TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Teresia Zadroga-Haase, Director of Human Resources
SUBJECT:Title
Agreement for Special Services with Liebert, Cassidy and Whitmore to Provide Representational and Legal Services Pertaining to Employment Relations Matters (Human Resources Director Zadroga-Haase).
APPROVE
L
_________________________________________________________
Recommended Action
RECOMMENDATION:
It is recommended that the City Council approve an Agreement for Special Services with Liebert, Cassidy and Whitmore (LCW) to provide representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by the City or otherwise required by law. The City Council adoption will authorize the City Manager to take appropriate actions necessary to execute the Professional Services Agreement for Specials Services with LCW.
FISCAL IMPLICATIONS:
No additional funds are needed to implement the Agreement for Special Services with LCW. Human Resources will utilize the Legal Services budget for any services rendered through the LCW agreement. For FY2016-2017, Human Resources budgeted $60,000 for Legal Services.
BACKGROUND:
In 2010, the City contracted with Liebert, Cassidy and Whitmore to provide labor negotiations services for the City’s expiring union contracts. Peter Brown from LCW was designated as the City’s lead negotiator. The contract incorporated a not to exceed $25,000 amount and accounted for labor relations services during the collective bargaining process. A second agreement was approved in 2011 for the City to utilize LCW for labor relation and employment relation services outside of the collective bargaining process.
DISCUSSION:
The Agreement for Special Services with Liebert, Cassidy Whitmore will consolidate labor negotiation services and employment relations services under one agreement. Staff is planning to update the City’s Personnel Rules and planning for collective bargaining process in 2018. The agreement allows the City flexibility to utilize LCW services for labor negotiation both during and outside the collective bargaining agreement, grievances involving legal challenges, and disciplinary issues especially in the area of Police Officers’ Bill of Rights and Firefighters’ Bill of Rights. For example, subsequent to the adoption of the current collective bargaining agreements with the labor groups, there was a need for some amendments requiring advice and review by labor counsel.
The Human Resources Department budgets for legal services which include labor negotiation and employment relation services during the normal budgeting process in anticipation of planned collective bargaining negotiations, other projects, known events which may require administrative investigations as well as planning for the potential unknown representational and/or legal issues related to employment that may arise during the fiscal year. Council has adopted the budgets for FY16/17 and FY17/18, and Human Resources would need to request City Council authority for an appropriation of additional funds if the legal services rendered exceed the department budgeted amount in any given fiscal year. The City has not updated or amended the 2011 LCW agreement. The agreement will set hourly rates and reimbursable expenses for LCW services. Billable rates are reviewed annually and the contract may be terminated with 30 days notice.
LEGAL REVIEW
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
Attachments:
1. Liebert Cassidy Whitmore Contract