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HomeMy WebLinkAboutagenda.council.special.20250107AGENDA CITY COUNCIL SPECIAL MEETING January 7, 2025 5:00 PM, City Council Chambers I.Call to Order II.Roll Call III.Public Comment IV.Action Items III.A.Council Discussion and Direction regarding Municipal and Deputy Municipal Judge appointments III.B.Considerations for Council regarding City Attorney job description and timing for posting the solicitation for applications for the new City Attorney V.Executive Session ZOOM Join from PC, Mac, iPad, or Android: https://us06web.zoom.us/j/81935936699?pwd=l7f90Nn5stOnBh8QaqeEpLqQogpwhR.1 Passcode:81611 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kbxAj9kToh City Attorney Recruitment and Selection Council Memo 01072025 FINAL.docx Pursuant to C.R.S. Section 24-6-402 (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators and (4)(f) Personnel. 1 1 VI.Adjourn The specific item of discussion involves the following: Discussion and negotiations regarding City Attorney contract; Instructions to negotiators regarding Municipal Judge Contract; and City Manager review. 2 2 1 MEMORANDUM TO:Mayor and City Council FROM:Alissa Farrell, Administrative Services Director THROUGH:Diane Foster, Assistant City Manager Sara Ott, City Manager MEMO DATE:December 30, 2024 MEETING DATE: January 7, 2025 SUBJECT: Internal Recruitment Process for New City Attorney _____________________________________________________________________ REQUEST OF COUNCIL: Staff requests City Council review and provide input on the following information pertaining to the internal hiring of the City Attorney: Job Description and Hiring Range (Attachment C) Internal Recruitment & Selection Timeline Additionally, Council may wish to consider reviewing the draft list of possible interview questions intended to be used as a starting point. Council may also evaluate the option of providing first-year goals, which helps to align expectations during the finalist process. Potential Interview Questions (Attachment D) Potential First Year Goals SUMMARY AND BACKGROUND: On December 3, 2025, James R. True, City Attorney, announced his retirement from his current position effective February 21, 2025, following 17 years of dedicated public service with the city of Aspen (Attachment A). As per Article VI of the City Charter under City Administration, Section 7.1 – City Attorney (Attachment B), it is Council’s decision in the appointment of a new city attorney. Furthermore, Section 7.1 stipulates that the city attorney must be an attorney- at-law admitted to practice in Colorado. The charter also states that the "city attorney 3 2 shall be the legal representative of the City and shall advise the Council and city officials on matters related to their official powers and duties, and perform other duties as prescribed by the council through ordinance or resolution." The City Council has recently decided to conduct an internal recruitment and selection process for the City Attorney position. The following materials have been prepared for review and discussion by the City Council. DISCUSSION: Job Description and Hiring Range The draft City Attorney job description for review is provided in Attachment C. Recently, staff, in conjunction with a compensation consultant, completed a pay range analysis to develop the 2025 pay plan. Based on the city's total compensation philosophy, staff conducted a comparison of similar positions in other comparable Colorado municipalities and performed an internal equity review to finalize the 2025 pay plan. Accordingly, for 2025, the proposed hiring range and full salary range for the City Attorney are planned as follows: Hiring Range: $202,232 $231,296 Salary Range: $208,232 $277,642 Internal Recruitment and Selection Timeline It is recommended that the City Attorney position be posted for at least seven days in accordance with human resource standards and legal requirements. After this period, interviews may be conducted, followed by a job offer and contract negotiations, which may include discussions related to first-year performance goals. Interview Questions Interview questions are essential tools for evaluating a candidate's skills, knowledge, and abilities in relation to the job. They enable the hiring team to assess the applicant's approach to the role and their capacity to perform job duties effectively. The interview process is most productive and insightful when questions are crafted with these objectives in mind. Sample interview questions are included in Attachment D. 4 3 First-year Performance Goals: Establishing mutually agreed-upon goals allows the City Attorney and the Council (hiring team) to set clear expectations for success from the beginning. These goals clarify what the City Council expects the City Attorney to accomplish within the first year and assist in prioritizing workload within the department to efficiently and effectively deliver results. FINANCIAL IMPACTS: The total compensation package may exceed the current appropriations, pending total compensation negotiations and the final contract value. Staff will bring forward any necessary appropriation considerations at a later date, if necessary. ENVIRONMENTAL IMPACTS: There are no significant environmental impacts in the selection of a city attorney. ALTERNATIVES: City Council may opt to move in a new direction for the recruitment and selection of the City Attorney. RECOMMENDATIONS: Staff seeks input from Council in the following areas: Job Description and Hiring Range: Does Council have feedback on these items? Internal Recruitment & Selection Timeline: Discuss the next steps and provide clarity on how Council would like to proceed with the next steps, including scheduling interview(s) and finalizing the interview questions. CITY MANAGER COMMENTS: ATTACHMENTS: A: James R. True Retirement Letter B: Section 7.1 of Aspen City Charter C: City Attorney Draft Job Description D: City Attorney Draft Interview Questions 5 4 Attachment A: 6 5 Attachment B Excerpt from the Charter of the City of Aspen, Colorado Section 7.1. - City attorney. The council shall appoint a city attorney to serve at the pleasure of council. He shall be an attorney-at-law admitted to practice in Colorado. The city attorney shall be the legal representative of the City and he shall advise the council and city officials in matters relating to their official powers and duties and perform such other duties as council may prescribe by ordinance or resolution. The council may provide the city attorney such assistants as council may deem necessary, and may on its own motion or upon request of the city attorney in special cases employ special counsel to serve under the direction of the city attorney. Council shall establish compensation for the city attorney, his assistants and special counsel. 7 6 Attachment C DRAFT Job Title: City Attorney Department:City Attorney’s Office Classification: Exempt Position Summary: The City Attorney is appointed by and reports directly to the City of Aspen Council. As set forth in the City of Aspen Charter, the City Attorney is the legal representative of the city and shall advise Council and city officials on matters related to their official powers and duties, and perform other duties as prescribed by the Council through ordinance or resolution. In addition, the City Attorney routinely provides legal services to department directors, staff, and citizen boards on matters representing the city. Supervision Exercised:Position exercises supervision over the Assistant City Attorneys and one Senior Paralegal. Essential Job Functions: Provides legal guidance and counsel to the City Council, city departments, staff and citizen boards on a diverse range of matters including but not limited to; land use and planning; litigation; contracts and agreements; negotiation and drafting complex agreements; records retention; legislation; employee relations; policy and strategy; open space and property acquisitions; elections law; open records and open meetings law; and law enforcement. Reviews and drafts contracts, agreements, ordinances, resolutions, and other legal documents to ensure legality and compliance with applicable laws and regulations. Conducts legal research and prepares legal memorandums as necessary. Collaborates with external legal counsel on specialized legal matters as necessary. Provides legal defense counsel in suits and actions against the city as appropriate, except in cases where special legal counsel is engaged. 8 7 Ensures compliance with state statutes and federal mandates, including open meeting laws and public records requirements. Attends and participates in work sessions, meetings and executive sessions of the City Council and citizen boards as required; manages executive session agendas and ensures noticing requirements are met. Manages the department’s budget and the strategic direction of the department. Performs all supervisory and personnel administration for those employees supervised directly, including but not limited to hiring, onboarding, establishing performance goals, performance management, delegating authority, and, if necessary, disciplining. Resolves conflicts, coaches, and provides guidance and direction to employees. City Organizational Values Supports and models the City of Aspen organizational values: Service, Partnership, Stewardship, and Innovation. Organizational values are shared principles that guide behavior across the organization. This position is responsible for upholding and applying these values while performing daily work functions. Core Competencies Displays the following key competencies in the overall job performance to include knowledge, skills, and abilities: Service: Provides service with excellence, humility, integrity, and respect in daily work, builds trust by listening, treats people with respect, acknowledges opportunities for improvement, and follows through with commitments. Partnership: Actively creates strong, supportive internal and external relationships to attain a common goal and achieve greater impact together. Stewardship: Balances social, environmental, and financial responsibilities, evaluating the impact of decision-making on a thriving future for all. Innovation: Develops technical expertise to pursue new ideas and creative outcomes grounded in Aspen’s unique culture, opportunities, and challenges. Communication: Knowledge of effective and appropriate communication. Ability to use knowledge effectively in various contexts which may require oral, written, visual and non-verbal communication. Ability to produce complete, logical, accurate, and clear written and verbal communications. 9 8 Interpersonal:Works to develop strength in interpersonal skills. Has the ability to work well with diverse groups of people, both inside and outside the organization. Technology:Demonstrates technology skills sufficient for the nature and level of the position. Demonstrates a willingness to learn new technologies and to support technological advances and innovation. Team Building:Works to build and maintain high-performing teams. Accountability & Trust:Follows through on commitments, takes responsibility for outcomes, and values relationships. Strategic Thinking:Works to bring a strategic focus to daily work, anticipates problems, and considers solutions. Business/Legal Acumen: Understands business processes and objectives, while adhering to legal, ethical, and professional standards. Business Management:Knowledge of business and management principles involved in strategic planning, resource allocation, leadership technique, and coordination of people. Finance:Knowledge of budgeting, and accounting principles and practices. Minimum Requirements: ●Education: Graduation from a school of law accredited by the American Bar Association with a Juris Doctor’s Degree. Admission to and a member in good standing with the Colorado Bar and authorized to practice law in Colorado. ●Experience: Five years of progressively responsible experience in the practice of law. ●Licenses & Certifications: Must possess a valid Colorado Driver’s License or be able to obtain one within 30 days of start date. Prefer: Municipal law experience and at least three (3) years of progressively responsible supervisory experience. 10 9 NOTE: Any combination of experience and education that would likely provide the required abilities, knowledge, and skills as determined by the City of Aspen may be substituted for the requirements above. NOTE: This position requires a Criminal Background Check upon hire. Employment is contingent upon successful completion of a Criminal Background Check. Position Type and Work Hours: Regular full time, hours may vary with workload. Attends substantial number of council meetings and work sessions, resulting in evening work hours consistently. Work Environment: Indoors:Office environment. Outdoors/Off-Site:Site visits, meetings, field activities, and special events at various city facilities. Physical Demands: Visual Acuity: Ability to bring objects into focus. Balancing: Maintaining equilibrium. Bending: Bending or position oneself to move an object from one level to another. Carrying: transporting or moving an object. Eye/Hand/Foot Coordination: Performing work through using two or more body parts or other devices. Gripping/Grasping: Ability to apply pressure with fingers and palm. Handling: Seizing, holding, grasping, through use of hands, fingers, or other means. Hearing: Perceiving and comprehending the nature and direction of sounds. Kneeling: Bending legs at knees to come to rest on knee or knees Lifting: Moving objects weighing no more than 10 pounds from one level to another. Reaching: Extending the hands and arms or other device in any direction. Repetitive motions: Making frequent or continuous movements. Sitting: Remaining in a stationary position. Standing: Ability to sustain position for a period of time. Stooping: Bending body downward and forward by bending spine at the waist. Talking: Communicating ideas or exchanging information. Walking: Ability to move to traverse from one location to another. 11 10 The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodation may be provided to enable individuals with disabilities to perform the essential functions. This job description is designed to indicate the general nature and level of work. It is not designed to contain or be interpreted as a comprehensive list of all duties, responsibilities, and qualifications required of employees assigned to this job. Duties and responsibilities may change at any time with or without notice. 12 11 Attachment D DRAFT Ideas for Potential City Attorney Interview Questions: Approximately eight questions may be suitable for an in-person interview. Legal Expertise and Experience Describe your experience in municipal law and how it prepares you for the role of City Attorney? Walk us through your most challenging legal situation that you’ve dealt with and describe your approach. Understanding of the Role How do you see the role of the City Attorney in supporting the City Council, citizen boards, and city departments? Describe how you prioritize tasks when managing multiple legal matters for a municipality? Problem Solving and Decision Making How do you approach balancing the legal and political considerations in your advice to city leadership or to City Council? What steps would you take to identify and mitigate potential legal risks proactively? Communication and Collaboration Please share an example of how you successfully worked with multiple stakeholders on a complex issue? Describe your approach to building a strong working relationship with city staff, council members, and the community. Commitment to Ethical Practices How do you stay current on municipal law changes that might affect the city? What is your process for ensuring transparency and accountability in your legal advice? Management Describe your challenges and strengths as a manager of a department. What is your definition of a successful manager? 13 12 14