San Bernardino header
File #: 10631   
Type: Consent Status: Passed
File created: 7/30/2024 Department: District Attorney
On agenda: 8/6/2024 Final action: 8/6/2024
Subject: Employment Contract for Deputy District Attorney IV
Attachments: 1. CON-DA-8-6-2024 EMPLOYMENT CONTRACT FOR DEPUTY DISTRICT ATTORNEY IV MICHAEL SILVERMAN, 2. Item #23 Executed BAI, 3. 24-708 Executed Contract

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          August 6, 2024

 

FROM

JASON ANDERSON, District Attorney 

         

SUBJECT                      

Title                     

Employment Contract for Deputy District Attorney IV

End

 

RECOMMENDATION(S)

Recommendation

Approve Employment Contract with Michael Silverman for the position of Deputy District Attorney IV, for an estimated cost not to exceed $187,000 (Salary - $180,000, Benefits - $7,000) effective August 10, 2024 through August 9, 2025.

(Presenter: Michael Fermin, Chief Assistant District Attorney, 382-3662)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Operate in a Fiscally-Responsible and Business-Like Manner.

 

FINANCIAL IMPACT

Approval of this item will not result in the need for additional Discretionary General Funding (Net County Cost). The contract will be effective for 12 months with a limit of 1,200 hours. Salary costs are estimated at $180,000 and employer-paid benefits are estimated at $7,000, for a total estimated not to exceed $187,000. Current year costs will be funded through salary savings from staffing vacancies within the District Attorney’s (Department) 2024-25 budget and will be included in the Department’s future recommended budget.

 

BACKGROUND INFORMATION

The Department is the public prosecutor and has the mandated responsibility to prosecute crimes committed within San Bernardino County, including city jurisdictions, pursuant to California Government Code 26500. Because of the mandates of this Government Code including Penal Code sections 13835, 1172, 745, and 1473, among others, as well as the current highly politicized working environment of law enforcement, the Department needs to evaluate and revise its Policy and Procedures Manual for its non-peace officer staff. There have been recent and significant changes in many laws which impact the administration of justice, as well as business operations for Deputy District Attorneys. These changes require updates to the Department’s policy manual to ensure compliance with current laws and accepted business practices. Due to retirements and the difficulty in filling positions, the manual has not been updated as quickly as planned.

 

The Department requests approval to engage an expert who has written policies for two other District Attorneys’ Offices and worked with staff in those offices to implement new policies and procedures. Michael Silverman is a retired attorney with nearly 30 years of experience from Riverside County’s District Attorney’s Office, holding positions such as Deputy District Attorney, Supervising Deputy District Attorney, and Chief Deputy District Attorney. The Department requests approval of an employment contract with Mr. Silverman to finish updating the Department’s Policy and Procedures Manual and assist with implementing new policies and procedures.

 

The Department’s goals are to ensure the District Attorney Policy and Procedure Manual reflects current legislation, directives from the California Superior Court, incorporates San Bernardino County organizational policies and procedures where needed, and provides principles and values that guide the performance of the Department.

 

PROCUREMENT

N/A

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Cynthia O’Neill, Chief Assistant County Counsel, 387-5397) on July 19, 2024; Human Resources (Gina King, Assistant Director, 387-5570) on July 23, 2024; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on July 23, 2024; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on July 23, 2024.