fied immunity in Section 1983 cases to all private individuals hired to perform government services. The court’s unwillingness to allow private attorneys to be “left holding the bag” significantly benefits not only private attorneys but also the cities that employ them. In a previous decision involving employees of a privately run prison facility, the court had disallowed immunity partially because indemnity and insurance could be used to prevent increasing costs. But if private attorneys could not avail themselves of qualified immunity, then insurance and indemnity costs would increase and ultimately be borne by the government entities that retain them — through paying higher rates to cover those additional costs. As Justice Scalia dissented in that prior case, there is no free lunch: “[A]s civil-rights claims increase, the cost of civil-rights insurance increases.” Moreover, to avoid the risk of expensive and burdensome lawsuits, some talented private attorneys may have ceased providing government services or performed them less fearlessly without qualified immunity. While less qualified or less experienced private attorneys may have stepped forward to offer their services, cities would have received less value for the money spent on private attorneys. With the Filarsky opinion, however, cities need not bear additional costs and fees arising from increased indemnity obligations or insurance rates, receive less vigorous representation from private contract attorneys or use less competent private counsel solely because of the lack of qualified immunity. Instead, private attorneys carrying out public functions may assert qualified immunity. As a further boon to cities, the Filarsky opinion is not limited to the private-attorney context — it is now the norm in typical cases of contractors hired by the government to assist in carrying out its work. And Filarsky’s reach also expressly extends to temporary employment arrangements because, as the court said, immunity “should not vary depending on whether an individual working for the government does so as a
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permanent or full-time employee, or on some other basis.”
Conclusion The Filarsky case is a huge win for cities that use contractors and temporary employees. The Supreme Court’s opinion
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allowing qualified immunity should prevent rate increases and ensure a better pool of available workers, and it provides legal protection against Section 1983 liability to those workers who provide needed services for cities. n
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Police Chief City of San Jose, CA The 10th largest city in the country is seeking a visionary community policing leader to serve as its next Police Chief. The world’s center of innovation in the Silicon Valley, the City of San Jose is home to a population of 958,000. The San Jose Police Department is supported by 1,550 employees (1,109 sworn & 441 civilian) and a FY2012-13 budget of nearly $294 million. The ideal candidate will be a courageous and innovative leader capable of bringing a large and lean urban department together around a contemporary business model that addresses the reality of diminished resources. The next Chief will work with the Department and key stakeholders to design a sustainable service model and road map for the future for an already high performing department. A minimum of five (5) years of senior level management experience in a mid-to-large size diverse urban agency and a Bachelor’s degree are required. A Master’s degree and/or formal leadership training is desirable. Salary is currently under review. Compensation includes competitive benefits package. Visit our website at www.tbcrecruiting.com for more details and to apply online. This recruitment will close at midnight on Sunday, December 16, 2012.
Teri Black • 310.377.2612 Joe Brann • 310.265.7479
Administrative Services Director City of Union City, CA Union City (population 70,000) is centrally situated in the East Bay, with San Francisco and San Jose/Silicon Valley just minutes away. The City is currently seeking an Administrative Services Director with a strong background in finance, as well as the capability and desire to acquire in-depth knowledge in the other functional areas of the Department, which include Human Resources, Risk Management, and Management Information Systems. A team oriented individual with a high level of integrity, honesty and accountability is being sought. Strong candidates will demonstrate knowledge of laws, codes, and regulations applicable to municipal administrative services, as well as the ability to plan, organize, and provide administrative direction and oversight in all Administrative Service areas. Excellent project management and communication skills are essential to this position. A collaborative, innovative, and hands on individual will be an asset in the Department. A Bachelor’s degree with major course work in public administration, business, human resources, accounting, economics or a related field is required; a Master’s degree is desirable. The salary range for the Administrative Services Director is $10,863 to $13,200 monthly and is dependent upon qualifications; the City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Bob Murray or Ms. Judy LaPorte at (916) 784-9080 should you have any questions. Brochure available. Closing date January 11, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com
Western City, December 2012
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