HomeMy WebLinkAboutFY 2024 (Office of the County Attorney) Budget NarrativeOFFICE OF THE COUNTY ATTORNEY
FY 2024 BUDGET AND OPERATIONS SYNOPSIS
Matthew M. Bracken
County Attorney
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Department: COUNTY ATTORNEY
Fund: GENERAL FUND
1.FY 2023 to FY 2024 BUDGET COMPARSION
Fund: GENERAL FUND
Department: COUNTY ATTORNEY
FY 2023 FY 2024 $ + / - % + / -
Salary and Wages 1,830,974 2,117,224 286,250 15.6%
Benefits 1,094,175 1,249,429 155,254 14.2%
Utilities 4,035 4,297 262 6.5%
Vehicle/Equip, Lease 0 0 0 0.0%
Operations 544,617 544,355 -262 0.0%
3,473,801 3,915,305 441,504 12.7%
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
Salary and
Wages
Benefits Utilities Vehicle/Equip,
Lease
Operations
FY 2023 and FY 2024 Comparison
FY 2023
FY 2024
53%31%
0%0%16%
FY 2023 Operating Budget
Salary and
Wages
Benefits
Utilities
Vehicle/Equip,
Lease
Operations
54%32%
0%0%14%
FY 2024 Operating Budget
Salary and
Wages
Benefits
Utilities
Vehicle/Equip,
Lease
Operations
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2. MAJOR CHANGES AND/OR VARIANCES IN OPERATIONS BUDGET
The only major change to our operations budget is the inclusion of a new deputy county attorney
position. We currently have 13 full time attorneys and one part time attorney. We have five
attorneys that handle litigation matters, with the remainder of the attorneys handling primarily
transactional work. A breakdown of how many open matters per attorney is below (these matters
vary in complexity, with litigation attorneys generally having more assigned matters):
CHART 1 MATTERS PER ATTORNEY
Our matters are broken into 2 primary categories, litigation and advice and counsel (or
transactional work):
CHART 2 MATTERS PER DIVISION
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The litigation matters remain open for several years while the advice and counsel matters are
generally closed within days or weeks. These two categories are broken down further into general
categories:
CHART 3 KIND OF MATTER
We generally see around 100 new legal transactional requests per month, and we close out about
the same amount of legal transactional requests. However, based on the CHART 2 above there
remains 200 transactional matters outstanding. Every time a new legal request is received it sits
behind the 200 open transactional matters, or backlog. While every legal matter is eventually
closed and completed, the backlog creates weeklong delays on all legal requests. This results in
client dissatisfaction and a general feeling that all legal matters sit for weeks. Client sentiment is
accurate as requests do sit for weeks in order to approach the front of the line.
Our backlog has decreased dramatically over the last few years. In February of 2020, our backlog
consisted of about 400 transactional matters. This reduction can be attributed to filling vacancies
and stabilizing turn-over in our office. However, our office remains out of balance. A larger delay
seems to exist with construction related contracts, with public works contracts seeing a slower
legal processing due to the larger number of contracts. If this position is approved a portion of the
attorneys time will be in aiding in the reduction of outstanding public works contracts and backlog
in general.
The County of Kaua‘i also lacks a Risk Manager. While our attorneys provide legal guidance on
potential risks, we do not analyze the long-term effects of decisions or monitor the effect on the
County’s insurance premiums. If approved this position would also act as an insurance coordinator,
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taking over the management of the insurance program from the Director of Finance. Our insurance
reporting requirements have changed dramatically over the last few years. Our premiums have
increased and our reporting requirements are more onerous. For example, our general liability
policy now requires quarterly loss runs, while historically we just had to report claims that might
exceed our self-insurance threshold. Specific policies such as our lifeguard insurance policy also
require notification of significant injury and not just notification of claims received. This new
attorney would be tasked with ensuring that these reporting requirements are being met.
I envision this attorney initially taking on the transactional legal backlog and the insurance
coordinator responsibilities. I would expect it to take over a year to help clear the backlog of
transactional matters. After the legal backlog is reduced this individual could then focus on
developing a comprehensive risk management program.
3. OPERATIONAL CHALLENGES
Salary and workload will likely continue to affect retention. However, the addition of a new
attorney should help with the overall workload.
4. TOP 3 OPERATIONAL HIGHLIGHTS FROM FY 2023
• Contract automation, Phase 1 was rolled out to KPD, DPW-Solid Waste, and DPW-Waste
Water at the beginning of the FY. The Transportation Agency was included in Contract
Automation later in the FY. The contract automation interface will allow our clients to answer
simple non-legalese questions, which will then populate and build custom contracts. It should
reduce the time our clients spend preparing contracts and reduce attorney review time and
speed up the contracting and review process altogether.
• Produced multiple training videos covering various topics including: general contract
administration, Procurement, UIPA, Sunshine Law, Ethics, and Fiduciary Duty.
• Completed an update to the Professional Services (Design) contract template.