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HomeMy WebLinkAbout03. Labor Relations ConsultantS. Central Contra Costa Sanitary District July 23, 2014 TO: ADMINISTRATION COMMITTEE VIA: ROGER S. BAILEY, GENERAL MANAGER DAVID HEATH, DIRECTOR OF ADMINISTRATION FROM: TEJI O'MALLEY, HUMAN RESOURCES MANAGER SUBJECT: LABOR RELATIONS CONSULTANT During the Administration Committee Meeting on June 25, 2014, staff was directed to bring, to a future meeting, two labor relations experts so that the Board could select a labor relations negotiator well before the expiration of the MOUs in December 2017. The need to engage an expert now was based upon the desire of the Board that items related to the negotiations can be thoroughly vetted and analyzed prior to commencement of actual negotiations which are anticipated to begin approximately six months prior to the expiration dates of the MOUs. Attached are the proposals from two law firms that specialize in labor relations, Hanson Bridgett and Liebert Cassidy Whitmore (LCW). The proposals describe the scope of work as well as the potential costs associated with the negotiations, both during the strategic planning phase as well as actual negotiations. Additionally, a representative from each firm will be there to make a brief presentation and to answer any questions during the meeting. Proposal from Hanson Bridgett LLP for 2017 MOU Negotiations involving Public Employees Local One and the Management Support Confidential Group (MS /CG) The District has requested information regarding Hanson Bridgett's possible representation of the District in the negotiation of the terms of the current Memorandums of Understanding (MOUs) with Public Employees Local One and with the MS /CG, which expire December 17, 2017, Hanson Bridgett proposes that Mike Moye be considered for this role. Mr. Moye is the Chair of Hanson's Labor and Employment Practice. He also is a member of the Board of Directors of the San Francisco Bar Association, and is on the Executive Committee of the Labor and Employment Section of the San Francisco Bar Association. Mike has represented numerous public sector and private sector employers, and non - profit groups as well, in the full range of labor and employment matters, and has extensive experience representing both public sector and private sector clients in labor negotiations. Mike also has familiarity with the District's MOUs through Hanson Bridgett's representation of the District, and he also is known to District employees as a result of providing employment training for the District. The District has requested that Hanson Bridgett provide some estimate of the costs and fees associated with this representation, and has requested a proposal related to such fees and costs. There are some obvious difficulties in projecting the potential fees for this project, and the potential scope of the project, given that the time frame is late 2016 or early 2017. In the current agreement with the District, Hanson Bridgett has agreed to provide Mike's services for 2014 at the billing rate of $385 per hour, and $400 per hour for 2015. This already represents a substantial reduction from Mike's current standard billing rate of $515 per hour. Hanson Bridgett is prepared to offer Mike's services at the 2015 billing rate of $400 per hour for the first 50 hours required by this project. It is anticipated that this commitment will cover the preliminary discussions with the Board and staff regarding the goals and objectives of the District, the development of bargaining proposals, and preliminary meetings with the bargaining units. Hanson Bridgett proposes that after those initial 50 hours, Mike's services would be billed at the rate of $450 per hour. Hanson Bridgett is prepared to make that commitment even though Mike's standard billing rate for 2017 is unknown, but is likely to exceed his current standard rate of $515 per hour. The District may prefer a flat fee proposal. Without further information as to the goals and objectives of the District in these negotiations, it would be very difficult to give a meaningful flat fee proposal that is objectively based. Hanson Bridgett would be prepared, however, to discuss with the Board the feasibility of such a proposal after the preliminary meetings and discussions as to the goals and objectives of the District which would be included in the $400 rate. Hanson Bridgett also is prepared to discuss other ways that the overall costs could be reduced. This includes the use of legal assistants whenever possible, and also could include the use of associate attorneys with previous experience in labor negotiations at lower hourly rates for some of this work in conjunction with Mike. Hanson Bridgett appreciates the opportunity to be considered for this representation. Please let us know if there is any other information we can provide. LIEBERT CASSIDY WHITMORE June 19, 2014 Re: Request for Information — Negotiation Services Thank you for the opportunity to submit information regarding Liebert Cassidy Whitmore's negotiation services. Provided below is a summary of our public sector labor relations practice. Statement of Qualifications Liebert Cassidy Whitmore provides responsive and highly competent legal advice, representation, litigation services, negotiations and training to public entities throughout California. Our competitive advantage over other firms is that we focus our practice on public sector labor relations and employment law and are committed to providing high quality, cost effective and practical solutions for the challenges faced by California's public agencies. One particular area of expertise is our labor relations representation services in all forms of collective bargaining and impasse resolution processes, such as mediation, factfinding and interest arbitration. Our attorneys are well- versed at handling multiple bargaining tables and are experienced in utilization of different bargaining techniques in order to successfully conclude negotiations. Members of our firm have negotiated literally hundreds of memoranda of understanding with all varieties of general and safety employee groups including: AFSCME, IBEW, IUOE, SEIU, CLOCEA, Teamsters, and various management and general employee associations. We have negotiated virtually every issue within the scope of bargaining, including such issues as: wages, hours, health and retirement benefits, leaves and discipline. We believe that our experienced and practical approach to negotiations, as well as our problem - solving orientation, results in a smoother and more expeditious negotiating process, fewer sustainable grievances or unfair labor practice charges, and ultimately, a more cost - effective method of collective bargaining. In addition to conducting negotiations for public employers, we continually work with public agencies that employ staff to do their own negotiations. This arrangement has involved all aspects of consultation and related services, including preparation of initial bargaining proposals, reviewing counter - proposals, providing training and advice concerning negotiating strategies, representation through impasse procedures and giving general advice when particular problems arise. Liebert Cassidy Whitmore has offices in San Francisco, Los Angeles, Fresno and San Diego and has been in existence since 1980. We have 78 attorneys and three paralegals. Our Firm Resume detailing our labor and employment practice is attached. 258103.2 LC300 -008 Los Angeles I San Francisco I Fresno I San Diego www.lcwlegal.com Ms.Twila Mullenix June 19, 2014 Page 2 Subject Matter Expertise LCW negotiators have expertise in the following key subject areas: Retirement Benefits - The firm's negotiators are trained in the implementation of the laws and regulations pertaining to public employee retirement plans, including the Public Employee Retirement System ( "PERS "), the County 1937 Retirement Act, and local agency retirement laws, as well as on retiree health benefit issues. In particular, LCW negotiators are well versed on the details of the new Public Employees Pension Reform Act of 2013 ( "PEPRA ") and how the new law impacts agency obligations at the bargaining table regarding retirement formulas, employer - employee pension contributions and rules on reportable compensation. In addition, our negotiators regularly provide advice and counsel on how to negotiate pension contract amendments, disability retirement procedures and obligations, service credit, GASB issues, unfunded liability issues, retiree health benefits and vested rights issues. Impasse Resolution - LCW negotiators have been directly involved in hundreds of impasse resolution proceedings, including mediation, fact - finding and interest arbitrations. Related to this area, our firm has conducted numerous trainings and briefings on the new fact - finding requirements imposed by AB 646 for agencies subject to the Meyers - Milias -Brown Act, and our negotiators have handled a fair number of actual fact - findings under the new law. In addition, our labor negotiations practice group has developed strategic plans for navigating the laws and regulations on impasse resolution procedures, including unilateral implementation of the agency's last, best and final offer. Fair Labor Standards Act - LCW has a thriving practice advising public agencies on compliance with the Fair Labor Standards Act ( "FLSA ") and our negotiators have particular expertise addressing FLSA issues at the bargaining table. This includes knowledge on the extent to which FLSA issues are subject to negotiation, identification of higher overtime benefits provided by the labor agreement, overtime exemption challenges and regular rate of pay issues. Unfair Labor Practices - Members of the firm have many years of experience representing our clients in all phases of proceedings before the Public Employment Relations Board ( "PERB "), from consultation and responses to unfair labor practice charges through PERB hearings and court appeals. This experience is utilized by the firm's negotiators to identify bargaining practices and positions that could compromise the agency's position before PERB. And, if our clients are charged with an unfair labor practice, LCW is able to provide the full range of representational services in defending the charge before PERB. Municipal Bankruptcy - LCW negotiators have been involved in negotiations with public agencies in, or contemplating, municipal bankruptcy. This includes working with agencies to develop creative labor relations solutions and alternatives to avoid bankruptcy as well as advice and counsel on the impact on labor relations matters in the event an agency files 258103.2 LC300 -008 Ms.Twila Mullenix June 19, 2014 Page 3 for bankruptcy protection. Our aim in this area is to promote a disciplined and cautious approach, with the goal to avoid bankruptcy, even in times of fiscal distress. Proposed Staff Our negotiators are all highly skilled, experienced and effective. They are also creative, practical and excel in effective communications (written and oral presentations, listening skills). They have negotiated with both safety and miscellaneous employees bargaining units. They work hard to reach an agreement while also preparing to be in the best position in the event of impasse, fact - finding or unilateral implementation. We recognize that having the right fit between client and negotiator is an important component of successful negotiations. One of the distinguishing characteristics of our firm is that we have a variety of personalities and styles from which our clients can choose to find the right person for their negotiating needs. We invite you to interview any of our negotiators, either in person or via telephone, at no cost to the District. Our Approach to Negotiations: Our approach to negotiations will be guided by the philosophy, goals and objectives of our clients, the financial situation in which our client finds itself, as well as a number of other factors. In general however, our approach includes the following: • We work with and for the General Manager and his /her designated staff, and through him/her with the Board of Directors. We provide professional advice to assist the District in determining its policy goals and objectives, which then become our goals and objectives; we see our job as applying our best efforts and skills to achieving them. We believe in carefully organizing for negotiations, with goals and objectives kept well in mind. The negotiating process, we believe, consists of definable stages, from preparatory activities to the preliminary bargaining phases, "hard bargaining," and finally to agreement or impasse procedure. Each stage of the process requires an organized approach in order to maximize the chances of attaining bargaining objectives. Where we reasonably anticipate adversarial bargaining, concession bargaining, factfinding/binding arbitration, unilateral implementation, or other particularly challenging bargaining issues, we work closely with our clients to ensure they are best prepared and positioned for a successful outcome when agreements cannot be reached. We stress that preparation for an impasse hearing process must occur throughout all stages of bargaining where factfinding or binding interest arbitration is required. • We assist our clients in identifying and obtaining practical solutions to the financial difficulties public agencies are experiencing. 258103.2 LC300 -008 Ms.Twila Mullenix June 19, 2014 Page 4 Our philosophy is not one of "union busting," but rather one of using a professional approach that seeks to achieve and maintain professional relationships, notwithstanding the adversarial aspects of the process. We attempt to contribute positively to the long- standing labor relationship between our clients and their employee organizations; however, we are experienced with and prepared to respond to the hard -line approach and tactics used by certain employee organizations. We assist our clients in protecting and maximizing their management rights and the discretion to set standards of service and retain the prerogative to direct, assign, evaluate, hire, fire and reorganize. • We see the conclusion of negotiations as a framework for establishing a constructive employer - employee, organization - employee relations structure, which requires management training and ongoing involvement with agency management on our part. Services Provided The services offered by our LCW negotiators are generally as follows, subject to the particular preferences in any agency which can and do bring about modifications to our role: • Meet with District staff and elected officials prior to commencement of negotiations in order to best understand (and perhaps formulate) the goals and objectives of the District in addressing the potential bargaining issues, and to be made aware of the financial /political limitations upon reaching those goals and objectives. • Provide leadership in formulating the strategies which will be employed in meeting the goals and objectives at the bargaining table. (This may include asking that various District negotiation team members or resource personnel prepare budget presentations, detailed cost /revenue analyses or other financial data which may be discussed during negotiations). • Administer and/or oversee classification and compensation studies to gather the data necessary to formulate and present the agency's bargaining objectives and proposals. • Review and analyze all pertinent charter provisions, ordinances, rules and regulations, and existing memoranda of understanding, in order to verify their impact upon the goals and objectives that are being pursued. • Act as principal spokesperson and strategist during the bargaining process. • Participate in closed sessions to provide guidance to and receive direction from elected officials. 258103.2 LC300 -008 Ms.Twila Mullenix June 19, 2014 Page 5 • Represent the District at impasse proceedings (including preparation and representation through the impasse process, preparation of press releases, supervising media relations, meeting with elected officials, and making those appearances provided for by the District employee relations ordinance, as requested by the District). Members of the firm have handled multiple concurrent negotiations. In fact, most of our negotiation work involves multiple units. We typically attempt to schedule meetings with various units back to back as to reduce travel time. We also work carefully with agency staff to ensure that negotiations with multiple units are coordinated to be consistent where necessary but different, where differing issues so require. Rate and Service Structure Invoices are payable upon receipt and due within 30 days. Pricing offered on a time -and- materials basis would be based on the standard hourly rates listed below: Partner ........................$325.00 Associate .................... $245.00 Retainer Option Our typical monthly retainer for negotiations is $3,450 for the first unit and $920 for each additional unit. The monthly hours are then capped based on the reduced hourly rate of $310.00 (for a partner); or $230.00 (for an associate). For example, if we were to negotiate three units, the monthly rate would be $5,290, which would cover an average of 17 hours of service per month if your negotiator was a partner (204.7 hours annually); or 23 hours of service per month if your negotiator was an associate (276 hours annually.) Any time over the annual cap would be billed at the standard hourly rates. For example: Negotiator Reduced hourly Monthly fee for Hours allotted per rate (assuming all 3units year (excess hours allotted hours are are billed at the worked) standard hourly rates Partner $310 $5,290 204.7 Associate $230 $5,290 276 258103.2 LC300 -008 Ms.Twila Mullenix June 19, 2014 Page 6 The retainer covers preparation, telephone consultation, travel time, attendance at governing board meetings, and negotiations. It does not cover post- mediation proceedings, such as factfinding or interest arbitration. This is billed at the negotiator's standard hourly rates. This retainer would be in effect for an entire one year period, with the option to renew annually. Negotiations can also be billed hourly based on the attorney rate described above. Expenses We do not charge for secretarial time, telephone charges or photocopying (unless copying is done at the request of the client, in which case it is charged at fifteen cents ($.15) per page). We charge $.50 per page for outgoing faxes. There is no charge for incoming faxes. Travel time (outside the retainer) is charged at the hourly rate, for the time it takes to travel to /from the home office of the negotiator to the client or the time it takes to /from the negotiator's residence to the client, whichever is less. We recognize that your purpose is to serve the needs of the community and so our goal is to help you achieve this mission. We are most rewarded when we have the opportunity to collaborate with our clients to create solutions that make them successful. We offer the District a broad range of experienced labor relations services including negotiations, training, advice and representation. We bring both historical and current experience working with public entities to aid the District. We also offer a range of rates to fit the District's budget. Finally we offer our commitment to the District to provide it with superior service, timely and efficient work product and professional people with whom to work. In short we would welcome the opportunity to work with you on these negotiations. For more information about our firm, please visit our website at www.lcwlegal.com. If we can answer additional questions, please contact Rick Bolanos directly at (415) 512 -3020 or rbolanos(&Icwle alcom. 258103.2 LC300 -008 LIEBERT CASSIDY WHITMORE Firm Resume A PROFESSIONAL LAW CORPORATION EMPLOYMENT LAW I LABOR RELATIONS I EDUCATION LAW I MANAGEMENT TRAINING www.lcwlegal.com FIRM RESUME With offices in Los Angeles, San Francisco, Fresno, and San Diego, Liebert Cassidy Whitmore provides services for a majority of California's public agencies, including special districts. The Firm is a full service employment, and labor relations law firm providing consultation, representation, litigation, negotiation and investigation services to public agency management, as well as legal advice on a variety of business, construction, and facilities issues. In addition, the Firm produces a wide -range of dynamic management training workshops and seminars in employment and labor relations issues to special districts, cities, counties, courts, schools, and community college districts. Negotiation Services Members of Liebert Cassidy Whitmore have successfully negotiated thousands of labor agreements for special districts, cities, counties, and school and college districts. The agreements negotiated on behalf of public employers, depending upon the particular philosophy and circumstances of a given agency, have run the gamut from brief understandings limited to benefit items to comprehensive labor agreements that define substantially all terms of employment. These comprehensive MOU's, through management rights, waivers and "zipper" type clauses, provide protection to management's ability to manage the agency. Members of the firm are experienced in collaborative /interest based bargaining techniques as well as the more traditional labor negotiations approach. In addition to conducting negotiations for public employers, we continually work with public agencies that employ staff personnel to do their own negotiations. This arrangement has involved all aspects of consultation and related services, including writing initial bargaining proposals, reviewing counter - proposals, providing training and advice concerning negotiating strategies, and giving general advice when particular problems arise. Negotiating Impasses Services provided by members of the firm have included direct participation, as well as general consultation in hundreds of mediation, fact - finding and arbitration proceedings. Strikes We have worked with many public sector clients in contingency planning for job actions and in assisting them in strike - related activities. A firm partner co- authored the "Management Strike Handbook" published by the International Personnel Management Association. M LIEBERT CASSIDY WHITMORE FIRM RESUME Contract Administration and Grievance Handling The firm has extensive experience in the area of grievance administration, ranging from giving advice at the administrative levels of the grievance process through litigating arbitration cases. Public Employment Relations Board Representation Members of the firm have had many years of experience representing our clients in all phases of PERB proceedings, from consultation and responses to Unfair Labor Practice claims through PERB hearings and court appeals. A firm partner served as counsel to the PERB Board's first Chairperson as well as serving as a PERB Administrative Law Judge. Another firm partner served as a representative of the League of California Cities and the California Association of Counties in the legislative and administrative proceedings in connection with the PERB assuming jurisdiction over local agency employment relations. Our Approach to Negotiations We work with and for the chief administrative official and his /her designated staff, and through him/her with the Governing Body. We provide professional advice to assist the agency in determining its policy goals and objectives, which then become our goals and objectives; we see our job as applying our best efforts and skills to achieving them. We believe in carefully organizing for negotiations, with goals and objectives kept well in mind. The negotiating process, we believe, consists of definable stages, from preparatory activities to the preliminary bargaining phases, "hard bargaining," and finally to agreement, impasse procedure, or work action. Each stage of the process requires an organized approach in order to maximize the chances of attaining bargaining objectives. Our philosophy is not one of "union busting," but rather one of using a professional approach that seeks to achieve and maintain professional relationships, notwithstanding the adversarial aspects of the process. We call to the attention of our clients that in return for agreeing to competitive benefit adjustments, it is reasonable for them to seek to contractually protect and maximize their management discretion to set standards of service and retain the prerogative to direct, assign, and stimulate employees to meet them. We see the conclusion of negotiations as the beginning for establishing a constructive employer - employee organization - employee relations structure, which requires management training and ongoing involvement with agency management on our part. ® LIEBERT CASSIDY WHITMORE FIRM RESUME While one member of the firm handles a particular negotiating unit, at least one other designated attorney will be kept advised so that at all times the client has access to an attorney who is familiar with the status of the situation in each bargaining unit. Local Agencv Emolovment Law Services We have worked closely with city attorneys, county counsels and general counsels, and have directly handled the representation for our local agency clients in literally hundreds of legal proceedings before civil service and personnel boards, arbitrators, the Public Employment Relations Board (PERB), state and federal EEO and other administrative agencies and the courts. These proceedings have covered the full spectrum of employer - employee relations matters, including such matters as civil service appeals, recognition and unit representation matters, unfair labor practice charges and related negotiating issues, employment discrimination matters, pension and disability issues, wrongful termination and Fair Labor Standards Act claims. Investigations Practice Group The firm's Investigation Practice Group specializes in investigating allegations of discrimination, harassment and other misconduct. Our investigative practice primarily serves private sector employers and public sector agencies that are not already firm clients. However, we also represent current clients on a case -by -case basis depending upon the specific facts and allegations at issue. We continue to publish articles and present workshops on the topic of investigations. Our workshops identify the key components of a successful investigation including how and when to begin an investigation, who should conduct the investigation, how to maintain confidentiality, how to organize and execute an effective investigation, and how to evaluate the facts and take corrective action once the investigation is completed. Audit Services By virtue of the public agency background of members of the firm, we have extensive experience in developing local agency Employer - Employee Relations Resolutions/ Ordinances and personnel policies and procedures. A firm partner developed the League of California Cities Sample Employer - Employee Relations and Personnel Policies and Procedures Ordinances. The firm does extensive work in reviewing agency civil service /personnel policies and rules to assure continuing consistency with the ever - changing dictates of EEO and affirmative action, labor relations and other laws and administrative regulations. Members of the firm conduct comprehensive audits regarding agency's compliance with the Fair Labor Standards Act (FLSA). Additionally, the firm publishes a comprehensive guide, "Fair Labor Standards Act: A Public Sector Compliance Guide," that serves as a reference to agencies across the country. M LIEBERT CASSIDY WHITMORE FIRM RESUME To learn more about the FLSA Audits, log onto www.FLSAaudit.com where you can find detailed information about what an FLSA audit entails. Contracts, Construction and Facilities We represent and advise special districts on a broad spectrum of issues in business and facilities, both transactional and litigation. Our services include the following: • Pre -bid issues, Bid Protest and Procedures, Subcontractor Substitution Issues • Competitive Bidding and Contract Award Issues • Project Delivery Methods, Architect Agreements, CM /PM Agreements • Course of Construction Issues, Stop Payment Notices, Takeover Agreements • Construction Litigation, Change Orders, Delay Claims • Other Construction Issues, Labor Compliance Programs and Prevailing Wage • Real Property and Eminent Domain, CEQA and Green Building Issues • Non - Construction Contract Review, Purchasing Issues, Surplus Property Distribution Public Safety Representation On a daily basis, LCW provides advice, consul and representation to fire safety and law enforcement management and their respective executives in a variety of issues that impact professional public safety administrators. A number of LCW attorneys have had the privilege of representing public safety professionals for more than 30 years. Having proudly earned the trust and respect of several generations of public safety professionals, LCW accommodates the emergency nature of public safety related employee relations by being readily accessible to assist in addressing issues of administrative leave, administrative /criminal investigations, and investigative methodology and strategic planning. With its immense public safety related experience, LCW brings both legal acumen and practical knowledge to its client interactions. Disciplinary Investigations Our attorneys are experts in both the Firefighters and Public Safety Officers Procedural Bill of Rights and are always available to provide timely advice to your investigators. We routinely review investigations in order to assess the strengths and weaknesses of investigations and any discipline which may result. Our lawyers have obtained important appellate court victories including the following cases: Upland Police Officers Association v. City of Upland (2003) 111 Cal.AppAth 1294; Gilbert v. Sunnyvale (2005) 130 Cal.AppAth 1264; Steinert v. Covina (2006) 146 Cal.AppAth 458; Benach v. County of Los Angeles (2007) 149 CalAth 836; and Los Angeles Deputy Sheriffs v. County of Los Angeles, Los Angeles County Sheriff's Department et al (2008) 166 Cal.AppAth 1625. ® LIEBERT CASSIDY WHITMORE FIRM RESUME We continue to publish articles and present workshops on the topic of internal affairs/ disciplinary investigations. Our workshops identify the key components of a successful investigation including how and when to begin an investigation, who should conduct the investigation, how to maintain confidentiality, how to organize and execute an effective investigation, and how to evaluate the facts and take corrective action once the investigation is completed. Disciplinary Hearings Every disciplinary case is serious, but those which occur in the public safety context are not only serious but also complicated by the special protections afforded to public safety personnel by laws including the Firefighters and Public Safety Officers Procedural Bill of Rights Acts. Our lawyers have successfully handled hundreds of disciplinary cases over the years. Retirement Practice The firm provides advice and counsel to public agencies regarding the laws and regulations of public employee retirement plans, including PERS, the County 1937 Retirement Act, and local agency retirement laws, as well as on retiree health insurance issues. The firm defends public agencies that are sued regarding retirement issues, defends public agencies and their employees and retired employees in retirement in cases where PERS acts to reduce benefits, and represents public agencies in disability and industrial disability retirement appeals. The firm helps agencies defend against PERS and other retirement board audits and, where necessary, files administrative appeals to challenge any negative audit findings. Members of the firm advise on all issues related to PERS, 1937 Act and STRS benefits. For example, we provide advice and counsel to clients regarding retirement formulas, the rules on reportable compensation, PERS and 37 Act contract amendments, disability retirement procedures and obligations, service credit, GASB issues, unfunded liabilities, retiree health benefits, vested rights and elected official benefits. Retirement issues have major impacts on agency labor relations. The firm provides strategy and guidance during negotiations in regards to retirement benefits, including acting as chief negotiator. We review agency policies and collective bargaining agreements /memoranda of understanding to ensure that they comply with applicable law. We represent agencies in retirement related administrative appeals and litigation, and have assisted agencies defend claims of underfunding as well as fiduciary obligations. M LIEBERT CASSIDY WHITMORE FIRM RESUME Litigation Services Liebert Cassidy Whitmore attorneys strive to prevent employment or other disputes before they arise through education, training, audits, advice, planning, and cooperative employer - employee relations. When employment or other disputes do arise, our defense efforts are designed to meet each client's particular needs, goals, and budget. We specialize in representing public agencies in the defense of legal actions and enjoy the reputation of a results- oriented, successful litigation firm. We are experts in all phases of litigation in both federal and state courts: pleading, discovery, motion practice, alternative dispute resolution, settlement and trial. Our particular expertise is the defense of public agencies in actions brought by employees, former employees, applicants or other individuals alleging employment related claims such as violations of the California Fair Employment and Housing Act; Federal Civil Rights Acts (e.g., section 1981 and 1983 claims); Americans with Disabilities Act; Age Discrimination in Employment Act; Fair Labor Standards Act; Meyers - Milias -Brown Act; Family and Medical Care Leave Acts; wrongful termination; and violation of state and/or federal constitutional rights such as due process, First Amendment and privacy rights. The firm's attorneys have handled a number of cases that have culminated in jury trials resulting in defense verdicts. These cases included claims for violation of constitutional rights; violation of the Age Discrimination in Employment Act; violation of the disability provisions contained in the Fair Employment and Housing Act; reverse discrimination; sex discrimination; sexual harassment; national origin discrimination; age discrimination; intentional infliction of emotional distress and retaliation claims under both state and federal laws. Our expertise also includes defending and prosecuting claims on behalf of public entities related to business, contract and property issues and construction projects and practices, including contract disputes, delay claims, assessment of liquidated damages, stop payment notice claims, subcontractor substitutions, boundary disputes, and many other construction and business related claims. Consulting and Training Services One of the firm's greatest sources of accomplishment comes from its record of success in counseling and advising its clients on the best ways to avoid becoming a party to adversary proceedings. We were "pioneers" in the training field by creating "consortiums" of agencies. The thirty -two Employment Relations Consortiums (ERCs) are comprised of over 500 special districts, cities, counties, schools, and community college districts as well as other public sector agencies. LIEBERT CASSIDY WHITMORE FIRM RESUME As part of our ERC services, we provide ongoing training on current developments in labor relations and personnel law on subjects including negotiation strategies; performance evaluations; disciplinary actions; employment discrimination, including harassment and ADA issues; Family and Medical Care Leave Acts; violence in the workplace; effective supervision; grievance administration; law enforcement issues and special workshops for governing board members. Experience over the years confirms that not only have the member agencies found the consulting and training services helpful, but an invaluable opportunity for the exchange of ideas and information between agency management. The firm provides individual training services to public agencies on a half -day or full - day basis. We customize these training programs to the precise needs of the client. Members of the firm make presentations on employment relations law issues to a variety of professional organizations including: Association of California Water Agencies Association of Chief Business Officials California Association of Joint Powers Authorities California County Counsels Association California Fire District Association California Law Enforcement Association of Records Supervisors California Municipal Finance Officers California Peace Officers Standards and Training (POST) Academy California Police Chiefs Association California Public Employer Labor Relations Association California Sanitation Risk Management Authority California Special Districts Association California State Bar Labor and Employment Law Section California State Sheriffs Association Fire Districts Association of California International Personnel Management Association League of California Cities 6033 West Century Blvd. 153 Townsend St. 5250 North Palm Ave. 5th Floor Suite 520 Suite 310 Los Angeles, CA 90045 San Francisco, CA 94107 Fresno, CA 93704 tel: 310.981.2000 tel: 415.512.3000 tel: 559.256.7800 fax: 310.337.0837 fax: 415.856.0306 fax: 559.449.4535 ® LIEBERT CASSIDY WHITMORE 550 West "C" Street Suite 620 San Diego, CA 92101 tel: 619.481.5900 fax: 619.446.0015