HomeMy WebLinkAboutCOM 0163.000 2002-2004 YY Os M
d1M..'.:~..Vy~
Harry Kim c~ o William Takaba
\,le~,
Ivlm'or Direclm'
Nancy E. Crawford
ij•~ Depu(f DircUOr
County of Hawaii
Finance Department
25 Aupunl Strect, Room 718 Hilo, Hawaii 96720
(RON)961-8234 Fax IROS)9G 1-8248
March 4, 2003
Honorable James Arakaki, Chairperson and
Members of the County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Resolution Creating Position
Enclosed is a resolution creating a Deputy Corporation Counsel Position for the Office
of the Corporation Counsel. This position will allow them to keep up with the increasing
legal demands of the County, to develop expertise in specific areas of the law, and to
maintain a more "pro-active" legal presence in the County. This includes the
development and maintenance of a risk management program, the County-wide
training of employees, and the standardization of all County contracts and documents.
The Department of Water Supply believe it is fair and in the collective best interest of
the County that they provide funding for this attorney position, since as a semi-
autonomous department within the County, they do not contribute to general fund
revenues, but are receiving the benefits of legal representation by the Office of the
Corporation Counsel.
If there are any questions, please do not hesitate to call the Office of the Corporation
Counsel.
William Takaba
Director of Finance
APPR VED:
/ Ir Comm. Na~~~
H ry Kim /wY4-- Fite No. ~~7
Mayor Ret. To: Fri
tt~e. nAt~ MAR (16 203
Enc.
l2e5 5 /-0-3
cc: Office of the Corporation Counsel
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: Corporation Counsel DATE: February 19, 2003
STAFF CONTACT: Lincoln Ashida or Martha Rodillas PHONE: 961-8251
A. REQUEST:
Establish a permanent Deputy Corporation Counsel position.
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDEDI:
We have experienced an increased demand for legal services by our County clients. This is attributable to
the increased litigious legal climate in our society. We have tasked our attorneys with providing increased
service to our County clients, much like attorneys in private practice. This in turn results in increased work
for our attorneys.
Specialization is becoming the standard in the practice of law. In order for us to properly and effectively
represent our clients, it is necessary to develop expertise is specific areas of the law. Our present staffing
limitations do not allow our attorneys the necessary time to develop this expertise. They are in essence
required to be "Jacks of all trades."
We have also required our attorneys to develop comprehensive risk management programs for their County
clients. This ongoing process requires a substantial amount of time and effort, apart from the time and effort
necessary to complete the daily legal demands placed upon the attorneys. Examples of risk management
programs range from identifying unwarranted high risk County activities, to contract standardization in order
to protect the County's interests.
SIGNED: _ DATE: FEB 2 4 Z(A3
Department Head
Depts/Finance/FORMS-Martha/B-52 Request for Council Aclion DCC position 2-19-03
OFFICE OF THE CORPORATION COUNSEL
County of Hawaii
Deputy Corporation Counsel
Position Description
Deputies Corporation Counsel are attorneys appointed by the Corporation
Counsel pursuant to Sections 4-5, and Sections 6-2.1, et. sep., Hawaii County
Charter.
Minimum Qualifications
Licensed to practice law in both state and federal courts of Hawaii, and in good
standing with the Hawaii Supreme Court.
Possession of a valid State of Hawai'i's driver's license (class 3), or an
equivalent license.
Job Requirements
1. Provide pro-active, prompt, and proficient legal support for the Office of
the Mayor, and all County departments, boards and commissions.
2. Represents in apro-active, prompt, and proficient manner the Office of the
Mayor, all County departments, boards and commissions, and County
employees in all litigation matters within the course and scope of their
employment (with the exception of impeachment proceedings).
3. Interacts with clients, the public, and fellow employees professionally at all
times. Keeps abreast of recent developments in the law, displays a willingness
to learn, provide excellent service, and unqualifiedly support the vision and
mission of the office.
S. Departments/Corporation Counsel/Position Description (or Deputies 2-24-03/LSAmr
REQUEST FOR ORGANIZATIONAL CHANGES AND/OR POSITION ACTIONS
TO: MANAGING DIRECTOR DATE: February 19, 2003
FROM: DEPARTMENT: Corporation Counsel
DIVISION/BRANCH: Administration
REQUEST:
® NEW POSITION
?RE PAY GRADE
? REALLOCATION
POS.NO. CURRENT TITLE PAV GRADE
PROPOSED TITLE PAY GRADE
? OTHER
Icnange m FiE, transhxc etal POS. NO. CURRENT TITLE PAY GRADE
COMMENTS:
The Department of Water Supply had indicated they are desirous of funding an
attorney position at the Office of the Corporation Counsel.
FEB 2 4 2003
APPROVED ? DISAPPROVED
v 3
MANAGING DIRECTOR DATE
DCS CP-005 (2/93)(11/93)(7/01)
~
NEW POSITION INFORMATION FORM
Department: Corporation Counsel Date: 2/18/03
Division/Branch: Administration
# of Similar
Pay Fund Pos. in
Class Title Grade Salary _ Source De t.
Deputy Corporation Counsel $ 72,192 Water 9
De t.
1. Give reasons how new duties arose (statutes enacted, ordinances, newly
authorized programs, basis for increased workloads, etc.):
(1) We have experienced increasing legal demands. In addition to the increase in
workload, our office has not utilized special counsel as lik~erally as done in the past,
and has done the work "in house."
(2) One of our goals is to maintain a more "pro-active" legal presence in the County
for our clients, including the development and maintenance of a risk management
program, County-wide training of employees, and standardization of all County
contracts and documents.
We require additional staff to achieve these goals.
2. Can new duties be assigned to existing positions or handled in other way such as.
short term contracts, etc.
Given the existing caseload of our attorneys, they cannot perform the additional
tasks of aggressive risk management, training, and contract standardization.
Contracting out these duties would not be fiscally efficient, since private attorneys
would command excessive fees, as compared to creating a new position.
New Position Form
Page 2
3. How will new position increase the efficiency/effectiveness of operations? (Use
productivity measurements where possible.j:
Presently, there is no formal risk management program for the County. Additional
attorneys will mitigate the work load of all attorneys, allowing each attorney to focus
on the development and maintenance of a risk management program for their
County clients.
4. Alternatives that were considered in lieu of new position. (Have technological
changes been considered?~
Technological changes cannot supplant the job responsibilities of a County
attorney.
5. Why were manpower needs not planned through budgetary process?
This request to create a new position is submitted contemporaneously with the
budget request for fiscal year 2003-2004.
6. List other rationale or pertinent statements and data:
When I began with the County in 1987, there were an equal number of prosecutors
as there were corporation counsel attorneys. Today, the Prosecutors have 29
attorneys, compared to 1 1 corporation counsels (including myself). The Prosecutors
have added positions by funding them through available grants, then requesting
they be converted to permanent County positions.
The civil legal needs of the County will always be present. In this day of
specialization in the law and the increasing litigiousness of our society, the need for
proper legal representation for the County is a necessity.
DCS CP-002 (2/93)
SOURCE OF FUNDS FOR NEW POSITION/REALLOCATION/CHANGE IN FTE
1. COMPUTATION OF FUNDS REQUIRED FOR POSITION NO. NEW (If no position number
indicate "new".)
a) New monthly salary $ 6,016
b) Present monthly salary specifically included in
FY budget Qf NOT BUDGETED, INDICATE -0-) $ -0-
c) Net funds required (Item "a" minus Item "b") $ 6,016
d) Remaining number of months in current fiscal year 0-
e) Funds required in remainder of fiscal year
(Items "c" x Item "d") $ _0_
2. AVAILABILITY OF FUNDS
a) What is the position's fund source (county, state, federal)? County
b) Funds are budgeted in account number: 5131.01-O1 1
c) Funds are available in account number: to be reimbursed by
Water Department
Transfer to account number:
d) Request to transfer funds for reallocation:
From: 010-91 15911.70-341 Provision for Reallocation
Total Amount
To:
Account Number Account Title
I certify that the information is correct and funds are available, and that the funds may be used
for the classification action as requested.
" - DEB 2 : 2~ti3
Department Head Date
DCS CP-004 (2/93) Rev. 8/94; 8/97
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