Under general supervision, performs a wide variety of professional legal duties, ranging in difficulty from moderate to complex, for all municipal departments, the City Council and advisory boards and commissions; prosecutes criminal misdemeanor cases; and performs related duties as assigned in either the Civil or Prosecution Division of the City Attorney/City Prosecutor’s Office.
CLASS CHARACTERISTICS A Deputy City Attorney performs the full range of professional legal duties involving assignments and cases ranging from moderately difficult to complex. An incumbent provides legal advice and counsel to City managers and staff and prosecutes criminal misdemeanor cases of increasing difficulty and complexity requiring deeper knowledge and experience gained in specialized areas of civil and criminal law affecting public agencies. As familiarity and experience is gained in the conduct of civil litigation and administrative hearings and criminal prosecutions, duties and responsibilities are carried out with considerable independence within a framework of law and established policies, procedures and precedents.
Employees in this class typically report to an Assistant City Attorney and provide lead supervision to legal support staff or law clerks.
Deputy City Attorney is distinguished from Assistant City Attorney in that an incumbent in the latter class leads or supervises a team of attorneys and handles legal issues, matters and cases of significant complexity and risk to the City with seasoned legal judgment and acumen.
ESSENTIAL FUNCTIONS:
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class.
Prepares cases for civil or criminal trial; coordinates trial witnesses including law enforcement and expert witnesses as needed; assists in and/or tries cases in state, federal and appellate courts and before administrative tribunals.
Performs legal research and prepares legal opinions on various legal problems for municipal departments, law enforcement agencies, the City Council, advisory boards and commissions.
Confers with the City Attorney/City Prosecutor and more senior attorneys to determine legal policy and litigation strategy; studies facts and circumstances and interprets legal authorities including the constitution, codes, court decisions, City Charter and ordinances to give legal advice or prepare opinions; mentors and trains other City staff and law enforcement on new laws, policies and procedures.
Receives visitors and telephone calls from persons wishing to discuss possible complaints, litigation, or other legal issues related to the City.
Keeps knowledge and skills current through legal education as mandated.
When Assigned to the Civil Division:
Prepares and examines routine to complex contracts, deeds, leases and other legal documents and instruments for City departments.
Attends meetings of advisory boards, commissions and Council Committees and serves as legal counsel at such meetings.
Serves as prosecuting attorney for the City in cases relating to City ordinances; prepares cases for condemnation; investigates claims by or against the City and recommends action to be taken; assists in or prepares cases for hearing.
Assists in the City’s real property acquisition and management by drafting and reviewing legal documents, negotiating settlements for the purchase of land as directed and after eminent domain proceedings have been filed; processes legal documents for property acquired after settlement has been reached; assists in the preparation of and represents the City in eminent domain actions filed by the City.
Stays abreast of developments in assigned departments’ areas to anticipate changes in statutes and legal precedence that would impact operations and public service needs.
When Assigned to the Prosecution Division:
Prepares and examines routine to complex pleadings, briefs, motions and other legal documents relating to court proceedings.
Prosecutes Municipal Code violations and state criminal misdemeanors; reviews warrants and coordinates investigations; negotiates dispositions; oversees restitution processes.
Reviews law enforcement reports and cases to determine whether to file or reject criminal complaints or to refer for an office hearing or mediation in order to comply with state and municipal laws by settling disputes out of court.
Responsible for production of discovery and ensuring compliance with discovery obligations; views physical evidence; appears in court on pre-trial and trial motions; conducts jury trials; prosecutes cases from pre-filing through appellate process.
QUALIFICATION GUIDELINES:
Graduation from a recognized law school and membership in good standing in the California State Bar Association and at least three years of professional experience as a practicing attorney. Experience in a public agency is preferred.
Knowledge, Skills and Abilities Knowledge of:
Principles and practices of civil, criminal and administrative law.
Pleadings and effective practices and techniques in the presentation of court cases.
Judicial procedures and rules of evidence.
Legal courtesies and court room etiquette.
Principles, methods and techniques of legal research and investigation, including methods and procedures for conducting efficient online legal research.
Statutory and case law applicable to City operations.
Constitutional law and California civil and criminal law applicable to areas of assignment.
Federal, state and local law, codes and regulations applicable to areas of responsibility, including the Brown Act and Public Records Act.
Basic principles and practices of public administration and operations of City government.
Principles and practices of sound business and legal communication; correct English usage, including spelling, grammar and punctuation.
Ability to:
Define issues, perform legal research, analyze problems, evaluate alternatives and develop sound conclusions of law and legal recommendations.
Present statements of fact, law and argument clearly, concisely and logically, orally and in writing.
Exercise sound, independent judgment within general policy guidelines and legal parameters.
Interpret state and federal laws, regulations, legislation and constitutional provisions affecting assigned City operations.
Represent the City and the Office of the City Attorney/City Prosecutor effectively in hearings, courts of law and meetings; try a civil or criminal case.
Prepare clear, concise and competent contracts, leases, deeds, reports, correspondence, proposed legislation and other written materials.
Make persuasive presentations of City positions and viewpoints in public hearings and meetings and in court appearances.
Understand and follow written and oral instructions.
Establish and maintain effective working relationships with City managers and staff, elected officials, members of the legal community and others encountered in the course of work.
SPECIAL REQUIREMENTS:
Licenses; Certificates; Special Requirements: A valid California Class C driver’s license and the ability to maintain insurability under the City’s vehicle insurance program. A valid license to practice law issued by the State Bar of California must be maintained as a condition of continued employment
CLASS DATA:
FLSA Designation:
Exempt
EEO Category:
Professionals
Bargaining Unit:
MGMT-NR (Level 2)
Probationary Period:
At Will
PHYSICAL AND MENTAL DEMANDS:
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands While performing the duties of this job, the employee is regularly required to sit, walk and stand; talk or hear; reach with hands and arms; and perform repetitive movements of hands or wrists. The employee is frequently required to lift up to 25 pounds unaided. Specific vision abilities required for this job include close vision and the ability to adjust focus.
Mental Demands While performing the duties of this class, an employee uses written and oral communication skills; reads and interprets data, information and documents; analyzes and solves problems; observes and interprets people and situations; uses math and mathematical reasoning; learns and applies new information and skills; observes and interprets people and situations; performs highly detailed work; deals with changing deadlines, constant interruptions and multiple concurrent tasks; and interacts with others encountered in the course of work, including frequent contact with customers and/or the public and dissatisfied/abusive individuals.
WORK ENVIRONMENT:
The employee works in an office environment where the noise level is usually quiet.
