city attorney • general legal services • records management

CITY ATTORNEY

• General Legal Services • Records Management

Assistant City Attorney 3 2FTE

City Attorney's Office FY 2014-15 BUDGETED POSITIONS

CITY COUNCIL

CITY ATTORNEY I FTE

Assistant City Attorney 2 2FTE

I Legal Secretary

I FTE

Legal Office Supervisor I FTE

193

Support Specialist 2 I FTE

Records Manager I FTE

Records Management Specialist

I FTE

Support Specialist 2 3FTE

$1 ,800,000

$1,600,000

$1,400,000

$1,200,000

$1 ,000,000

$800,000

$600,000

$400,000.

$200,000

$0 11-12 Actual

GENERAL FUND CITY ATTORNEY'S OFFICE

ADOPTED FY 2014-15

12-13 Actual

13-14 Budgeted

13-14 Estimated

rJ Personnel services o Materials and services [] Transfers

By Expenditure Type

194

14-15 Adopted

I FUND: 001 GENERAL

MISSION STATEMENT:

CITY OF BEAVERTON, OREGON FISCAL YEAR 2014-15 BUDGET

DEPARTMENT: CITY ATTORNEY

DEPARTMENT HEAD: BILL KIRBY

The mission of the City Attorney's Office is to provide high quality, cost-effective legal services, including the management of public records, to the Mayor, City Council, City staff and all of the City 's departments, agencies, boards and commissions. (Council Goals #1: Preserve and enhance our sense of community; #3: Continue to plan for, improve and maintain the City's infrastructure; #4: Provide responsive, cost-effective service to the community; #5: Assure a safe and healthy community; #6: Manage growth and respond to change consistent with maintaining a livable, full-service city.)

FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2014-15 REQUIREMENTS ACTUAL ACTUAL BUDGETED PROPOSED ADOPTED POSITION 13.00 13.00 13.00 13.00 13.00

PERSONNEL SERVICES $1,218,522 $1,356,258 $1,633,409 $1,542,099 $1,542,099 MATERIALS & SERVICES 90,956 59,946 137,081 101,384 101 ,384 CAPITAL OUTLAY 0 0 0 0 0 TRANSFERS 14,222 13,520 14,598 14,170 14,170

TOTAL $1,323,700 $1,429,724 $1,785,088 $1,657,653 $1,657,653

Services and Trends:

Services The City Attorney's Office provides legal counsel and representation to the Mayor, City Council, City staff and all of the City's departments, boards and commissions. The office is responsible for drafting the City's contracts, ordinances, resolutions, and real estate transaction documents . Legal adVIce and counsel is provided on a broad range of matters. These include issues related to real estate, land use, urban renewal, housing, transportation, public [mance, economic development, utilities, franchises, public records, public meetings, grants, contracts, procurements, intellectual property, bankruptcy, collections, ethics, civil rights, labor, employment, torts, risk management, workers' compensation, elections, legislation, the environment and other areas of law involved in the operations of the City and its related organizations. When requested to do so by the City Council, the office is also responsible for managing, filing and/or defending civil law suits at trial and on appeal.

The office also is responsible for working closely with the Beaverton Police Department and prosecuting state and local misdemeanor and violation offenses occurring within the city, including the filing of complaints, responding to discovery requests, conducting pretrial negotiations, filing and responding to motions, preparing for and attending hearings, court and jury trials, and certain appeals. Cases prosecuted by the City of Beaverton are prosecuted in the Beaverton Municipal Court. The office also employs a victim's advocate partially funded by the State of Oregon to assist victims of misdemeanor crimes.

The Records Management division of the office takes a lead role in managing the information assets of the City. The division's scope of services includes the traditional archiving function that requires the retention and disposition of important City records in accordance with a schedule mandated by the State of Oregon. As well, the division responds to subpoenas, discovery requests and complex public records requests .

Trends The City Attorney's Office workload largely responds to the needs of the organization. Changes in City initiatives, boundaries, municipal court case load, and relations with other local governments and private enterprises have a direct impact on the workload of the office. For example, as Beaverton' s population increases, the number of police officers increases, which leads to an increase in the workload of the prosecutors. As the City's boundaries expand, the office's workload typically expands to include work on annexation agreements, infrastmcture agreements, and amendments to the City's comprehensive plan and/or development code.

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I FUND: 001 GENERAL


DEPARTMENT HEAD: BILL KIRBY

A second significant factor affecting the workload in the office is the frequency of public records requests as they require legal review in many cases. Management of City records is becoming especially complex as legal rights and responsibilities affect the creation, use and transmittal of information through a myriad of technologies.

A third significant contribution to the workload of the office is the City's property development efforts. These efforts involve all three of the civil attorneys and entail work on such projects as leasing, property conveyances, development agreements and the creation oftargeted development incentives.

The Records Management division of the office has significantly felt the effects of an increased workload due to the fact that it has had to reduce the amount of extra help it has hired over the past three years. The reduction is on account of a change in City policy codified in the collective bargaining agreement the City has with the Services Employee International Union Local 503/0regon Public Employees Union. In FY 2011-12, Records Management spent $20,635 for extra help. In FY 2012-13, Records Management spent $15,803 for extra help. This fiscal year, Records Management is expected to spend $4,011 for extra help. The new limitation on hiring extra help has resulted in a backlog of scanning projects and in an increase in the footprint of physical records. If the scanning is to be completed, it will be necessary to hire an employee to do so. The scanning of paper records is necessary because many of the City's key business processes are still based in paper. Records that originate in paper can be stored electronically only if the paper records are scanned into an electronic records management system.

Budget Highlights: The City Attorney's Office FY 2014-15 Budget is intended to provide the department the [mancial resources it needs to continue to provide a responsive level of service to the department's internal and external customers. The City Attorney's Office's external customers include crime victims and members of the public who submit requests for records or documents. As to internal customers, the City Attorney's Office FY 2014-15 Budget will support the delivery of the following high quality, costeffective legal services to the organization:

• Preparing ordinances and resolutions. • Advising on land use matters and serving as the Planning Commission's legal counsel. • Advising on real estate transactions and/or the drafting of related documents. • Negotiating and/or drafting various agreements, including intergovernmental · agreements, utility franchise agreements,

and infrastructure development agreements. • Providing legal counsel for the City's employment and labor relations functions. • Assisting in advancing the City's legislative agenda. • Advising on public records and meetings law. • Advising the BURA Board on implementing the urban renewal plan. • Defending or prosecuting civil lawsuits and administrative contested cases (e.g., labor and land use cases). • Providing legal training for police officers.

196

FUND: 001 GENERAL PROGRAM:



DEPARTMENT HEAD: 0581 GENERAL LEGAL SERVICES BILL KIRBY

Program Goal: To provide high-quality, cost-effective legal services to the Mayor, City Council, City staff and all the City's departments, agencies, boards and commissions. (Council Goal #7: Provide responsive, cost-effective service to the community.)

FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2014-15 REQUIREMENTS ACTUAL ACTUAL BUDGETED PROPOSED ADOPTED POSITION 8.00 8.00 8.00 8.00 8.00

PERSONNEL SERVICES $867,888 $985,776 $1,146,995 $1,096,265 $1,096,265 MATERIALS & SERVICES 38,285 37,191 94,410 48,256 48,256 CAPITAL OUTLAY 0 0 0 0 0 TRANSFERS 10,456 10,900 11,470 11,134 11,134

TOTAL $916,629 $1,033,867 $1,252,875 $1,155,655 $1,155,655

Program Objectives:

Law Eriforcement • Work closely with the Beaverton Police Department and prosecute state and local misdemeanor and violation offenses

occurring within the city, including the filing of complaints, coordinating discovery requests, responding to evidentiary suppression motions, and conducting pre-trial negotiations, court and jury trials, and certain appeals.

• Provide legal training for police officers. • Provide a victim's advocate to assist victims of misdemeanor crimes, and administer state and federal grant funds for

that purpose.

Community and Economic Development • Negotiate right of way licenses and franchises with private utilities and manage compliance with same. • Provide legal review and drafting of development code and comprehensive plan text revisions, annexation and devel

opment agreements, and property management. • Review and edit staff reports that constitute the findings for land use decisions and prepare final land use orders; litigate

contested cases at LUBA and the appellate courts as needed. • Provide legal advice and draft documents for economic development and BURA programs. • Provide legal advice and draft documents necessary for redevelopment of property. • Provide legal advice to implement state and regional legislation as well as comprehensive land use plan amendments by

both the City and private applicants.

General Legal Services • Assist in labor contract grievance arbitrations, labor law contested cases and development and implementation of em

ployment policies. • Prepare ordinances, resolutions and other actions to implement new laws and program objectives and to revise city code

to conform to changes in federal, state and local law. • Assist with revisions to the City's electronic records retention policies and practices. • Continue serving as a pilot project for configuring and testing a new electronic records and document management

system. • Ensure effective representation of the City's interests in delivering the highest quality of public utilities and related

services, including reviews of SDC, LIDs and other funding sources, urban service boundary agreements and administration of joint water supply agreements.

• Commence or defend legal actions in appropriate forums to advance and protect City's legal interests. Defend against all legal challenges brought against the City, including land use appeals, contract and liability claims not covered by in-

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FUND: DEPARTMENT: 001 GENERAL CITY ATTORNEY PROGRAM: DEPARTMENT HEAD: 0581 GENERAL LEGAL SERVICES BILL KIRBY

surance, challenges to resolutions, ordinances, contract awards and other official enactments of the City. Work with insurance counsel to provide comprehensive defense of tort claims.

• Review and update City's codes, policies and procedures as appropriate to repeal or replace obsolete provisions and to implement new federal, state and local laws.

• Prepare, review or edit the form of all ordinances submitted to the Council for enactment. Review the form of all contract awards (including those not requiring Council action), land use [mal orders, and agenda bills on subject matters involving federal, state or local law. Advise the BURA Board on implementing the urban renewal plan.

• Provide legal advice and defend as necessary all employment rights claims against the City not covered by the City's insurance and all labor relations contested cases. Provide legal review and analysis of labor contracts and employment policies.

• Advise on the legal requirements regarding the procurement of goods and services and the construction of public improvements. Assist in preparing revisions to the Beaverton Purchasing Code.

• Advise on the legal requirements for urban renewal, issuance of bonded debt, imposition of user fees, LIDs, SDCs and other funding sources for infrastructure and development projects.

• Advise City Recorder on state and county legal requirements for candidate and measure elections.

Beaverton Community Vision • The legal department helps the City achieve the following action items of the Beaverton Community Vision:

a Community Vision Action Item #3: Promote Our Diversity - Protect the civil rights of all residents and employees of Beaverton, including in legal proceedings in the Municipal Court.

a Community VisionAction Item #23: Volunteer Opportunities - Create, coordinate and publicize a diverse array of volunteer activities though the use of volunteer law students, young lawyers and victim assistance support personnel.

a Community Vision Action Item #25: Create a "Look and Feel" for Downtown - Assist in the negotiation and drafting of agreements for development of real estate in the downtown area.

a Community Vision Action Item #28: Redevelopment Incentives - Work with others to establish an identifiable downtown through creation and management of various tax incentives for development. Serve as legal counsel to the Beaverton Urban Redevelopment Agency and its Advisory Committee.

a Community Vision Action Item #29: Address Parking Needs - Work with others to problem solve parking challenges, predominantly in the downtown area.

a Community Vision Action Item #49: Improve Intersection Timing - Assist in the legal review of traffic signal timing at major intersections.

a Community Vision Action Item # 65: Electric Car Charging Stations - Promote use of electric car charging stations by helping negotiate and draft agreements for siting stations on City-owned property or public right of way.

a Community Vision Action Item #67: Traffic Safety Campaigns - Prosecute traffic offenses, and support alternative dispositions designed to change the behavior of offenders.

a Comml,lnity Vision Action Item #70: Expand Library Services - Assist the library in negotiation of lease to expand library services in South Beaverton.

a Community Vision Action Item #84: Support Health Care Initiatives - Assist in the negotiation and drafting of a disposition and development agreement for a health care facility at the former Westgate Theatre property.

FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Cost of Service Per Hour: Actual Actual Budgeted Adopted

Support Staff: $44.15 $40.24 $43.23 $44.07

Attorney: $82.17 $79.79 $86.86 $91.42

TOTAL $126.32 $120.03 $130.09 $135.49

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FUND: DEPARTMENT: 001 GENERAL CITY ATTORNEY PROGRAM: DEPARTMENT HEAD: 0581 GENERAL LEGAL SERVICES BILL KIRBY

Progress on FY 2013-14 Action Plan:

• . WINCS Replacement. The office continues to serve on the selection committee working to replace the existing prosecutionrelated document management software provided through WINCS. A preferred replacement software and vendor has been selected and the City is moving forward on contract negotiations and eventual implementation of a new software package.

• HP TRIM Pilot Project. The City Attorney's Office has served as one of three pilot departments for configuring and testing of the HP TRIM electronic records management system. The software is provided to the City by an outside vendor tinder the terms of software as a service agreement. The pilot project is now complete. The service provider has declared the project a technical success, although the City continues to work to improve the end-user experience.

• Police Training. The office continues to train Beaverton police officers in all areas of the law. We provide staff at the officer briefings and management meetings.

• Move to New City Hall. The office played a significant role in soliciting, contracting and managing services related to renovation of three floors of the City Hall Building at The Round for use by City staff.

• Public Safety Ballot Measure. On account of the decision to delay placing this issue on the ballot until November 2014, no significant work was performed with regard to this action item during FY 2013-14.

FY 2014-15 Action Plan: • Resolve how HP TRIM will be deployed in the organization. • Procure and implement WINCS replacement for prosecutions in the Municipal Court. • Under Mayor's direction, establish a real estate committee to evaluate ongoing real estate transactions, create land

acquisition and disposition strategies, propose policies and procedures for the City's real estate efforts, and actively manage the City's real estate holdings. Actual purchase or sale of property interests will be with Council approval.

• Establish a management system for agreement that includes a database and business processes for organizing, executing and archiving all agreements except those already handled by Purchasing. These agreements include all real estate related agreements (leases, memorandums of understanding, disposition and development agreements, easements, etc.), utility agreements, intergovernmental agreements, and grants.

• Under the BURA Board's direction, further operationalize the urban renewal agency. This may include drafting and implementing various programs or plans, developing a grant application strategy, creating a financial strategy, identifying short and long term goals for the agency and its urban renewal areas.

• Assist the Beaverton Police Department with training police officers, including at officer briefings and management meetings.

• As Council directs, write the ballot measure for a bond to fmance a new public safety facility. In addition, advise Mayor's staff and Beaverton Police Department on public relations and informational efforts regarding ballot measure. Continue to assist in the procurement of services needed to design and construct the new facility .

• After public safety building bond passes, locate new archive space for the paper records currently kept on the first floor at the Griffith Drive Building. Actual relocation likely will not occur until FY 2015-16.

• Support effor:ts to update the City's Comprehensive Plan and planning efforts related to South Cooper Mountain area. • Continue to work with the Sustainability division of CDD to promote creative sustainability ideas, such as the installation of

a solar array at Sexton Mountain Reservoir under the terms of a solar power purchase agreement and ground lease. • Present for Council consideration an outline of policy and code revisions needed to promote a "Buy Local" procurement

program. • Present for Council consideration an outline of policy and code revisions needed to promote a minority, women and

emerging small business enterprise procurement program. • Bring forward for discussion in the 2015 legislative session possible amendments relating to the property tax exemption for

non-profit entities offering low-income housing.

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DEPARTMENT HEAD: 0581 GENERAL LEGAL SERVICES BILL KIRBY

• Present for Council consideration an outline of recommended changes to the Council Rules of Procedure. • Amend City Code to address concerns relating to the declaration of emergencies and Council's role in such emergencies.

Performance Measures:

Civil & Administrative Projects: The City Attorney's office provided the City Council with 11 reports highlighting the office's major projects for calendar year 2013. These highlights cover hundreds of projects that the attorneys have worked on in support of our client. In addition, City Attorney staff meets one-on-one with council members once or twice a month. The City Attorney also meets monthly with the Council President to discuss broader management issues.

Police Training: The City Prosecutor presented 12 topics/areas of law to the Beaverton Police Department which totaled approximately 48 training sessions. Most patrol shifts were covered to ensure all Police Officers were afforded the presentations.

Victim Assistance: The City Attorney's Victim Assistance Coordinator will provide victim assistance to approximately 550 individuals and businesses (mostly retail stores) in FY 2014-15. This is an increase from approximately 500 victims projected to be served in FY 2013-14.

Performance Outcomes and Trends:

The overall demand for services is driven by City service levels as well as external factors such as changes in federal, state and local laws, development activity, claims, lawsuits and new court decisions that affect existing practices.

Law Enforcement: Public confidence and safety is maintained with quality law enforcement and full and fair criminal prosecution.

Community Development: The City Attorney's availability increases the efficiency and confidence of the development staff. Legal advice .allows staff to balance the general public and development applicants' interests, resulting in legally-defensible land use decisions.

General Legal Services: Stable and predictable business relations between the City as a municipal corporation and its citizens and other public and private entities is maintained.

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CURRENT LEVEL OF SERVICES


PROGRAM MANAGER: 0533 RECORDS MANAGEMENT DEBBIE BAIDENMANN

Program Goal: To provide high-quality, cost-effective management of public records and information to the Mayor, City Council, City staff and all of the City's departments, agencies, boards and commissions. (Council Goals #4: Provide responsive, cost effective service to the community.)

FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2014-15 REQUIREMENTS ACTUAL ACTUAL BUDGETED PROPOSED ADOPTED

POSITION 5.00 5.00 5.00 5.00 5.00

PERSONNEL SERVICES $350,634 $370,482 $486,414 $445,834 $445,834 MATERIALS &.SERVICES 52,671 22,755 42,671 53,128 53,128 CAPITAL OUTLAY 0 0 0 0 0 TRANSFERS 3,766 2,620 3,128 3,036 3,036

TOTAL $407,071 $395,857 $532,213 $501,998 $501,998

Program Objectives:

Administer a City-wide records and information management program, including: • Training all City staff in appropriate management of public records and information and the use ofthe City's records

management and archiving systems. • Controlling and safeguarding the information assets of the City throughout the information lifecycle. • Coordinating access to public records and information, whether in response to an internal request, a public records

request, a subpoena or a request for discovery in connection with litigation.

Records Management helps the City achieve the following action items of the Beaverton Community Vision: • Community Vision Action Item #17: Community History Project - Provide historical records of the City to the commu

nity to capture the story of Beaverton for use in cultural education. • Community Vision Action Item #89: Make Community Information Easy to Get - Serve as a point of contact for the

request and release of public records and information of the City.

Progress on FY 2013-14 Action Plan:

• Reduce Footprint of Physical Records. On account of the loss of work from extra help employees, the archives footprint of physical records actually increased during FY 2013-14 from approximately 1700 square feet to 2000 square feet. This additional 300 square feet of vertical shelving capacity will hold approximately 600 additional boxes.

• HP TRIM Pilot Project. The City Attorney's Office has served as one of three pilot departments for configuring and testing of the HP TRIM electronic records management system. The Records Management division of the office has taken a lead role in the pilot project for administrating, configuring and testing the HP Trim records management system. The HP TRIM software is provided to the City by an outside vendor under the terms of software as a service agreement. The pilot project is now complete. The service provider has declared the project a technical success, although the City continues to work to improve the end-user experience. Part of the pilot project includes the transfer of existing electronically stored records to the new HP TRIM system. This transfer is 50% completed and is expected to be fully completed by the end of the current fiscal year.

• RM Certifications. The Records Management Specialist obtained her certification as a records manager from the Institute of Certified Records Managers. ICRM is an international certifying organization of and for professional records and

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FUND: 001 GENERAL PROGRAM: 0533 RECORDS MANAGEMENT




PROGRAM MANAGER: DEBBIE BAIDENMANN

information managers. The City's Records Management Specialist is the second woman in Oregon to receive ICRM's CRM certification.

• AIIM Certification for Information Professional. Both the Records Manager and the Records Management Specialist are expected to receive certification as informational professional by the end of the current fiscal year. AIIM is a global organization that provides independent training and certification programs to information professionals. Certification as an informational professional requires applicants to demonstrate knowledge in six areas of content and information management.

• Public Records Policy. The implementation of the HP TRIM pilot project consumed much of the resources of the Records Management division during FY 2013-14. While the City continues to respond to public records requests in a timely fashion, implementation of a revised City-wide policy for responding to public records requests is still a pending project.

• Legal Holds. Through the work of ISD and the City Attorney's Office, the City now uses a cloud-based email archiving service, Symantec Enterprise Vault cloud, which provides a robust e-discovery tool that allows emails to be placed on legal hold. This is a significant step forward in collecting and preserving information that may be relevant to legal claims involving the City.

• Records Retention & Disposition Policy. Significant progress has been made with regard to implementation of a revised records retention and disposition policy. Completion of the policy is tied to the full implementation of HP TRIM, which is on-going.

FY 2014-15 Action Plan:

• In conjunction with the move to the new city hall, build awareness of sound records management policies and how the amount of records to be move can be reduced by carefully applying records retention and disposition requirements.

• Increase amount of scanning of existing physical records, as resources allow. • Continue to analyze existing physical records with a: goal to lower the archives storage footprint, either by scanning existing

paper records into electronic storage and/or encouraging electronic business processes over paper business processes. • Increase City's awareness and use of Simplifile for recording land records and property documents with Washington

County. • Continue to implement and analyze the HP TRIM records management system as part of Oregon Records Management

System pilot project. • Continue to assist the City Attorney's Office to coordinate responses to public record requests and e-discovery demands. • Implement a coordinated, city-wide policy for processing public records requests and develop an action plan and resource

plan for meeting e-discovery demands in a cost-effective manner, focusing on improvement of City's legal hold process. • Update city-wide policies and procedures relating to how citizens make and how the city responds to public record requests.

Coordinate the policy with Police, Police Records, Records Management and other city departments; integrate the policy into City's website.

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Performance Measures:

Research and retrieval requests filled for citizens/staff (combined research + retrieval)

Number of pages destroyed per month per retention schedule

Cost per document to prepare/process for microfiche/filming/scanning

Temporary help




PROGRAM MANAGER: DEBBIE BAIDENMANN

FY 2011-12 FY 2012-13 FY 2013-14 Projected/Actual Projected/Actual Projected/Revised

800 900 900

40,000 45,000 45,000

$.74 $.74 $.74

$20,635 $15,803 $4,011

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FY 2014-15 Adopted

900

45,000

$1.00

$15,000

city attorney • general legal services • records management

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