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HomeMy WebLinkAboutMINUTES - 04161985 - 2.6 TO: � BOARD OF SUPERVISORS -� FROM: Phil Batchelor, County Administrator Contra DATE: April 9, 1985 County SUBJECT: Augmentation of Consumer Fraud/Environmental Law Violation Unit SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve request to add two Deputy District Attorney - Fixed Term positions as requested by the District Attorney and recommended by the County Administrator. II. FINANCIAL IMPACT: These positions will cost $12,500 in FY 1984-1985 and $93,150 in FY 1985-1986. Cost of these positions will be totally offset by projected increased revenues in revenue account #9171 - Consumer Fraud. Damages in Budget Unit #0242. Accordingly, there will be no county cost involved in this personnel transaction. III. REASONS FOR RECOMMENDATION: These positions will be assigned to the Special Operations Division of the District Attorney's Office. That organization is responsible for handling and prosecuting consumer fraud, major fraud, election fraud and pollution and toxic waste violations. At the present time, only one lawyer is assigned to handle all these matters because of the increased workload in criminal prosecution. The . Special Operations Division is a revenue producing organization. The lawyer assigned to this unit as of April 5, 1985 has generated $124,250 in consumer fraud revenues. The two additional lawyers should also generate revenues through filing of civil complaint actions against businesses and individuals who are in violation of specific code sections of the law. IV. BACKGROUND: Prior to Proposition 13, the Special Operations Division was staffed with 4 lawyers, 2 criminal investigators, 2 experienced level clerks and 2 law clerks. This division generated up to $122,200 in revenues during its years of operation. As a result of the personnel cuts sustained after Proposition 13 and because of the rising criminal case- loads, it was necessary to reassign all staff from this division except for 1 lawyer, 1 experienced level clerk and 2 of a criminal investigator. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON April 1-6 lAR S APPROVED AS RECOMMENDED X OTHER DIRECTED staff to submit a copy of the report to the Citizens' Action League in Richmond. VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED April 16,. 1985 District Attorney Personnel Auditor-Controller County Counsel _ M382/7.03 BY DEPUTY -2- The District Attorney's Office is unable to handle all complaints from businesses, private citizens and state agencies dealing in violations of the law in consumer fraud, .major fraud, election fraud and pollution and toxic waste violations. The addition of the 2 lawyers will increase its capability to carry out its legal responsibilities in this regard. The positions being requested are at the Deputy District Attorney - Fixed Term level because the District Attorney does not have available to his office an employment list for the permanent class of Deputy District Attorney. An examination for the permanent class of Deputy District Attorney will be held during the summer of 1985 and it is hoped that an employment list will be available to the District Attorney sometime after September 1 , 1985. The District Attorney intends to assign two permanent lawyers to the Special Operations Division and to assign the new Deputies District Attorney - Fixed Term to handle their caseloads. When the new employment list for the permanent class of Deputy District Attorney is available to the District Attorney, it is intended to upgrade the two positions authorized for the Special Operations Division to permanent jobs. V. CONSEQUENCES OF NEGATIVE ACTION: Failure to approve this recommendation will result in the District Attorney being unable to handle all complaints from businesses, private citizens and state agencies dealing with consumer fraud, major fraud, election fraud and pollution and toxic waste violations. It will also result in less revenues being collected from civil judgments levied against violators of the law. % POSITION ADJUSTMENT REQUEST No. Date: 2/28/85 Copers. Department . District Attorney Budget Unit 0242 Org. No. 2850 Agency No. 42 - Action Requested: Request to add 2 Deputy District Attorney - Fixed Term positions* CIViL SERVft, L I . Proposed Effective Date: 5/15/8 Explain why adjustment is needed: These attorneys are needed to handle and prosecute consumer fraud, major fraud, election fraud and po ution and toxic was a vio a ions. we will actually have to as-sign ermanent attorneys to these duties. When we are able to conduct Classification Questionnaire attached: Yes [] No D $12,500 in 84/85 costs FY 84-85 .costs are being financed by Estimated cost of adjustment: salary & benefits savin§s. FY 85-86 Cost is within department's budget: Yes X[] No 11 costs will be financed 4►a.4x4-y by incre d revenues. If not within budget, use reverse side to explain how costs are to b undedr^ � Department must initiate necessary appropriation adjustment. Use additional sheets for further explanations or comments. G RY YANC for Departmen Head Personnel Department Recommendation Date: April 5, 1985 Classffy 2 (40/40) Deputy District Attorney-Fixed Term positions, salary level XA-1547 ($2133-2889). i Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic/Exempt Salary Schedule, as described above. Effective: M day following Board action: Date "orrectAro4Po nne County inistrator Recommendation Date: prove Recommendation of Director of Personnel 0 Disapprove Recommendation of Director of Personnel f� Other: for County Administrator Board of Supervisors Action APR 1 6 1981 't h� Clerk-of the Board of _. Adjustment APPROVED/DH*PfltMD on _. __Ph'. Batt Alor, � �_ ..-__ . : Suoervi rs and County Administrator APR 16 -1985 . Date: By: APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL/SALARY RESOLUTION AMENDMENT. M347 6/82 CONT'D. . . an exam for our permanent class of Deputy D.A. , we will need to- upgrade these positions to the Deputy D.A. class. 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