DATE: September 22, 2026
TO: Board of Supervisors
SUBMITTED BY: Douglas T. Sloan, County Counsel
SUBJECT: Salary Resolution Amendment - County Counsel Org 0710
RECOMMENDED ACTION(S):
TITLE
1. Approve Amendment to the Salary Resolution adding one Chief Deputy County Counsel position to the County Counsel Org 0710, effective October 26, 2026, as reflected on Appendix “C”; and
2. Adopt Budget Resolution increasing FY 2026-27 appropriations and estimated revenues for County Counsel Org 0710 in the amount of $245,193 (4/5 vote).
REPORT
There is no Net County Cost associated with the recommended actions. Adding a Chief Deputy County Counsel (CDCC) position will allow the Department to absorb personnel investigations, rather than utilizing outside counsel. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions, the existing table of positions will remain unchanged, and the Department will continue to obtain personnel investigation services from outside counsel.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. Costs for Salaries and Benefits for the added position will be offset with revenue recovery for services provided to departments. The recommended Budget Resolution will increase appropriations and estimated revenues in the County Counsel Org 0710 FY 2026-27 Adopted Budget in the amount of $245,193.
DISCUSSION:
The Department is requesting to add a CDCC position effective October 26, 2026 to its Table of Postions to provide the County with internal personnel investigation services, which will expedite the investigation process and provide departments with efficient and thorough services.
The Fair Employment and Housing Act and the Civil Rights Department (CRD) regulations require employers to (1) conduct prompt, thorough, and fair investigations of complaints; and (2) take prompt and fair remedial action. CRD requires investigators to be trained on relevant equal employment opportunity and anti-discrimination and harassment (EEO) laws, how to determine what to investigate, effective witness interviews, weighing credibility, analyzing information, and writing a report. An inadequately trained investigator increases the risk of liability for the County.
The County conducts workplace investigations on a regular basis. Attorneys in the County Counsel’s Office oversee approximately 30-35 investigations per year that are conducted by either Human Resources (HR) staff or outside investigators.
On August 8, 2023, the Board approved Master Agreement No. A-23-388 with Leist & Associates, Kramer Workplace Investigations, Sloan Sakai Yeung & Wong, LLP and Van Dermyden Makus Law Corporation (Board Agreement) for workplace investigations, effective upon execution through June 30, 2026 with two optional one-year extensions through June 30, 2028, and a total maximum compensation of $500,000.
On January 28, 2025, your Board approved Amendment No. 1 (A-25-025) to the Board Agreement to increase the maximum compensation by $1,500,000 to $2,000,000 for the potential five-year term of the Agreement.
On February 12, 2026, the Purchasing Manager executed Agreement No. P-26-076 with Park and Lex to conduct workplace investigations effective February 10, 2026 through the pendency of all investigations, with a total maximum compensation of $180,000.
The proposed CDCC position is intended to eliminate the need to engage outside investigators under Agreement Nos. A-23-388 and P-26-076. The cost of attorney investigators is between $315 to $595 per hour, in comparison to the County Counsel’s Office hourly rate of $182 per hour. The costs for investigations are ultimately borne by each department, regardless of their funding source. Departments may also incur salary and benefit costs for employees placed on paid administrative leave while investigations are being conducted. Establishing an in-house attorney investigator is expected to expedite investigations, reducing the time that employees may be on paid leave.
Hiring a full-time CDCC to conduct workplace investigations will centralize County personnel investigations, ensure prompt and thorough investigations, and increase efficiency by reducing the County’s reliance on outside investigators. Thorough and timely investigations may also mitigate the County’s potential liability if a workplace matter results in litigation.
If approved by your Board, the addition of the CDCC position will increase the total number of positions in County Counsel Org 0710 from 42 to 43.
REFERENCE MATERIAL:
BAI #44, January 28, 2025
BAI #29, August 8, 2023
ATTACHMENTS INCLUDED AND/OR ON FILE:
Salary Resolution Amendment - Appendix “C”
On file with Clerk - Budget Resolution
CAO ANALYST:
Amy Ryals