Work Session Minutes of the Town of
2nd floor Conference Room
Web Site: www.townofcary.org
Present:
Mayor Ernie McAlister, Mayor Pro Tem Jack Smith Council Members Marla Dorrel,
Mike Joyce, and Jennifer Robinson, and Julie Robison
Absent: Nels Roseland
Mayor
McAlister called the work session to order at
The
purpose of the work session is to discuss the hiring process for the town
attorney, which is an appointed position and does not fall under the ordinance
requirements for the Town’s recruitment and selection process.
Human
Resources Director Valira Willis outlined steps to be used as a general
practice for hiring. She stated that the goal of the work session is to make
sure that the council has a clear understanding of the job so that they can
decide how to proceed with the selection process. She provided the following
memorandum to the Council prior to the work session:
MEMORANDUM
To:
Town of
From:
Valiria Willis, Director of Human Resources
Date:
Subject:
Work Session To Discuss Town Attorney Selection Process
I
will be serving as your facilitator during the upcoming work session to
discuss the selection process for the town attorney position.
The goal of the session is to make sure the council has a clear
understanding of the job and decide how you would like to proceed with the
selection process.
I
have outlined below how I propose to structure the work session.
Under each section I have listed important issues the council will need
to decide.
Understanding the Job
Prior
to beginning the selection process, it is important for the council to have a
clear understanding of the town attorney’s role and what functions are
included under the office of the town attorney.
Understanding the requirements of the job will help you think through
and determine the characteristics you believe a successful candidate will need
to possess. It is also an
opportunity for you to evaluate and make recommendations for changes in
departmental operations. Council
members will have an opportunity to provide input on how the town attorney
position will function in the future including issues such as communications,
accessibility, and staffing for board and committee meetings.
Please
review the job description provided in your packets.
It provides general information on the current duties and
responsibilities.
Identifying
Characteristics, Skills and Experience
After
you have a good understanding of the job, we will spend some time identifying
specific characteristics, skills and experience you desire in a successful
candidate. You need to determine
if there is a particular area of expertise or particular characteristic(s) you
value especially high and would like for your next town attorney to possess.
You
will also need to decide if residency in the town of
Determining the Selection Methods
After
you decide the type of candidate you are looking for, the council will need to
determine the method that will be used for selecting applicants for an
interview. I will provide an
overview of the applicant pool and will ask you for input on the following
issues:
A. How and who will screen applications?
I will conduct an initial screening of the applications and provide a
report at the work session. You
can decide how much additional review will be required by human resources, the
whole council, or a council subgroup.
B. Who will conduct the initial interviews?
Council may prefer that the whole group conduct the interviews or
choose to use an interview committee, and should also decide if any staff
members will be included in those meetings.
C. If an interview committee is created, what
parameters will they operate under?
D. What assistance would you like in developing
interview questions and conducting the interviews?
There are a number of sources available to assist with development of
questions including the
You
will also need to decide if additional selection methods will be used such as
a writing sample from the candidate(s).
Hiring
Once
the council has decided on one candidate, decisions will have to be made
regarding the actual employment of the individual.
Although these decisions do not have to be made immediately, some
thought needs to be given to the following:
A. Who will conduct the reference check?
Human resources can conduct initial references, and council can also
speak with references directly.
B. What will be the nature and extent of the
reference check? The reference
check currently used for hiring Town staff will be provided and Council may
choose to add questions.
C. Will other background information such as a
criminal check be necessary?
D. What compensation package will be offered?
In addition to salary, Charlie receives a car allowance and the same
benefits package offered to employees.
E. Will there be other conditions of employment?
Residency, probationary period, and work hours are examples of issues
to consider for conditions of employment.
F. Who will negotiate with the candidate?
A
drug test is required as a condition of employment, and Human Resources can
handle the logistics to ensure this is completed at the appropriate time.
We will wrap up the session by reviewing a time table for completion of
the steps.
As
we go through the process I am sure there will be many more questions that
come to mind. During the session I
will also be prepared to provide information on conducting a fair and
effective process. My role as your
human resources director is to serve as both a facilitator of the process as
well as advisor. I will be happy
to provide whatever information you feel is necessary to help you make the
best decision.
__________________________
Town
Attorney Charles Henderson provided an overview of the town attorney’s
office operations and position responsibilities, including the legal
requirements listed in the Town of Cary Code of Ordinances and the North
Carolina General Statutes.
Mr.
Henderson provided the Council with the following outline:
How the position is established:
- General Statutes of
”Part 6. City Attorney.
”§ 160A-173. City attorney; appointment and duites. The council shall appoint a city attorney to serve at its pleasure and to be its legal advisor. (1971, c. 698, s. 1.)” - Town of
”Article III. Mayor and Town Council
“Section 3.10. Town attorney.
”The Town attorney shall be the legal advisor to the town and perform such duties as may be specified by the council, or specified by law.” - Town of
”Chapter 2. Administration
”Article III. Town Officers
“Sec. 2-60. Town attorney; duties.
”The town attorney shall be the legal advisor to the town and perform such duties as may be specified by the town council and Section 3.10 of the Town Charter and Section 160A-173 of the General Statues of
Overview:
- Staff – Town Attorney
(26 yrs.), Assistant Town Attorney (15 yrs. Part-time and full-time),
Legal Secretary (12 yrs)
- Interaction with - town
council, town manager and staff, citizens, public meetings, litigation
Specific Functions:
- Town council and boards
and commissions
- Contract drafting and
review: Reviewed/drafted 278 contracts in fiscal year 2004; parks,
recreation and cultural resources projects (amphitheatre, tennis center,
- Ordinance drafting/review:
estimated 30 in fiscal year 2005
- Contracted services: Civil
cases (4) and on-going condemnation cases
- Administrative functions:
Fiscal year 2004 - 170 land acquisitions and 40 minimum housing cases;
estimated for fiscal year 2005 15 board of adjustment cases
Continuing and Future Projects:
- Regional utilities issues:
Morrisville utilities merger; Western Wake wastewater treatment project;
and thermal biosolids dryer (regional operation)
- Construction Issues:
Completion of construction of Town Hall campus; USA Baseball construction
and operation; improvements to
- Town Operation of: Tennis
center;
- Real Property Acquisition:
301 properties for streets projects; 77 properties for greenways projects;
and 23 properties for sewer extensions
- Recodification of Town
Code
- Unwinding of Schools
Adequate Public Facilities Ordinance: Developer agreements and rezonings
- On-going Code Amendments:
Updates to Land Development Ordinance; sign ordinance; and revisions to
growth control ordinances
Mr.
Henderson stated that the town attorney’s office spends about 8 percent of
its time for town council support, 33 percent of its time on contract drafting
and review, 12 percent of its time on ordinance management, 19 percent of its
time on contracted services, and 29 percent of its time on administrative
functions. He said that the percentages provided are only estimates, and that
it is possible for any one project to have components of all of the areas
described. These functions are outlined in the
Mr.
Henderson stated that the council has broad discretion in setting up the
duties and responsibilities of the Town attorney’s office.
Mayor
McAlister asked if the outline provided reflects the way other municipal
attorneys in similar size municipalities function. Mr. Henderson responded
that it does reflect everything that most cities do, however
__________________________
Mr. Coleman and Mr. Henderson provided the council with the following memorandum prior to the work session:
To:
From: Bill Coleman, Town Manager
Charlie
Henderson, Town Attorney
Re:
Town of
The purpose of this
memorandum is to provide the Cary Town Council with an overview of the Town
Attorney position for reference during the upcoming Town Attorney selection
process. Topics covered in this
memo include the following:
- Legal
Department
- General
statement of Town Attorney duties
- Distinguishing
features of the job class
- Duties
and responsibilities
- Requisite
knowledge, skills, and abilities
- Desirable
education and experience
- Necessary
special qualifications
- Ideal
candidate personality traits
- Job
posting script
- Major
work area descriptions and resource allocations per FY 2005 budget
- Staffing
history of the Town of
- Cost
history of the Legal Department
- Percentage
change in annual cost of the legal department
- Legal
department cost as a % of town-wide personnel, O&M, and capital
- Assignment
of litigation to outside attorneys
- Summary
of outside attorney fees from FY98-04
- Legal
Department narrative updated from FY 2005 budget document
General
Statement of Town Attorney Duties
Performs
professional legal work in support of the Town Council and other Boards and
Departments for the Town. The Town
Attorney is the individual who manages all legal issues facing the Town and
advises the Council with respect to the legal implications of policies,
initiatives and actions which the Council may be considering.
Distinguishing
Features of the Class
Duties
and Responsibilities
Essential
Duties and Tasks
·
Essential Duties and Tasks
Serves as legal counsel for the Town Council, Town Manager, Town staff and
various Boards and Commissions.
·
Organizes and manages the
legal program for the Town.
·
Supervises staff attorney
and contract attorneys representing the Town.
·
Prepares and responds to
motions against the City; researches case law and court rulings; determines
merits of a case and points of law; analyzes pertinent statutory and case law,
administrative and procedural rules; develops case strategy and legal
arguments; conducts civil and administrative litigation.
·
Attends Council meetings
and provides legal assistance during meeting.
·
·
Conducts legal research on
variety of issues relating to any City service program and/or administrative
business areas; may include research of constitutional law.
·
Drafts various legal
documents including legal orders resulting from Council decisions, memorandums
of law; contracts, easements, deeds and County ordinances.
·
Identifies potential legal
issues in any City action and engages in work required to resolve; reviews
agenda and documentation and/or attends meetings of various Council; attends
public hearings; reviews existing contracts, ordinances etc. and
recommends/implements changes.
·
Trains and prepares staff
as necessary in the practices and procedures of courts.
Additional
Job Duties
·
Attends conferences and
workshops to maintain law license in accordance with State Bar requirements.
·
Performs related duties as
required.
Requisite
Knowledge, Skills, and Abilities
·
Thorough knowledge of case,
statutory, regulatory and common law in areas related to City government, and
State and Federal Constitutional law.
·
Considerable knowledge of
state and federal law in the areas of employment, contracts, public financing,
real estate transactions, purchasing, open meetings, and public records.
·
Considerable knowledge of
land development ordinances,
·
Considerable knowledge of
judicial and quasi-judicial procedures and the rules of evidence.
·
Ability to conduct civil or
criminal litigation.
·
Ability to interpret and
apply constitutional provisions, statutes, administrative regulations, court
decisions ad other precedents.
·
Ability to research and
analyze facts, evidence, and legal instruments.
·
Ability to express
conclusion and arguments clearly and logically in oral and written forms.
·
Ability to maintain
effective working relationships with Town elected
officials, Town Manager and department heads, judges, other attorneys,
and other employees.
·
Ability to exercise sound
judgment.
·
Ability to effectively
organize and manage legal staff.
Desirable
Education and Experience
Legal degree from a recognized school of law and at least five years of progressively responsible professional legal experience in areas related to local governments; or an equivalent combination of training and experience.
Necessary
Special Qualifications
- Licensed
to practice in the State of
- Successful
completion of State Bar required hours of annual CLE credits
Ideal
Candidate Personality Traits
- Honest
and loyal to the organization
- Available
- Accessible
- Responsive
- Proactive
in dealing with problems
- Committed
to excellent public service
- Excellent
communication skills (written and verbal)
- Ability
to work well under pressure, including constantly shifting priorities
- Calm
demeanor
- Ability
to work well with council, staff and public
- Ability
to handle numerous issues simultaneously
- Ability
to resolve disputes between diverse groups
- Ability
to answer questions in public meetings in an accurate and concise manner
- Good,
practical approach to legal issues confronting municipalities based on
thorough knowledge of municipal law
- Ability
to deal effectively with “adverse” attorneys
Job
Posting Script
The Town of Cary; nationally
recognized for its quality of life and the seventh largest city in North
Carolina with a population of 108,000; is seeking an experienced, innovative
attorney. This position organizes,
directs and manages the legal issues facing the town.
The ideal candidate will possess knowledge of laws regulating
Major
Work Area Descriptions and Resource Allocations for FY 2005
Staffing
History
As
the Town of
Until
1989 - One full time Town Attorney with shared administrative support from the
Town Manager’s office
1989
- Addition of twenty hours per week provided through independent firm of
“Wishart Norris Henninger” by one of their staff attorneys, Chris Simpson
1994
- Full time dedicated administrative position added
2000
- Level of support provided through “Wishart Norris Henninger” reached the
point that it was more cost effective and efficient to add an Assistant Staff
Attorney position at thirty hours per week (0.75 full time equivalent) and
Chris Simpson applied and was hired into that position
2002
- Assistant Staff Attorney position increased from 30 to 40 hours per week
Cost History in Whole
Dollars
Cost History Percentage
Change Per Year
Cost History As
Percentage of Town-Wide Personnel,
O&M, and Capital
Assignment
of Litigation to Outside Attorneys
Whenever
the Town is named as a defendant in a lawsuit, the case is referred to the
Town’s insurance carrier to determine if it is covered under the Town’s
policies. If so, the insurance
company retains counsel, and the Legal Department assists that counsel in the
litigation. If the insurance
company does not provide coverage, the Legal Department then determines which
attorney(s) to refer the matter to. There
are different attorneys who assist the Town in the following specialty areas:
- Land use and zoning
issues, including appeals to Superior Court of decisions made by
the Zoning Board of Adjustment
- Construction law
- Employee/employer
relations, including worker’s compensation
- Environmental law
- Finances/Bonds
- Election law, including
campaign finance law
- Cases involving the
Town’s water and sewer utility system
When the Town is a plaintiff
in a lawsuit, we again evaluate the case based on the main issue in the
lawsuit. The most frequent cases
brought by the Town are land condemnation cases.
The next most frequent cases are zoning code enforcement.
These cases are referred to specialist in those areas of litigation.
