Assistant City Attorney I/II

Job Description:

Assistant City Attorney I/II

Description

Description

First review after four weeks, 11/11/2024.

POSTING OVERVIEW

Qualified candidates may be eligible for reimbursement on moving expenses. Flexible scheduling available to include (but are not limited to) every other Friday off. This position may be filled as a Level I or Level II Assistant City Attorney.

2024 Salary Ranges:
Level I: $7,631 - $10,174/monthly
Level II: $9,041 - $12,054/monthly

CORE VALUE STATEMENT

The City of Kennewick will provide excellent public service and ensure the safety and wellbeing of our community and one another through the empowerment of each employee. We value integrity, inclusiveness, stewardship, and communication. We are accountable to our community for innovative and collaborative efforts that anticipate needs, leverage resources, and deliver solutions.

CLASSIFICATION SUMMARY

Level I: Under general direction, enforces the Municipal Code through legal representation of the City in misdemeanor cases. Incumbent provides legal advice to police officers and various City departments; reviews reports for charging decisions; conducts case settlement negotiations; prepares cases for trial and tries cases in court.

Level II: This classification is distinguished from Assistant City Attorney I because it requires greater knowledge of civil litigation and government process. The incumbent will provide legal advice to the City Manager and City Council concerning civil litigation matters in executive sessions. The incumbent will also draft ordinances and prepare staff reports to the City Council. The incumbent exercises considerable discretion and has more expertise and independent authority than Assistant City Attorney I.

Examples of Work Performed (Illustrative Only)

The following list reflects the essential job duties and responsibilities of this classification, but should not be considered all-inclusive. The incumbent will be expected to perform other related duties as assigned.
Level I:

• Prepares cases for court by reading police reports and records, contacting witnesses, reviewing all evidence to determine the legal sufficiency to pursue cases. Plans legal strategy to ensure compliance with state law.
• Charges crimes and infractions, exercises discretion in the level and number of charges to file.
• Represents the City in court for jury and bench trials, as well as hearings involving both criminal and non-criminal cases.
• Negotiates settlements of criminal and non-criminal cases with attorneys and defendants to ensure the best interests of the City are served.
• Provides legal advice to police officers regarding City laws and legal procedures, as well as to various City departments when legal representation is necessary in District Court.
• Reviews drug forfeiture reports; exercises discretion in approving which matters proceed to a forfeiture hearing; litigates forfeiture matters to completion.
• Receives and responds to inquiries from citizens, victims, attorneys and defendants regarding City laws and policies and pending cases depending upon the nature of information (public vs. confidential). Takes further action as necessary.

Level II:

• Drafts and/or reviews a variety of legal documents, including but not limited to contracts, leases, interlocal agreements for services, real estate transactions, easements and other property-related documents, settlement agreements, and discovery-related documents.
• Provides legal advice to various City officials, the City Manager and City Council on appropriate course of action based upon existing law, whether to initiate legal proceedings, and legal strategy. When necessary, appears as Counsel for the City of Kennewick on civil matters filed in District Court and Superior Court, and in civil administrative hearings. Provides legal advice to police officers regarding City laws and legal procedures.
• Researches and drafts legal opinions in areas of municipal law, including but not limited to, public records, civil rights, public works, land use, police powers, taxing authority, etc.
• Charges crime and infractions, exercises discretion in the level and number of charges to file. Prepares cases for court by reviewing police reports and records, contacting witnesses, and reviewing other evidence to determine the veracity and legal sufficiency of the City’s case. Develops legal strategy to ensure compliance with state law.
• Represents the City in court for jury trials, bench trials, and motion hearings involving criminal cases. Negotiates settlement of criminal cases with attorneys and defendants to ensure the best interests of the City are served.
• Represents the City in court for jury and bench trials for civil cases by investigating facts, determining applicable law, assessing the likelihood of success, and negotiating a settlement or litigating accordingly.
• Receives and responds to inquiries from citizens, victims, attorneys and defendants regarding City laws and policies and pending cases depending upon the nature of information (public vs. confidential). Takes further action as necessary.
• Prepares ordinances and resolutions for City Council’s consideration, and delivers staff reports to City Council as necessary.
• Serves as counsel for the City’s Code Enforcement/Abatement Team. Provides direction, interpretation of governing local, state, and federal laws, and facilitates proper resolution to challenging code enforcement issues.

Employment Standards

MINIMUM QUALIFICATIONS
Level I:
This position requires a Juris Doctor degree but is otherwise an entry level position that will provide training, mentoring, and courtroom experience to the person hired. Active members of the Washington State Bar Association are preferred but individuals eligible for and awaiting admission may also be considered.

• Must be an active member of the Washington State Bar Association or be Rule 9 eligible.
• Must pass a criminal background investigation.
• Must maintain a level of mental and physical fitness required to perform the essential functions of this classification.

Level II:
This position requires a Juris Doctor degree and three or more years of experience in criminal prosecution, or any combination of relevant education and experience sufficient to demonstrate the knowledge, skills and abilities to perform the duties listed above.

• Must be an active member of the Washington State Bar Association.
• Must pass a criminal background investigation.
• Must maintain a level of mental and physical fitness required to perform the essential functions of this classification.

Supplemental Requirements

To perform the essential functions of the classification, incumbents must be able to meet the following physical requirements: must regularly talk, hear/listen, see/observe, sit, stand and walk; must regularly demonstrate fine motor skills; must occasionally exert up to 10 pounds of force.

WORK SCHEDULE
The initial work schedule for this classification will be full-time, Monday through Friday. Early mornings, evenings and weekend work may be occasionally required.

This classification is exempt under the FLSA.

The benefits listed below are those currently enjoyed by full-time City of Kennewick Non-Contract employees. It is important to remember that over the course of time these benefits may change - they are not permanent. Benefits may change through City Council or administrative action or changes mandated by state and federal law.

Paid Holidays
12 per year (9 scheduled; 3 “floating”)
New Year's Day, Martin Luther King Jr. Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after Thanksgiving, Christmas Day, and three floating holidays selected by the employee. An employee will accrue one of the three floating holidays on each of the following days: February 1, February 12, and August 31. An employee will only accrue a floating holiday on these days if actually employed.

Paid Time Off (PTO)
The purpose of PTO is to compensate employees for absences due to injury, illness, vacation and personal business. In addition, the program is designed to provide employees with personal flexibility regarding the use of leave hours. PTO hours accrue based upon the actual number of regular hours worked.

Accrual per Month:
0-5yrs 6-9yrs 10-14yrs 15-19yrs 20-24yrs 25-29yrs 30+yrs
12 hours 15 hours 17 hours 19 hours 21 hours 23 hours 25 hours

Retirement Plan
All City employees are members of the Public Employees Retirement System (PERS). The City and the employee both contribute toward the plan. PERS provides regular retirement and disability retirement benefits. City employees also participate in the Social Security Program. Rates effective as of 09/01/2024. ( www.drs.wa.gov )

PERS Employee Contribution Rate Employer Contribution Rate
Plan II 6.36% 9.11%
Plan III Employee Choice (see booklet) 9.11%

Deferred Comp
The City contributes an equivalent of 5% of your regular monthly salary to Mission Square Retirement (previously ICMA) deferred compensation program. No employee match required, but employees may contribute towards plan if desired. ( www.icmarc.org )

Medical, Dental& Vision Insurance
The City currently pays the entire dental and vision insurance premiums for the employee and dependents.Employee current premium share is $190.00 per month for medical insurance to cover themselves and dependents.

Life Insurance
1.5 x annual salary (not to exceed $250K) provided by the City of Kennewick. Employee may purchase Voluntary Term Life Insurance for employee, spouse and/or dependents through New York Life (previously Cigna).

Long Term Disability
The City pays the entire long-term disability premium for employees through New York Life (previously Cigna).

Wellness Program
The Wellness Program has been established to encourage employee health and fitness, both at work and at home. A City Wellness Committee promotes and provides opportunities for healthy lifestyles. Employee fitness center is open to all employees and their spouses.

Employee Assistance
An Employee Assistance Plan (EAP) is provided by the City to assist you and family members, providing counseling and treatment in such areas as stress, drug and alcohol abuse and family counseling.

Other Benefits Offered

• Flexible Spending Plan (Pre-Tax Deduction for Medical/Dental and Day Care)
• Aflac Supplemental Insurance
• Tuition Assistance
• Bereavement Leave
• Overtime
• Direct Deposit (paydays are 5th and 20th of the month)

Closing Date/Time: 12/9/2024 11:59 PM Pacific

Salary:

$91,572.00 - $144,648.00 Annually