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Home My WebLink About2023-05-25 Special Study Sessionr nil:1, C l6S y i ri A i",,i d ao u��ntu dSe ssoge ASHLAND CITY COUNCIL SPECIAL CALLED STUDY SESSION AGENDA Thursday, May 25, 2023 Council Chambers, 1175 E Main Street View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via rvtv.sou.edu select RVTV Prime. HELD HYBRID (in -Person or Zoom Meeting Access) Public testimony will be accepted for both general public forum items and agenda items. Please complete the online Public Testimony Form, for WRITTEN and ELECTRONIC testimony only. Indicate on the Public Testimony Form if you wish to provide WRITTEN testimony, or if you wish to speak ELECTRONICALLY during the meeting. Please submit your testimony no later than 10:00 a.m. the day of the meeting. 1. Public input (Up to15 minutes) 2. Review of City Attorney Hiring Process& Candidate Profile Draft 3. Adjournment of Study Session In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Manager's office at 541.488.6002 (TTY phone number 1.800.735.2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). Page 1 of 1 Jensen Strategiesi000sistingLhoC�bvofAsh|ondvvithroonuhingtheCitv'snextCkv4iborneyThehntntepinthe recruitment process is for Council to review the process and candidate profile to allow for the formal adoption of both during a Council meeting. Under Oregon law, for City Council to hold an executive session to consider the employment ofonemployee (ORS lQ2.680/2\/o\and ORS l92.00O/7\/d\\Council must officially adopt ahiring process. Jensen Strategies also recommends the adoption of the attached position profile as an agreement on attributes the Council ksseeking inthe next City Attorney. This will aid inthe development ofrecruitment materials and establishment ofcriteria for candidate evaluations. BACKGROUND AND ADDITIONAL INFORMATION Jensen Strategieshas gathered input through one-one-omeinterviews with the Mayor, Council, City Management and Legal Department tninform the draft position profile oewell oaworked with Mayor, Council, and staff toestablish otimeline for the recruitment. FISCAL IMPACTS The City Attorney position has been budgeted in the current budget as well as for the next BN. DISCUSSION QUESTIONS Does the Council have any questions regarding the proposed process or candidate profile? SUGGESTED NEXT STEPS Staff will bring back the final process and candidate profile to the June 6 th Council meeting for formal adoption to allow the process to move forward. REFERENCES & ATTACHMENTS AKoohrnont#l: Draft Profile and Hiring Process Page lofl Official adoption of a hiring process (Appendix B) is required under Oregon law for a City Council tohold anexecutive session tmconsider the employment ofanemployee (per ORS In addition, the City of Ashland recruitment consultant, Jensen Strategies, LL[,isrecommends the City Council adopt the attached position profile (Appendix A) as an agreement on the attributes the Council isseeking inthe next City Attorney. This profile will also inform the development ofrecruitment materials and to establish criteria for candidate evaluations. The consultant gathered input through one-on-one interviews with the Mayor, Council, City Management, and Legal Department staff to inform the draft position profile for the City's 2023 City Attorney Recruitment. ADOPTION OpOFFICIAL POSITION DOCUMENTS ASHLxwoCITY ATTORNEY RECRUITMENT 2ouo DRAFT 5-22-23 The City Attorney position requires a law degree from an accredited school of law, current membership in good standing with the Oregon State Bar, a minimum of five years' experience as apracticing attorney with oronbehalf nfpublic sector organizations. The City prefers acandidate with at least three years' experience asamunicipal attorney, either as an employee or contractor, reporting to a city council/commission in Oregon. In addition, specific experience and expertise in land use, municipal finance, public contracting, employment/labor relations, telecommunications, municipal housing policy, and housmlessnoss issues iSpreferred. Municipal Law Expertise and Experience The City Attorney will be expected to possess the necessary knowledge, expertise, and experience in nOuDidp8| l8vv issues to effectively provide sound and clear legal guidance tothe City Council and staff. Familiarity with the legal issues relevant tOservices and functions provided by@full-service municipality isimportant. Assuch, the City Attorney isexpected toapply their expertise toward proactively protecting the City from unnecessary and foreseeable legal challenges, while seeking collaborative and innovative solutions when feasible. The[ity8ttorney must have the ability to provide support and guidance for City Council policy discussions and decision making including navigating parliamentary procedures and is expected to represent the City injudicial and administrative forums. The City Attorney will also beexpected toadvise the City Council and/or staff when outside counsel is recommended due to the need for specialized legal expertise Orthird-party legal opinions. xSHLxNDCITY ATTORNEY RECRUITMENT 2023:CANDIDATE PROFILE PAGE 10po Council Relations and Support As a direct report tothe City Council, the City Attorney is expected to promote and maintain effective working relationships with the Mayor and all members of the Council. As such, the City Council expects the City Attorney to proactively engage and guide Council members on issues with legal parameters or consequences, while maintaining appropriate deference. Regular attendance, in on advisory capacity, is expected at City Council meetings including offering procedural guidance as needed. The City Attorney should exercise appropriate judgment to keep the Council informed of legal issues potentially or presently impacting the City in a timely manner. The City Attorney must be able to provide City Council with clear, concise, understandable, and accurate legal guidance regarding substantive and procedural actions. Leadership and Management The City Attorney should possess effective skills and experience to lead and manage all aspects of the City Att0[Dnv's Office including, but not limited to, personnel management, budget development and tracking, succession planning, and effective engagement with the City leadership team and department representatives. As such, an ability to provide clear direction to effectively manage Legal Department functions, balance priority initiatives, and foster an active and forward -thinking workplace is important. The City Attorney should possess management experience to provide effective staff oversight, support staff development and retention, and to facilitate workforce planning to meet current and anticipated staffing needs in a vibrant organizational and community environment. Aleadership style that demonstrates confidence with humility and tact is important. A commitment to communication, collaboration, transparency, integrity, and empathy as well as an organized, personable, patient, inclusive, respectful, even-tempered, and professional personal demeanor is essential. Communication It is imperative the City Attorney possess effective communication skills to effectively engage and inform multiple City audiences, including but not limited to the City COuUdL staff, legal professionals, local government officials, and community members. The City Attorney should practice and value a commitment to accessibility, transparency, inclusion, ethics, and timeliness when communicating with all individuals or groups. Further, a personal style that facilitates and encourages respectful two-way dialogues and an ability to communicate complex legal and policy issues in understandable terms is important. Communication, both verbally and written, should beoffered with clarity, substance, and conciseness. City Legal Authority As a core responsibility, the City Attorney must be knowledgeable and experienced in writing, interpreting, and updating Home Rule authorities including the City Charter, Ashland Municipal Code, planning codes, and administrative policies. Ability to dnsti review, and elucidate these legally binding documents, with direction received from the City Council, is integral tOthis position. The scope Vfthis role includes analyzing and advising the City onvarious legal questions and recommend courses of action, preparing ordinances and resolutions, correspondence, memoranda, and reports concerning to address legal questions, in addition to analyses, interpretations, and Opinions relative toCity authority. ASHLANDCITY ATTORNEY RECRUITMENT 2o23� �CxNo|oATEPHDnLE PAGE 2OFo DRAFT 5-22-23 Municipal Fi Municipal Finance is both a complex and an imperative area of the City Attorney's practice and isakey area nfexpertise for the successful candidate. The City Attorney must have in-depth knowledge and experience in the laws, administrative rules, and legal precedent applicable to the Cih/sfinances. Specific matters include local budget law, authorized expenditures, tax increment financing, bond issuance and proper allocation of tax revenues and other sources of Public Contracting The City Attorney is expected to provide legal guidance, interpretation, negotiation, and enforcement of City contracts involving a wide variety ofsubjects such as real mstato, development, purchasing, intergovernmental, financial, personnel, and other agreements. In the course Ofthis responsibility, the City Attorney i\expected topractice transparency, indusivity, equity, and to act collaboratively whenever possible. Land Use and Development Oregon has a unique system of land use laws and regulations. The City Attorney should have expertise in land use law, including Comprehensive Plan and Development Code content and application, urban growth boundary administration, and intergovernmental service agreements. Development applications, including those for housing and telecommunications uses, will require the City Attorney to advise the City's Planning Department and appointed and elected officials on rapidly changing rules, and to provide legal analysis and opinions, to assist the proper handling of City hearings, and to represent the City in administrative proceedings. Personnel and Labor Policies The City Attorney is expected to provide legal advice and guidance on employee and labor [e|8doDs issues including, but not limited to, City personnel policies, disciplinary actions, employee grievance complaints, collective bargaining agreements, and investigations. This responsibility includes researching, analyzing, and interpreting various labor -related questions and advising the City with tangible courses ofaction. |naddition, this includes onability to participate effectively in union negotiations with clear legal advice and a solution -oriented approach when possible. The City Attorney should respond toinquiries and resolve complaints in a timely manner. An ability to identify and act when thin] party investigations are required toresolve personnel issues isrequired. Diversity, Equity, and Inclusion The City Attorney should have a demonstrated understanding of the practices and principles of diversity, equity, and inclusion /DE|\. Knowledge and experience Oflegal requirements and parameters for DB-relatedmatters isimportant. Further, the person inthis position is expected to embrace and practice DEI principles as relevant to the policy development, personnel management, aswell aSthe staffing and operations o[the Legal Department. x8n|ANDCITY ATTORNEY RECRUITMENT 2023 CANDIDATE PROFILE PAGE aDF5 Professional Certification and Growth The City Attorney is expected to fulfill ongoing requirements to maintain an active and good standing with the Oregon State Bar. Assuch, participation inrequired Continuing Legal Education (CLE) courses, and other mandatory trainingsisimperative. The City Attorney is expected to stay abreast of relevant legal decisions, best practices, and current trends to effectively serve aothe Cit»'sprimary legal counsel. |naddition, asthe manager ofthe Legal Department, the City Attorney should require and ensure that any attorneys within the Department remain active and in good standing with the Oregon State Bar, Understanding of CitV Government Roles The City Attorney should have a thorough understanding of the Council -Manager form of government and the roles ofthe bodies and individuals within such governments. The City Attorney will be expected tohelp proactively advise and guide the City Council, staff, and advisory bodies to function effectimzly within their legally defined roles. The Attorney will be expected to provide legal counsel and assistance to the City Council and staff in finding legally sound, innovative, collaborative, inclusive, and solution -oriented paths for the following policy issues: The City ofAshland, like many cities, has aninsufficient supply ofhousing and limited available land to provide additional living options for local workers or residents. Further, the community is also experiencing continued and increasing houselessnpss resulting in competing interests seeking different solution approaches. The City has been working to address houselessness within legal parameters including opening an overnight campground for people experiencing hous8|essness to meet State lovv and to allow enforcement of City ban of camping in public spaces. The complexity ofhouse|essness issues and the associated legal parameters present continual challenges tonavigating diverse interests tofind solutions that address different types of houselessness, individual support services, affordable housing, public safety, and community livability. The City Attorney will be expected to provide legal advice on housing and house|essnexs policies as well as stay informed on laws and decisions that could impact City policies related to housing and houselessness issues. Charter and Ordinance In 2020, Ashland voters passed a Charter amendment to establish a Council -Manager form of government. Implemented in 2021, the transition to the new government structure has been on -going with the hire of a city manager who now oversees the operational side of the City and isthe primary staff liaison tothe City Council. Adjustments Lothis new form ofgovernment are continuing and will need legal counsel toadvise onissues that arise. For example, aseparately elected Parks Commission oversees the City Parks Department but ultimate budgetary authority for the Department resides with the City Council. Bringing greater clarity Vfroles and ASHLANoCITY ATTORNEY RECRUITMENT 282aCAND|DATEPH0F|LE � PAGE 40F5 DRAFT 5-22-23 authority will beneeded toensure effective delivery ofparks services. |naddition, the Ashland Municipal Code will need to be updated to be consistent with the Charter and current practices. The City Attorney will be expected to have an integral role in updating the City's ordinances. Telecommunications Like in many cities, telecommunications companies are working toward Lransitioningto a 5G wireless network requiring installation of facilities to support this updated system. This new network system has generated significant community and City Council discussion regarding these facilities from a safety and aesthetically acceptable perspective. With new FCC regulations prohibiting traditional land use processes based onthe development code, anew ordinance is under consideration to set a framework for Small Wireless Facilities applications. The City Attorney is expected to advise on any City ordinances or policies related to this new issue, and to address specific site -related legal issues aothey arise. ASHLANoCITY ATTORNEY RECRUITMENT 2023�C�0��M�nB � PAGE 50ps Upon City Council adoption, the following hiring procedures will be implemented to recruit the City of Ashland's next City Attorney. Recruitment Brochure Development: Upon City Council formal adoption ofthe hiring process and candidate profile ofthe City Attorney, the consultant will develop a professional, comprehensive recruitment brochure designed to attract the highest quality applicants. Organization -specific information will beincorporated into the brochure, including an overview of department functions/services, staff size, budgetary information, and current challenges and policy priorities. Community information will be added, including a description of the environment with quality -of -life details, economic highlights such as important industries and major employers, and a listing of public agencies with overlapping jurisdiction. The brochure will include position compensation information, including salary and benefits package, as well as information on how to apply for the position and the recruitment timeline. Position Advertisement: The consultant will execute a comprehensive position advertisement process designed to attract a variety of qualified and well -suited candidates. The approach will be multi -faceted and will include advertising the position on high -profile managerial and specialization -specific websites, within professional publications and periodicals, with venues that reach out to diverse candidate populations, and in other forums as appropriate. The cOUsU(t8Dt will also directly contact qualified candidates within their professional network to inform them of the openings. Initial Application Screening: Candidates will provide a resume, a cover letter, and a]ensen Strategies supplemental application form. The consultant, including 8team offormer public administrators, will review applications against the adopted City Attorney profile, remove all non -responsive applications, and determine which candidates best fit the City's needs. Semi -Finalist Zoom Interviews: The consultant will conduct preliminary Zoom interviews with the candidates who best fit the candidate profile, as well 35 all veterans who meet the position's noininnunn qualifications (as required by Oregon lovv\. In preparation for the interviews, the consultant will conduct an internetsoarch regarding each candidate, to identify any high -profile work -related media. DRAFT 5-22-23 Recommendation of Finalists: The consultant will attend an executive session of the City Council in -person to present the results of the initial review process and recommendations of up to four finalists for the City Attorney position. For transparency purposes, the consultant will provide briefing notebooks for the City Council with information on all the candidates interviewed. During the session the consultant will answer Council questions and assist in facilitating a discussion to help them reach consensus on up to four finalists. Subsequently, the Council will announce the finalists in a regular business meeting after the consultant notifies the selected finalists and receive permission for public disclosure oftheir candidacy. Background Checks on Finalists: The consultant will engage abackground check firm to perform comprehensive background checks on all finalists. Background checks will include: ° County criminal searches ° State criminal searches " Federal criminal searches w National criminal database searches • Sex offender searches • Motor vehicle searches r Educatio»/degneeverU5oation ° Employment verification • Credit checks • Civil litigation Reference Checks on Finalists: The consultant will take the necessary time to vet the candidates with the references they provide, as well as other knowledgeable contacts the consultant may beaware of, asking incisive questions tOgain 8comprehensive understanding of their abilities as a City Attorney and potential to meet the attributes sought by the City, Finalist Interviews: Finalists will be interviewed in -person by three panels consisting of(1) the City Council, (2) a panel of City Attorneys from other jurisdictions, and (3) a panel with City management and department heads. Panelists will receive an informational packet containing interview guidelines, questions, and comprehensive information on each finalist. After panel interviews have been completed, the consultant will summarize the findings and recommendations 1obeshared during Council deliberations and selection. Council Deliberations and Selection: The Council will convene inexecutive session. Atthe session, the consultant will provide summary noa1eha| on all input received during the finalist interview process, references, and background checks. The consultant will facilitate the Counci|'sdiscussion inidentifying their selected candidate. N Week 1 ;Council official adoption of candidate profile/hiring process Week 2 Recruitment brochure development Weeks 3 - 7 Position advertisement Week 8 Initial application screening Week 9 Preliminary Zoom interviews Week 10 Recommendation and selection of finalists Weeks 11 - 13 Background/reference checks on finalists Week 14 Finalist interviews and selection 3