CC SR 20150915 J - Designation of Labor Negotiations RepresentativesCITYOF
MEMORANDUM
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RANCHO
PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: SEAN M. ROBINSON, HUMAN RESOURCES MANAGER
DATE: SEPTEMBER 15, 2015
SUBJECT: DESIGNATION OF MANAGEMENT REPRESENTITIVES FOR
LABOR NEGOTIATIONS ,, I
REVIEWED: DOUG WILLMORE, CITY MANAGER (N`�
RECOMMENDATION
Adopt Resolution No. 2015- ; a resolution of the City Council of the City of Rancho
Palos Verdes amending Resolution No. 2015-61 to change the designation of the City's
Lead Negotiator from Peter Brown, Esq. of the law firm of Liebert Cassidy Whitmore to
Colin J. Tanner, Esq. of the law firm of Aleshire & Wynder, LLP.
FISCAL IMPACT
There should be savings from this change in lead negotiators since the Partner rate at
Liebert Cassidy Whitmore currently is $325/hour and by contrast Aleshire & Wynder will
bill at its contract rate of $205/hour.
BACKGROUND
Municipal Code Chapter 2.48.030 is designed to encourage that the City's lead
negotiator in labor relations should not be an employee of the city and shall have
demonstrated expertise in negotiating labor and employment agreements on behalf of
municipalities. On November 12, 2012, the City Council Compensation Subcommittee
comprised of Councilwoman Susan Brooks and Councilman Jerry Duhovic supported
and recommended to the City Council the designation of separate legal counsel for
labor negotiations from the City's day-to-day employment relations counsel, as provided
by the law firm of Richards, Watson & Gershon. The City Council approved and
designated Peter Brown of Liebert Cassidy Whitmore as the City's Lead/Chief
Negotiator to conduct negotiations with the Rancho Palos Verdes Employee Association
(RPVEA). Since that time the City Council has amended that initial Resolution
(Resolution No. 2012-62) to include the City Manager and Human Resources Manager
to assist the lead negotiator (Resolution No. 2015-23) and amended again to include
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the Director of Finance (Resolution No. 2015-61) as part of the negotiating team for the
City.
DISCUSSION
On September 1, 2015, the City Council approved the contract with Aleshire & Wynder,
LLP to provide contract City Attorney services for the City. With the change of law firms
from Richards, Watson & Gershon to Aleshire & Wynder, LLP, it made it possible to
consolidate all attorney services under one firm to maximize efficiency. Currently, the
City uses Liebert Cassidy Whitmore for all personnel and labor negotiation related
matters at their Partner rate of $325/hour and by contrast Aleshire & Wynder would bill
at an attorney rate of $205/hour for labor negotiations.
Aleshire & Wynder is a unique law firm dedicated to the representation of public entities
by providing innovative, ethical, and cost-effective legal representation. Colin J. Tanner
is an AV® rated attorney (Martindale -Hubbell® Peer Review RatingsTM), founding
partner of the Firm, Chair of the Firm's Labor & Employment Practice Group, Chair of
the Firm's Personnel Committee, and Co -Chair of the Firm's Litigation Practice
Group. In these capacities, Mr. Tanner advises the Firm's municipal clients regarding
their labor and employment practices as well as defends and/or prosecutes litigation
claims on their behalf. He also practices in the areas of preventive liability, insurance
coverage, and business litigation for the Firm's public and private sector clients.
The City has been in negotiations with RPVEA since 2011 and to date has only mutually
achieved a "baseline" Memorandum of Understanding in 2014. This is a good time to
consolidate all attorney services to Aleshire & Wynder and to take a different approach
in getting the negotiation process completed with a new Lead/Chief Negotiator.
Attachment:
Resolution No. 2015- (page 3)
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RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2015-
61 REGARDING THE DESIGNATION OF THE CITY'S
MANAGEMENT REPRESENTATIVES FOR LABOR
NEGOTIATIONS.
WHEREAS, on October 18, 2011, the City Council adopted Resolution
No. 2011-85 to recognize the Rancho Palos Verdes Employees Association
(Association) as an employee organization for purposes of employer-employee
relations under the Meyers-Milias-Brown Act (Gov't Code Sections 3500-
3511)("MMBA"); and,
WHEREAS, City Council adopted Resolution No. 2011-85 designated the
Human Resources Manager in cooperation and consultation with the City's labor
counsel to implement the resolution in conformance with the MMBA and to serve
as the City's principal management representative to meet and confer with the
Association, as required by the MMBA; and,
WHEREAS, on November 12, 2012, the City Council adopted Resolution
No. 2012-84 designating Peter Brown, the City's Labor Relations Counsel, in
cooperation and consultation with Steve Larson, the Interim Human Resources
Manager, to implement the resolution in conformance with the MMBA and to
serve as the City's principal/lead management representative in all matters of
employer-employee relations, and to serve as the City's lead negotiator to meet
and confer with the Association, as required by the MMBA and Chapter 2.48.030
of the Rancho Palos Verdes Municipal Code; and,
WHEREAS, on April 7, 2015, the City Council adopted Resolution No.
2015-23 designating Peter Brown, the City's Labor Relations Counsel, in
cooperation and consultation with Doug Willmore, City Manager and Sean M.
Robinson, Human Resources Manager, to implement the resolution in
conformance with the MMBA and to serve as the City's lead/principal
management representative in all matters of employer-employee relations, and to
serve as the City's lead negotiator to meet and confer with the Association, as
required by the MMBA; and,
WHEREAS, on July 21, 2015, the City Council adopted Resolution No.
2015-61 adding Deborah Cullen, Director of Finance to assist the City's lead
negotiator and serve as one the City's representatives to meet and confer with
the Association, as required by the MMBA; and,
WHEREAS, the City Council wishes to change the designation of the
City's lead/principal lead negotiator and confirm the City's labor management
representatives;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
Section 1: Section 4 of Resolution No. 2015-61 is hereby amended to
read as follows:
"Section 4: Colin J. Tanner, shall be the City's Labor Relations Counsel
and lead labor negotiator, with the assistance of and in cooperation and
consultation with Doug Willmore, City Manager, Sean M. Robinson, Human
Resources Manager, and Deborah Cullen, Director of Finance, who shall be
authorized and directed to implement this resolution in conformance with the
MMBA and to collectively serve as the City's labor relations management
representatives in all matters of employer-employee relations, and they shall
serve as the City's representatives to meet and confer with the Association, as
required by the MMBA."
Section 2: This Resolution shall take effect immediately.
PASSED, APPROVED and ADOPTED this 15th of September 2015.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 2015- was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on July 21,
2015.
City Clerk
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