SR-021208-1E~~~
Yo, City Council Report
Santa Dioniea
City Council Meeting: February 12, 2008
Agenda Item: 0 ,-.
To: Mayor and City Council
From: Karen Bancroft, Human Resources Director
Marsha Jones Moutrie, City Attorney
Subject: Legal Services Related to Labor and Employment Law
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute an amendment to the professional services agreement (retainer) with Liebert
Cassidy Whitmore Law Firm fora new not to exceed amount of $160,000 for
fiscal year 2007-08.
Executive Summary
The City Attorney's Office, the Human Resources Department and City Departments
use the services of outside legal counsel for assistance with labor and employment law
with regard to employee disciplinary matters, which includes representing City
departments in disciplinary appeal hearings before the Personnel Board. The firm also
provides the City with specialized training regarding various employment law matters,
such as "Preventing Workplace Harassment, Discrimination and Retaliation" and
"Performance Management Evaluation and Discipline." The Human Resources
Department has responsibility for coordinating with Liebert Cassidy Whitmore and the
City Attorney's Office monitors their work on cases.
Background
City staff is currently preparing for a competitive bidding process to develop a list of
qualified law firms that will be able to provide legal services with regard to employment
law on an as-needed basis. Completion of a Request for Qualifications is expected to
be completed in the summer of 2008. However, given the status of on-going legal
matters, for which Liebert Cassidy Whitmore is currently representing the City of Santa
Monica, the Human Resources Department is requesting an extension to use the
services of Liebert Cassidy Whitmore on a short-term, month-to-month basis in order to
ensure that there will be no disruption of legal representation and services; and training.
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Discussion
The City Attorney's Office and the Human Resources Department have utilized the
services of Liebert Cassidy Whitmore for complex labor and employee legal matters.
The professional services under consideration for City Council authorization at this time
provide for continuation of Liebert Cassidy Whitmore legal services that will include
legal advice and consultation; drafting and preparation of legal documents, and
attendance at Personnel Board hearings or other meetings, as required.
Liebert Cassidy Whitmore provides these specialized legal services, on an as-needed
basis. The rates currently being charged by Liebert Cassidy Whitmore range from One
Hundred Sixty Dollars to Two Hundred Ninety Dollars ($160.00 - $290.00) per hour for
Attorney time and from One Hundred Dollars to One Hundred Thirty Dollars ($100.00 -
$130.00) per hour for services provided by paraprofessional staff.
Financial Impacts & Budget Actions
Based on the services rendered and current invoices received to date, in addition to an
over the average number of disciplinary appeal hearings for fiscal year 2007-08, the
total amount owed to Liebert Cassidy Whitmore is expected to exceed the $70,000
administration threshold. Total expenditures for the extension of the professional
services agreement are not expected to exceed $160,000 for the remainder of the fiscal
year although specific expenditures will depend on employment issues that arise and
employee training demands. Actual costs will be charged to the appropriate Department
and Division account numbers as services are rendered.
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Prepared by: Karen Bancroft, Human Resources Director
Approved:
L
M rsha Jo s Moutrie
Ci Attor
Forwarded to Council:
Reference Contract
No. 8887 (CCS).