Cost Per Attorney for In-House City Attorney’s Offices in Southern California

By Michael Reiter, Attorney at Law

Here is another chart comparing the various in-house City Attorney’s Offices in Southern California.  This time, the comparison is the cost per attorney.  This is the number arrived at by dividing the 2011-2012 budget (or the latest available budget) by the number of in-house attorneys.  This is not the true cost per attorney, because the budget includes such things as supplies, investigators, secretaries, and paralegals.  El Centro and Hawthorne have incredible numbers, that if true, show a very tight ship indeed.  Newport Beach’s ratio is high because it includes the outside counsel budget.  The City of Riverside spends more than $56,000 less per attorney, a number that could be attributable to the City Attorney investigators used in San Bernardino.  Oxnard and Oceanside, which are the two cities I think are most analogous to the City of San Bernardino as far as legal problems, demographics and size, are underspending San Bernardino by about $35,000 and $47,000 per attorney.  A closer examination of the differences between the offices is in order before drawing more conclusions.

City Name # Attorneys 2011-’12 Budget $/Attorney
San Bernardino County
San Bernardino 10 $3,026,000* $302,600
Redlands 1 $429,237* $429,237
Riverside County
Moreno Valley 3 $910,535* $303,512
Riverside 14 $3,451,041 $246,502
Los Angeles County
Burbank 11 $3,614,447 $328,586
Compton 4 Not Online Unknown
Culver City 4 $1,779,809 $444,952
Glendale 13 $3,720,156* $286,165
Hawthorne 3.6** $551,447 $153,179
Inglewood 10** $2,342,133** $234,213
Long Beach 22 $8,585,107 $390,232
Long Beach City Prosecutor 17 $4,824,978* $283,822
Los Angeles 444 $94,950,894* $213,853
Palmdale 2 $3,988,760 $1,994,380
Pasadena 20 $6,467,000* $323,350
Redondo Beach 6 $2,496,915* $416,152
Santa Monica 24.5 $8,672331* $353,972
Torrance 6 $2,160,322* $360,054
Orange
Anaheim 23 $5,592,143 $243,137
Huntington Beach 7 $2,311,624* $330,232
Newport Beach 5.7 $2,298,563.87*** $403,256
Orange 4 $1,411,049* $352,762
Santa Ana 8.5 $2,081,395* $244,870
Ventura County
Oxnard 5 $1,336,917* $267,383
Simi Valley  4 $983,400* $245,850
Thousand Oaks 4 $1,564,032* $391,008
Ventura 4 $1,711,112 $427,778
San Diego County
Carlsbad 4 $1,336,460* $334,115
Chula Vista 8 $2,271,182 $283,898
Escondido 7 $1,873,925 $267,703
National City 2.5 $703,760 $281,504
Oceanside 6 $1,535,860 $255,977
San Diego 147 $42,442,992* $288,728
Vista 3 $1,011,603 $337,201
Imperial
El Centro 3** $588,772** $196,257
* 2011-2012 Proposed
** 2010-2011 Adopted
*** Includes Outside Counsel budget

The City of Palmdale’s City Attorney’s Office bares more scrutiny.  Looking back at it, it has a category of “operating expenses” without a detailed break-out of what that entails.  However, even if it includes outside counsel (like Newport Beach), the number seems high.  Perhaps litigation reserves are included in the City Attorney’s budget?  The City’s budget gives the personnel expenditures of $822,060.  That includes two lawyers, and 4.16 positions in total.  The price per attorney for just salaries, wages, and similar would be $411,030 per attorney, still higher than the average.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 300 E. State St. #517
Redlands, CA 92373-5235
T: (909) 296-6708

Ratio of Attorneys to Population in In-House City Attorney’s Offices in Southern California

By Michael Reiter, Attorney at Law

Continuing my series on In-House City Attorney’s Offices in Southern California, here is a new set of data comparing the Attorneys to population in City Attorney’s Offices.

City Name Pop. (2011 est.) # Attorneys Atty/Population Ratio
San Bernardino 211,076 10 21,108
Redlands 69,231 1 69,231
Riverside County
Moreno Valley 195,216 3 65,072
Riverside 306,779 14 21,913
Los Angeles County
Burbank 104,304 11 9,482
Compton 96,925 4 24,231
Culver City 38,973 4 9,743
Glendale 192,473 13 14,805
Hawthorne 84,854 3.6** 23,571
Inglewood 110,028 10** 11,003
Long Beach 463,894 22 11,894
Long Beach City Prosecutor Included Above 17 Included Above
Los Angeles 3,810,129 444 8,581
Palmdale 153,334 2 76,667
Pasadena 138,915 20 6,946
Redondo Beach 66,970 6 11,162
Santa Monica 90,174 24.5 3,681
Torrance 145,927 6 24,321
Orange
Anaheim 341,034 23 14,828
Huntington Beach 190,377 7 27,196
Newport Beach 85,376 5.7 14,978
Orange 136,995 4 34,249
Santa Ana 325,228 8.5 38,262
Ventura County
Oxnard 199,722 5 39,944
Simi Valley  125,026 4 31,257
Thousand Oaks 127,557 4 31,899
Ventura 107,124 4 26,781
San Diego County
Carlsbad 106,555 4 26,639
Chula Vista 246,496 8 30,812
Escondido 145,196 7 26,774
National City 58,785 2.5 23,514
Oceanside 168,173 6 28,029
San Diego 1,311,882 147 8,924
Vista 94,431 3 31,477
Imperial
El Centro 43,145 3** 14,382
* 2011-2012 Proposed
** 2010-2011 Adopted

Not surprisingly, the ratio is usually lowest in cities that prosecute state law misdemeanors and in large cities.  For example, Anaheim has a ratio of one attorney per 14,828  in population.  Los Angeles has one attorney per 8,851 people.  San Diego, the State of California’s second largest city, has a similar ratio, one city attorney per 8,924 people.  Palmdale, Redlands, and Moreno Valley have the highest ratios.

What does the data mean?   The average in Southern California is one attorney per 20,000 population. I think in some cases, it means that some cities are richer than other cities.  I think Santa Monica is certainly in this category, with one attorney per 3,861 in population.  In other cases, it may mean that some cities are overweight.  In researching this data, I found, for example, that El Centro was considering eliminating its in-house City Attorney’s Office.  The City of Oxnard looks like it could use another attorney, but these are fiscally trying times.

One caveat is that the cities are not equal.  The number of attorneys includes attorneys in cities that prosecute state law misdemeanors.  Also, full service cities should be expected to need more help then non-full service cities.  That explains Palmdale and Moreno Valley a little, but Moreno Valley cut a vacant position in 2010, also skewing the ratio.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 300 E. State St. Suite 517

Redlands CA 92373-5235
T: (909) 708-6055

An Abbreviated Version of the Chart of In-House City Attorney’s Offices in Southern California

By Michael Reiter, Attorney at Law

Usually WordPress is a very reliable platform, but in this case, it did not like the chart that I created to illustrate my earlier post.  Here is a more readable post without information about each City’s City Attorney:

City Name Pop. (2011 est.) City Form Charter or General Law Full Service? Elected/Appointed # Attorneys 2011-’12 Budget Prosecute State Law Misdemeanors?
San Bernardino County
San Bernardino 211,076 Charter Y E 10 $3,026,000* No
Redlands 69,231 General Law Y A 1 $429,237* No
Riverside County
Moreno Valley 195,216 General Law N A 3 $910,535* No
Riverside 306,779 Charter Y A 14 $3,451,041 No
Los Angeles County
Burbank 104,304 Charter Y A 11 $3,614,447 Yes
Compton 96,925 Charter N E 4 Not Online No
Culver City 38,973 Charter Y A 4 $1,779,809 No
Glendale 192,473 Charter Y A 13 $3720156* No
Hawthorne 84,854 General Law N A 3.6** $551,447 Yes
Inglewood 110,028 Charter N A 10** $2,342,133** Yes
Long Beach 463,894 Charter Y E 22 $8,585,107 No
Long Beach City Prosecutor Included Above Charter Y E 17 $4,824,978* Yes
Los Angeles 3,810,129 Charter Y E 444 $94,950,894* Yes
Palmdale 153,334 Charter N A 2 $3,988,760 No
Pasadena 138,915 Charter Y A 20 $6,467,000* Yes
Redondo Beach 66,970 Charter Y E 6 $2,496,915* Yes
Santa Monica 90,174 Charter Y A 24.5 $8,672331* Yes
Torrance 145,927 Charter Y A 6 $2,160,322* Yes
Orange
Anaheim 341,034 Charter Y A 23 $5,592,143 Yes
Huntington Beach 190,377 Charter Y E 7 $2,311,624* Some
Newport Beach 85,376 Charter Y A 5.7 $2,298,563.87*** No
Orange 136,995 General Law Y A 4 $1,411,049* No
Santa Ana 325,228 Charter Y A 8.5 $2,081,395* No
Ventura County
Oxnard 199,722 General Law Y A 5 $1,336,917* No
Simi Valley  125,026 General Law N A 4 $983,400* No
Thousand Oaks 127,557 General Law N A 4 $1,564,032* No
Ventura 107,124 Charter Y A 4 $1,711,112 No
San Diego County
Carlsbad 106,555 Charter Y A 4 $1,336,460* No
Chula Vista 246,496 Charter Y E 8 $2,271,182 No
Escondido 145,196 General Law Y A 7 $1,873,925 No
National City 58,785 General Law Y A 2.5 $703,760 No
Oceanside 168,173 Charter Y A 6 $1,535,860 No
San Diego 1,311,882 Charter Y E 147 $42,442,992* Yes
Vista 94,431 Charter N A 3 $1,011,603 No
Imperial
El Centro 43,145 Charter Y A 3** $588,772** No
* 2011-2012 Proposed
** 2010-2011 Adopted
*** Includes Outside Counsel budget

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 300 E. State St. Suite 517

     Redlands CA 92373-5235
T: (909) 708-6055

In-House City Attorney’s Offices in Southern California

By Michael Reiter, Attorney at Law

I was recently speaking to an investigative journalist about in-house versus contract City Attorneys.   The journalist asked me if there were a list of in-house City Attorney’s Offices in California.   Upon review, there does not appear to be a list, though the League of California Cities does keep a list of all City/Town Attorneys in California.  So, I created  a list of in-house City Attorney’s Offices in Southern California:

City Name Pop. (2011 est.) City Form Full Service Elected/Appointed Name of City Attorney Tenure # Attorneys 2011-’12 Budget Prosecute State Law Misdemeanors?
San Bernardino County
San Bernardino 211,076 Charter Yes Elected James F. Penman 1987 10 $3,026,000* No
Redlands 69,231 General Law Yes Appointed Daniel J. McHugh 1994 1 $429,237* No
Riverside County
Moreno Valley 195,216 General Law No Appointed Robert Hansen 2010 3 $910,535* No
Riverside 306,779 Charter Yes Appointed Gregory Priamos 2001 14 $3,451,041 No
Los Angeles County
Burbank 104,304 Charter Yes Appointed Dennis Barlow 1997 11 $3,614,447 Yes
Compton 96,925 Charter No Elected Craig J. Cornwell 2008 4 Not Online No
Culver City 38,973 Charter Yes Appointed Carol Schwab 1997 4 $1,779,809 No
Glendale 192,473 Charter Yes Appointed Scott H. Howard 1990 13 $3720156* No
Hawthorne 84,854 General Law No Appointed Russell I. Miyahira 2009 3.6** $551,447 Yes
Inglewood 110,028 Charter No Appointed Cal P. Saunders 2006 10** $2,342,133** Yes
Long Beach 463,894 Charter Yes Elected Robert E. Shannon 1998 22 $8,585,107 No
Long Beach City Prosecutor Included Above Charter Yes Elected Doug Haubert 2010 17 $4,824,978* Yes
Los Angeles 3,810,129 Charter Yes Elected Carmen Trutanich 2009 444 $94,950,894* Yes
Palmdale 153,334 Charter No Appointed Wm. Matthew Ditzhazy 1994 2 $3,988,760 No
Pasadena 138,915 Charter Yes Appointed Michele Beal Bagneris 1997 20 $6,467,000* Yes
Redondo Beach 66,970 Charter Yes Elected Michael W. Webb 2005 6 $2,496,915* Yes
Santa Monica 90,174 Charter Yes Appointed Marsha Jones Moutrie 1993 24.5 $8,672331* Yes
Torrance 145,927 Charter Yes Appointed John L. Fellowes III 1993 6 $2,160,322* Yes
Orange
Anaheim 341,034 Charter Yes Appointed Cristina Talley 2009 23 $5,592,143 Yes
Huntington Beach 190,377 Charter Yes Elected Jennifer McGrath 2002 7 $2,311,624* Some
Newport Beach 85,376 Charter Yes Appointed David R. Hunt 2008 5.7 $2,298,563.87*** No
Orange 136,995 General Law Yes Appointed David A. DeBerry 4 $1,411,049* No
Santa Ana 325,228 Charter Yes Appointed Joe Straka 2011 8.5 $2,081,395* No
Ventura County
Oxnard 199,722 General Law Yes Appointed Alan Holmberg 2008 5 $1,336,917* No
Simi Valley  125,026 General Law No Appointed Tracy M. Noonan 2009 4 $983,400* No
Thousand Oaks 127,557 General Law No Appointed Amy Albano 4 $1,564,032* No
Ventura 107,124 Charter Yes Appointed Ariel P. Calonne 2007 4 $1,711,112 No
San Diego County
Carlsbad 106,555 Charter Yes Appointed Ronald R. Ball 4 $1,336,460* No
Chula Vista 246,496 Charter Yes Elected Glen R. Googins 2010 8 $2,271,182 No
Escondido 145,196 General Law Yes Appointed Jeffrey R. Epp 1996 7 $1,873,925 No
National City 58,785 General Law Yes Appointed Claudia Silva 2010 2.5 $703,760 No
Oceanside 168,173 Charter Yes Appointed John P. Mullen 2006 6 $1,535,860 No
San Diego 1,311,882 Charter Yes Elected Jan Goldsmith 2008 147 $42,442,992* Yes
Vista 94,431 Charter No Appointed Darold Pieper 2005 3 $1,011,603 No
Imperial
El Centro 43,145 Charter Yes Appointed Luis F. Hernandez 2008 3** $588,772** No
* 2011-2012 Proposed
** 2010-2011 Adopted
*** Includes Outside Counsel budget

I define Southern California in this case as Imperial, San Diego, Orange, Riverside, San Bernardino, Los Angeles and Ventura Counties.

It can be difficult to directly compare cities and City Attorney’s Offices directly.  The difficulty is that different cities use different accounting.  For example, Newport Beach places the outside counsel directly in its budget.  Some cities use a Risk Management/liability account to pay for outside counsel.  Other differences are whether the city prosecutes State law misdemeanors, which increases the size of the budget and the number of attorneys.  One City offset the budget with internal fund transfers.  I just added them together to get the budgeted amount.  Long Beach has both an elected City Attorney and an elected City Prosecutor, which I have listed separately.  The population figures are  the January 2011 estimates from the California Department of Finance.  There  are a variety of definitions of “full service.”  For the purposes of this list, I define “full service” as having both a Fire Department and a Police Department.

I tried to use equivalent data.  However, some cities have not adopted 2011-2012 budgets, so I used the proposed budget if available, and the 2010-2011 Adopted budget if neither the FY 12 adopted or proposed budget was available online.  Also, some full service cities are more full service than others.  For example, Redlands has both an airport and a landfill, while San Bernardino has neither, but San Bernardino is about three times as big as Redlands in population.  Some full service cities do not have any utilities, while others have solid waste, water and electricity.  The coastal cities have harbors and have to deal with the Coastal Commission.  As far as complexity, I would imagine that the City and County of San Francisco as a the only Charter City and County in California, as well as having its own transit system, would be the most complex City in the State.

The data came mostly from the City’s website.  Sometimes, the number of attorneys comes from the City Attorney’s website, sometimes from the adopted or proposed budget, sometimes from the State Bar’s website (though it is more difficult to do than in the past), and the State Controller’s compensation website.  The determination whether the City is a Charter or General Law City comes from the list maintained by the League of California Cities.  The names of City Attorneys comes from an August 2011 list from the City Attorney’s division of the League of California Cities, and checked against the internet.  The year the City Attorneys were appointed or elected came from a variety of internet sources, such as newspaper archives, Google, or the City’s website. I couldn’t find two.  I counted from the initial appointment (including interim appointments).  I derived the data about which cities have in-house City Attorney’s Offices from Google searches cross-checked against the League’s list of City Attorneys.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 300 E. State St. Suite 517
Redlands, CA 92373-5235
T: (909) 708-6055

How South California Can Become One of the United States

By Michael Reiter, Attorney at Law

I will not discuss the merits of the recent discussion of creating “South California” from the southern (minus Los Angeles County and Ventura County) and eastern central California counties.  Here, however, is the legal process for South California to become a state.

“New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.”  United States Constitution, Article IV, Section 3, Clause 1.  Thus, the first step would be for the California Legislature to approve of South California.  Then, Congress would have to approve of South California.

The last time this happened (successfully) was when West Virginia was formed from the northwestern counties of Virginia in 1863.  However, it was during the Civil War, so it wasn’t quite the actual Virginia legislature agreeing to split off a new state:

The people of the northwestern part of the State, who were separated from the eastern part by a succession of mountain ranges and had never received the heresy of secession, refused to acquiesce in what had been thus done, and organized themselves to defend and maintain the Federal Union. The idea of a separate State government soon developed itself; and an organic convention of the State of Virginia, which in June, 1861, organized the State on loyal principles-‘the Pierpont government’-and which new organization was acknowledged by the President and Congress of the United States as the true State government of Virginia-passed August 20th, 1861, an ordinance by which they ordained that a new State be formed and erected out of the territory included within certain boundaries (set forth) including within those boundaries of the proposed new State.  State of Virginia v. State of West Virginia, (1870) 78 U.S. 39, 40.

Congress passed “An Act for the admission of the State of ‘West Virginia’ into the Union, and for other purposes” on December 31, 1862, which President Lincoln issuing a proclamation on April 1863, admitting West Virginia into the Union within 60 days.

The Act Admitting Hawaii, Public Law 86-3, amended federal statutes to change Hawaii from a territory to a state.  Presumably, adding a new state would be more complicated.  In any case, it has been almost 150 years since a state split, and more than 50 years since a new state was added.  The act to admit Hawaii required a plebiscite, presumably Congress could require a popular vote before admitting South California.   The Act Admitting Hawaii also required a presidential proclamation, just like the Act admitting West Virginia. Arguably, the Constitution requires neither a popular vote nor presidential approval, or any executive branch action.

The tricky parts would be stripping out references to the seceding counties in California law.  Presumably, the new state would adopt the laws of California until such time that a new legislature could convene or a new constitutional convention could be held.
The California State Constitution would have to be amended.The boundaries of the State are those stated in the Constitution of 1849 as modified pursuant to statute. Sacramento is the capital of California.”  California Constitution, Art. 3, Sec. 2.

A whole host of California statutes would have to be amended as well, including the Government Code’s definitions of the boundaries of the State of California.

There would also be issues regarding interstate compacts, debts of the State of California, and of course, state water project water.  There would also be issues regarding State of California property, such as the University of California, which has three campuses in the proposed South California.  Needless to say, litigation would ensue.

Though I will not comment on the political merit of the proposal, the name “South California” is terrible.  “South California” does have precedent on its side (North and South Carolina, North and South Dakota, and West Virginia).  However, popularly, this half of the state is called Southern California. Of course, it doesn’t include all of the current Southern California, and decidedly includes counties that are popularly referred to as Central California.  Adding to the confusion are the two Mexican states of  Baja California and Baja California Sur (literally, Lower California, and Lower California South.  Maybe the proposed  new state can be renamed “Alta California” in tribute to the former Mexican territory, and later department.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 1255 W. Colton Ave. Suite 104, Redlands, CA 92374
T: (909) 708-6055