Assistant City Attorney

Description

The Department:

The responsibilities of the City Attorney's Office broadly consist of representing and advising the City Council, City officials, and employees of all City departments in all matters of law pertaining to their offices and departments. This includes appearing on behalf of the City in legal actions or proceedings, providing the City Council with information and advice on wide range of legal matters including litigation and new legislation, and staffing City Council and City Board and Commission meetings as necessary. The City Attorney's Office provides legal advice and support on matters initiated by the City Council, City Manager's Office, and all City departments. Typical work includes research and opinion on various issues; review and negotiation of contracts, leases, or permits; drafting employee policies; review and drafting of resolutions, ordinances, and agenda reports; and preparation of responses to Public Records Act requests.

The Position

The City is recruiting to fill one (1) Assistant City Attorney position. Ideally, the position will be assigned to act as the primary advisor to the City’s Human Resources Department, with additional general municipal areas of work for other departments including but not limited to finance, governance, conflicts of interest, open meetings, and public records.

The position is expected to perform a wide variety of legal services ranging from litigation (or litigation management) of administrative matters (such as internal disciplinary appeals, PERB UPC charges, and CalPERS determinations) to collective bargaining and MOU review/drafting; legal research and drafting opinions; negotiating contracts; drafting disciplinary documents; drafting resolutions and ordinances; providing on-call legal support to all divisions of the Human Resources Department (records, benefits, testing, classification, labor, workers compensation, recruitment, safety, risk management, etc.); and, staffing commission meetings such as the Civil Service Commission and Salary Setting Commission. This position is also expected to perform other duties as assigned.

The ideal candidate will have superior legal analytical ability and excellent research, writing and oral communication skills and the ability to deal effectively with City employees, opposing counsel, elected and appointed officials, and members of the public.

The ideal candidate will also have experience defending allegations of misconduct in personnel matters, significant experience advising on human resource issues, including Fair Labor Standards Act, Meyers-Milias-Brown Act, labor negotiations, California Public Employees’ Retirement Law, state and federal benefits/leave laws, state and federal employment-related tax laws, and experience providing training in laws, regulations, policies and best practices in personnel management and workplace misconduct

This is a professional position in the Unclassified Service, is an “at-will” position, and the incumbent serves at the discretion of the City Manager. This position is responsible for performing a broad range of duties, which deal with more complex issues. An incumbent in this classification must exercise independent judgment and discretion; manage, control, and direct employees; and formulate administrative policies for the effective use of assigned personnel. The position requires a demonstrated ability to work well with management, professional and administrative support employees in the Office; with clients, professionals, managers, City’s executive management team and all City Departments and elected and appointed officials from the City and various boards, commissions, and committees. An incumbent in this classification must demonstrate strong ethical, professional, and service-oriented leadership and interpersonal skills, set a good example; and correctly apply and abide by the tenets of the City’s Code of Ethics and Values.

This recruitment may be used to fill multiple positions in this, or other divisions or departments. If you are interested in employment in this classification, you should apply to ensure you are considered for additional opportunities that may utilize the applicants from this recruitment.

Additional Information

Applications must be filled out completely (e.g. do not write “see resume, NA, or personnel file.”). To receive consideration for the screening process, candidates must submit a 1) Cover Letter 2) Resume, and 3) Writing Sample of maximum 5 pages (appropriate examples would be a staff report, public legal memo, redacted memo). Incomplete applications will not be considered.

Application packets may be submitted online through the “Apply Now” feature on the job announcement at www.santaclaraca.gov . This job posting is open until filled: Applications will be reviewed on a monthly basis. If you are interested in applying you are encouraged to apply as soon as possible before the posting is closed, which may happen at any time.

THIS RECRUITMENT MAY BE USED TO FILL MULTIPLE POSITIONS IN THIS, OR OTHER DIVISIONS OR DEPARTMENTS BESIDES THE POSITIONS LISTED BELOW. IF YOU ARE INTERESTED IN EMPLOYMENT IN THIS CLASSIFICATION, YOU SHOULD APPLY TO ENSURE YOU ARE CONSIDERED FOR ADDITIONAL OPPORTUNITIES THAT MAY UTILIZE THE APPLICANTS FROM THIS RECRUITMENT. MEETING THE MINIMUM QUALIFICATIONS DOES NOT GUARANTEE ADMITTANCE INTO THE EXAMINATION PROCESS. ONLY THE MOST QUALIFIED CANDIDATES WHO DEMONSTRATE THE BEST COMBINATION OF QUALIFICATIONS IN RELATION TO THE REQUIREMENTS AND DUTIES OF THE POSITION WILL BE INVITED TO TEST OR INTERVIEW.

The annual salary range for this position is $213,185.04 - $275,895.96 . This position will be filled at or near the minimum of the salary range.

Experience

Minimum Qualifications

• J.D. or L.L.B. from an accredited law school;
• Six (6) years recent experience in the general practice of law. Four (4) years of the qualifying experience must include dealing with municipal, county or state governmental agencies in the State of California;
• One year of supervisory experience is desirable; and
• Trial experience is highly desirable.
  
  

CERTIFICATION

• Active member in good standing of the State Bar of California is required;
• Admission to the Federal District Court and Federal Appeals Court Bar is desirable.
  
  

License

Possession of an appropriate California driver's license is required.

Other Requirements

Must be able to perform all of the essential functions of the job.

Follow this link to view the entire Class Specification which includes more information on Typical Duties and Knowledge, Skills, and Abilities.

SPECIAL CONDITIONS

May be required to work odd and unusual hours.

CONFLICT OF INTEREST

Incumbents in this position are required to file a Conflict of Interest statement upon assuming office, annually and upon leaving office, in accordance with City Manager Directive 100.

Federal law requires all employees to provide verification of their eligibility to work in this country. Please be informed that the City of Santa Clara will not sponsor, represent, or sign documents related to visa applications/transfers for H1B or any other type of visa which requires an employer application.

The City of Santa Clara is an equal opportunity employer. Applicants for all job openings will be considered without regard to age, race, color, religion, sex, national origin, sexual orientation, disability, veteran status or any other consideration made unlawful under any federal, state or local laws. The City of Santa Clara is committed to offering reasonable accommodations to job applicants with disabilities. If you need assistance or an accommodation due to a disability, please contact us at (408) 615-2080 or HumanResources@santaclaraca.gov .

City of Santa Clara Benefit Summary Overview for Bargaining Unit #9

Miscellaneous Unclassified Management

This summary provides a brief overview of the City of Santa Clara’s benefits available to Bargaining Unit #9 employees in 2024. In the event of any conflict between the information in this summary and the applicable official plan documents, City Manager’s Directives (CMDs), Personnel and Salary Resolution, or Memorandum of Understanding (MOU), the applicable official plan documents, CMDs, Personnel and Salary Resolution, or MOU will prevail over this summary. Benefits are subject to change.

Retirement

• Membership in the California Public Employees Retirement System (CalPERS)
• Classic Employees: 2.7% @ age 55 formula -employee pays 8.00% of gross pay, minus $61 bi-weekly
• New Employees: 2.0% @ age 62 formula - employee pays 7.00% of gross pay

Medicare and Social Security (FICA)

• Employee pays 6.20% up to $10,397.40(Social Security) and 1.45% (Medicare) of gross pay
  
  

Health Insurance:

• City contribution up to $2042.82/month, based on enrollment in a CalPERS health plan
• Employees electing health coverage with premiums above the City health contribution will pay additional premium costs from salary on a pre-tax basis
• Coverage is effective as early asthe first day of the monthafter date of hire
• If an employee enrolls in a plan with a premium that is less than $946.86/month, they will be paid the difference in cash
• Employees hired on or after 1/1/2023who opt-out of City-offered health insurance and provide annual attestation and acceptableproof of alternative required coverage for themselves and their tax family, if applicable, are eligible for a cash-in-lieu amount of $250/month. Contact Human Resources for more details
  
  

Dental Insurance:

• Choice of two Delta Dental plans; enrollment is mandatory
• City pays lowest cost employee only plan; additional cost is paid by employee
• Coverage is effective as early asthe first day of the monthafter date of hire
  
  

Vision Insurance:

• Choice of two VSP plans
• City pays lowest cost employee only plan; additional cost is paid by employee
• Coverage is effective as early asthe first day of the monthafter date of hire
  
  

Voluntary Employee Beneficiary Association (VEBA):

• City contributes $50.00 a month toward employee’s VEBA account
• Account funds may be used to pay for qualified medical expenses after separation from the City and after age 50 (pre-tax)
  
  

Life Insurance:

• City pays for $50,000 of Basic Life Insurance coverage
• Coverage is effective the first of the month after one calendar month of employment
• Additional optional insurance may be purchased by the employee for the employee, spouse, domestic partner, and/or dependent children
  
  

State Disability Insurance (SDI):

• Employee pays 1.1% of gross pay (includes Paid Family Leave)
• 7 day waiting period. Weekly paid leave for absences due to non-work related injuries/illnesses. Benefit is based on past earnings. Refer to edd.ca.gov for more information
  
  

Paid Family Leave (PFL):

• Up to 8 weeks of benefits within a 12-month period to care for a family member or to bond with a new child
• No waiting period. Weekly paid leave benefit. Benefit is based on past earnings. Refer to edd.ca.gov for more information
  
  

Long Term Disability (LTD) Insurance

• Benefit is 60% of basic wage up to $13,333; max $8,000/month
• City paid benefit. City pays $.207/$100 of insured earnings
• 60 calendar day waiting period
• Coverage is effective the first of the month after one calendar month of employment
  
  

Deferred Compensation:

• Voluntary plan through Nationwide Retirement Solutions
• Employee may contribute up to the lesser of the IRS maximum or100% of gross compensation into a pre-tax 457(b) account or a post-tax Roth 457(b) account (or a combination of the two accounts) subject to IRS rules
  
  

Flexible Spending Account (IRS Section 125 Plan):

• Employee may contribute up to $3,200per year in pre-tax dollars to a health care spending account
• Employee may contribute up to $5,000 per year in pre-tax dollars to a dependent care spending account
• Employee may contribute up to $315per month in pre-tax dollars to a commuter benefit plan
  
  

Vacation:

• Vacation is accrued bi-weekly, cannot use vacation during first 6 months of City service
• For 1 -4 years of service: 10 days (80 hours)/year
• For 5 -9 years of service: 15 days (120 hours)/year
• For 10 - 15 years of service: 21 days (168 hours)/year
• For 16 - 20 years of service: 22 days (176 hours)/year
• For 21 years of service: 24 days (192 hours)/year

Maximum accrual is 480 hours Once per year, employees can elect to convert up to 80 hours of accrued vacation to cash to be paid out in up to two cash-outs the following calendar yearSick Leave:

• Sick leave is accrued bi-weekly for equivalent of 96 hours per calendar year with no maximum accrual
• Up to 48 hours/year of accumulated sick leave may be used for family illness
• Up to 32 hours/year of accumulated sick leave may be used for personal leave

Employee may convert sick leave to vacation once per calendar year (annual maximum conversion is 96 hours sick to 48 hours vacation) Partial sick leave payoff provision on retirement depending on years of serviceManagement Leave:

• 120 hours of management leave credited to employees each January 1st
• New employees hired between January 1st and June 30th receive 120 hours of management leave their first year
• New employees hired between July 1st and December 31st receive 60 hours of management leave their first year

Unused management leave may be carried over from one calendar year to the next; however, an employee may never have more than 240 hours (calendar years 2021 through 2024) of “banked” management leaveHolidays:

• Seventeen paid eight-hour holidays per year (13 & 4 holidays between 12/25 to 1/1 of following year)
  
  

Mobile Communication Device Allowance:

• $80/month in lieu of carrying a City-issued cell phone
  
  

Auto Allowance (an alternative to mileage reimbursement or use of a City vehicle):

• Department Heads receive $320/month (up to $520, with City Manager approval). Assistant Department Heads and Division Managers can receive $200/month (Up to $500 with City Manager approval)
  
  

Tuition Reimbursement Program

• Up to $2,000 per fiscal year for tuition reimbursement
  
  

Employee Assistance Program:

• Confidential counseling to employees and dependents. Up to maximum of five (5) consultations per family member per incident per year
• City paid benefit
  
  

Retiree Medical Reimbursement Program:

• Employees who retire from the City with at least ten (10) years of service shall receive reimbursement to help cover retiree single health insurance premiums. The reimbursement maximum includes the PEMHCA minimum.
• Up to age 65, retirees are eligible for reimbursement up to$416/month in 2024(amount adjusted annually)
• After age 65, retirees are eligible for reimbursement up to $249/month in 2024(amount adjusted annually)
  
  

Alternate Work Schedule:

• An employee shall be eligible to work a 9/80 alternate work schedule according to the conditions, criteria, and requirements set forth in City Manager's Directive 71. Requests to work a 9/80 schedule shall be made through or by the Department Head to the City Manager. The City Manager must approve the schedule and the City Manager or Department Head (for employees other than Department Heads) may terminate the schedule at anytime.