HomeMy WebLinkAboutMINUTES - 12091997 - D1 D.1
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 9, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Departmental Performance Report
Victor J. Westman, County Counsel, provided the Board with a departmental
performance report for the 1996/1997 Fiscal Year.
.Subsequent to the presentation by Mr. Westman, the Board took the following action:
1. ACCEPTED departmental performance report from Victor J. Westman, County
Counsel.
I hereby certify that the foregoing is a true and
correct copy of an action taken and entered on
the minutes of the Board of Supervisors on the
date shown.
ATTESTED: December 9, 1997
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
r' e Wampler, Depu4Cler
cc: County Administrator
County Counsel
OFFICE OF THE
COUNTY COUNSEL
1997 ANNUAL
PERFORMANCE REPORT
VICTOR J. WESTMAN, COUNTY COUNSEL
COUNTY OF CONTRA COSTA
MARTINEZ, CALIFORNIA
TABLE OF CONTENTS
PAGE
I. OVERVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A. COUNTY COUNSEL OFFICE RESPONSIBILITIES . . . . . . . . . 1
B. ORGANIZATIONAL STRUCTURE . . . . . . . . . . . . . . . . . . . . . . . 2
1. General County Government . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Social Service - Probate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. Courts - Public Protection - County Clerk . . . . . . . . . . . . . . . 2
4. Miscellaneous County and Outside Clients . . . . . . . . . . . . . . 2
5. Public Protection - Community . . . . . . . . . . . . . . . . . . . . . . . 2
6. Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
7. Risk Management- Self Insurance . . . . . . . . . . . . . . . . . . . . 3
C. COOPERATIVE STAFF ARRANGEMENTS . . . . . . . . . . . . . . . 3
1. Self-Insurance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. On-Site Legal Advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
/l. RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 4
A. FINANCIAL RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
B. PERSONNEL RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
C. AFFIRMATIVE ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
D. SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
E. STAFF DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
F. AUTOMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Ill. CUSTOMER SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
A. SERVICE DELIVERY PROGRAM . . . . . . . . . . . . . . . . . . . . . . . 8
B. CLIENT PROFILE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
C. CLIENT RELATIONSHIPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
i
IV. ANNUAL PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
A. PERFORMANCE INDICATORS . . . . . . . . . . . . . . . . . . . . . . . 10
1. Productivity Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2. Legal Services Provided . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
B. ACCOMPLISHMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1. Civil Litigation-Tort Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2. Juvenile Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
V. CHALLENGES AND NEW DIRECTIONS . . . . . . . . . . . . . . . . . . . . 12
A. CHALLENGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
1. Provision of Adequate Legal Services . . . . . . . . . . . . . . . . . 12
2. Office Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
B. NEW DIRECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
1. 1998 Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2. Reorganization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3. Preventative Advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ii
1997 COUNTY COUNSEL PERFORMANCE REPORT
I. OVERVIEW
A. COUNTY COUNSEL OFFICE RESPONSIBILITIES
The County Counsel's Office serves as civil legal advisor for County
offices, departments, boards and commissions, schools and other districts in the
County. The office's duties to be performed (as budgeted and staffed) include
filing and litigating civil cases, providing legal counsel services to the Board of
Supervisors, County departments, board-governed special districts, authorities
and agencies, LAFCO, the civil grand jury, and as employed to schools and
autonomous special districts and agencies. Among particular functions
performed by the County Counsel's Office are its designation by the Board of
Supervisors to be the attorney for the Public Administrator, to handle LPS
proceedings involving persons disabled by mental illness, drug and alcohol
problems, and juvenile dependency matters. By agreement with the District
Attorney, many infraction violations of the County Ordinance Code are
prosecuted in the name of the people by County Counsel deputies.
When requested, County Counsel assists school districts with their school
bond issue and other financial proceedings. Also, in the absence of any conflict
with its duties for the Board of Supervisors, the County Counsel's Office
provides legal advise to and represents the County's judges and referees
should they be sued in their official capacities. Finally, the County Counsel's
Office by fee contract, provides legal services to the County Superintendent of
Schools, the County Board of Education, the Byron School District, other school
districts as requested, the Contra Costa County School's Risk Management
Authority, and the Delta Diablo Sanitation District.
This office's legal services and statutory duties are provided and
performed consistent with and to implement Contra Costa County's adopted
Statement of Values.
B. ORGANIZATIONAL STRUCTURE
The County Counsel's Office presently has 36 authorized positions. Of
its authorized full-time positions, 24 are attorney positions as illustrated on
Attachment "A", which is this office's current organizational chart. As office
space is available, the County Counsel's Office has endeavored to keep its
authorized positions filled so that it can fully address all of its legal duties and
requests for assistance.
The County Counsel's office divides its attorney staff into two divisions
(Business and Services) for the purposes of organization and supervision. It
also has a third Administrative Division to provide clerical and related lay
employee services to support its provision of legal services. (See Attachment
"A" - organizational chart)
The seven general program areas of the Office of County Counsel are as
set forth below and, to some extent, as shown on the Attachment "A"
organizational chart and more fully detailed on Attachment "B."
1. General County Government. This general category is the program area for
the provision of legal services necessary for core County departments and
officers (e.g., Board of Supervisors, County Administrator, Human
Resources Department, Auditor-Controller, Treasurer, Retirement System,
etc.).
2. Social Service - Probate. This program category provides legal services for
the Social Service Department (administrative advice, personnel matters,
dependent children, general assistance, LPS, etc.) and to the District
Attorney-Public Administrator.
3. Courts - Public Protection - County Clerk. Covers legal services provided to
the courts and the County's justice system (Sheriff, Public Defender, District
Attorney, and County Clerk - Elections).
4. Miscellaneous County and Outside Clients. This program includes legal
services provided to various Board of Supervisors' governed areas
(Libraries, Housing Authority, Community Services Department, Private
Industry Council, CATV, etc.) and to non-Board of Supervisors' governed
clients (LAFCO, County Schools, Delta Diablo Sanitation District, etc.)
5. Community Protection. Covers legal services provided to protect the
general public and enhance its environment by department and agencies
including Public Works, Building Inspection, Community Development,
Flood Control, Animal Control, Redevelopment, solid waste (AB 939), and
fire districts.
6 Health and Sanitation. Program includes legal services necessary for the
Health Services Department (public health, hospital, HMO, Mental Health,
Hazardous Materials, etc.) and the Public Guardian.
7. Risk Management - Self Insurance. This final category covers legal service
provided for assigned in-house tort litigation and to assist with the
supervision of outside tort litigation attorneys in conjunction with the Risk
Management Division of the Administrator's Office.
C. COOPERATIVE STAFF ARRANGEMENTS
1. Self-Insurance Program. Program 7 above (Risk Management - Self
Insurance) illustrates a successful partnership and cooperative arrangement
between the County Counsel's office and the Risk Management Division of
the County Administrator's office. With the utilization of in-house attorneys
for Risk Management tort work, it has resulted in the average cost per hour
of handling in-house claims at an approximately 35% lower rate than for the
employment of outside legal counsel. This use of in-house counsel also has
residual benefits of providing ongoing familiarity with particular tort risk areas
and the availability of in-house staff to provide counseling for County
departments when they are preparing to, or encounter such liability risk
circumstances.
2. On-Site Legal Advice. In order to increase the delivery efficiency and the
immediate effectiveness of the provision of on-going administrative legal
assistance, this office has entered cooperative arrangements with a number
of non-downtown Martinez located public clients (County Hospital, Housing
Authority, County Office of Education) to provide weekly half- or all-day legal
advice clinics on-site at their administrative headquarters. Also, on a less
frequent or quarterly basis, such on-site legal advice clinics are conducted
for the Public Works Department and at various Social Service Department
area branches for Children Services workers.
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ll. RESOURCES.
A. FINANCIAL RESOURCES.
County Counsel's Fiscal Year 1997-98 adopted budget provides funding for
its programs, indicates expenditure transfers, revenues, and shows net county
costs as set forth below:
PROGRAMS ADOPTED 1997-98
BUDGET
General Government $ 797,083
Social Service/Probate 804,535
Courts/Public Protection 235,763
Outside Clients/Other 221,500
Public Protection/Commun 661,188
Health/Sanitation 258,000
Risk Mgt/Tort Unit 512,276
TOTAL $3,490,345
Expenditure Transfers 1,223,499
Revenues 1,551,428
Net County Cost 715,418
FTE (Staffing) 36
The County Counsel's Office budget is comprised principally of salary and
benefit costs for its staff of 94% of its FY 1997-98 budgeted sum of $3,590,345.
Six per cent (6%) of the budget is for services and supplies which budget
allocation does not include any earmarked funds for capital expenditures.
Approximately 83% of the County Counsel's office budget is for salary and
benefits for its attorney employees. The salary and benefits for County
Counsel's office employees are the same as those for similar positions in the
Public Defender and District Attorney offices.
-B. PERSONNEL RESOURCES.
As noted above, the County Counsel's office has an authorized staff of 36
full time positions. (See Attachment "A".) Over the past several years, this
office has been developing its Risk Management Tort Defense unit. Our Risk
Management Tort Defense is staffed with three full-time attorneys and two
supporting clerical assistants. As heretofore and hereinafter noted, this Tort
section handles this area at a significantly lower hourly rate than previously
employed private legal counsel and now disposes of the majority of Risk
Management cases.
Due to annually increasing juvenile court hearings and court additions, the
Board of Supervisors recently approved additional attorney staff for the District
Attorney, Public Defender and County Counsel Offices. We expect to shortly fill
our authorized additional juvenile positions.
Attachment "B" sets forth with some particularization the allocation of County
staff(FTE) for FY 1997-98 to the seven general program areas of the County
Counsel's Office.
C. AFFIRMATIVE ACTION.
The County Counsel office's goal continues to be to obtain and employ
qualified minority and female individuals at a minimum in proportion to their
availability in the California and Bay Area work force and whenever the
opportunity is presented to employ such individuals beyond their proportion in
the available attorney workforce. Presently, 46% of our employed attorney work
force is female and approximately 13% of our employed attorney work force is
minority. This office recognizes that African Americans need to be targeted
when recruiting for job openings in our office and we will continue to seek out
applicants to fill any vacancies in our department. This has been and will be
done by advertising in legal trade journals and contacting any minority or female
individuals known to us at that time to solicit their interest in applying for
employment. During the last several years, this office has filled its few
vacancies with two African Americans, two Hispanics and one additional female
attorney.
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D. SICK LEAVE
Over the six years prior to FY 1996-97, County Counsel's office sick leave
usage had been approximately 54.3% of available hours for each involved year.
This has been significantly below the County-wide employee usage of
approximately 70 to 75% of available hours. For FY 1996-97, sick leave usage
was 55.2% of available hours.
This office monitors and reviews monthly all individual employee sick leave
usage to determine appropriate usage and to provide any necessary
counseling. Should any information be received concerning apparent abuse, it
is given immediate fair consideration.
E. STAFF DEVELOPMENT
1. Evaluations.
Since the 1970s, County Counsel office's policy and practice has been to
require and perform yearly evaluations of its attorney staff and the indicated
goals for the next year. Four years ago, we initiated similar yearly
evaluations of all of the clerical staff employed by this office. Of course, all
new employees requiring written evaluations for shorter periods (e.g. three
or six months) are so reviewed.
2. Staff Development.
The County provides a $500 per year education allowance to each of the
attorneys employed in this office to assist them with maintaining and
increasing their level of legal skills. In this regard, we encourage the use of
this allowance for specialized legal programs of significant benefit to the
County and this office. In addition, state bar rules require mandatory legal
training (approximately 36 hours every three years) which all of this office's
attorneys comply with. Also, the County Counsels' statewide association
sponsors numerous training programs during the course of a year which are
regularly attended by this office's deputy county counsels to further develop
their legal skills or as program presenters.
The expertise of this office's attorneys has been recognized by their being
designated as lead attorneys for multi-county litigation, part of teams of
county attorneys staffing the defense of multi-county litigation and their
requested presentations at specialized legal education section meeting of
H.IGMUGGIWP7-DOGSWI-DOCUMIVJWIANN-RP 111997DD.WPD Page 6
the County Counsel's Association. Examples of further recent recognition
are that an attorney from this office is the president of the School Law
Section of the County Counsel Association for FY 1996-97 and another is
presently serving on the Board of Governors of the Public Law Section of
the State Bar Association. Also, this office's attorneys are serving on multi-
county litigation teams involving challenges to county taxes (railroad, utility
and CAN properties), recovering tobacco health damages and class action
disputes concerning various County fees.
Finally, during the past year this office's tort litigation unit conducted a
number of County staff programs including providing legal advice on issues
of improper discrimination in public employment and its avoidance. This
same unit has met with various County professional staffs (e.g., County
Hospital physicians) to review with them the risks of professional
malpractice and possible ways to mitigate it. Also, this office has prepared
and is presenting to County management a program on compliance with the
"Americans With Disabilities Act" (the "ADA").
F. AUTOMATION.
The County Counsel's office has been pursuing a policy of providing to and
strongly encouraging the use of computers by all of its attorneys. Earlier this
year, all of our staff attorneys were finally equipped with PC's with sufficient
capacity to run contemporary software programs such as this office's standard
"WordPerfect for Windows" (Corel 7). Presently, we are developing greater use
of these recently-provided PCs, involved software, and the County's E-Mail
system by encouraging staff attendance at related County-offered and
sponsored classes on these areas
This office has been expanding the use of its County Counsel Local Area
Network installed last year. This LAN system gives this office (among other
benefits) the ability to efficiently utilize CD-ROM legal research library materials,
to proceed with the standardization of its software and to allow all staff
participation in County intra- and inter-departmental electronic linkages
(networking, E-mail, etc.).
H:IGMUGG%VW74DOCSW-DOCUMIVJWWNN-RPnl P97DD.WPD Page 7
Ill. CUSTOMER SERVICES
A. SERVICE DELIVERY SYSTEM
Legal services provided by the County Counsel's office are for the most part
mandated by federal or state statutes, Board of Supervisors' directions (e.g.,
ordinances, resolutions orders, etc.) or by contract. Within the office, we have
attorneys who specialize in the various client program areas this office serves to
maximize competence and familiarity with our public clients needs for legal
services. As with all law offices, we assign attorneys based on their skill,
experience and availability in relation to the complexity involved with a particular
legal problem or litigation matter. Whenever possible, we try to assist our clients on
an informal telephone or drop-in basis. But, because of professional standards
and the frequent difficulty of obtaining accurate statements of pertinent facts, we
must ask many of our clients for written requests.
Finally, in connection with providing legal services to County department heads
or employees it must occasionally be pointed out to them that from a legal point of
view the County is similar to a corporation. In other words, the County Counsel's
true legal client to which it must maintain an attorney-client relationship is the Board
of Supervisors. For this reason, legal directions must be obtained from the Board of
Supervisors for significant County matters.
B. CLIENT PROFILE
The County Counsel's office services as civil legal advisor to county officers,
departments, boards, commissions, agencies, authorities, school and other special
districts in the County. This office's services are performed (as budgeted and
staffed) by handling civil litigation cases and providing legal counsel services to the
Board of Supervisors, County departments, board-governed special districts,
authorities and agencies and, as employed, to school and autonomous districts and
agencies. Pursuant to Board of Supervisors' adopted policy, this office only
provides legal services to autonomous districts and agencies when they agree to
pay for those services.
The number of public clients which the County Counsel's office may provide
legal services during any particular year are numerous. Attachment "C" indicates
virtually all of those possible clients on its pages land 2. This attachment is a copy
of the "County Counsel Time sheet„ which is completed on a daily basis by all
County Counsel Office staff.
H.%GMUGGIWP7-DOC"-DOCUMIV.MMNN-RPn 1997DD.WPO Page 8
C. CLIENT RELATIONSHIPS
This office's goal is to always provide its public clients with timely, accurate
and reliable legal advice, assistance and representation. The continuing
demand for legal services from this office's public clients is illustrated by
Attachment "D" which shows the amount of legal service hours which this office
provided to its various.public clients during FY 1996-97 . Two things should be
noted about Attachment "D". First, we generally enter specific work tasks to the
county department principally charged with responsibility for the subject of the
request. For example, if the Board of Supervisors asked this office to work on a
planning or zoning matter, our provided legal service hours would be charged to
the Community Development Department on the attached timesheet (see .
Attachment "C") and not to the Board of Supervisors.
Second, the extension of hours to Cost to Date Column simply indicates
what the monetary value of the legal service work provided would have been if it
had been charged out to each involved county department or public client.
Further, it should be remembered that a significant portion of these dollar value
cost sums were not directly charged out and for that reason no revenues were
collected. For FY 1996-97, the total revenues received by the County
Counsel's office were $3,275,000. The difference between the $3,275,000
figure and total dollar value of our provided services if they were billed out at
$4,500,000 is $1,225,000. For the most part, this difference figure represents
the value of uncompensated overtime worked principally by this office's
attorneys during FY 1996-97.
County and other public clients access this office's legal services by coming
to our office or by other means of communication (telephones, written requests,
Fax, E-mail). Presently, most initial client contacts on particular matters occur
by telephone call and written or Faxed requests. Over the last several years,
this office has made its services more accessible/responsive by the provision of
weekly on-site administrative legal assistance to departments willing to directly
fund and provide space for such on-site legal services.
Over the last year, we have contacted selected departments' managers to
receive and review performance comments. Also, we are initiating a survey of
what higher and/or different level of legal services may be desired by
departments in relation to available funding.
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IV. ANNUAL PERFORMANCE
A. PERFORMANCE INDICATORS
1. Productivity Report.
As a presentation of some of this office's performance indicators, we have
set forth before this office's latest "County Counsel's Office Productivity
Report" which indicates summary points for performance using historical
data to compare performances for the immediate past five fiscal years.
FUNCTION/ACTIVITY FY 92-93 FY 93-94 FY 94-95 FY 95-96 FY 96-97
I. Civil Litigation'
A. New Cases Opened 302 224 148 214 187
B. Cases presently active 551 578 617 672 777
C. Avg No.Lit cases handled, per Deputy 38.3 37.3 37.6 42.3 48.5
D. Avg Svc hrs per lit case,per Deputy 42.3 hrs 43.3 hrs 43.1 hrs 38.3 hrs 33.4 hrs
E. Total litigation hrs 23,293 hrs 25,053 hrs 26,557 hrs 26,131 hrs 25,924
-(EXCLUDES JUV&LIPS ACTIONS)
11. Juvenile Services
A. Depend/Abandon Hearing Appearances 7,038 7,279 8,130 8,633 9,398
B. Avg No.Hearings Handled,per DCC 1,218 1,182 1,234 1,251 1,267
C. Avg Sery Hrs per Hearing Appearance 1.33 hrs 1.37 hrs 1.32 hrs 1.29 hrs 1.28 hrs
111. Conservatorship(LPS)
A.New Cases Opened 281 347 372 366 341
B.Avg No.LPS Hearings, per DCC 613 605 849 687 721
C.Avg Service Hours per Hearing 2.65 hrs 2.68 hrs 1.91 hrs 2.36 hrs 2.25 hrs
IV. Small Claims Advisory Service
A. Total No. Incoming Calls 9,336 9,208 9,599 8,872 8,581
B. Avg No.Calls Ret'd, per DCC 2,334 1,701 1,700 1,498 3,790
C.Avg Svc Minutes per Ret'd Call 11.9 min 18.04 min 15.1 min 19.2 min 16.8 min
H-IGMUGGIWP7-DOCSVVI-DOCUMVJV ANN-RPn1997DO.WPO Page 10
2. Legal Services Provided. As hereinabove noted, Attachment "D" sets forth
our clients' names for Fiscal Year 1996-97, the number of hours of legal
services provided to each client and the cost for such services if billed.
B. ACCOMPLISHMENTS
Concerning the foregoing "A. Performance Indicators" and to note a few of
County Counsel Office performance accomplishments during 96-97, we provide
the following comments:
1. Civil litigation-tort unit.
During FY 1996-97, this office's Tort Litigation Unit continued to handle
more than 60% of the County's Risk Management tort cases at an
approximate cost of 65% of the cost of utilizing outside-employed private
counsel. The Tort Litigation Unit opened an additional 58 litigation files in
the last year in addition to continuing to handle the cases remaining from
earlier years. Since our last performance report, we have closed 58 cases.
Of these closed cases, 11 cases were closed by settlements ranging from a
high of$43,000.00 to a low of$1,000.00. The remaining 47 cases were
dismissed or closed without payment. Many of these cases were closed by
summary judgment or demurrer and one by evidentiary administrative
hearing.
Recently, with additional staff, the Tort Litigation Unit has taken on two
significant class actions. As time goes, we are hopeful of increasing the
active caseload, which at the moment because of the large number of
closures, is at 57 open case files. The extensive work required by the heavy
discovery of class actions will limit the ability to significantly increase current
case load during FY 1997-98.
2. Juvenile Services
As shown by the foregoing Productivity Report, County Counsel's Juvenile
Unit's staff has handled another significant increase of approximately 9% in
the number of juvenile hearings over the number handled in 1995-96. With
that 9% increase, the same staff has still managed to give each matter
approximately the same attention and time as in past fiscal years. In part,
this has only been possible because of the continued performance of non-
compensated overtime hours and service by this office's Juvenile Unit staff.
H.%GMUGGIWP7-DOCSIAA-DOCUMIV WYANN-RPT11897DO.WPo Page 11
It should be noted that a similar 6% increase in juvenile hearings occurred
during FY 1995-96 over FY 1994-95 and an earlier 11% increase during FY
1994-95 over FY 1993-94. During the last five fiscal year period, only one
additional attorney was added to this Unit. It is greatly appreciated that the
Board of Supervisors has recently approved additional staffing to be added
later this year to address these past and projected future juvenile court
hearing increases.
V. CHALLENGES AND NEW DIRECTIONS
A. CHALLENGES
1. Provision of Adequate Legal Services.
The most significant continuing major challenge facing the County Counsel's
office is the maintenance of its resources (staff, equipment, etc.) to provide
an adequate level of legal services to those county and departmental
operations which are funded by the General Fund or from restricted funds
for which no interdepartmental charges have been authorized. It is difficult
as a professional organization to be in the position where it is not always
possible to quickly provide comprehensive, timely and adequate legal
services to clients who need them and will be effected should they not be so
provided. To the extent this office has any capacity to do so during FY
1997-98, we will provide it to this area seeking to maintain legal services to it
commensurate with the level of services provided to clients directly charged.
2. Office Space.
A second challenge currently facing this office is the provision of adequate
space for its staff to efficiently and more fully address the legal needs of the
County and its other public clients. We will be reviewing options to obtain
additional space.
HAGAAUGGlWP7-00CSV1A-OOCUAAVJWIANN-RP T1799700,WPO Paqe 12
B. NEW DIRECTIONS
Future challenges which this office expects to encounter during FY 1997-98
and address include:
1. 1998 Elections. During the major County office election year of 1998, seeing
that County Counsel's election advice is legally correct, impartial, and
cannot be reasonably characterized as improperly favoring one candidate or
measure position over another. To address this concern, experienced
senior legal staff will be assigned to address any such 1998 election
disputes.
2. Reorganization. During FY 1997-98, some office retirements and other
personnel changes are expected to occur. To address these changes, an
office staff reorganization plan is being developed and the creation of more
merit-system-exempt positions initiated for replacement appointments.
3. Preventative Advice. A continuing challenge is to provide more preventative
legal assistance to County staffs while being almost entirely occupied with
addressing current occurring legal problems and/or crises. This will be
addressed as legal resources can be appropriately directed to preventative
law activities.
H]GMUGGkWP7-D0CSIAA-D0CUMI VJVVANN-RP 711997DD.NPD Page 13
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ATTACHMENT B
COUNTY COUNSEL'S OFFICE FY 1997-98
1. General Government
Description: To provide legal services necessary for the continued operation of
the County Administrator, Board of Supervisors, Auditor-Controller and other
basic County departments.
FTE: 5.0
Level of Discretion:. Very limited and some discretion. General government
provides legal support for some mandated functions, including Merit Board,
Retirement System and Board of Supervisors.
Gross Expenditures: 797,083
Financing: 445,211
Net County Cost: 351,872-
Funding
51,872Funding Sources: Expenditure Transfers 15% $117,600
Property Tax Admin. 35% 277,152
Charges 6% 50,459
General Fund 44% 351,872
2. Social Service - Probate
Description: Legal services for Social Service Department activities (adoptions,
dependent children, assistance, etc.) and the District Attorney - Public
Administrator.
FTE: 8.0
Level of Discretion: Varies with service. County Counsel has very limited
discretion over dependent children legal services performed for the Social
Service department (Welfare and Institutions § 318.5).
Gross Expenditure: $804,535
Financing: 564,297
Net County Cost 240,238
Funding Sources: Expenditure Transfers 68% $548,297
Public Administrator
Estates 2% 16,000
General Fund 30% 240,238
1
• f
3. Courts/Public Protection
Description: Legal services primarily for the courts and County's justice system.
FTE: 4.0
Level of Discretion: Varies with service. Revenues from Small Claims Advisory
Program is restricted to this program. The courts have the power to employ
private attorneys, even if more expensive.
Gross Expenditures: $235,763
Financing: 114,649
Net County Cost: 121,114
Funding Sources: Expenditure Transfers 36% $ 84,000
Court Fees 4% 9,195
General Fund 51% 121,114
Other 9% 21,454
4. Outside Clients/Other
Description: Legal services provided to public clients and departments including
Community Services, Housing Authority, Community Access Television,
Miscellaneous Districts, Local Agency Formation Commission, Library, Private
Industry Council, Schools, and Water Districts.
FTE: 3.0
Level of Discretion: Primarily discretionary programs.
Gross Expenditures: $221,500
Financing: 221,500
Net County Cost: 0
Funding Sources: Expenditure Transfers 26% $ 57,000
Charges to non-County 74% 164,500
Agencies
General Fund 0% 0
ATTACHMENT "B"
2
5. Public Protection/Community
Description: Legal services for programs designed to protect the general public
and enhance its environment
FTE: 8.2
Level of Discretion: Primarily discretionary programs.
Gross Expenditures: $661,188
Financing: 658,994
Net County Cost 2,194
Funding Sources: Expenditure Transfers, 61% $403,900
Fire & Misc Spec
Districts, etc. 38% 255,094
General Fund 1% 2,194
6. Health and Sanitation
Description: Legal services provided to the Health Services department and
sanitation districts.
FTE 2.8
Level of Discretion: Varies with specific service
Gross Expenditures: $258,000
Financing: 258,000
Net County Cost: 0
Funding Sources: Expenditure Transfers: 100% $258,000
ATTACHMENT "B"
3
7. Risk Management/Tort Unit
Description: To provide tort litigation services in-house and supervise outside
tort litigation attorneys in conjunction.with Risk Management.
FTE: 5.0
Level of Discretion: Some discretion as to service level.
Gross Expenditures: $512,276
Financing: 512,276
Net County Cost: 0
Funding Sources: Expenditure Transfers 100% $512,276
H:\GROUPSWDMIN\BUDGE'RPRGM97-S\IOC.WPD
ATTACHMENT "B"
4
Office of the County Counsel TIME SHEET Contra Costa County
SIGNATURE- TIMEKEEPER NO. MONTH/YEAR
Supervisor
Client Code
Administrator 003.• DATE CLIENT CODE CASE NUMBER SERV. CODE TIME
Agri/Wts/Measures 335
Animal Control 366
Assmt Apps Board 862
Assessor 016
Auditor 010
Bail Bonds 210.02
Board of Supervisors 001
Bldg Inspection 340.'
Clerk/Recorder 240.'
Commun Dvlpmnt 357.`
Commun Svcs 588
County Counsel 030
District Attorney 242.`
Emergency Services 362
Employee Relations 034
Fire Districts 850.'
General Services 149.'
Grand Jury 238
Hlth Svcs(Consv) 450.'
Housing uthority 900
IAFCO 871
Human Rsources 035.'
Library 620
Med Svcs(Hosp) 540.'
Mntl Hlth/Acl/Dr. 655
Merit Board 036
Misc. Districts 800
Muni Cts.,Judges 210
Other 880
Priv Indus Cnsel 583
Probation 308
Public Administrator 242.02
Public Defender 243
Public Health 451.'
Public Works 650.'
Redevelop Agency 357.06
Retirement 145.'
Rsk Mgt-Spec Defns 003.02
Revenue Coll Off 003.04
Sanitation Dists 808.'
Schools 602
Sheriff 255
Small Claims 220
Social Svc Allowable 500 '
Soc Svc Unallowable 502.'
Sup Cl Admin-Judges 237
Treas/Tax Collector 015
'See reverse for additional codes
SERVICE CODES:
I. Agree/Contract 10. Vacation 20 Dscvry Prep/Ntcs 42 Conferences
2. Courl'Time/Hrg' 11. Sick Leavel2. 22. Lgl Secy Task:Ct filing/copy- 43. Telephone Calls
3. Resol/Ordinance Admin Leave fax docs-files/annual files 52. Payroll
S. Admin/Supv 13. Persl7loating Holiday 23. Break Time 53. Asst w/Equip Prblms
6. Opinion/Ltrs/Memos 14. Jury Duty/Other 24, Timekeeping/TABS 56. Travel Arrangements
7. ATTY Pldngs Non-ct 16. Legal Research 25. Purchasing/Supplies 57. Training
8. Profes Educ/Study 17. Doc/Evid Review 27. Small Claims transcrptn 62. Law Library Maint.
9. Routine:file mgt/ lg. Depo/Hrg Prep 41. Meetings 71. SECY Pleadings:
maiUdemands/caldr 19. Trial Prep Type/Proof/Copy/File/mail
CLIENTS WITH SUB-ACCOUNTS
ADIAMISTRATOR MEDICAL SERVICES(HOSPI
Gen(Mitc................. 003.00 Gen/Misc................. 540.00 SOCIAL SERVICE
CAN ................... 003.06 HMO.................... 540.02 SOCIAL SERVICE "UNALLOWABLE"
Ofc Rev Collec ............. 003.04 Replacemnt Hosp ........... 540.04 ALLOWABLE"
Risk Mgt/Spec Oaten......... 003.02 500 502
PUBLICHEALTH
ISaDINc NSPECTION Gen/Mise................. 451.00
Gen/Misc................. 340.00 Solid Waste Ent 451.02 The allowable costs of the The following activities of the
Enforcement 340.02 Haz Mated&Waste ......... 451.04 County Counsel's Office are County Counsel's Office remain
Haz Waste Coll............. 451.06
C /RECORDER Emergency Svcs ............ 362.00 subject to the following general unallowable for grant
Clerk-Gen/Misc............. 240.00 criteria: reimbursement purposes:
Elections 240.02 PUBLIC WORKS++
Recorder ................. 240.04 Admin/Personnel ........... 650.01
Airport/Buchan ............. 650.02 1. Costs necessary and 1. Legal expenses involved in
y`OMMumw DEVELOPMENT Airport/Syron .............. 650.03 reasonable for proper and prosecuting claims against the
Gen/Misc................. 357.00 AOB/MeasC/Dlta++ ......... 650.05 efficient administration of grant State and Federal governments,
AS 939 .................. 357.09 Co Service Areas ........... 650.10
Doughrty Vally Shp.......... 357.31 En ineern Svc 650.06 programs. when the County is plaintif.
Doughrty Vally Wind ......... 357.32 Flood Cont Dst++ .......... 650.08
Enforcement .............. 357.10 Gas Tax ................. 650.04 2. Costs which are not a general 2. Costs associated with the
GMEDA.................. 357.28 Mapping Services ........... 650.07 Counsel or his staff discharging
Haz Waste Plan 357.12 Rght-of-Way Acq++ ........ 650.09 expense required to carry out the 9 9
Redevelopment Agcy ........ 357.06 overall res-ponsibilities of county their general responsibilities as
;Resource Recovery .......... 357.26 RETIREMENT government. legal officers of the County. The
Solid Waste++ ............ 357.08 Gen/Misc................. 145.00 Bureau inteprets this to be the
SWAT 357.22 Retmt Board Mtngs .......... 145.01 advising of the Board of
TRANSPLAN .............. 357.18 Retmt Bd Opinions .......... 145.03 3. Costs, whether allo- sated,
TRANSPAC ............... 357.20 Disability ................. 145.02 direct-billed, or cost-applied, Supervisors or County
Water Agency ............. 357.02 Department heads on
t hdthe general
West Co Trns Comm ......... 357.24 SANrTAT10N DISTRICTS must be included in and p --
Gen/Misc................. 808.00 supported by the County-Wide legal requirements of their own
COMMUNRY SERVICES r5A .................... 808.02 Cost Allocation Plan. offices.
Gen/Misc++ .............. 588.00 Delta Diablo ............... 808.04
r7B .................... 608.06 The unallowable costs would also
Qt3LATTORNEY/Pl)6 ADMIN #15 808.06 4. Allowable costs must be
GerlMlisc................. 242.00 #19 808.10 allocated or charged on a include their proportionate share
Public Admin .............. 242.02 consistent basis to all county of administrative and over-head
M DISTRICTS SCHOOLS departments claiming costs allocated in the County-
Gen/Misc......... 850.00 Gen/Misc................. 602.00 reimbursement for County Wide Cost Allo-cation Plan.
..............
Bethel Island 850.02 Acalanes ................. 602.02
Brentwood................ 850.04 Antioch USD .............. 602.04 Counsel services.
Byron 850.06 Brentwood USD ............ 602.06 EXAMPLE OF UNALLOWABLE COSTS:
CCC Procec Dst ............ 850.08 Byron usD ............... 602.09 5. Allowable costs must be
Crockett/Carquinez .......... 850.10 Canyon SD ............... 602.10 1. Legal expenses incurred in
Danville.................. 850.12 John Swett USD............ 602.12 supported by complete time court proceedings(as opposed to
East Diablo .............. 850.14 Knightsen SD .............. 602.14 records accounting for all
Kensington ............... 850.16 Lafayette SD .............. 602.16 activities on a daily'basis land administrative appeal procedure)
Moraga .................. 850.18 Liberty SD ................ 602.18 While challenging a denial of
Oakley 850.20 Martinez SD............... 602.20 these original time records must
Moraga SD 602.22 be retained for a minimum of five grant funds.
Olinda.......... ........ 850.22 Mt.Diablo SO 602.24
Ptrwle ................... 850.24 ............. (5i years]
................
Riverview 850.26 Oakley USD ............... 602.26 2. Costs associated with the
San Ramon 850.28 Orinda USD ............... 602.28
•� •�•• � attendance of counsel at Board
Tassajara...:.. ..... ...... 850.30 Pittsburg USD ............. 602.30
West County..:............. 850.32 Richmond USD ............. 602.32 Of Supervisors' meetings, Or
San Ramon Vly ............. 602.34 other district board or committee
General Services Walnut Creek USD .......... 602.36 meetings.
Gen/Misc..... .... ........ 149.00 CC Comm Coll Ost .......... 602.38
Construction Projects++ ..... 149.02 CCC Supt Schools .......... 602.40
Lease Projects ....... ... ... 149.04 CCC Schools Ins Grp....... .. 602.41 3. Advising newly- elected
officials or newly-appointed
TH SERVICES SOCIAL SERVICE
F
(CNSERVATORSHP CODES) iALLOWAeLEI: department heads on the general
Gen/Misc. ... . .. .. . . .. .. .. 450:00 Gen/Mist. .. . . . . .. . . .. . ... 500.00 legal requirements of their
... 450.06 Dependencies .. . . ... ... ... 500.02 Offices.
Meds Refus/Riese Hg . . . .. . .. 450.10 Depndncies 5366.26 ... ... . .. 500.04
Merrithew Hsp Was . . . .. . . . . 450.03 Dependencies 5388 . .. . .. . . . 500.05
Prot Hospitals.. ... . . . .. .... 450.04 Guardianship Juv .. . . . . . .. . . 500.10
Prvt Hospitals Writs . .. . .. ... 450.05 LIPS .. ..... . . . . .. ... . .. . . 500.12
Public Guardian .. ... .. 450.08 Term 57800 CCP . ... .. ..... 500.06
Regional Center . . . . . .. .. . . . 450.02 Term 57662 . . . . ... ...... . 500.08
H,OMAN RESOVRCES DEPT ++ACTIVITY AND/OR WORK ORDER
Gen/Misc. . . . . . . . . . . . . . 035.00 NUMBERS ARE REQUIRED!ISee Otc Mgr
First Choice .. . . . . . . . . . . . . 035.01 or Acct Clk if necessary.) -
Rev 1/3/97
H�GMVGG��WV.1N6��MASTER$\TMAESNEE\REVFRSE WPD
ATTACHMENT "D"
COUNTY COUNSEL CLIENT HOURS & COSTS FY 96-97 July-June
Client Name Hours Costs
ADMINISTRATOR 11,367.65 784,938.36
General 619.35 53,406.19
Self-Insurance (Risk Mgmt) 10,614.45 723,377.32
CAN 32.00 2,911.13
ORC 101.85 5,243.72
Crockett Cogeneration 0.00 0.00
ADOPTIONS-see Social Service-Recov
AGRIC-WEIGHTS-MEASURES 0.00 0.00
ANIMAL CONTROL 161.40 15,420.16
ASSESSMENT APPEALS BOARD 91.75 8,326.34
ASSESSOR 870.00 85,645.66
AUDITOR-CONTROLLER 225.85 21,630.95
BOARD OF SUPERVISORS 2,420.45 224,308.19
BUILDING INSPECTION 442.60 32,333.67
General 61.85 4,825.19
Enforcement 380.75 27,508.48
CLERK-RECORDER 385.95 36,302.44
General 318.30 29,989.37
Elections 61.45 5,907.48
Recorder 6.20 405.59
COMMUNITY DEVELOPMENT 2,665.65 236,304.73
General 1,425.30 130,701.95
Water Agency 106.70 8,049.68
Redevelopment 273.80 21,815.13
Solid Waste 546.60 49,925.30
AB 939 0.00 0.00
Enforcement 57.20 4,334.96
Haz Waste Mgmt Plan 1.70 58.48
CC Transp Auth 0.00 0.00
Delta Hwy JPFA 0.00 0.00
TRANSPLAN 10.35 983.83
YATRPC TRPAC 0.00 0.00
YASWAT SE TRNS 0.00 0.00
YAWCCT-West CC Trans Advis 0.00 0.00
Resource Recovery 2.50 212.08
GMEDA 110.90 9,199.04
DGHTY VLLY 8.00 744.63
Mobile Homes 122.60 10,279.65
COMMUNITY SERVICES 392.75 33,684.77
COUNTY COUNSEL 18,410.32 896,128.58
C IPROIFYgA-WICC"fNro vn37 n
COUNTY COUNSEL CLIENT HOURS & COSTS FY 96-97 July-June
Client Name Hours Costs
DISTRICT ATTORNEY-PUBLIC ADMINISTRATOR 219.10 15,014.17
General 17.90 1,667.54
Public Administrator 201.20 13,346.63
DISTRICTS-GENERAL 32.00 2,698.50
EMERGENCY SERVICES 5.00 648.02
EMPLOYEE RELATIONS 874.15 85,467.99
FIRE DISTRICTS 610.00 57,410.23
General 37.55 3,673.59
CCCFPD 529.30 49,707.10
Bethel Island 7.00 640.88
Brentwood 0.00 0.00
Byron 0.00 0.00
Crockett/Carquinez 5.50 550.45
Danville 0.00 0.00
East Diablo 11.50 1,019.95
Kensington 0.25 23.61
Moraga 3.50 296.91
Oakley 5.50 549.45
Orinda 9.90 948.29
Pinole 0.00 0.00
Riverview 0.00 0.00
San Ramon 0.00 0.00
Tassajara 0.00 0.00
West County 0.00 0.00
GENERAL SERVICES 295.70 25,859.28
General 80.35 1 6,978.13
Construction Projects 177.35 1 15,295.17
Lease Projects 38.00 1 3,585.98
GRAND JURY 81.35 7,929.60
HEALTH SERVICES 1,778.65 98,982.74
General 498.00 46,225.95
LPS (Conservatorship) 974.70 38,058.77
TPS (Med Refusals) 4.95 140.95
Merrithew Hosp Writs 62.90 3,736.97
Private Hosp Writs 38.00 21266.82
Private Hospitals 1 5.50 1 321.25
Public Guardian 186.75 1 7,872.65
Regional Centers 7.85 1 359.38
HOUSING AUTHORITY 1,429.40 104,954.38
LAFCO 239.90 23,665.25
LIBRARY 139.55 11,005.99
COUNTY COUNSEL CLIENT HOURS & COSTS FY 96-97 July-June
Client Name Hours Costs
MEDICAL SERVICES 835.45 79,707.30
General 777.85 74,624.13
Replacement Hospital 36.40 3,036.98
HMO 21.20 2,046.19
MENTAL HEALTH 61.50 5,967.06
MERIT BOARD 42.95 3,727.32
MUNICIPAL COURT-JUDGES 99.05 7,506.77
MUNICIPAL COURT- BAIL BONDS 198.10 11,760.00
OTHER 0.50 32.97
PERSONNEL 277.05 25,697.51
PRIVATE INDUSTRY COUNCIL 53.35 3,776.04
PROBATION 185.10 16,499.39
PUBLIC DEFENDER 8.75 752.02
PUBLIC HEALTH 705.40 61,908.86
General 99.95 9,560.02
Solid Waste Enforcement 66.85 5,375.38
Haz Waste Collection 0.00 0.00
Hazardous Materials&Waste 538.60 46,973.46
PUBLIC WORKS 3,494.20 291,189.39
General 198.50 14,787.90
Airport-Buchanan 241.20 17,811.26
Airport-Byron 196.95 17,802.53
Gas Taxes 21.10 1,578.34
AOB-Measure C 1,031.80 88,525.03
Engineering Services 379.55 31,772.59
Mapping 0.00 0.00
Flood Control 482.95 41,799.19
Right of Way Activities 891.05 72,024.82
CSA(formerly CD) 4.60 414.58
Sanitation District 0.00 0.00
Sanitation District#19 46.50 4,673.15
RETIREMENT 1,180.80 89,282.98
General 427.05 37,857.91
Board Meetings 99.00 9,012.96
Disability 599.60 37,190.17
Board Opinions 55.15 5,221.94
SANITATION DISTRICTS 455.00 37,376.67
General 3.00 106.00
Delta Diablo 444.50 36,598.50
Sanitation District#713 1.00 84.83
Sanitation District#15 4.50 411.11
Sanitation District#5A 0.00 0.00
Sanitation District#6 2.00 176.23
C,kpV0NFY%. -97\r.r,HRrn wa?
COUNTY COUNSEL CLIENT HOURS & COSTS FY 96-97 July-June
Client Name Hours Costs
SCHOOLS 765.70 61,795.72
General 62.80 4,864.35
Supt of Schools 618.30 50,593.60
Acalanes UHSD 0.00 0.00
Antioch USD 0.00 0.00
Brentwood USD 0.00 0.00
Byron USD 33.10 2,249.18
Canyon SD 0.00 0.00
John Swett USD 0.00 0.00
Knightsen SD 0.00 0.00
Lafayette SD 0.00 0.00
Liberty UHSD 0.00 0.00
Martinez USD 0.00 0.00
Moraga SD 0.00 0.00
Mt.Diablo USD 0.00 0.00
Oakley USD 0.00 0.00
Orinda 0.00 0.00
Pittsburg USD 1.00 78.34
Richmond USD 0.00 0.00
San Ramon USD 0.00 0.00
Walnut Creek SD 0.00 0.00
CC Community College 3.65 159.95
CCC Schools Ins Group 43.60 3,577.30
Board of Education 3.25 273.00
SHERIFF 1,746.55 150,790.28
SMALL CLAIMS 2,397.90 79,578.67
SOCIAL SERVICE (ALLOWABLE) 13,538.90 762,461.91
General 476.95 30,517.52
Dependencies 10,195.55 613,438.21
Dependencies re Criminal 0.00 0.00
§ 7800 Terminations 46.20 1,946.32
§ 7662 Terminations 2.85 190.20
Guardianships/Juvenile 0.00 . 0.00
§ 366.26 1,639.55 69,326.61
§ 388 130.25 5,964.13
LPS/SSS 1,047.55 41,078.92
SOCIAL SERVICE (UNALLOWABLE) 599.00 41,911.51
SUPERIOR COURT-ADMIN-JUDGES 260.05 20,701.76
TREASURER-TAX COLLECTOR 127.10 11,035.36
TOTAL 70,153.97 4,572,119.49