Department of Law City Attorney Nina R. Hickson

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

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COVID-19 PANDEMIC RESPONSE HIGHLIGHTS

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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.

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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.

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LAW STAFF ACCOMPLISHMENTS

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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.


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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.


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LITIGATION DIVISION

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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.

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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.

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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.

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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).


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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.


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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

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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.

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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.

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• 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.

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• 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.

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In continuation of services provided by Contracts Legal support, the

Department of Law:


• 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.

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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.)

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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.


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.

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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 .

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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


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• 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

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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

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• 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.

OPERATIONS DIVISION

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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

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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.

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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.

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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.

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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

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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.

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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.

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PENDING, NEW AND RESOLVED CLAIMS UPDATE

Q2

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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

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Itemized Claims and Settlement Payments by Department

UPDATE ON CLAIMS & SETTLEMENTS

FY21 Q2

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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


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


Transportation $27,875 $17,348 General Fund


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

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FY21 (Q2) Litigation Cases Settlement Totals



Police $3,357 $3,357 General Fund



TOTAL LITIGATION SETTLEMENTS $1,033,025 $280,896

FY21 (Q2) Claim Settlement Totals



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


Transportation $67,101 $48,091 General Fund


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

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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

QUESTIONS

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Department of Law City Attorney Nina R. Hickson

Documents

Transcript of Department of Law City Attorney Nina R. Hickson