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6.4.H. - Page 2 rate of the current contract attorney was set based on her years of experience, the level of work and quantity she would be expected to perform, particular assignments such as sitting in for the City Attorney during her absences from the office, and market conditions. ANALYSIS The City Attorney's Department now wishes to: (1) obtain the approval of the City Council to make in-house contract appointments on a temporary basis from time to time in order to prevent work stoppages or where the specialized skills of the attorney is needed to perform work of a limited duration; (2) establish a formal rate structure for in- house contract assignments of attorneys who would otherwise be associated with the former Senior Assistant City Attorney level; and (3) provide clarity of the appropriate pay rate for contract attorneys who are also retired annuitants and whose salary is limited by law to the established base pay rate (no benefits or other compensation) of employees performing comparable duties. (Cal. Gov't Code 21224) ALTERNATIVES 1. Establish a different pay rate structure. 2. Do not establish a pay rate structure and continue making evaluations of the proper pay rate on a case-by-case basis. FISCAL IMPACT If hiring of temporary and limited duration contract attorneys from time to time were disallowed, either there would be a work stoppage or slow-down for certain work. Alternatively, the work would be handled by special counsel at a greater cost and therefore fewer hours would be contracted and less work performed. In addition, due to the increased cost, only less experienced attorneys could be hired as special counsel to perform in-house work. The establishment of a pay rate for in-house contract work for more experienced attorneys provides greater clarity but has no fiscal impact. ENVIRONMENTAL REVIEW N/A �r--� -' ��-��;�N �t� PAMELA THOMPSON CITY ATTORNEY �� ROBERT B. BELL CITY MANAGER