BOARD MEETING DATE: March 1, 2002
AGENDA NO. 15

Establish Classification and Add and Delete Positions

SYNOPSIS: 

To provide needed assistance and support to District Counsel, as proposed by the Board’s Personnel Committee, staff recommends (1) establishing the classification of Principal Deputy District Counsel, which may be used in either District Counsel's or District Prosecutor's offices; and (2) adding a Principal Deputy District Counsel and deleting a Senior Deputy District Counsel position in the District Counsel's office. Based on current fifth-step annual salaries, these actions would result in an annual increase of approximately $4,933.

COMMITTEE: 

Administrative, February 8, 2002, Recommended for Approval

RECOMMENDED ACTIONS:

1. Add the classification of Principal Deputy District Counsel to AQMD’s classification plan.
   
    
2. Adopt the attached classification specification.
   
    
3. Adopt the attached resolution amending the Salary Resolution to establish a salary range of $90,849.72 – 110,475.82 for the Principal Deputy District Counsel class.
   
    
4. In District Counsel, delete a Senior Deputy District Counsel position and add a Principal Deputy District Counsel position.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The Board’s Personnel Committee has supported establishing a position to provide primary back-up assistance for the District Counsel in handling the large volume of legal work of that office. The office has responsibility for advising the Board and staff on all legal matters except those related to enforcement of AQMD rules and state laws related to air pollution controls. Attorneys in the office review and assist in drafting AQMD rules and regulations, review environmental documentation, review and draft proposed legislation, and provide advice on the interpretation of AQMD rules, as well as state law governing AQMD authorities and procedures. District Counsel also represents the Board and staff in court proceedings and administrative hearings related to matters arising out of their performance of official duties as AQMD officers and employees.

Proposal

Staff recommends establishing a new classification of Principal Deputy District Counsel at a salary range of $90,849.72 – 110,475.82. Positions at this level would serve as primary back-up for either the District Counsel or the District Prosecutor, depending on where they are allocated, and would handle the most sensitive, complex, and controversial legal work of the office and provide day-to-day direction to attorneys and support staff.

Staff recommends deleting a Senior Deputy District Counsel position in District Counsel in order to add a Principal Deputy District Counsel position. This action would not result in an increase in District Counsel staffing.

Resource Impacts

Based on current annual fifth-step salaries, these actions would result in an annual cost increase of approximately $4,933.

Attachments

Resolution
New classification specification (Principal Deputy District Counsel)
 

                    A Resolution of the South Coast Air Quality Management District Board amending AQMD’s Salary Resolution to establish the new classification of Principal Deputy District Counsel at a salary range of $90,849.72 – 110,475.82.

                    WHEREAS, the Governing Board of the South Coast Air Quality Management District exercises its duty to review and determine appropriate wages, hours, and other terms and conditions of employment provided to employees.

                    THEREFORE, BE IT RESOLVED that the Board of the South Coast Air Quality Management District, State of California, in regular session assembled on March 1, 2002, does hereby amend AQMD’s Salary Resolution to establish the new classification of Principal Deputy District Counsel at a salary range of $90,849.72 – 110,475.82.

 
TITLE: PRINCIPAL DEPUTY DISTRICT COUNSEL

DEFINITION:  Under the general direction of the District Counsel or District Prosecutor, assists in the most sensitive, controversial or complex legal matters encountered in providing legal counsel to the District, or in representing the District in civil, criminal, and administrative cases pertaining to enforcement of air quality regulations and rules, and in the day-to-day direction of staff.

CLASSIFICATION STANDARDS:  This management classification reports directly to either the District Counsel or District Prosecutor, and assists in handling the most sensitive, controversial or complex legal matters encountered in the performance of their functions, as well as assisting in the day-to-day direction of attorneys and support staff. When designated, this position may act for the District Counsel or District Prosecutor in his/her absence.

EXAMPLE OF DUTIES:
Assists the District Counsel in the role of legal advisor to the District's Board, Executive Officer and staff on all legal issues affecting the operations of the District. In the District Prosecutor's Office, assists in the representation of the District in civil, criminal, and administrative cases pertaining to enforcement of District air quality regulations and rules.

Researches and prepares drafts of legislation, rules, and formal or informal opinions for the District Board, Hearing Board, Executive Officer, or other staff, on legal matters affecting their respective functions and operations; directs the preparation of and reviews opinions or cases prepared by legal staff; and participates in the most difficult or complex civil or criminal air quality hearings or cases.

Assists in representing the District in matters before the Hearing Board, in civil or criminal litigation before the courts, in appearances before other public agencies and legislative bodies, and provides interpretations and advice on complex legal issues involving the District's rules, regulations, and operations.

Assists in the day-to-day direction of legal and support staff, including review of work, and providing technical supervision to attorneys.

MINIMUM REQUIREMENTS:

Active membership in the State Bar of California and admission to practice law in all California courts.

EXPERIENCE:  One years' experience as a Senior Deputy District Counsel - OR - Four years' of progressively responsible experience as an attorney representing individuals, organizations, or government in hearings and court proceedings involving governmental regulations, environmental or administrative law.

KNOWLEDGE OF:  Legal principles; rules of evidence; conduct of court proceedings; duties, powers and limitations of governmental agencies; principles of civil and criminal law and their application to governmental agencies; the policies, rules, and regulations governing the District; legal research methods; and principles and practices of supervision and caseload management.

ABILITY TO:  Represent the District in hearings, court cases, and before administrative agencies of government; advise legal and non-legal staff on legal issues, opinions and practices pertaining to hearings, civil or criminal cases; perform research and gather information or evidence upon which to make recommendations, formulate opinions or initiate legal action and formulate defense; communicate clearly, diplomatically and concisely, both orally and in writing; and establish and maintain effective relationships with all those encountered in the course of work.

LICENSE:  Possession of a valid California Class "C" Driver License may be required.

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