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