[FY 2024 Budget Workshop: Legal]
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ARTURO MICHELLE AND STAFF ANALYST MARY BE TORRES, WHO WILL NOW PROVIDE THE LEGAL DEPARTMENT BUDGET.UH, THANK YOU, COUNCIL MEMBER.
UH, I WANNA FIRST BEGIN BY THANKING COUNSEL.
YOU HAVE MADE US BETTER LAWYERS, UH, WITH YOUR, YOUR QUESTIONS, YOUR REQUESTS, AND, UH, WE NEVER HAVE TO COMPLAIN ABOUT CLIENT ENGAGEMENT, WHICH IS A GOOD THING FOR US.
UM, I ALSO WANNA GIVE A SPECIAL THANKS TO THE FINANCE DEPARTMENT, UH, EVEN THOUGH YOU'VE MADE US BETTER LAWYERS, THE ACHILLES HEEL OF LAWYERS AS THEY THINK THEY KNOW AND CAN DO EVERYTHING BETTER THAN ANYONE ELSE.
AND AS YOUR SUSPICIONS ARE RIGHT, THAT'S NOT TRUE.
AND ALTHOUGH WE UNDERSTAND NUMBERS, THIS WOULD'VE BEEN IMPOSSIBLE WITHOUT MARIVALE AND HER ENTIRE TEAM HERE.
SO WE HAD, WE GIVE A BIG THANKS TO THE FINANCE DEPARTMENT, UH, AND IN PARTICULAR THIS YEAR WITH, UH, THE DIFFERENT FOCUS AND HOW, AND HOW WE'RE LOOKING AT BUDGET, I THINK HAS ALIGNED VERY WELL WITH WHAT, UM, WE'RE DOING IN THE, UH, LAST YEAR OF THE MAYOR'S TERM.
UH, LAST YEAR, I ASKED THE SECTION CHIEFS AND THE FIRST ASSISTANTS TO, UH, LET'S GET A LIST OF THE MAYOR'S PRIORITIES AND LET'S FIND OUT WHAT PROJECTS THAT WE HAVE.
AND SEVERAL OF THESE ARE WORLD ALSO COUNCIL PRIORITIES, AND LET'S MAKE SURE THAT WE ARE DEVOTING ALL THE ATTENTION THAT'S NEEDED AND THAT WE'RE PUTTING SUFFICIENT RESOURCES INTO THAT.
AND SO MY EXPECTATION WAS THAT THEY TELL ME IF RESOURCES WERE LACKING OR IF WE NEEDED TO GO INTO A DIFFERENT DIRECTION TO DO THAT.
SO I THINK THE BUDGETING PROCESS THIS YEAR, UH, DOVETAILS WERE, WE ARE, UH, I DON'T KNOW WHAT IF WE'RE ON ANY SLIDES OR WHETHER WE ACTUALLY NEED ANY SLIDES HERE, BUT, UH, IS IT UP ANYWHERE? YEAH.
I THINK YOU CAN SKIP A COUPLE TO GO TO THE DEPARTMENT ORGANIZATION CHART RIGHT THERE.
THAT'S OUR, OUR, UH, AND FEEL FREE TO SKIP HOWEVER MANY YOU NEED.
THIS IS OUR, UH, ORGANIZATIONAL CHART.
UH, UH, IT'S, UH, EVEN THOUGH IT'S, IT'S VERTICAL RATHER THAN HORIZONTAL, IT'S A FAIRLY STANDARD ONE.
WE HAVE THE TRADITIONAL SECTIONS.
UM, WE HAVE ADDED, UH, A COUPLE FIRST ASSISTANT POSITIONS, WHICH WAS REALLY PROMOTIONS OF EXISTING SECTION CHIEFS.
AND I THINK THAT HAS BEEN IMPORTANT FOR US BECAUSE ALL OF OUR LAWYERS ARE WORKING LAWYERS, YOU KNOW, THE PEOPLE WHO HAD THE SECTIONS HANDLE THEIR OWN MATTERS, THEIR OWN CASELOAD THEMSELVES, THE FIRST ASSISTANTS TO ALSO, I THINK HAVING A COUPLE MORE FIRST ASSISTANTS TO HELP IN A COUPLE AREAS HELPS DIFFUSE THE MANAGEMENT WORKLOAD THAT ALLOWS US TO, ALL OF US TO REMAIN AS WORKING LAWYERS.
UH, LET'S GO TO THE NEXT SLIDE.
THE, THIS IS THE, UH, STRATEGIC GUIDANCE ALIGNMENT.
UH, AS YOU CAN SEE IN THE UPPER LEFT, SOME FINANCIAL MANAGEMENT, WE ARE A SUPPORT DEPARTMENT.
UH, AND THESE ARE SEVERAL OF OUR TRADITIONAL, UH, AREAS IN WHICH WE'VE ALWAYS OPERATED.
AND THEY'RE, THEY'RE RESPONSIVE.
YOU KNOW, WE DO BRING LAWSUITS, EVEN THOSE AT THE INITIATIVE OF A, OF THE MAYOR OR COUNCIL OR DEPARTMENTS.
BUT FOR THE MOST PART, WE'RE RESPONSIVE LABORS LIKE THAT, FOR EXAMPLE, TORTS AND CIVIL RIGHTS CLAIMS AND SUBROGATION CONTRACTS ARE REQUESTS BY THE VARIOUS DEPARTMENTS OR, OR FROM COUNCIL OR FROM THE MAYOR.
AND SO THE IMPORTANT THING FOR US HERE IS TO MAKE SURE WE UNDER ANTICIPATE WHAT THE NEEDS WILL BE AND MAKE SURE THAT WE'RE STAFFING IT PROPERLY, BUT ALSO VERY EFFICIENTLY, BECAUSE THERE'S NEVER, UH, THERE'S, THERE'S VERY LITTLE LEEWAY, UH, ON THESE THINGS.
WE, THERE ARE PARTICULAR DEPARTMENTS THAT WE HAVE TORTS AND CIVIL RIGHTS CONTRACTS COME TO MIND, THAT THE LOSS OF A LAWYER WHO MAY GO ON TO ANOTHER OPPORTUNITY CAN PUT US IN A BIND.
SO WE TRY TO STAFF THESE AS EFFICIENTLY, UH, AS POSSIBLE.
UM, PUBLIC SAFETY, UH, WE HAVE A PUBLIC SAFETY COMPONENT IN, IN WHAT WE DO.
AND I'M NOT TALKING ABOUT YOUR TRADITIONAL POLICE AND FIRE, BUT WE HAVE MUNICIPAL PROSECUTION THAT HAS BECOME VERY IMPORTANT IN AREAS.
PEOPLE OFTEN THINK OF THAT SIMPLY AS, UH, TRAFFIC VIOLATIONS, BUT WE HAVE ENVIRONMENTAL ISSUES.
WE HAVE THE NOISE ORDINANCE, YOU KNOW, WE HAVE, WE HAVE THE OUTDOOR FESTIVAL.
THOSE WILL BECOME IMPORTANT IN HOW WE PROSECUTE THAT.
WE HAVE, UH, NEIGHBORHOOD SERVICES, WHICH, UH, I THINK EVERY COUNCIL MEMBER IS INTIMATELY FAMILIAR WITH, WITH THE CHAPTER 1 25 ISSUES.
UM, THEY'RE COMING FORTH, UH, NEXT WEEK WITH THE BYOB ORDINANCE FOR AFTER HOURS, CLUBS, UH, DEED RESTRICTIONS, THINGS OF THAT NATURE.
UH, THAT'S AN IMPORTANT FOCUS OF THE CITY.
AND THEN THE OFFICE OF INSPECTOR GENERAL, UM, HAS ADDED IN THE, THE LAST COUPLE YEARS, THE,
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THE OPRAH PEOPLE, UH, ASHLEY CAMPBELL, UH, CRYSTAL LAQUA FOUR, WHO'VE TAKEN A BIG ROLE, NOT ONLY IN THE POLICE REFORM ASPECTS, BUT THAT, UH, MORPHED SOMEWHAT INTO ALSO THE ONE SAFE HOUSTON.AND THEY HAVE BEEN VERY ACTIVE IN BEING OUT IN THE COMMUNITY, TALKING TO COMMUNITY TO RELIGIOUS GROUPS, EXPLAINING WHAT THIS INITIATIVE IS, UH, THE, THE DIFFERENT PROGRAMS. AND WHAT'S VERY IMPORTANT HERE IS, IS THAT THEY CRUNCH THE DATA, THEY CRUNCH THE DATA FOR THE MAYOR'S OFFICE SO THAT THE PUBLIC CAN SEE WHAT IS OCCURRING ON POLICE REFORM AND CRIME IN HOUSTON, UH, COMPLETE COMMUNITIES.
UH, THAT'S BEEN ANOTHER BIG FOCUS.
AND REAL ESTATE PLAYS A LARGE ROLE IN THAT.
UH, NOT ONLY IN, IN THE CONTRACTS AND THE ACQUISITIONS REGARDING PARKS, BUT ALSO, UH, PROJECTS SUCH AS, UH, SOLAR FARMS. AND THAT HAS BECOME VERY IMPORTANT.
AND WE'RE EXPECTING, UH, THOSE, SO THE SOLAR FARM TO COME TO FRUITION, UH, BEFORE TOO LONG, A LITTLE LATER THIS YEAR.
AND AT THE BOTTOM LEFT, YOU'LL SEE THE ALIGNED INITIATIVES THAT WE HAVE.
AND THIS DOVETAILS WITH WHAT WE DETERMINED WERE THE, WERE THE PRIORITIES OF THE ADMINISTRATION.
YOU HAVE, THE POLICE ARE FORMED THAT I'VE TOUCHED ON ALREADY, ILLEGAL DUMPING, UH, WHICH IN PART IS THE, UH, UH, TITLE VI COMPLAINT INVESTIGATION BY THE DEPARTMENT OF JUSTICE.
IT CAME AS A RESULT OF COMPLAINTS BY, UH, TEXAS LONE STAR.
BUT, UH, ALSO THERE HAVE BEEN OTHER ILLEGAL DUMPING ISSUES.
THERE HAVE BEEN, THERE'S BEEN, UH, HUD INQUIRIES INTO, UH, WHAT WE DO.
UH, AND I THINK WHAT YOU'VE SEEN IN ILLEGAL DUMPING IS THAT THE MAYOR'S, UH, ONE CLEAN HOUSTON PROGRAM HAS CAUGHT THE EYE OF THE JUSTICE DEPARTMENT.
AND WE'RE THINKING THAT THAT PROGRAM AND A COUPLE OTHER INITIATIVES ARE, WE, WE THINK WE'RE WELL ON OUR WAY TO BE ABLE TO USE THAT TO RESOLVE THE DOJ INVESTIGATION IN A WAY WHERE THE CITY WILL NOT BE ADMITTING, UH, LIABILITY.
THERE'LL BE SAFEGUARDS IN PLACE AND, AND A PROGRAM THAT SHOULD CONTINUE, UH, IN THE IMMEDIATE FUTURE.
UH, SO THAT HAS BEEN A VERY POSITIVE RESULT.
UM, WE HAVE NOT ONLY THE, YOU KNOW, THE RELOCATION, UH, OF THE FEEDING FROM THE LIBRARY TO, TO THE MUNICIPAL COURTS, BUT WE'VE ALSO HAD SEVERAL, UM, TARGETED APPROACHES.
MARK EICHENBAUM, I KNOW HAS, HAS APPROACHED COUNCIL COMMITTEES BEFORE AND HAS SPOKEN VERY ELOQUENTLY ABOUT THE STEPS, UH, HOUSTON HAS TAKEN AND HOW IT HAS BECOME A NATIONAL LEADER IN THIS REGARD.
AND IT ALSO INVOLVES, UH, OUR CONTRACTS AND OUR REAL ESTATE PEOPLE BECAUSE, UH, UH, BECAUSE OF MATTERS SUCH AS THE NAVIGATION CENTER THAT, THAT RECENTLY CAME TO FRUITION NOT TOO LONG AGO.
SINGLE FAMILY HOUSING KEEPS, UH, OUR REAL ESTATE PEOPLE VERY BUSY, YOU KNOW, EVER SINCE HARVEY, AND REALLY BEFORE THERE'S QUITE A BIT GOING ON.
WE HAVE WEEKLY MEETINGS, UH, WITH, UH, WITH THE HOUSING DEPARTMENT TO ENSURE THAT, UH, UH, THAT THINGS DO NOT FALL THROUGH THE CRACK, AND WE'RE THERE TO SUPPORT AS OFTEN AS POSSIBLE.
UH, AND THEN THERE'S A, UH, THERE'S A CHART JUST TO THE RIGHT THERE THAT SHOWS THE DEPARTMENT, UH, UH, BUDGET BY, BY DIFFERENT PRIORITIES.
AND REALLY IT'S, THE BULK OF IT IS, IS REALLY THE BREAD AND BUTTER OF THE VARIOUS SECTIONS IN THE WORK THAT THEY DO.
AND THE, UH, FOR, FOR THE CITY.
UH, IF YOU CAN GO TO THE NEXT SLIDE, THIS IS, UM, EXPENDITURES BY PROGRAMS. AND AS YOU CAN SEE, IF YOU LOOK AT THE LEFT COLUMN, THE PROGRAMS ARE REALLY VERY MUCH MIRROR HERE.
UM, THE, THE, THE DIFFERENT SECTIONS THAT WE HAVE AND, AND WHAT THEY DO.
AND YOU SEE TO THE RIGHT, YOU SEE THE PROPOSED BUDGET AND THE VARIANCE THAT WE HAVE, UH, FROM THE DIFFERENT YEARS.
AND BY AND LARGE, ANY DIFFERENCES IN VARIANCES ARE DUE TO THE WAY WE ARE BUDGETING THIS YEAR, WHERE, ALTHOUGH IT, IT SOMETIMES WILL TRACK THE SECTIONS, THE FOCUS REALLY IS THE PROGRAMS NOW.
AND SO SOMETIMES THOSE PROGRAMS WILL, UM, UH, WILL CHANGE FROM WHAT HAD FOR HOW WE HAD BUDGETED FOR A SECTION BEFORE.
SO THAT EXPLAINS THE, UM, THE DIFFERENCES, YOU KNOW, BOTH OF THE, THE JUMPS, UH, TO THE RIGHT AND THE NEGATIVES.
FOR EXAMPLE, O-I-O-I-G WAS NOT, UH, IS NOW PART OF PROPERTY AND CASUALTY, WHICH IT WASN'T BEFORE.
SO THAT EXPLAINS AT THE JUMP AT THE BOTTOM, IF WE CAN GO TO THE, FOLLOW THE NEXT SLIDE, THE ADMINISTRATIVE SERVICES SLIDE.
THIS IS GONNA BREAK DOWN, AND WE'RE GONNA BEGIN BY GOING THROUGH THE VARIOUS, YOU KNOW, THE, THE, THE VARIOUS PROGRAMS, WHICH ARE OFTEN RELATE TO THE, THE DIFFERENT SECTIONS.
BUT ADMINISTRATIVE SERVICES IS REALLY, AS I SAID, WE'RE A SUPPORT DEPARTMENT.
THE, THESE ARE THE UNITS WITHIN THE DEPARTMENT THAT SUPPORT OUR LAWYERS.
IN TERMS OF WHAT THEY DO, THEY INCLUDE THE IT SUPPORT, THE, THE, THE, THE, THE CASE SUPPORT OPENING THE FILES.
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HANDLE SEVERAL SUBPOENAS.CITY EMPLOYEES ARE OFTEN SUBPOENAED.
UH, PROCUREMENT, UH, IS ANOTHER ASPECT THAT WE PROVIDE SUPPORT IN.
LITIGATION, AS YOU ALL KNOW, HAS SEVERAL COMPONENTS OF, UH, OF SUPPORT.
AND THAT'S INCLUDED WITHIN, UH, THIS CATEGORY HERE.
UH, YOU CAN SEE THAT THESE ARE GENERAL FUND EXPENDITURES AND THE PERFORMANCE MEASURES THAT YOU'LL SEE AT THE BOTTOM THERE.
WE, WE LOOKED AT WHAT WE HAD DONE IN THE PAST.
WE WERE TRYING TO ANTICIPATE, YOU KNOW, WHAT SHIFT THERE WOULD BE IN THE FUTURE.
AND SO WE, WE HAVE PERFORMANCE MEASURES SUCH AS THE NUMBER OF E-DISCOVERY MATTERS THAT ARE BEING HANDLED.
AND E-DISCOVERY, IT BECOMES BOTH, UH, MORE, UH, COMPLEX AREA AND A MORE NECESSARY AREA FOR ALL LAWYERS AS TIME GOES ON.
SO WE HAVE INCREASED OUR EMPHASIS ON THAT, THE FUNDS WE PUT IN FOR THE TOOLS THAT WE USE.
AND SO HERE, YOU KNOW, OUR TARGET IS MEASURING, YOU KNOW, THE NUMBER OF, OF CASE FILES THAT WE'RE HANDLING.
YOU KNOW, THIS, WE WILL LOOK AT THIS AND MEET OUR NEEDS.
BUT, UH, THERE'S, THERE'S NO, UH, LAW FIRM OR LAW DEPARTMENT THAT CAN OPERATE WITHOUT HAVING A STRONG HANDLE ON E-DISCOVERY THESE DAYS.
UM, YOU KNOW, THE NUMBER OF SUBPOENAS THAT ARE ASSIGNED, YOU KNOW, HANDLING THAT IS EXTREMELY IMPORTANT IN OUR TORT SECTION, WHICH IS ONE OF OUR MOST OVERWORKED SECTION.
A NUMBER OF THE CITY EMPLOYEES ARE SUBPOENAED IN THESE, UH, IN, IN THE VARIOUS TORT CASES AND ALSO THE CIVIL RIGHTS CASES THAT WE HAVE.
AND THEN I THINK WE TRANSPOSED THE, THE TARGET CONTEXT HERE ON THESE TWO.
BUT, UM, SO TORTS AND CIVIL RIGHTS, IT'S THE NUMBER OF CASES THAT WERE OPEN.
AND WE HAVE A TREMENDOUS NUMBER, UH, OF CASES.
OUR, UH, TORTS ATTORNEYS ROUTINELY HAVE HANDLE 60 PLUS CASES AT A TIME, AND THAT'S QUITE A BIT WHEN YOU LOOK AT DISCOVERY AND EVERYTHING, UH, THAT'S GOING ON.
SO THE ABILITY TO BE ABLE TO TRACK THIS, TO MANAGE IT IS VERY IMPORTANT.
UM, IF YOU COULD GO TO THE NEXT SLIDE, PLEASE, WHICH IS CLAIMS AND SUBROGATION.
UM, YOU'LL PROBABLY SEE RANDY ZAMORA SITTING IN THE BACK, AND HE'S PROBABLY THE, YOU KNOW, THE PERSON WHO, WHO HEADS THIS GROUP.
AND HE, HE, HE'S DONE A VERY GOOD JOB IN THIS, IN MANAGING THE NUMBER OF CASES.
UH, YOU KNOW, HE HAS THE ABILITY TO SPEAK TO PEOPLE AND ANGRY PEOPLE WHO HAVE CLAIMS AND FIND A WAY TO EITHER GET THEM RESOLVED OR MAKE THEM UNDERSTAND WHAT'S HAPPENED.
AND HE HAS ALWAYS KEPT A VERY TIGHT CONTROL OVER THE DOLLARS.
YOU CAN SEE THAT THE, THE, THIS IS PRIMARILY PROPERTY AND CASUAL FUND, BUT THERE IS A WORKERS' COMPENSATION FUND COMPONENT TO THIS.
AND YOU'LL SEE IN THE MEASURES, WHAT WE'VE TRIED TO DO HERE AT THE BO AT THE BOTTOM IS TO LOOK AT A, YOU KNOW, WHAT OUR VOLUME IS, A NUMBER OF, UM, LIABILITY CLAIMS THAT HAVE GONE THROUGH.
TWO, HOW MANY ARE WE ABLE TO CLOSE WITHOUT PAYING OUT ANY DAMAGES? AND HOW MANY ARE WE ABLE TO CLOSE WITHOUT GOING TO LITIGATION? BECAUSE TO THE EXTENT, UM, THE PIPELINE STOPS HERE, IT MEANS OUR LITIGATORS HAVE MORE TIME TO HANDLE THOSE 60 PLUS CASES THAT THEY'RE DOING.
SO WHAT THIS GROUP DOES IS VERY IMPORTANT, AND WE'RE TRYING TO MEASURE THEIR ABILITY TO, TO OPERATE IN THOSE THREE AREAS CONTRACTS, UM, WHICH IS A, UM, UH, A GENERAL FUND IS THE OTHER AREA.
I'VE MENTIONED THAT IT GETS VERY OVERWHELMED.
THE LOSS OF A LAWYER CAN REALLY SET US BACK HERE.
WE HAVE A TREMENDOUS NUMBER OF CONTRACTS THAT COME THROUGH FROM ALL OF THE DEPARTMENTS, UH, AND MANY TIMES THERE A LOT OF WORK THAT THEY HAVE TO DO LATE AT NIGHT, BECAUSE AS, AS WITH ANY NEGOTIATION IS WITH ANY TRANSACTION, THINGS COME UP AT THE LAST SECOND.
AND IN ORDER TO GET IT ON THE AGENDA, THEY HAVE TO PUT IN THE TIME AND THE EFFORT TO GET THAT DONE.
UH, THIS IS, UH, ALSO A GENERAL FUND.
AND WHEN YOU LOOK AT THE, UM, THE MEASURES THEY HAVE HERE, THEY'RE LOOKING AT THE NUMBER OF, UH, OF CONTRACTS THAT THEY'RE HANDLING.
THEY OFFER OPINIONS TO, UH, FINANCE, STRATEGIC PURCHASING, UH, ON, UH, ON PROCUREMENT.
AND THEN THERE ARE CERTAIN, OR A NUMBER OF ORDINANCES RELATED TO CONTRACTS.
AS YOU KNOW, WE ADOPT OUR CONTRACTS VIA ORDINANCE.
SO THEY HAVE ALL OF THAT ON THEIR PLATE, AND WE'RE TRYING TO TARGET, YOU KNOW, THEIR SUCCESS IN, IN THE VOLUME IN WHICH THEY HANDLE THAT.
THE NEXT, UM, UH, SLIDE IS GENERAL COUNSEL, AND, YOU KNOW, GENERAL, OUR GENERAL COUNSEL LAWYERS HAVE PROBABLY THE MOST VARIED OF ALL DUTIES.
THEY HAVE EVERYTHING THAT'S, THAT'S PURELY GOVERNMENTAL AND THINGS SUCH AS UTILITY REGULATION, FRANCHISING, UH, AVALOR TAXES, PUBLIC FINANCE, YOU KNOW, IN ADDITION TO YOUR, UM, SUNSHINE LAWS THAT THEY HANDLE.
UH, THIS, THIS IS ALSO ANOTHER GENERAL FUND CATEGORY, AND WHAT WE'RE TRYING TO MEASURE HERE IS HOW QUICKLY THEY CAN DO LEGAL REVIEWS.
WHAT YOU SEE ON THE PAGE HERE HAS TO DO FOR, FOR, UH, COUNCIL DISTRICT SERVICE FUNDS, AND IT ALSO HAS TO DO WITH REQUESTS FOR LEGAL OPINIONS ON CONFLICTS OR ETHICS.
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UM, THE THIRD MEASURE, THE ONE IN THE MIDDLE, HAS TO DO WITH THE TPIA AND HOW QUICKLY THAT, THAT WE CAN RESPOND TO THAT.YOU KNOW, WE'D LIKE TO BE ABLE TO DO A HUNDRED PERCENT ON THESE, ON OUR, OUR, UM, LEGAL REVIEWS AND OUR OPINIONS, SOMETIMES, DEPENDING ON THE ISSUE, IT'S A LITTLE COMPLEX AND WE CAN'T QUITE MEET THAT WITH TPIA.
THERE'S SOME SITUATIONS WHERE SOMETIMES THE INFORMATION DOESN'T COME THROUGH AND WE CAN'T TIMELY, UH, ASSERT AN, AN EXCEPTION, BUT WE LOOK FOR VARIOUS EXCEPTIONS, WE CAN NOT ALL OF 'EM ARE WAIVED.
AND SO THE GOAL IS ALWAYS TO TRY TO IMPROVE, UH, ON OUR PERFORMANCE IN THESE AREAS.
UM, GENERAL LITIGATION, WHICH IS THE NEXT SLIDE, IS THIS INVOLVES BOTH DEFENDING THE CITY IN VARIOUS TYPES OF CLAIMS, CON BREACH OF CONTRACT, COPYRIGHT, THINGS OF THAT NATURE.
BUT WE'RE ALSO PLAINTIFFS IN CERTAIN CASES, YOU KNOW, IN OUR CONSTRUCTION, YOU KNOW, WE SUE IF WE BELIEVE WE'VE NOT GOTTEN THE QUALITY OR THE, THE TIMELINESS THAT WE NEED ON SOMETHING.
UM, AND THIS IS A, THESE, WHAT WE PAY OUT IN THIS, UH, TYPICALLY WILL COME FROM PROPERTY AND CASUALTY FUND.
AND IN TERMS OF MEASURING, UH, A LOT OF THIS HAS TO DO WITH THE VOLUME OF WHAT WE CAN DO.
UH, WE'RE LOOKING AT OUR, UH, APPELLATE BRIEFS.
YOU KNOW, THE APPELLATE AREA HAS BECOME A VERY IMPORTANT AREA FOR US TO SUCCEED IN.
YOU KNOW, IT ALLOWS US TO PREVAIL AND TORT CLAIMS. WE HAVE HAD, UM, SUCCESS IN CERTAIN CONSTRUCTION CLAIMS IN THE MILLIONS OF DOLLARS BECAUSE WE'VE CONVINCED THE APPELLATE COURTS THAT OUR PLEA OF THE JURISDICTION ON IMMUNITY SHOULD BE GRANTED OR, OR SOME OTHER ASPECT OF THE LAW.
UH, CONDEMNATION LAWSUITS IS SOMETHING THAT WE OFTEN HAVE TO ACCELERATE IN ORDER TO DO, BECAUSE THE PROPERTY'S NEEDED BY PUBLIC WORKS, FOR EXAMPLE, WE HAVE TO MOVE FORWARD QUICKLY SO THAT WE CAN PAY THE MONEY IN THE REGISTRY AND THEN CONTINUE TO LITIGATE IF WE'RE TAKING ISSUE WITH THE VALUATION.
UM, SO THESE ARE THE MEASURES.
AND THEN WE ALSO HAVE THE, THE PUBLIC CONVENIENCE AND NECESSITY ORDINANCES.
SO GENERAL LIT IS MUCH LIKE OUR OTHER LITIGATION.
THEY, THEY TEND TO BE OVER ONE.
THEY HAVE A LOT ON THEIR PLATE.
WE'RE TRYING TO MAKE SURE WE CAN MEASURE THIS AND AT THE SAME TIME, SEE WHAT AREAS ARE CHANGING AND SHIFTING SO WE CAN PUT THE, THE APPROPRIATE RESOURCES IN THOSE AREAS OF THE HIGHEST PRIORITY IN OUR LABOR AND EMPLOYMENT SECTION.
THIS IS ANOTHER PROPERTY AND CASUALTY FUND.
IF YOU LOOK AT THE, UH, IF YOU LOOK AT THE PERFORMANCE MEASURES AT THE BOTTOM, YOU KNOW, ONE THING THAT YOU WILL SEE THAT WAS A LITTLE DIFFERENT FROM THE FIRST TIME I SERVED A CITY ATTORNEY IS THAT WE SEE LESS LAWSUITS THAN BEFORE, BUT THERE'S BEEN AN INCREASE IN THE ADMINISTRATIVE PROCEEDINGS AND INDEFINITE SUSPENSION IN SUSPENSIONS.
AND SO THAT IS, UH, YOU KNOW, WE SPENT A LOT OF TIME IN THAT, AND OF, OF COURSE, THEY'RE WORKED UP VERY SIMILAR TO A LAWSUIT, JUST THEY'RE MORE COMPRESSED IN TIME.
AND SO WE'RE MEASURING THE, THE NUMBER WHERE THAT WE'RE PROCESSING, AND, AND THE SAME WAY WITH ALSO WITH THE EOC CLAIMS, THAT THAT CAN OFTEN LEAD TO LITIGATION.
I IS ANOTHER ISSUE, PARTICULARLY IN THE PUBLIC SAFETY ARENA THAT BECOMES, UH, IMPORTANT AND IS HOTLY CONTESTED.
SO THE NUMBER THAT WE'RE ABLE TO DO IS ANOTHER PERFORMANCE MEASURE THAT WE'RE TRACKING.
UM, MUNICIPAL PROSECUTION, WHICH IS THE FOLLOWING SLIDE, IS A, IS A GENERAL FUND.
AND AS I SAID BEFORE, THIS HAS BECOME INCREASINGLY IMPORTANT, UH, IN A LOT OF COMMUNITY OF INTEREST IN AREAS OTHER THAN TRAFFIC VIOLATIONS.
YOU KNOW, THE ORDINANCES THAT WE HAVE FOR QUALITY OF LIFE.
HOW EFFECTIVE ARE WE IN TERMS OF BEING ABLE TO BRING THESE PROSECUTIONS AND, AND CHANGE BEHAVIOR, UH, BY DOING THAT? AND SO IF YOU LOOK AT OUR PERFORMANCE MEASURES HERE, WE ARE LOOKING AT THE, UH, JUST SIMPLY THE NUMBER OF OF ADJUDICATIONS THAT WE HAVE.
WE HAVE A NUMBER OF DISCOVERY REQUESTS BECAUSE OUR MUNICIPAL COURTS ARE CRIMINAL IN NATURE.
AND, AND, AND THERE'S A CERTAIN LIMITED SHORTENED PERIOD OF TIME IN WHICH TO PROVIDE, UH, DISCOVERY.
AND THEN, UH, WE DO A NUMBER OF TRAININGS TO THE VARIOUS ENFORCEMENT ARMS OF THE OTHER DEPARTMENTS, YOU KNOW, SO THAT THEY WILL UNDERSTAND WHAT IS GOING TO BE, WHAT IS GOING TO GET A CONVICTION AND WHAT WON'T.
AND THAT MAKES NOT ONLY, UH, OUR JOB MORE EFFICIENT, BUT IT MAKES, UH, DEPARTMENT OF NEIGHBORHOODS, UM, AND, UH, PUBLIC WORKS AND OTHER, UH, DEPARTMENTS THAT HAVE ENFORCEMENT ARMS THAT MUCH MORE EFFECTIVE IN WHAT THEY DO.
SO WE'RE TRACKING, UH, THAT IN TERMS OF TRAININGS, YOU KNOW, AND WE'RE, WE'RE WILLING TO PROVIDE THE TRAININGS THAT ARE REQUIRED FOR THIS, BUT I THINK THAT'S AN A COMPONENT THAT WHEN PEOPLE ARE BUSY, THEY TEND TO LOSE TRACK OF.
BUT IF YOU CAN TRAIN, YOU'RE GONNA BECOME MUCH MORE EFFICIENT.
UH, NEIGHBORHOOD SERVICES, ANOTHER, UH, GENERAL FUND.
AND THEY, THEY, THEY DO THE DANGEROUS BUILDINGS AND THE EMERGENCY REVIEWS
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FOR THAT.THEY DO THE DEED RESTRICTION ENFORCEMENT, THEY DO THE NUISANCE LAWSUITS.
SO WE'RE, WE LOOKED AT THE NUMBER OF, OF WHAT IS EXPECTED, WHAT WE BELIEVE THAT WE CAN HANDLE EFFICIENTLY, AND THAT'S THE MEASUREMENT OF, OF, OF WHAT WE WANT TO DO.
AND, UH, THIS IS AN AREA IN WHICH EFFICIENCY IS VERY IMPORTANT BECAUSE THE LEGAL DEPARTMENT, IT'S NOT SOMETHING THAT'S JUST HANDED TO THE LEGAL DEPARTMENT.
THE, UH, UH, THE NEIGHBORHOOD SERVICES HAS TO WORK WITH OTHER DEPARTMENTS.
HPD, FOR EXAMPLE, WITH CHA CHAPTER 25, UH, YOU KNOW, UH, WE HAVE THE NOISE ORDINANCE, WE HAVE VARIOUS OTHER ISSUES THAT COME UP.
AND SO I KNOW THIS IS VERY IMPORTANT TO A NUMBER OF NEIGHBORHOODS.
WHEN I HAVE SPOKEN TO NEIGHBORHOODS, IT IS OFTEN THE NEIGHBORHOOD SERVICES, UH, ACTIVITY THAT THEY'RE INTERESTED IN AND THEY WANNA TALK ABOUT.
THEN WE HAVE THE OFFICE OF, UH, INSPECTOR GENERAL.
AND THIS IS, UH, THE, YOU KNOW, ONE OF THE CHANGES HERE IS THAT THIS IS NOW PART OF THE PROPERTY AND CASUALTY FUND, IN ADDITION TO THE GENERAL FUND.
AND, UH, YOU KNOW, OOIG HAS ALWAYS BEEN THOUGHT OF AS A CERTAIN COMPLAINTS.
THEY'RE INVESTIGATED BY THE, THIS ARM OF THE LEGAL DEPARTMENT, AND A DETERMINATION OF BOTH, BOTH, BOTH FACTUAL AND LEGAL IS MADE, AND IT'S PROVIDED TO THE DEPARTMENT AND TO THE MAYOR IN TERMS OF WHETHER THERE'S BEEN A VIOLATION OF ANY, UH, LAW.
AND THEN IT'S A, IT BECOMES THEN THE MANAGEMENT ISSUE AS WHAT SHOULD BE DONE IF THERE IS A VIOLATION TO BE FOUND.
BUT IN, BUT MANY OF THESE, UH, INVOLVE FRAUD THINGS IN THE NATURE OF FRAUD AND WASTE.
AND NOW THAT WE HAVE THE OFFICE OF POLICE REFORM AND ACCOUNTABILITY AS PART OF THIS, THEN WE HAVE ADDITIONAL ACTIVITY, WHICH INCLUDES COMMUNITY OUTREACH.
AND SO THESE ARE THE MEASURES, THE, THE, THE NUM, THE NUMBER OF CASES THAT WE HAVE, UH, THE OUTREACH THAT WE HAVE, UH, ON THE OPRAH END, AND THEN THE NUMBER OF INVESTIGATIONS IN THE AREAS THAT REALLY, UH, CUT AGAINST THE EFFICIENCY OF GOVERNMENT, YOU KNOW, AND FRAUD AND WASTE, UH, AND THEN THE WELLBEING OF GOVERNMENT, THE DISCRIMINATION AND RETALIATION CASES.
THE NEXT SLIDE WE HAVE IS REAL ESTATE.
AND, UH, THIS IS, UH, A, A GENERAL FUND REAL ESTATE HAS BEEN PARTICULARLY ACTIVE IN THE HOUSING AND COMMUNITY DEVELOPMENT AREA.
YOU KNOW, WE HAVE SOME VERY TALENTED LAWYERS WHO WORK IN THAT AREA, AND THEY, THEY ARE ASKED TO DEAL WITH QUITE A FEW ISSUES, NOT ONLY THE, THE DAY-TO-DAY, THE BREAD AND BUTTER OF TRANSACTIONS, BUT THE INVESTIGATIONS OR THE COMPLAINTS THAT ARE LODGED AGAINST THE CITY OF HOUSTON IN TERMS OF HOW IT'S BEEN OPERATING ITS PROGRAM.
SO THEY HAVE BEEN VERY BUSY IN THAT AREA.
AND SO WE'RE TRYING TO MEASURE THE NUMBER OF, UM, HOMELESS AND SINGLE FAMILY HOUSING INITIATIVE AGREEMENTS THAT WE HAVE, THE NUMBER OF REAL ESTATE TRANSACTIONS THAT WE'RE DOING, AND THEN THE DEVELOPMENT RELATED, UM, EASEMENT DEDICATIONS THAT OCCUR.
UH, AND, UH, WHAT I'VE SEEN THAT THIS, THIS GROUP HAS DONE, IT'S, IT HAS THE ABILITY REALLY TO KEEP UP WITH THINGS THAT NEED TO GET ON THE AGENDA.
AND AS I SAID BEFORE, WHEN THINGS GO AWRY OR A LITTLE OUT OF PLACE, THEY'VE BEEN VERY SUCCESSFUL IN BEING ABLE TO PULL THE TRANSACTION BACK TOGETHER AND GET IT TIMELY BEFORE COUNCIL.
UM, TORTS AND CIVIL RIGHTS, WHICH IS A LITTLE MAINLY PROPERTY AND CASUALTY THERE, THERE WE JUST HAVE A LARGE NUMBER OF TORT CLAIMS, AND INCREASINGLY A NUMBER OF CIVIL RIGHTS CLAIMS, WHETHER YOU HAVE IT FROM, YOU KNOW, EXCESSIVE FORCE CLAIMS, WHETHER YOU HAVE CONSTITUTIONAL CLAIMS RELATING TO THE HOMELESS, UH, OTHER GATHERINGS OR PROTESTS OF THAT NATURE.
YOU HAVE THESE CIVIL RIGHTS CA CASES.
AND, UH, WE HAVE HAD A NUMBER OF SUCCESSES, YOU KNOW, IN THIS PAST YEAR IN DEFENDING A NUMBER OF, UH, TORT CLAIMS AND SETTING NEW FAVORABLE MUNICIPAL LAW ON IMMUNITY ISSUES, UM, DEFENDING, UM, MANY OF THE, UH, OF THE PROTEST CASES THAT CAME UP.
UM, AND THEN ALSO THE, UM, ISSUES RELATING TO THE CONSTITUTIONALITY, FOR EXAMPLE, OF, OF HOUSING, I MEAN, OF, OF, OF THE HOMELESS IN THE HOMELESS ARENA.
SO WHAT WE'RE LOOKING TO DO HERE IS TO REALLY TAKE A LOOK AT HOW WELL WE'VE BEEN ABLE TO HANDLE THESE NUMBER OF CASES.
WE'RE TRYING TO MEASURE THE VOLUME, WHAT WE'RE LOOKING AT, THE NUMBER OF CASES THAT WE'VE BEEN SETTLE SETTLING, AND I THINK THOSE TWO ARE, ARE THE MAIN TRACKERS THAT WE HAVE TO HAVE JUST SIMPLY BECAUSE OF THE RISE IN LAWSUITS IN THESE TWO AREAS, AND TORTS AND CIVIL RIGHTS.
UM, IF YOU LOOK AT THE FOLLOWING SLIDE ON, ON PAGE 17, WE HAVE A BREAKDOWN OF OUR EXPENDITURES, UH, BY FUND.
[00:25:01]
YOU CAN SEE THERE'S, UH, THE, THE SMALLEST COMPONENT IS THE WORKERS' COMP FUND, AND THEN WE HAVE THE GENERAL FUND AND THE PROPERTY AND AND CASUALTY FUND.AND THE, THE DIFFERENCES ARE, HAVE BEEN TYPICAL IN MY EXPERIENCE.
YOU KNOW, PROPERTY AND CASUALTY IS ALWAYS FUNDED TO A GREATER DEGREE BECAUSE WE HAVE TO BE PREPARED, UM, TO PAY OUT MONIES THAT, THAT, UH, THAT, THAT WERE ORDERED TO DO.
SO IN LITIGATION, UH, LUCKILY WE, WE HAVE ALWAYS KEPT THAT LOW, BUT WE HAVE ALWAYS MADE SURE WE HAVE BUDGETED ENOUGH TO BE ABLE AND HAD ENOUGH IN THERE TO BE ABLE TO PAY THESE.
AND SO AT WORKERS' COMP IS A MUCH SMALLER AMOUNT.
UM, BUT, UH, THE, WHAT YOU SEE IN THIS FOR THE, FOR THE NEXT FY YEAR IS THE, THERE'S A OVERALL INCREASE OF 1 MILLION THAT IS PRIMARILY EMPLOYEE COMPENSATION AND RESTRICTED ACCOUNTS, AND THAT ACCOUNTS FOR THE, MAINLY FOR THE CHANGE THERE.
THE FOLLOWING SLIDE 17 BREAKS DOWN THE BETWEEN THE DIFFERENT FUNDS, WHAT IS, UM, ON PERSONNEL, AND YOU'LL SEE IN THE WORKERS' COMP AND THE GENERAL FUND, MOST OF THE MONIES GO TO PERSONNEL.
THE LAW IS A LABOR INTENSIVE, UH, UH, WORK.
PROPERTY AND CASUALTY IS DIFFERENT BECAUSE THAT'S, UH, MORE OF THE FUNDS THERE REFLECT, UH, WHAT, WHAT THE CITY EXPANDS IN TERMS OF, UH, SETTLEMENTS AND JUDGEMENTS.
THE NEXT SLIDE, THE REVENUE BY, BY PROGRAM IS, UH, YOU KNOW, THIS IS A LITTLE DIFFICULT OF A SLIDE TO UNDER UNDERSTAND, BECAUSE YOU IMMEDIATELY THINK WHAT HAPPENS IN THESE AREAS AND WHERE ARE THE REVENUE SOURCES, BUT THIS WILL INCLUDE CHARGEBACK EXPENSES, YOU KNOW, TO OTHER DEPARTMENTS FOR LEGAL SERVICES AND MISCELLANEOUS REVENUES.
SO THIS ONE IS A LITTLE DIFFICULT UNLESS YOU GET INTO THE WEEDS TO JUST UNDERSTAND AT A GLANCE, BUT IT IS OUR, UH, SLIDE WE HAVE ALWAYS PROVIDED, UH, TO COUNCIL.
THEN THE REVENUE BY FUND IS SLIDE NUMBER 20.
UM, AND YOU'LL SEE HERE THE, UH, YOU KNOW, THE, THE DIFFERENT, THE DIFFERENT FUNDS AND THE CHANGE IN BETWEEN THE FY 23 BUDGET YEAR AND THE ESTIMATE AND THE PROPOSED, AND IT, FRANKLY, THERE HASN'T BEEN THAT MUCH CHANGE.
THE FOLLOWING SLIDE, THE REVENUE HIGHLIGHTS, UH, IS KIND OF A SUMMARY OF A COUPLE ITEMS THAT I'VE TOUCHED ON.
THE GENERAL FUND REVENUES ARE PRIMARILY COMPRISED OF RECAPTURE OF SALARIES OF PERSONNEL DEDICATED TO A SPECIFIC DEPARTMENT, YOU KNOW, AND, AND PARTICULARLY WITH THE ENTERPRISE FUNDS, YOU KNOW, WITH PUBLIC WORKS AND WITH AIRPORT, YOU KNOW, THEY, THERE ARE, WE HAVE DEDICATED LAWYERS THAT ARE FUNDED BY THOSE DEPARTMENTS FOR THE VARIOUS ACTIVITIES THEY DO.
AND IT'S NOT ONLY, FOR EXAMPLE, UM, PUBLIC WORKS IS NOT JUST SIMPLY CONTRACTS, BUT YOU KNOW, IT, IT IS ALSO CERTAIN, UH, FOR EXAMPLE, TORTS BECAUSE THEY HAVE VEHICLES, THEY HAVE A NUMBER OF ACCIDENTS, AND SO THAT, YOU KNOW, WE HANDLE MORE, WE HANDLE A NUMBER OF TORT CASES FOR THEM, AND THEN THE PROPERTY AND CASUALTY REVENUES MATCH THE EXPENDITURES OF THE FUNDS.
THAT'S HOW, UH, THAT'S HOW THAT IS, HOW THIS IS ALWAYS LINED UP.
AND THAT BRINGS ME TO THE END OF MY MAIN PRESENTATION, SO I STAND READY FOR ANY QUESTIONS YOU MIGHT HAVE.
WELL, THANK YOU ATTORNEY MICHELLE, AND YOUR ENTIRE TEAM AND STAFF, UH, FOR ALL OF YOUR HARD WORK AND HELPING PUT TOGETHER, UH, THIS YEAR'S BUDGET PRESENTATION.
I HAVE, I HAVE A COUPLE QUESTIONS.
UM, WHAT'S YOUR TAKE ON THEIR, UH, POSSIBLY BEING A CULTURE OF RELUCTANCE TO TRY NEW TACTICS BASED ON THE POSSIBILITY OF, OF BEING THE CITY BEING SUED? DO YOU, DO YOU SENSE THAT WHEN, WHEN IT COMES TO DEPARTMENTS, WHEN THERE NEW IDEAS OF, OF POLICY, NEW IDEAS OF STRATEGY ON HOW TO CHANGE OUR CURRENT PROCEDURES BASED ON, HEY, IF WE DO THAT, WE MAY GET SUED, SO LET'S NOT LOOK TO DO IT.
OR IS THERE, DO YOU BELIEVE A CULTURE WITHIN THE LEGAL DEPARTMENT TO SAY, YOU KNOW, WE MAY GET SUED, BUT WE'RE GONNA TRY IT ANYWAY.
WHAT, WHAT'S YOUR TAKE ON THAT? WELL, I, I WOULD SAY THAT IT, I THINK THE NORM IN GOVERNMENT, UH, BECAUSE IF YOU DO SOMETHING THAT'S DIFFERENT OR, OR, OR A CHANGE, UNLIKE THE PRIVATE SECTOR, YOU'RE NOT GONNA GET REWARDED FINANCIALLY, AND YOU MIGHT GET IN BIG TROUBLE IF YOU'RE WRONG, YOU KNOW? SO THAT'S SORT OF THE, SO WHERE YOU BEGIN.
WITH THAT BEING SAID, I DO THINK THAT OUR LAWYERS ARE, ARE VERY, THEY'RE HERE BECAUSE THEY LIKE THE AREAS OF LAW THEY PRACTICE IN, AND THEY'RE VERY EXCITED ABOUT WHAT THEY DO.
[00:30:01]
AND ONE OF THE THINGS I'VE SEEN WITH THE FIRST ASSISTANCE IS THEY KNOW THE, THE SECTIONS THEY WORK WITH VERY WELL, THEY'VE COME UP THROUGH THE RANKS THERE, AND THEY'RE VERY EXCITED ABOUT, UH, NEW, UM, NEW AVENUES IN WHICH TO DO TO TRY TO ACHIEVE WHAT'S HAPPENING.YOU KNOW, I, I TELL THEM THAT, UM, IT IS A VERY GOOD THING THAT WE HAVE ELECTED OFFICIALS BECAUSE THEY WANT TO PUSH THE ENVELOPE, AND WE ARE HERE TO SEE HOW WELL THEY CAN DO THAT.
AND I REALLY THINK THAT THE PEOPLE HERE, LIKE NIJA, LIKE RANDY, LIKE RAF, HAVE DONE A REALLY GOOD JOB OF BEING ABLE TO WORK THROUGH THE ISSUES AND FIND THE BEST WAY TO DO THAT.
BUT I DO THINK YOU BEGIN WITH A CULTURE WHERE PEOPLE ARE HESITANT.
UM, DO WE RECEIVE A LOT OF FRIVOLOUS LAWSUITS TO WHERE IT TAKES UP, UH, CAPACITY AND, UH, AND, AND FEES THAT WE HAVE TO RESPOND TO? WHAT WOULD BE FRIVOLOUS LAWSUITS THAT JUST COME INTO THE CITY? I THINK THERE ARE A NUMBER OF THAT.
I MEAN, I THINK, I, I, I THINK IF YOU LOOK AT FRIVOLOUS IN TERMS OF, IF YOU WERE TO LOOK AT THE PLEADINGS, YOU WOULD SAY, THEY CAN'T WIN HERE, IT'S GONNA BE DISMISSED.
WOULD A COURT CONSIDER IT FRIVOLOUS? THAT'S A MUCH HIGHER STANDARD TO SHOW, BUT I DO THINK WE HAVE A NUMBER OF CASES THAT WE KNOW WE'RE ABLE TO DISPOSE OF.
AND DO WE HAVE NORMAL FILING FEES, LIKE OTHER LAW FIRMS, WHEN WE FILE A CASE OR RESPOND TO CASES ON, ON CERTAIN MOTIONS AND PLEADINGS, DO WE HAVE TO PAY THE SAME AMOUNT OF FILING FEES AS A TRADITIONAL LAW FIRM? YES.
FIRST IN THE QUEUE IS, UH, COUNCIL MEMBER CAYMAN, YOU GOT THE BACK TO BACK LAWYERS, UH, CITY ATTORNEY.
FIRST OFF, I JUST WANNA THANK YOU AND YOUR TEAM, UH, FROM YOU COMING IN, UH, AND IN MY OPINION, DOING AN OUTSTANDING JOB TO ALL OF THE PEOPLE, UM, THAT CONTINUE TO SERVE THE CITY, WHETHER IT'S CAROLYN, THE DEIDRE'S, RANDY, SIA, I'M GONNA GET IN TROUBLE FOR NOT SAYING NAMES, BUT WE ENGAGE WITH YOU ALL A LOT AND REALLY APPRECIATE THE TYPE AND LEVEL OF, UM, LEGAL SERVICE THAT YOU PROVIDE TO OUR DISTRICT AND THE CITY.
CONGRATULATIONS ON WHAT LOOKS TO BE JUST A DEAD ON BETWEEN YOUR FY 23 BUDGET AND ESTIMATE.
UM, I, I THINK THIS IS PROBABLY THE CLOSEST WE'VE SEEN OF ANY DEPARTMENT, SO I, I JUST WANTED TO ACKNOWLEDGE THAT, UM, YOU HAVE BEEN INVOLVED AND YOUR TEAM HAS BEEN VERY INVOLVED, NOT ONLY IN WORKING WITH OUR OFFICES AND THE MAYOR, UH, AND ENGAGING AT THE STATE LEVEL THROUGH THE CITY'S PRIORITIES, BUT, UH, MY QUESTION RELATES TO THE POTENTIAL IMPACT AND COST OF LEGISLATION THAT MAY BE PASSED, UM, INCLUDING LEGISLATION THAT WOULD PROHIBIT THE CITY FROM, UH, RECOUPING, UH, LEGAL FEES, RIGHT? NOT EVEN MAKING A, A, A PROFIT RIGHT IN CIVIL, BUT JUST BASIC RECOUPMENT OF LEGAL COSTS.
WHEN WE NEED TO CHALLENGE SOMETHING IN COURT, WHETHER IT'S AT THE STATE LEVEL OR AS IT RELATES TO DEFENDING AN ORDINANCE AND THINGS OF THAT NATURE, CAN YOU SPEAK TO ONE THE RISK WITH THAT, THE CONCERN AND HAVE WE LIKE WHAT THAT COST MAY BE IF THAT LEGISLATION IS PASSED, AND ARE WE IN ANY WAY FACTORING THAT IN, OR WOULD THAT BE A HUGE HIT TO, UH, THIS UPCOMING BUDGET IF PASSED? IT WOULD PROBABLY REQUIRE A CHANGE TO THE BUDGET.
WE'VE BEEN FOLLOWING THE LEGISLATION VERY CLOSELY.
EVEN SOMETHING LIKE THE SUPER PREEMPTION BILL, FOR EXAMPLE, IS, IS GOING BACK TO COMMITTEES.
SO THERE MAY BE SOME CHANGES TO SEE HOW ULTIMATELY THAT COMES OUT, BUT THERE COULD BE, UH, UH, AND THEN THE NEXT STEP WOULD BE ONCE YOU HAVE THAT FINAL LEGISLATION, YOU WOULD LOOK AT FOR SUPER PREEMPTION, THE NUMBER OF CODES THAT ARE BEING AFFECTED, AND WHAT, WHICH OF OUR ORDINANCES THAT WE HAVE ON THE BOOKS OR ARE CONSIDERING COULD ARGUABLY BE CONSIDERED TO BE PREEMPTED BY THAT CODE.
AND THEN, YOU KNOW WHAT, THE CHALLENGE TO THAT WOULD BE, YOU KNOW, THEN IT WOULD BE AN ISSUE IS, YOU KNOW, WHAT HAPPENS THE WAY IT'S, IT'S, IT'S DRAFTED RIGHT NOW, AT LEAST IN SOME VERSION, YOU COULD EASILY HAVE A, UM, YOU COULD EASILY BE CHALLENGE.
WE, THE CITY COULD BE CHALLENGED IMMEDIATELY ON SEVERAL FRONTS FOR SEVERAL OF ITS ORDINANCES ON THE BOOKS.
SO WE, IT IS A, UH, IT IS A POTENTIAL COST THAT WE HAVE NOT BEEN ABLE TO CALCULATE YET, BUT SHOULD IT PASS, IT WOULD BE, DO WE EXPECT, WOULD WE SUSPECT THAT TO BE A SUBSTANTIAL COST TO THE CITY? I, I THINK IT WOULD BE SUBSTANTIAL, AND IT WOULD PROBABLY NOT BE BEFORE THE SUMMER THAT WE COULD HAVE AT LEAST AN APPROXIMATION OF IT.
UM, UH, TO POINTS YOU RAISED COUNCIL
[00:35:01]
MEMBER POLLARD, I WANT TO SAY, UM, HOW MUCH I REALLY APPRECIATE WHAT I HAVE EXPERIENCED IN WORKING WITH THE LEGAL DEPARTMENT REGARDING AN OPENNESS TO NEW IDEAS AND CREATIVITY.THANK YOU SO MUCH FOR WORKING WITH ME AND, UM, TO YOU AND YOUR WHOLE TEAM, BECAUSE IT'S BEEN A, IT'S, IT'S BEEN PRETTY BROAD.
UM, BUT, YOU KNOW, TO, TO NAVIGATE THROUGH SOME TRICKY STUFF, I'M, I'M VERY GRATEFUL FOR THAT.
THERE'S, YOU KNOW, WHAT YOU TOUCH AND YOU KNOW, WHAT YOU MANAGE IS, IS, IS HUGE.
AND, AND I, UM, DON'T INTERACT WITH YOU ON ALL THESE THINGS, BUT WHAT, WHAT I HAVE WORKED WITH, WITH THE LEGAL DEPARTMENT ON, I'VE BEEN VERY PLEASED.
THANK YOU ALL VERY MUCH, UH, AGAIN, TO YOUR ENTIRE STAFF AND YOUR TEAM, UH, FOR ALWAYS BEING RESPONSIVE.
UH, IT'S TOUGH TO BE A LAWYER.
UH, YOU'RE EITHER ON THE RIGHT SIDE OR THE WRONG SIDE, EVEN THOUGH YOU ALWAYS THINK YOU'RE ON THE RIGHT SIDE.
UH, AND SHOUT OUT TO MY MAN, RANDY, IN THE BACK, UH, WHO, WHO, UM, ALWAYS TAKES UP THE SLACK WHENEVER YOU'RE NOT AROUND AS WELL.
UH, ARTURO DOES A GREAT JOB OF KEEPING US ABREAST OF EVERYTHING THAT WE NEED HERE AS COUNCIL.
AND, UH, UH, WE DEPEND ON YOU ALL FOR A LOT.
AND SO THANK YOU VERY MUCH FOR ALL THAT YOU DO, AND YOU MAY BE DISMISSED.
THE FIRST IS SABA BLANDING, AND I THINK WE'RE ALL EXCITED ABOUT THAT BYOB COMING NEXT WEEK.
SO ATTORNEY, I THANK YOU FOR ALL YOUR HELP ON THAT, MS. BLANDING.
WELL, I THINK THIS APPLIES MORE TO THE COUNCIL MEMBERS.
UM, WHAT DO YOU ENVISION USING OPIOID, THE OPIOID, THE OPIOID SETTLEMENT MONEY FOR? REPEAT YOUR QUESTION ONE MORE TIME, PLEASE.
WHAT DO YOU ENVISION USING, UM, THE OPIOID SETTLEMENT MONEY FOR? I HAVE NO CLUE, BUT, UH, IF YOU WANT TO SUBMIT THAT, MAYBE THAT, THAT'LL PROBABLY BE AN ADMIN ADMINISTRATION, UH, QUESTION AND HOW THE MAYOR WANTS TO, IF, IF THERE IS A, A CERTAIN AMOUNT OF MONEY THAT COMES IN BASED ON THAT LITIGATION ON WHAT HIS, HIS VISION ENDS FOR THAT MONEY.
BUT IT WOULD, IN MY OPINION, BE GOING TO THE GENERAL FUND.
AND THEN FROM THERE, UH, HE WILL PUT FORTH, UH, HE WILL PUT FORTH, UM, HIS VISION ON WHERE HE WOULD LIKE TO ALLOCATE THOSE DOLLARS.
AND WE, AS COUNSEL WILL LOOK AT THAT.
DO ANY COUNCIL MEMBERS HAVE ANY AMENDMENTS YOU'RE LOOKING TO PUT FORWARD ON THAT? OKAY.
OH, I GOT, I GOT AN UPDATE FOR YOU REAL QUICK.
SO THE OPIOID MONEY, UH, THAT COMES IN IS GOING TO BE LIMITED TO, UM, ADDRESSING THAT PARTICULAR ISSUE.
SO IT WOULD BE REFUNDED BACK INTO, UH, A STRATEGY RELATED TO THAT.
UM, AND THEN, UH, I KNOW THIS IS A DEPARTMENT QUESTION, UM, BUT I'M GONNA SUBMIT, SUBMIT A QUESTION, UM, ASKING, UM, THAT, UH, YOU PROVIDE A LIST OF THE LAWSUITS REFERENCED ON PAGE 30 THAT INVOLVED HPD, BUT JUST WANTED TO SHARE THAT IF ANYONE HAS AN ANSWER, IF YOU WANT TO, YEAH, SEND THAT OVER TO YOUR AT LARGE MEMBERS, WE'LL UPLOAD IT AND GET YOUR ANSWER.
EVERYONE HAVE A GOOD AFTERNOON.
BEFORE WE ADJOURN, PLEASE NOTE THAT THE BUDGET WORKSHOPS WILL CONTINUE ON MONDAY, MAY 22ND, CONTINUING THROUGH THURSDAY, MAY 25TH.
REMINDER TO COUNCIL MEMBERS TO BE CHECKING SHAREPOINT FOR UPLOADED PRESENTATIONS, AS WELL AS RESPONSES FOR ANY QUESTIONS SUBMITTED.
THANK YOU ALL FOR BEING HERE TODAY, AND WE ARE ADJOURNED.