Recommendation
The Mayor and Council should conduct a public hearing.

Change in Law or Policy
Resolution 8-89 adopted on April 24, 1989 names Paul Glasgow as City Attorney through Venable LLP.

Discussion
In January 2008, the City of Rockville’s Mayor and Council directed City staff to conduct an analysis of options, including bringing its legal services in-house. The Mayor and Council issued the directive in an effort to determine the efficacy of transitioning the City’s legal services from an outsourced function utilizing a single firm, to an in-house legal office.

The City requires legal support to respond to claims and lawsuits; manage litigation of personnel matters involving more than 536 full time employees; and to provide day-to-day advice and counsel in the preparation of contracts, resolutions, ordinances, and regulations. The City Attorney acts as a legal advisor to the Mayor and Council, Boards and Commissions, City staff, and represents the City before administrative bodies at the federal and state level.

On April 16, 2008, the City Manager transmitted to the Mayor and Council the “City Legal Services” report that included a historical perspective of the current model, cost data, and options for staffing the legal services functions.

The Mayor and Council later requested that City staff compile a job description and draft advertisement for their consideration and review. The draft job description and advertisement are attached for review and discussion. If the Mayor and Council ultimately decide to move forward on a legal services model that includes an in-house City Attorney, City staff recommends that an executive search firm be utilized. With this in mind, a draft "Request For Proposal" (RFP) is also attached for consideration. A more efficient option would be to "ride" on an existing executive search firm contract with another jurisdiction. Montgomery County government has three executive search firms on retainer. Utilizing this contracting method eliminates the time required to advertise and select a vendor. The cost for these services generally ranges from $35,000 to $45,000. Funding will be available in FY 2009 in the Human Resources departmental recruiting budget (110-450-2101-0222).

Mayor and Council History
In January 2008, the Mayor and Council directed staff to provide information on City legal expenses and requested an analysis of the various options or models for providing legal services.

Options Considered
The April 16, 2008 report outlines two viable options for providing legal services:

(1) Contracting out for all legal services (current method)
(2) Developing an in-house City Attorney department

Fiscal Impact
Any fiscal impact will be derived subsequent to decisions on organizational design and staffing levels.

Next Steps
The Mayor and Council will need to determine how long to hold the record open and at what future date they will return for discussion and instruction.

Attachments

Department Head:



Carlos Vargas, Director of Human Resources
Approved on: 06/04/2008

Deputy City Manager:


Catherine Tuck Parrish, Deputy City Manager
Approved on: 06/04/2008

City Manager:

Scott Ullery, City Manager
Approved on: 06/04/2008