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Home My WebLink About07. Discuss strategy for the succession of District Counsel Kent Alm Page 1 of 4 Item 7. CENTRALSAN Jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT September 18, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: TEJI O'MALLEY, HUMAN RESOURCES MANAGER REVIEWED BY: KENTALM, DISTRICT COUNSEL ROGER S. BAILEY, GENERAL MANAGER SUBJECT: DISCUSS STRATEGY FOR THE SUCCESSION OF DISTRICT COUNSEL KENTALM At its September 8, 2020 meeting, the Administration Committee reviewed options for the succession of District Counsel Kent Alm. The Committee provided input to expand these potential approaches to include outreach efforts that would focus on the following types of candidates for Central San. These candidates could then apply through a recruitment (option 1 below) or Request for Proposal (RFP) process (option 2 below), whichever is applicable. • Sole proprietor who would be exclusive to Central San • Sole proprietor with more than one client • Small lawfirm Additionally, the Committee recommended that Mr. Alm conduct a solicitation of interest within his personal contacts, the California Association of Sanitation Agencies, and other related networks for the candidate types indicated above. I nstead of or in addition to Mr. Alm's solicitation efforts, the Board has two options to consider: Option 1 - Perform an executive recruitment and contract with an individual attorney as an independent contractor who is not a member of a larger public law firm, or who may currently be a member of a law firm but open to make the transition to a sole proprietorship with only Central San as a client or up to a few clients in total. Option 2 - Issue an RFP for legal counsel services and contract with an independent law firm. This would be similar to the District's previous contract with Meyers Nave when Mr. Alm was a principal in the firm. Projected timelines for Mr. Alm's solicitation and Options 1 and 2 (Attachment 1) and a comparison of sister agencies' general counsel services (Attachment 2) are attached. As the Board proceeds in determining the succession plan for Mr. Alm, the following criteria can be taken into consideration: September 18, 2020 Special Board Meeting Agenda Packet- Page 90 of 154 Page 2 of 4 1. Cost 2. Consistency of coverage 3. Availability and responsiveness 4. Experience in the wastewater industry, regulatory and environmental compliance, litigation, contracts, etc. 5. Conflicts (real or perceived) 6. Familiarity with the community served 7. Continuity of services in the event of a change in representation At its September 8 meeting, the Administration Committee recommended the full Board discuss and come to a consensus for a path forward. The Board is asked to decide the following: 1. Whether to limit the type of candidates to the following: • Sole proprietor who would be exclusive to Central San • Sole proprietor with more than one client • Small law firm 2. When Mr. Alm should begin his solicitation efforts - immediately or concurrently with the Board's choice of Option 1 or 2. 3. Between Option 1 (utilizing a recruitment firm) and Option 2(issuing an RFP, managed by the District). This decision can be made now or after Mr. Alm's solicitation efforts have been completed, and a potential candidate pool has been identified by Mr. Alm. Strategic Plan re-In GOAL FOUR: Workforce Development Strategy 1—Proactively plan for future operational staffing needs ATTACHMENTS: 1. Timeline for Mr. Alm to Solicit Interest, Option 1, and Option 2 2. Sister Agency Comparison September 18, 2020 Special Board Meeting Agenda Packet- Page 91 of 154 Attachment 1 Estimated Timeline for Succession of District Counsel via Mr.Alm Soliciting Interest and/or Recruitment(Independent Contractor)vs.RFP(Law Firm)Process Q 0 0e Mo 2111 ii,� x- Evaluate Select and Negotiate Obtain Final Approvals m Prepare Advertisement Responses Schedule and L E ® Hold Interviews Materials Select candidate. Committee and Board review and c Board Ad Hoc Y Collect Responses Committee Board Ad Hoc approval(depending on w c Contract with firm. Perform Administration Committee and/or sd Accept applications during the filing period. pre-employment checks. Board meeting schedule). c screens Committee applications and holds interviews c a Develop and finalize job selects with top � = 0a description and related Conduct job offer Successful candidate provides % E candidates for candidates. Mr.Alm Solicits " recruitment materials. interview. negotiations. notice to employer if needed Interest (could take from 4 to 6 weeks). Develop and finalize District Counsel scope of work and job I I I I I I I I I I I I I I I I I I I I I description,and provide materials Week 1 Week 2 We Week 5 Week 6 Week 7 Week 8 Week 9 Week Week Week Week Week Week Week Week Week Week Week Week Week to Mr.Alm for his 10 11 12 13 14 15 1 16 17 18 19 20 21 22 use in soliciting I I I I I I I I I I I I I I I interest from various �f networks. Mr.Alm conducts Prepare search and Advertisement gathers potential Materials candidates which • ,��, could include any Develop Scope of SIM of the following: Work(determine ® Select and Negotiate R minimumScheduleandSole proprietor qualifications and Collect Responses Hold Interviews Board Ad Hoc Committee — who would be evaluation criteria, Evaluate completes evaluation and exclusive to review existing Obtain Final Approvals scopes and make Written questions from respondent Responses Board Ad Hoc recommends award Central San law firms due 2 Committee 1 week). modifications, ( ( Committee and Board perhaps review weeks). Board Ad Hoc interviews Sole proprietor other agencies' Committee highest-scoring Contract negotiations if review and approval with more than (depending on one client scopes). Central San responses to evaluates respondents. changes are requested to Administration respondent law firms'questions proposals and the contract template Committee and/or Board Small law firm. Determine (1 week). determines Interview included with the RFP contract template shortlist. respondents, (2 weeks but could be as meeting schedule). (5 weeks total) to send with RFP. Proposals due(1 week). generally all in long as 2 months Draft documents the same week. depending on extent of for release of changes). RFP. Identify Board Ad Hoc Committee for screening. September 18, 2020 Special Board Meeting Agenda Packet- Page 92 of 154 Page 4 of 4 Attachment 2 - General Counsel Services Comparison August 2020 Agency General Counsel Comments Services Contra Costa Water District Private Law Firm CCWD contracts with Bold, Polisner, Maddow, Nelson & Judson (BPMNJ) for all General Counsel Services. Delta Diablo County Counsel Delta Diablo contracts with the Contra Costa County Counsel office for all General Counsel Services. Dublin San Ramon Services Private Law Firm DSRSD contracts with Bold, Polisner, Maddow, Nelson & District (DSRSD) Judson for all General Counsel Services. East Bay Municipal Utility Employed as FTEs EBMUD employs a General Counsel, an Assistant General District (EBMUD) Counsel and seven staff attorneys. Union Sanitary District Private Law Firm Union Sanitary contracts with Burke, Williams & Sorenson for all General Counsel services. September 18, 2020 Special Board Meeting Agenda Packet- Page 93 of 154