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Department of LawCity Attorney Nina R. Hickson
PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE DEPARTMENTAL OVERVIEW/BUDGETPRESENTATION
Council Member Joyce Sheperd – ChairCouncil Member Dustin Hillis – Vice ChairCouncil Member Carla SmithCouncil Member Andrea L. BooneCouncil Member Cleta WinslowCouncil Member Michael Julian BondCouncil Member Amir Farokhi
QUARTERLY OVERVIEW February 22, 2021
• COVID-19 Pandemic Response Highlights
• Law Staff Accomplishments
• Highlights & Major Matters across Divisions
• Division Accomplishments
• Total Claims and Settlement Payments
oQuarterly Update
oCalendar Year-To-Date Snapshot
• Outside Counsel Report
oNumber of Outsourced Matters
oSpending to Date
Department of Law updates since last report provided to the Public Safety and Legal Administration Committee on November 30, 2020
2
COVID-19 PANDEMIC RESPONSE HIGHLIGHTS
The Department of Law provided the following support in response to the COVID-19 Pandemic:
• Successfully drafted, negotiated and finalized an IGA with Invest Atlanta for the administration and management of a supplemental grant awarded by the US Department of Commerce, Economic Development Authority (“EDA), in support of the Atlanta Cares Revolving Loan Program.
• Drafted and reviewed over 45 contract amendments, task orders and change orders across various matters, including agreements for Coronavirus Relief Funds-supported Programs as needed.
4
COVID-19 PANDEMIC RESPONSE HIGHLIGHTS (cont.)
The Department of Law provided the following support in response to the COVID-19 Pandemic:
• Negotiated and finalized a key agreement on behalf of the Department of Parks and Recreation, procuring services to prepare, transport and serve meals to children participating in the Afterschool Hot Meals transported to 19 recreation centers within the City as authorized by Section 13 of the National School Act and operated under Part 22 of the U.S. Department of Agriculture (USDA) Regulations.
5
Panelist• The Junior League of DeKalb County hosted a symposium titled
“Combating Human Trafficking” on January 30, 2021, where Jessee Dagen-Tillman participated as a panelist. Through her volunteer service with the International Human Trafficking Institute, Jessee was asked to speak because of her involvement in anti-trafficking initiatives for the last 7 years; increasing both community awareness and government involvement with the goal of stopping the demand of labor and sex trafficking in Metro Atlanta and throughout the State of Georgia.
IMLA Committee Membership• Jessee Dagen-Tillman became a member of the IMLA International
Steering Committee. The International Steering Committee serves as a thinktank; bringing together municipal attorneys across Europe, Africa, Asia, Australia and North America to discuss and address the commonalities of representing local governments as well as gain insight into the laws of other countries.
LAW STAFF ACCOMPLISHMENTS
7
GAWL Committee Moderator
• Kareemah Lewis, Chair of the GAWL Public Affairs Committee, moderated a panel entitled “A Call to Action: Women Lawyer Social and Political Engagement in Georgia.”
Super Lawyer Honoree
• Kelli Hooper has been named a Super Lawyer each year since 2016. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. Only 5% of lawyers in Georgia receive this distinction, based on nomination by members of the bar.
LAW STAFF ACCOMPLISHMENTS
8
LITIGATION DIVISION
Sorrow v. City of Atlanta
• Plaintiff brought a 42 U.S.C. § 1983 claim against the City alleging the
City harassed her through unwarranted enforcement of its municipal
code, which allegedly included an unlawful administrative search of
her house in September 2015. The City successfully argued that
because Plaintiff’s sole theory of municipal liability depended on the
conduct of one official with final policymaking authority, and the Court
previously had ruled that the same final policymaker’s conduct did not
result in a violation of Plaintiff’s constitutional rights, the City could
not be liable. The Court granted the City’s Motion for Judgment on the
Pleadings on November 25, 2020.
10
LITIGATION DIVISION (cont.)
Barner v. City of Atlanta, et al.
• Plaintiff sued the City, the Atlanta Police Department, and an
individual police officer for injuries following his interaction with a
police vehicle while crossing behind it. The City successfully argued
the immunity of the defendant police officer, that Plaintiff failed to
show City’s waiver of sovereign immunity, and Plaintiff’s ante litem
notice was insufficient. The Court granted the City’s Motion to
Dismiss with prejudice on December 29, 2020.
11
LITIGATION DIVISION (cont.)
Samuels v. City of Atlanta Department of Watershed
• Plaintiff sued the City’s Watershed Department alleging that the City created “incorrect and false” water meter readings which caused his water bill “to increase by very large amounts.” Plaintiff alleged that he was entitled to $5,000 in damages and $500 in interest. In response to Plaintiff’s Statement of Claim, the City filed a Motion to Dismiss on February 13, 2020, asserting that Plaintiff sued an entity not capable of being sued (Watershed) and failed to provide ante litem notice to the City prior to suit. The City’s Motion was heard on December 3, 2020. Plaintiff failed to appear, and an Order of Dismissal was entered against Plaintiff on the same day.
12
LITIGATION DIVISION (cont.)
13
Williams and Sandige v. City of Atlanta et al.
• Plaintiff filed this case in Fulton County State Court one day before the
statute of limitations ran however, Plaintiff never perfected service on
the City. In the complaint, Plaintiff alleged that he incurred expenses
for injuries in excess of $34,000 after being rear-ended by an APD
Officer. On November 24, 2020, after a hearing before a judge,
Plaintiff was given twenty days to perfect service on the City. Plaintiff
failed to do so. As a result, on December 28, 2020, the case was
dismissed without prejudice (for want of prosecution).
LITIGATION DIVISION (cont.)
14
City of Atlanta v. Baskin et al. (Club Déjà Vu) - Nuisance
• On December 21, 2020, the City filed a Complaint for Injunctive
Relief and Temporary Restraining Order against Club Déjà Vu,
seeking injunctive relief to prohibit the Club from operating in
violation of various City ordinances, including the City's alcohol code,
the City’s building code, operating without the proper permits and
operating as a nuisance. Erika Smith was appointed as a Special City
Attorney in this matter for the limited purpose of seeking injunctive
relief against certain nuisance properties in the City of Atlanta. On
January 28, 2020, a judge heard arguments on the City’s Temporary
Restraining Order. The next day, the judge entered an order granting
the City’s Temporary Injunctive Relief and Restraining Order.
LITIGATION DIVISION (cont.)
15
The Déjà Vu Sports Bar and Lounge, LLC d/b/a The Voo 2 v. City of Atlanta and Mayor Bottoms – License Review
• Plaintiff filed suit challenging Mayor Bottoms’ decision to approve the
fine and suspension of Plaintiff’s alcohol license following the
recommendation of the Licensing Review Board. The City argued that
the case should be dismissed due to Plaintiff’s failure to comply with
multiple aspects of appropriate procedures. The City’s Motion to Dismiss
was heard before the Court on January 28, 2021. The Court granted the
City’s Motion to Dismiss with prejudice on February 2, 2021.
BUSINESS SERVICES DIVISION – CONTRACTS
• Drafted, negotiated and finalized a key Technology Services
Agreement (SP-S-1210191) for the City’s Department of Ethics,
procuring an electronic ethics filing system to be used for annual filing
of legally mandated disclosures and to allow public access and use of
the system to conduct searches of city disclosure forms required by
law.
• Developed a new Legal Services Agreement Template for the
Department of Law that will streamline the procurement of legal
services.
17
The Department of Law provided the following Contracts Legal support
to internal and external Clients:
BUSINESS SERVICES DIVISION – CONTRACTS (cont.)
• Developed and released 4 new Sub-recipient Agreement Templates and an Amendment Template for the Department of Grants and Community Development to transfer regulatory compliance obligations more efficiently regarding HUD entitlement grants, as well as meet City of Atlanta Code requirements.
• Drafted, negotiated and finalized a critical Cooperative Agreement with Deloitte Consulting, Inc. to enable completion of the City’s ATL Cloud Implementation.
• Completed timely negotiation and finalization of an agreement with BridgePay for crucial gateway payment processing services on behalf of the City’s Department of Finance.
18
BUSINESS SERVICES DIVISION – CONTRACTS (cont.)
• Assisted with development of agreements to facilitate the review of the City’s policing practices and planning and community engagement consulting services with key partners, Atlanta Committee for Progress, APD-U Urban Planning Management and the Police Executive Research Forum (PERF).
• Drafted and finalized FY20 AID Atlanta Housing Program HOPWA Grant Agreement ensuring access to safe, affordable housing to low-income individuals and families living with HIV/AIDS.
19
BUSINESS SERVICES DIVISION – CONTRACTS (cont.)
• Successfully managed 3 Bid Protests in support of Department of Procurement and trained the Department’s senior leadership on how Bid Protests work.
• Conducted Legislative Reviews on 67 various procurement-related matters.
• Reviewed 21 solicitations on behalf of Department of Procurement before release to the street.
• Prepared and delivered training to 32 managers, contract specialist, and other staff of the Department of Procurement regarding the Required Submittals in Solicitations and Standard Contract Templates.
20
In continuation of services provided by Contracts Legal support, the
Department of Law:
BUSINESS SERVICES DIVISION – CONTRACTS (cont.)
• Assisted with preparation of corrective legislation in support of the Department of Finance on the ATL Cloud implementation.
• Successfully implemented a new Legal Services Request Intake Form with the Department of Procurement, AIM, DEAM and the Department of Grants and Community Development on procurement and contract matters.
21
BUSINESS SERVICES DIVISION - FINANCE
The Department of Law provided the following Finance Legal support to internal and external Clients:
• Filed annual disclosure reports for past municipal bond issuances on Electronic Municipal Market Access (“EMMA”)
• Provided advice on Urban Residential Finance Authority (“URFA”) Housing Opportunity Bonds (adopted on January 4, 2021)
• Provided research and legal advice on the establishment of the Atlanta Beltline Special Services District and the proposed ad valorem tax levy
• Hosted interdepartmental training on public finance: “The Nuts and Bolts of Public Finance”
The Department of Law provided the following Finance training to internal and external Clients on February 12, 2021:
• Collaborative Disclosure Procedures Training Workshop with Department of Finance and Invest Atlanta
• Commercial Paper Process Training22
BUSINESS SERVICES DIVISION REAL ESTATE | LAND USE | PARKS AND REC
• Drafted and/or provided comments on over twenty (20) pieces of
legislation.
• Drafted over ten (10) leases, licenses or other agreements.
• Prepared over twenty-three (23) encroachments and/or easements.
• Coordinated closings on four (4) property acquisitions.
• Reviewed and facilitated the closing of approximately fifteen (15)
parcels, easements, and temporary easements for City of Atlanta
transportation projects. 23
The Department of Law provided the following Real Estate support to
the Department of Aviation, City Planning and Development,
Enterprise Asset Management, Parks & Recreation, ATL/DOT, Public
Works and DWM:
BUSINESS SERVICES DIVISION REAL ESTATE | LAND USE | PARKS AND REC (cont.)
24
February 2021 – Impact Fee Ordinance Work Session
• The DOL Land Use team worked with the Department of City Planning
staff on preparing updates to the Impact Fee Ordinance, updates to the
associated fee study, and staffed the CD/HS Committee’s Impact Fee
Ordinance Work Session. This will be the first update to the Impact Fee
Ordinance and fee study related to the City’s impact fee program since
1993.
BUSINESS SERVICES DIVISION REAL ESTATE | LAND USE | PARKS AND REC (cont.)
Chattahoochee Brick Site – Surface Transportation Board (“STB”)
action against Norfolk Southern
In the late 19th and early 20th centuries, the Chattahoochee Brick
Company operated as a brick works factory. Located at 3195 Brick Plant
Road in Northwest Atlanta, the site is historically important due to the
use of convict laborers and the possibility that some of these laborers
were buried on site. In 2016, Lincoln Terminal attempted to obtain a
permit to construct a “bulk transfer facility” at this location. Due to
concerns with the historical importance and the environmental sensitivity
of the site, the permit application was withdrawn. The site is also
adjacent to the Chattahoochee River and is within a floodplain which
raises several environmental concerns.
25
BUSINESS SERVICES DIVISION REAL ESTATE | LAND USE | PARKS AND REC (cont.)
Chattahoochee Brick Site – Surface Transportation Board (“STB”)
action against Norfolk Southern (cont.)
In 2020, Norfolk Southern and Lincoln Terminal entered into a lease
agreement and operating agreement to build the bulk transfer facility.
Thereafter, Norfolk Southern claimed immunity from the City’s
permitting regulations and started site development work. In response,
the City filed a petition for a preliminary injunction and a petition for a
declaratory order to the STB. The Real Estate/Land Use team worked
closely with outside counsel on this STB action and received notification
on February 18, 2021, that Norfolk Southern has terminated its plans to
build the rail transfer facility on the Chattahoochee Brick site .
26
BUSINESS SERVICES DIVISION REAL ESTATE | LAND USE | PARKS AND REC (cont.)
Atlanta City Council Redistricting Effort
The Charter of the City of Atlanta requires the redistricting of City
Council districts following the 2020 Census, but prior to the 2021
General Municipal Election, scheduled for November 2, 2021. Due to
the Covid-19 pandemic and anomalies found within the census data, the
delivery of 2020 census data has been significantly delayed. A February
12, 2021 Census Bureau press release has officially delayed the delivery
of redistricting data to September 30, 2021. Because of this delay, the
City will not meet its obligation to undertake the redistricting effort prior
to the November General Election.
The Department of Law has assisted the Office of the Municipal Clerk in
researching the various options for addressing this unavoidable reality.27
BUSINESS SERVICES DIVISION REAL ESTATE | LAND USE | PARKS AND REC (cont.)
28
• Assisted the Department of City Planning, Office of Housing and
Community Development in creating legislation to update the City’s
Urban Redevelopment Plan for the first time in 10 years. Among other
things, this update incorporates the past 10 years’ worth of new local
neighborhood plans into the Urban Redevelopment Plan. By updating
the plan, Invest Atlanta will have more opportunities to invest in and
support these neighborhoods.
• Drafted legislation for the call and conduct of the 2021 City of Atlanta
Municipal Elections.
• Assisted in the preparation of the City of Atlanta State 2021 Legislative
Packet.
The Department of Law provided the following notable Legislative Support
to various City Departments:
BUSINESS SERVICES DIVISION PUBLIC SAFETY | LEGISLATIVE | SPECIAL INITIATIVES
29
The Department of Law’s Public Safety and Special Initiatives Team assisted
with the formation of the Mayor’s Nuisance Properties Working Group.
That working group consists of members from various City departments,
including the Executive Offices, Law, Solicitor’s Office, APD, AFRD, Code
Enforcement, Office of Buildings, and License and Permits. Through this
ongoing collaboration, the following results have been obtained in just six
weeks:
• Legislation adopted to create the Nuisance Properties Working Group
• Group has met weekly to identify nuisance properties and strategize
on enforcement measures;
• Two City solicitors were deputized by the City Attorney to pursue
injunctive relief against property owners;
BUSINESS SERVICES DIVISION (cont.)PUBLIC SAFETY | LEGISLATIVE | SPECIAL INITIATIVES
30
• The Department of Law drafted legislation to amend the City’s
Code of Ordinances to (1) require CPA-certified documentation
evidencing that an establishment qualifies as a restaurant, and (2)
add revocation of alcohol license as a penalty for the first due cause
violation.
Resolution of Federal Department of Labor Investigation
Pursuant to an employee’s complaint, the Wage and Hour Division of the Federal Department of Labor initiated an investigation into the City’s administration of employee family and medical leave requests. In September 2020, the Department of Law, in partnership with the Department of Human Resources, successfully negotiated a potential settlement of the employee’s claim and termination of the federal investigation.
The proposed settlement required the City, inter alia, to conduct a 60 to 90-day audit of its practices and timely submit a report of its findings to the Department of Labor. The Department of Law worked closely with the Department of Human Resources to summarize and effectively present the findings to Federal Department of Labor. Significantly, the audit reflected that over time, the City steadily improved the timeliness of its responses to employee requests for family and medical leave. The City timely submitted the results of the audit to the Department of Labor on December 30, 2020. On January 12, 2021, the Department of Labor reported that it was pleased with the results of the City’s audit. Consequently, this matter is now closed.
OPERATIONS DIVISION – LABOR AND EMPLOYMENT GROUP
32
OPERATIONS DIVISION – WATERSHED
• Major amendments to the City’s post-development stormwater management code were passed and commenced on December 1, 2020. These amendments were necessary due to requirements in the City’s State issued regulatory permits and the requirements of the North Metro Water District (a State entity). The intent of the amendments are to better control post-development storm water run-off from developments.
• In collaboration with the Department of Watershed Management, we have begun the process of drafting and negotiating new wholesale water intergovernmental agreements with the City of Hapeville and the Clayton County Water Authority. These agreements were last negotiated over twenty years ago.
33
The Department of Law provided the following Watershed Legal support to
internal and external Clients:
OPERATIONS DIVISION – WATERSHED (cont.)
• On December 16, 2020, due in part to the heavy involvement of the Department of Law, the Water and Sewer Appeals Board recommenced hearings online. The Department of Law assisted the Board to adopt amendments to its operational rules and has undertaken training for Board members. The Department of Law also assisted the Board and DWM to comply with the obligations under the Open Meetings Act. This included setting up a new website for the Board and developing new forms and procedures.
• The Riparian Buffer Technical Panel recommenced hearings online on October 10, 2020 due, in part, to the efforts of the Department of Law. The Department of Law drafted procedural rules for the Panel to adopt, conducted training on Robert’s Rules and has assisted the Panel and DWM to comply with the obligations under the Open Meetings Act. This included setting up a new website for the Board and developing new forms and procedures. All backlogs have now been cleared.
34
OPERATIONS DIVISION – WATERSHED (cont.)
DWM Revenue Recovery
• The Department of Law recovered approximately $150,000 for water and sewer accounts on behalf of the Department of Watershed Management. These recoveries were for large multi-residential buildings with significant balances. The accounts are now in compliance and the customers are paying current charges.
35
Immigration, Revenue Recovery and Compliance Reports
The Transportation and Taxation practice group has recovered $122,000 in revenue from two customers since November 2020. Of that amount:
• $102,000 has been recovered after approximately one year of negotiations
• $20,000 has been recovered after more than two years of negotiations
In December 2020, SAVE/E-Verify reports were successfully submitted to the Georgia Department of Audits and Accounts:
• Listing all private employers applying for a business license or any document required to operate a business.
• Listing all contractors entering into any contract/purchase order with the City of Atlanta for the physical performance of services totaling more than $2,500.
• Confirming all public benefits administered by the City of Atlanta.
• Certifying compliance with the state’s sanctuary policy.
OPERATIONS DIVISION – TRANSPORTATION & TAXATION
36
OPERATIONS DIVISION – AVIATION
Rental Car and Concessionaire Bankruptcy Matters Update• In addition to the bankruptcies filed by Hertz and Advantage car rental
companies, two additional bankruptcies have been filed by Airport operators. L’Occitane En Provence, an airport concessionaire and Airport Van Rental, an off-airport car rental company. At this time, the Department of Law is expected to file proofs of claim for each bankruptcy.
Airport Utility Outage Agreements• The City, Georgia Power Company, and AATC have worked together over
the past three years to resolve matters related to an airport utility outage that occurred in December 2017. As of February 12, 2021, the parties have finalized agreements that will permit the installation of back-up generators and other necessary life safety redundancies at the Airport, closing this protracted negotiation.
37
OPERATIONS DIVISION – AVIATION
Aviation Legislative Training
• On February 4th, the Department of Law offered training to the Department of Aviation (“DOA”) regarding the city of Atlanta’s legislative process. The training exposed participants to details that will allow them to better understand and manage the Atlanta City Council process. There were over 65 DOA staff in attendance.
38
Q2 Pending Claims
• There is a 9% decrease in pending claims from Q2 last year.
• In Q2 December 31, 2020, there were 461 claims, and in Q2 December 31, 2019, there were 507.
Q2 New Claims
• The Department of Law received 365 new claims between October 1, 2020 and December 31, 2020, an average of 122 new claims per month.
Q2 Resolved Claims
• The Claims Team has resolved 194 claims during the past quarter, an average of 65 claims per month.
UPDATE ON PENDING, NEW & RESOLVES CLAIMS – Q2
40
Itemized Claims and Settlement Payments by Department
UPDATE ON CLAIMS & SETTLEMENTS
FY21 Q2
41
FY21 (Q2) Litigation Cases Settlement Totals
Department Demand Payments Fund Impact
Public Works $20,997 $16,155 General Fund
Watershed Management $20,861 $20,384 Water & Sewer
TOTAL LITIGATION SETTLEMENTS $41,858 $36,539
FY21 (Q2) Claim Settlement Totals
Department Demand Payments Fund Impact
Fire Rescue $26,500 $10,864 General Fund
City Planning $100,255 $32,800 General Fund
Executive Offices $1,800 $1,500 General Fund
Parks & Recreation $152,328 $36,078 General Fund
Police $18,177,649 $61,079 General Fund
Public Works $61,410 $31,695 General Fund
Transportation $27,875 $17,348 General Fund
Watershed Management $117,075 $48,169 Water & Sewer
TOTAL CLAIM SETTLEMENTS $18,664,892 $239,533
TOTAL FY21 LITIGATION & CLAIM TOTALS $18,706,750 $276,072
Itemized Claims and Settlement Payments by Department
UPDATE ON CLAIMS & SETTLEMENTS
CONSOLIDATED FY21 Q1-Q2
42
FY21 (Q2) Litigation Cases Settlement Totals
Department Demand Payments Fund Impact
Fire Rescue $855,000 $185,000 General Fund
Police $3,357 $3,357 General Fund
Public Works $48,807 $27,155 General Fund
Watershed Management $125,861 $65,384 Water & Sewer
TOTAL LITIGATION SETTLEMENTS $1,033,025 $280,896
FY21 (Q2) Claim Settlement Totals
Department Demand Payments Fund Impact
Fire Rescue $40,656 $24,876 General Fund
City Planning $100,255 $32,800 General Fund
Executive Offices $1,800 $1,500 General Fund
Parks & Recreation $154,540 $38,290 General Fund
Police $18,944,553 $90,405 General Fund
Public Works $72,073 $41,644 General Fund
Transportation $67,101 $48,091 General Fund
Watershed Management $166,645 $85,065 Water & Sewer
TOTAL CLAIM SETTLEMENTS $19,547,623 $362,671
TOTAL FY21 LITIGATION & CLAIM TOTALS $20,580,648 $643,567
• The Department of Law has successfully litigated case settlements resultingin the City only paying $280,897 dollars, when the demand amount was$1,033,026 dollars.
• The Department of Law has successfully negotiated claims settlementsresulting in the City only paying $362,620 dollars, when the demand amountwas $19,547,622 dollars.
• The Department of Law has successfully litigated and negotiated claimssettlements resulting in the City only paying $643,567 dollars, when thedemand amount was $20,580,648 dollars.
UPDATE ON CLAIMS & SETTLEMENTS Q1-Q2
43
FY20 FY21
July – Feb. 2020 July – Feb. 2021 %Chg.
SPENDING TO DATE
AVIATION FUND 265,268 292,761 10%
WATERSHED FUND 1,528,379 1,180,351 -22%
GENERAL FUND 1,839,091 2,553,876 38%
TOTAL SPENDING COMBINED FUNDS1 $3,632,738 $4,026,988 10%
• 1Total Spending Combined Funds excludes DOJ Investigation expenses.
• There is an increase overall of 10% in FY21 July - February 2021 outside counsel spending
compared to FY20 July - February 2020. A 10% increase in Aviation Fund outside counsel
spending due to the SEC investigation, Airport Bankruptcy Matters and one-time expense
occurrences such as the Disparity Study and the Independent Review of the Office of Contract
Compliance, a 38% increase in General Fund outside counsel spending due to Litigation
matters and one-time expense occurrences such as the Kemp Lawsuit, the Disparity Study and
the Independent Review of the Office of Contract Compliance and a 22% decrease in
Watershed Fund outside counsel spending due to fewer outsourced matters.44
OUTSIDE COUNSEL SPENDING REPORT
FY21 FISCAL YEAR-TO-DATE