REPORT TO THE CITY COUNCIL
FROM: ANDREW JANZ, City Attorney
City Attorney’s Office
BY: TINA R. GRIFFIN, Chief Assistant City Attorney
Litigation Unit, City Attorney’s Office
SUBJECT
Title
Actions pertaining to the expansion of the Litigation Unit in the City Attorney’s Office:
***RESOLUTION - Adopt the First Amendment to the Position Authorization Resolution (“PAR”) No. 2024-121, adding one full-time Senior Deputy City Attorney, one full-time Deputy City Attorney, two full-time City Attorney Investigators, one full-time Paralegal, and one full-time Legal Secretary positions in the City Attorney’s Office.
Body
RECOMMENDATION
Staff recommends that Council authorize the adoption of the First Amendment to the Position Authorization Resolution (PAR) No. 2021-179, adding a total of six full-time positions as follows: one Senior Deputy City Attorney, one Deputy City Attorney, two City Attorney Investigators, one Paralegal, and one Legal Secretary in the Legal Proceedings Section, Litigation Unit of the City Attorney’s Office to implement the City of Fresno’s wage theft enforcement program.
EXECUTIVE SUMMARY
Staff recommends Council approve the First Amendment to the PAR to add a total of six full-time positions as follows: one full-time position of Senior Deputy City Attorney; one full-time position of Deputy City Attorney; two full-time positions of City Attorney Investigators; one full-time position of Paralegal; and one full-time position of Legal Secretary to implement the City of Fresno’s wage theft enforcement program.
BACKGROUND
In July 2023, pursuant to Assembly Bill 102, the State of California appropriated $18 million to the Department of Industrial Relations (DIR) to provide Workers’ Rights Enforcement Grants to eligible public prosecutors (defined as “district attorney, a city attorney, a county counsel, or any other city or county prosecutor who has established an office or division of workers’ right enforcement) to enhance labor law enforcement to assist workers in combating wage theft, prevent unfair competition, and protect state revenue.
On March 7, 2024, City Council adopted Resolution No. 2024-057, authorizing the City Attorney or Designee to apply for and accept the Workers’ Rights Enforcement Grant and empowers the City Attorney to investigate and prosecute employer wage theft that has occurred within the City of Fresno.
The City Attorney’s Office applied for and was awarded $720,000 of the Workers’ Rights Enforcement Grant on May 16, 2024, to be utilized toward staff salaries and benefits for the period of August 1, 2024 through July 31, 2025. On June 20, 2024, City Council allocated $720,000 to the City Attorney’s Office to implement a wage theft enforcement program for the City of Fresno.
The City’s wage theft enforcement program will protect workers from wage thefts and other exploitative practices in the workplace and incentivize legal compliance by employers.
The expansion of the Litigation Unit in the City Attorney’s Office by hiring one full-time Senior Deputy City Attorney; one full -time Deputy City Attorney; two full-time City Attorney Investigators; one full-time Paralegal; and one full-time Legal Secretary is necessary to investigate and prosecute the widespread wage theft in the City of Fresno.
There is no requirement to meet and confer with bargaining units over this PAR amendment as this is only increasing the number of employees in existing classifications.
ENVIRONMENTAL FINDINGS
This is not a “project” for the purposes of the California Environmental Quality Act (“CEQA”) Guidelines Section 15378 and is therefore exempt from the CEQA requirements.
LOCAL PREFERENCE
Local preference is not implicated because this item does not involve public contracting or bidding with the City of Fresno.
FISCAL IMPACT
The addition of one Senior Deputy City Attorney; one Deputy City Attorney; two City Attorney Investigators; one Paralegal; and one Legal Secretary will not result in increased salary and benefit expenses in Fiscal Year 2025, as there is sufficient funding within the City Attorney’s Office’s budget as appropriated in the Fiscal Year 2025 Annual Appropriation Resolution.
Upon completion of the grant period as proscribed under the grant, any employees achieving permanent status will remain permanent employees under the Fresno Municipal Code and these positions will be re-allocated to the general fund during the appropriate budget year.
Attachment:
First Amendment to the Position Authorization Resolution (“PAR”) No. 2024-121