATTORNEY, REGARDING COMPENSATION
AND RELATED MATTERS
WHEREAS, Charter Section 701 provides that the Council is responsible
. for the appointment and removal of the City Attorney; and
WHEREAS, the Council has conducted an extensive search for a City
Attorney and desires to appoint the best qualified candidate to the
position: and
WHEREAS, the Council is committed to developing and promoting an
effective and professional Management Team, including the City .Attorney;
and
WHEREAS, the Council by resolution has established a Managerial
Compensation Plan for Appointed Officials and Certain Management Personnel
including the City Attorney; and,
WHEREAS, the Council has evaluated the relevant compensation factors
for the City Attorney; and
WHEREAS, the Council desires to adjust the compensation of the City
Attorney commensurate with the level of performance and consistent with
the goals and purposes of the Appointed Officials Policies and Procedures;
and
WHEREAS, the Council desires to address other matters relating to the
terms and conditions of employment for the City Attorney;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
O
Resolution No. (1989 Series)
C Page 2
SECTION 1 . Employment Terms and Conditions
In consideration of Mr. Jorgensen's acceptance of the above
confirmation of employment, this Council adopts the following employment
terms and conditions:
A. Effective Date.
November 10. 1989, is hereby designated as the date of
commencement of Mr. Jorgensen's duties to serve directly for and at the
pleasure of the City Council .
B. Termination and Severance Pay.
In the event Mr. Jorgensen's employment is terminated by the
Council during such time that he is willing and able to perform the duties
of City Attorney the City agrees to pay him a lump sum cash payment equal
to three (3) months compensation (salary and all appointed officials
fringe benefits) . Should Mr. Jorgensen obtain employment during the
three-month period following termination, he shall reimburse City
proportionately. In the event that he is terminated for good cause then
the City shall have no obligation to pay the lump sum severance payment
mentioned above. In the event Mr. Jorgensen voluntarily resigns his
position with the City, he shall give the Council at least one ( 1) month
advance written notice.
C. Compensation.
Mr. Jorgensen's salary shall be established by Council
resolution. This salary may be adjusted by appropriate action of the
Council at any time in accordance with Section 1 of the Managerial
C- i - 1U
O Resolution No. (1989 Series)
Page 3
Compensation Plan for Appointed Officials and Certain Management
Personnel .
All other compensation and benefits afforded under the Managerial
Compensation Plan shall be in full force and effect..
D. Outside Employment, Conduct and Behavior.
(i) Mr. Jorgensen may engage in outside activities such as
part-time teaching, consulting, or in other similar activities unrelated
to City business only with the express prior approval of the Council .
( ii) Mr. Jorgensen shall comply with all local and state
requirements regarding conflicts-of.interest and shall avoid personal
involvement in situations which are inconsistent or incompatible with the
position of City Attorney or give rise to the appearance of impropriety.
E. Professional Development.
City shall provide funds for certain items, activities and
materials deemed necessary and desirable for Mr. Jorgensen's continued
professional development, participation, growth and advancement, and
therefore, for the good of the City. Those items, activities and
materials shall include:
(i) Professional dues and subscriptions necessary for full
participation in appropriate and relevant associations and organizations.
(ii ) Travel and subsistence expenses for professional meetings and
similar functions (e.g. , short courses, institutes, seminars) to foster
professional development.
(iii ) Others, as shall be agreed upon from time to time between Mr..
1 Jorgensen and City.
�J ,
Resolution No. (1989 Series)
Page 4
F. Other terms and Conditions of Employment.
The Council shall set any such other terms and conditions of
employment as it may determine from time to time, relating to the
performance of Mr. Jorgensen, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this resolution,
the City Charter or any other law.
G. General Provisions.
It is the intent of the Council that this agreement and the
appointment of Mr. Jorgensen as City Attorney be in accordance with the
requirements and provisions of the Charter. Wherever possible the
provisions of this resolution shall be construed in. a manner consistent
with the Charter. If any provision of this resolution conflicts with the
,J. Charter, the Charter shall control . An invalid provision of this
resolution is severable and shall not affect any other provision.
On motion of seconded by
and on the following roll call vote:,
AYES:
NOES:
ABSENT:
Mayor Ron Dunin
ATTEST: ACCEPTED: September 13, 1989
Pam Voges, City Clerk
Je G. Jon sen, Esq.
Resolution No. (1989 Series)
Page 5
APPROVED:
,re"ity Administrati Officer
Fin ce D' ctor
Personnel Director
n
RESOLUTION NO. (1989 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO SETTING COMPENSATION
FOR THE; CITY ATTORNEY
WHEREAS, the City Council establishes the salary range for among other
positions, the City Attorney in the :Managerial Compensation Plan for
Appointed Officials and Certain Management Personnel (Resolution No.
6604 - 1989 Series; and
WHEREAS, the City Council has evaluated compensation factors for the
City Attorney under Section 2 of the Management Compensation Plan for
Appointed Officials and Certain Management Personnel (Resolution No.
6604 - 1989 Series) ; and
WHEREAS, by Resolution No. 6604 (1989 Series) , the City Council
established compensation for City Attorney.
NOW, THEREFORE, BE IT RESOLVED by the: Council of the City ofSan Luis
Obispo as follows:
SECTION 1 . Effective November 10, 1989, the City Attorney salary
shall be $5625.00 per month.
SECTION 2. All other compensation and benefits afforded the City
Attorney under the Managerial Compensation Plan (Resolution
No. 6604 - 1989 Series) , and the City Attorney Employment Agreement not
superseded by the above, shall remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance
of the City Attorney at the mid-year review.
Resolution No. (1989 Series)
Page 2
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this day of
1989.
MAYOR RON DUNI
ATTEST:
PAM VOGES, CITY CLERK
APPROVED:
ftft(,GITY ADMINISTRATIVE OFFICER
CITY AT N
FINIKNCE
AC14
DIRECTOR
PERSONNEL DIRECTOR