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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/2010 - SECOND READING OF ORDINANCE NO. 040, 2010, AMENDIN DATE: April 20, 2010 STAFF: Steve Roy • - • • Second Reading of Ordinance No. 040, 2010, Amending Section 2-582 of the City Code Pertaining to the Creation and Elimination of Deputy and Assistant City Attorney Positions. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 6, 2010, amends Section 2-568(a)of the City Code to authorize the City Attorney to create and fill Deputy and Assistant Attorney positions as he or she deems necessary to meet the legal services needs of the City and to fulfill the City Attorney's duties and responsibilities under the City Charter,as long as sufficient funds have been appropriated and made available by the City Council to defray the costs associated with such positions. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-April 6, 2010 (w/o attachments) ATTACHMENT 1 DATE: April 6, 2010 AGENDA ITEM SUMMARY STAFF: Steve Roy r r FORTCOLLINS • First Reading of Ordinance No. 040, 2010, Amending Section 2-582 of the City Code Pertaining to the Creation and Elimination of Deputy and Assistant City Attorney Positions. EXECUTIVE SUMMARY , a, I �� I;I This Ordinance would amend Section 2-568(a)of the City.Code.t6authorize the City Attorney to create and fill Deputy and Assistant Attorney positions as he o`she deems necessary to meet the legal services needs of the City and to fulfill the City Attorney's duties and responsibilities-under the-City Charter, as long as sufficient funds have been appropriated and made available by the City Council to defray the costs associated with such positions. BACKGROUND / DISCUSSION Under the City Charter, the City Attorney is responsible for advising the Council and all employees of the City in matters relating to their official powers and duties; representing the City in all legal proceedings;drafting all legislation and all other legal documents needed for the operation of City business; attending all meetings of the City Council; and performing all other services incident to4he position as- ay-be-required-by the City Charter or the City Council. (( I ) \\ Article VI, Section 1 of the City Charter states that Assistant and/or Deputy City Attorneys are to be appointed as determined by the Council. Currently,Section 2-582 of the'City Code states that all Deputy and Assistant City Attorney positions must be approved by the City Council. Nam/ The number of deputy and assistant attorneys, prosecutors and special legal counsel needed to assist the City Attorney in fulfilling his or her Charter responsibilities varies in relation to the volume of work involved in supporting various City projects and in relation to the experience and areas of expertise of the attorneys. The number and kinds of attorney positions needed to meet the needs of the City are best determined by the City Attorney. The proposed amendment would allow the City Attorney to make that determination as long as sufficient funds are available and appropriated to defray the expenses of the positions established. STAFF RECOMMENDATION Staff recommends adoption of this O rd�n, . ance on First Read Ig. } Pit ORDINANCE NO. 040, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-582 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE CREATION AND ELIMINATION OF DEPUTY AND ASSISTANT CITY ATTORNEY POSITIONS WHEREAS, Article III, Section 2 of the City Charter specifies the powers and duties of the City Manager and includes the power and duty to appoint and, when necessary for the good of the service, remove all heads of service areas and employees of the City except as otherwise provided by the Charter; and WHEREAS, Article VI, Section 1 of the City Charter, pertaining to the appointment of the City Attorney, states that Assistant and/or Deputy City Attorneys may be appointed as determined by the Council and they shall perform duties as assigned by the City Attorney; and WHEREAS, Section 2-582 of the City Code currently states that all Deputy and Assistant City Attorney positions shall be approved by the City Council; and WHEREAS, the City Council believes that Council approval of individual positions of employment in the City is inconsistent with the City Council's role under Article II, Section 5 of the City Charter as the policymaking body of the City and that the City Attorney should be authorized to create and eliminate Deputy and Assistant City Attorney positions as he or she deems necessary to meet the legal services needs of the City as long as sufficient funds have been appropriated by the City Council and are available to defray the costs associated with such positions. NOW,THEREFORE,IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2-582(a) of the City Code is hereby amended so as to read in its entirety as follows: See. 2-582. Salary and employment status of Deputy and Assistant City Attorneys. (a) Deputy and Assistant City Attorney positions may be approved and filled by the City Attorney as he or she deems necessary to meet the legal services needs of the City and to fulfill the duties of the City Attorney as specified in Article VI, Section 2 of the City Charter, so long as sufficient funds have been appropriated and made available by the City Council to defray the costs associated with such positions. All Deputy and Assist ant City Attorneys shall serve at the pleasure of the City Attorney, and shall have the same benefits,privileges,terms and conditions of employment as unclassified management employees of the City, except for such exceptions, additions or modifications thereto as the City Attorney, in his or her discretion,may deem necessary or advisable for the efficient operation of the Office of the City Attorney. 1 Introduced,considered favorably on first reading,and ordered published this 6th day of April, A.D. 2010, and to be presented for final passage on the 20th d o April, A.D. 2010. Mayo (/ ATTEST: City Clerk Passed and adopted on final reading on the 20th day of April, A.D. 2010. Mayor ATTEST: City Clerk