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Home My WebLink About10/15/2024 10.A. Civil Division Budget Presentation r:- `y 7 ljlt ii! .s BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10.A. For Meeting of: October 15, 2024 ITEM TITLE: Civil Division Budget Presentation SUBMITTED BY: *Sara Watkins, City Attorney Ryan Bleek, Senior Assistant City Attorney SUMMARY EXPLANATION: Budget overview of services and costs provided by the City Legal Civil Division. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: ATTACHMENTS: Civil_Budget Presentation.pdf 320 4 r14 1 *' Office o f the City Attorney 25 - 26 Priority- Based Budget Sara Watkins City Attorney 2025 Legal ( Counsel / Risk Management ) Priority- Based Biennial Budget Priority Level Program Name Justification of Priority Level A Sate & Healthy Yakima A Resilient Yakima A Thriving Yakima An Engaged Yakima Lawyers provide legal advice and counsel to the City Council, staff and divisions of City government, including contract review, legal opinions, drafting ordinances and resolutions, land use, personnel, policing, public works, airport operations, public records, and codes, and constitutes the majority of the work done by the City Attorney and the four attorneys working in the Civil Division. 1 Legal Advice and Counsel $ 1,002,420 Lawyers respond to claims and lawsuits against the City, evaluate and work to mitigate risks, and provide risk management advice to the City and its staff and departments in all areas of City activity and possible liability. Legal staff also supervises and collaborates with outside counsel on litigation, works with claims adjusters and our insurance agents, and oversees the risk management funds. The amount listed for this fund include the City's property and liability insurance, risk management funds, and professional services funds 322 1 Risk Management associated with litigation and risk management. $ 5,235,186 2026 Legal ( Counsel / Risk Management ) Priority- Based Biennial Budget Priority Level Program Name Justification of Priority Level A Sate & Healthy Yakima A Resilient Yakima A Thriving Yakima An Engaged Yakima Lawyers provide legal advice and counsel to the City Council, staff and divisions of City government, including contract review, legal opinions, drafting ordinances and resolutions, land use, personnel, policing, public works, airport operations, public records, and codes, and constitutes the majority of the work done by the City Attorney and the four attorneys working in the Civil Division. 1 Legal Advice and Counsel $ 1,040,599 Lawyers respond to claims and lawsuits against the City, evaluate and work to mitigate risks, and provide risk management advice to the City and its staff and departments in all areas of City activity and possible liability. Legal staff also supervises and collaborates with outside counsel on litigation, works with claims adjusters and our insurance agents, and oversees the risk management funds. The amount listed for this fund include the City's property and liability insurance, risk management funds, and professional services funds 323 1 Risk Management associated with litigation and risk management. $ 5,312,154 Program Name Non-monetized services provided by the department that appear critical but are not budgeted: Office administration,management&supervision;assist with day-to-day operations; budget and financial management; Human Administrative Services 202 2 O 2 Resources and personnel management; procurement of government goods and services; property management—office remodels. Domestic Violence Currently the Family and Community Violence Unit attends the Domestic Violence Coalition,but that is due to adequate staffing to Coalition cover while they are at the meeting. Legal Fr i or i ty_ Processing of U-VISA applications. A U visa is a temporary visa issued by the United States Citizenship and Immigration Services U-VISA (USCIS).It gives victims of certain crimes(&sometimes their children)temporary legal status and eligibility to work in the United States. Review of these requests are mandated by law. Safety Committee Participating in monthly City sponsored safety committee meetings. Based Biennial YPD In-Service Training Annual in-service training provided to all Yakima Police officers. A Stipulated Order of Continuance(SOC)is an agreement between the prosecutor&the defendant.In return for completion of a SOC Restitution number of conditions,the case is dismissed at the end of the monitored program.Defendants who enter into an SOC pay their II restitution at the City Legal Dept&payment is forwarded to the victim by City Legal staff. Bu e t eSeries Meetings Computer program conversion-current system end of life;takes large commitment from staff to attend meetings,trainings. Prosecution Conflicts The City handles conflicts for other jurisdictions,in exchange for those jurisdictions handling City of Yakima conflicts. Sex Offender Trespass Assist in the preparation&service of Notice Pursuant to RCW 9A.44.193 to registered sex offenders who reside near the City's swimming pools barring them from such public facility. Drug&Asset Forfeiture Seizure&forfeiture of personal property,currency,real property,vehicles involved in DUI,physical control,&ignition interlock violations. Public Records The Legal Department helps review public records request responses before they are released to requestors. Community Engagement The Legal Department is sometimes asked to attend,or invited to,various community groups,such as the Homeless Network, Homeless Coalition,meetings with City staff and donors or volunteers,and other similar meetings. Grant Application and Applying for a Federal,State,or local grant is time consuming. If the grant is awarded,the grant administrator must ensure that Administration the grant requirements are met,submit monthly or quarterly reports to the funding agency. Loss Prevention Officer (LPO)Meeting Traffic and Property Crime prosecutors attend the monthly retail LPO meetings hosted by law enforcement. Attendance Attorneys are consistently asked to provide presentations and/or training at state-wide municipal law training conferences due to Trainings/Presentations the attorneys'knowledge and experience in municipal law practice areas. The City of Yakima is a consistent presenter at the Washington State Association of Municipal Attorneys conferences. 4 324. 2 LEGAL SERVICES FUNCTIONS CHART Legal Division Civil Division Office Prosecution Division Management and Administration Legal advice and counsel on all areas — Charge and prosecute crimes under the municipal code of law Provide advice and counsel on criminal law and procedure, Contract and document review including training for officers Provide victims of family violence resources and support Risk Management, liability and litigation Operate the Community Diversion Program Draft ordinances, contracts, real estate documents, resolutions, and legal opinions Attend Council and committee meetings; other meetings where legal counsel may be advantageous 325 LEGAL Organszabonal Clean as of lane uy I.202S S.WATKINS City Attorney 20.50 Pull Time Equivalents(trrE's) P.MARTINEZ Legal Department Office Supervisor CIVIL DIVISION Cn Aoeiatent 250 FIE. I f 1 I B.HARGREAVES R.BLEEK B.PALTL J.BLTSEY Senior Asoistent Senior Awedeu Senior Anon:tan- Aaniot.uet City Attorney City Attorney City Attorney City Attorney I I 1 Gear Cli Program Cvii LtebtLry Employment&Personnel Public Works Code Enforce®' Civil Litigation Law including Contracting Codes Adm irdotratlon Damage CLuaa RSA,WMWA.ADA, Public Bidding Nieman Property Risk.Management WLAD,&PMLA Pula&Rmeabon Civil Liebdlty LJbganon Discovery Labor Unions Utl►aes Civil LYlgobon insurance including PERC&UL.P Environmental Law Reek Lleaagaoant lnuuan:o Program: Cm]Service Ordinances&Contracts Public Peccads Ad Public Records Act Commissions Ordinances&Contronh ,::adman es&Contracts Public Reoards Ad Civil Parfcituro Ordinances&Canhanc PROSECUTION DIVISION C.MARTINEZ Siouan Assiut-auk B.AARON City Attorney E.MOORE A:instant Aooistov City City Attorney City- Ordinances&Contra: Attorney A.BRUSIC J.acHAprP B.WRIGHT Annintant Senior AssistantSenior Amintant City Attorney City AttorneyCity Attorney I I I TRAFFIC& CHARGING FAMILY Sr PROPERTY CRIMES T.TbIIT COMMITNITY 3.03 FTP's 50 F7E'z VIOLENCE Conan uutg Dovuzior Pre Ring Diversion 358 PM ]nfamonn Program CCRT Officer Advice& Officer Adven& (if4L er Advice& Training Training Training -Ci0g of Thkfmo 1 2025-2026 Ae opted Sadgr't 6 326 LEGAL ADVICE AND COUNSEL Priority Level 1 Legal Advice and Counsel • 3 Attorneys • 2 Legal Assistants • Used by all departments and divisions for advice, review, drafting, commenting and opinions Some statistics: • Projected to prepare over 250 ordinances and resolutions in 2024 • Prepared over 325 legal opinions in 2023 • Reviewed contracts for every division and department A�V�CE ir SUP OR,....,,Ain UIOANcE f HELP > 328 Legal Advice and Counsel • Legal Counsel and Advice Includes : • Questions from all divisions and departments of the City involving legal matters, policies and procedures; • Ordinance and resolution drafting and review; • Drafting contracts; • Reviewing all contracts and public bidding documents; • Land Use and Planning review; • Representation of the City in Planning hearings; • Provides legal evaluations of City ordinances to the Hearing Examiner upon request; • Attendance at Planning Commission Meetings; • Coordination with stakeholders on projects involving legal matters; • Drafting legal opinions for the City Manager or upon request from Council; • Attendance at all Council meetings (business meetings, study sessions, special meetings); • Development of policies, procedures and templates for use by City departments and divisions; and • Seizure and forfeiture of personal and real property used to facilitate certain drug and felony crimes. 329 RISK MANAGEMENT Priority Level 1 Risk Management • 2 Attorneys • 1 Legal Assistant • 1 Purchasing Employee ( RM pays a portion) • 1 Public Records Officer • Purchasing employee compiles and ensures that insurance certificates and endorsements are filed and up-to-date on contracts. • There are two (2) Public Records Officers for the City—one is funded through the Risk Management Fund. 11 331 Risk Management • Risk Management Work • Advises on personnel matters; • Includes advice on state and federal laws involving hiring, employment, discrimination, disability, benefits and unions. • Helps the City navigate the complex personnel rules where there are large penalties for doing things improperly. • Collective Bargaining Agreement negotiations; • Respond to and represent the City in all Equal Employment Opportunity Commission (EEOC) complaints; • Public Records Act legal advice; • Litigation: Oversees outside counsel and litigates some lawsuits in-house; • Advises on insurance questions; • Manages claims; Includes evaluating claims and recommending appropriate resolutions (92 claims last year); • Files and litigates claims not covered by insurance; and • Evaluates and creates City policies to help reduce risk. 332 Risk Management Fund Costs The Risk Management Fund includes personnel from legal, purchasing and the City Clerk's office. It pays for the City's insurance and damage claims, as well as includes funds for mitigation of risk, the use of which is subject to the City's risk management fund policy. Costs include : • Professional services for broker fees and claims adjustment services in the total budgeted amount of $140,000 in 2025 and $155,000 in 2026; • Third party claim administration in the amount of $60,000 in 2025 and $65,000 in 2026; • Damage claim settlement fund of $1,500,000 in 2025 and 2026; and • Insurance and Bond Premiums in the estimated amount of $3,727,568 for 2025. The total amounts for insurance have not been finalized for 2025 and likely will increase again in 2026. 333 Risk Management Professional Services Fund The Risk Management Professional Services Fund is money set aside to pay for non-routine, non-recurring and unbudgeted goods or services primarily for the purpose of mitigating liability risks to the City. The Legal Department oversees the use of those funds under the policy. City staff brings proposals to Legal for use of the funds and Legal reviews the request to ensure it meets the policy. Examples of prior use of the fund: • Hazardous tree removal; and • Netting at the Fisher Park Golf Course. The budgeted amount for 2025 and 2026 is $150,000.00. 334 Legal Department Legal Counsel/Risk Management 2025 & 2026 Budget Requests None ! But: • Insurance Costs are increasing; • Claims Adjuster Costs are increasing; • Damage Claims payments are always unknown—we have worked hard to limit claims by pro-actively addressing issues, having attorneys involved in all aspects of the City, and requiring insurance and indemnification in contracts; and • Personnel-related lawsuits are seeing increased jury verdict damage awards, sometimes in the lOs if not 100s of millions of dollars. 335 s- 'i :i i5 `� .336