HomeMy WebLinkAboutJ. NICHOLAS COUNTER III - MITCHELL, SILBERBERG & KNUPP - 1979-10-151' }
10
AGREEMENT BETW"-,EN THE CITY OFF HU14TINGTON BEACH, A
MUNICIPAL CORPORATION, AND J, NICHOLAS COUNTER I.T.I,
FOIR THE CONTINUATION OF LABOR RELATIONS SERVICES
THIS AGREEMENT, made and entered int!) this � daY of
r 9 td 1980, by and between the CT.`!'Y OF Hf7NTIhGTON BEACH,
2000 Main Street, 'Huntington Beach, California, a r;;:.nicipal Y
"
corporation, hereinafter ref erred to as "CITY", and J. 41CHOLAS
COUNTER III, hereinafter referred to as "CONTRACTOR". � ;x
WITNESS ETH:
YCECITALS
1. The CITY t'as a nee . -I for a. labor relations negotiat--
I
anew desires to fill the position with an indeependevt contractor,
to be hired on oont:ra c t: .for a limited term as provided herein.
2. aid fONT�.A:"TOR w-.l1 not be a member of > I'TY'L per-
sonnel eystem, and CITY has no obligation to retain suctt CCt _
TFACT3R's services beyond, the term of this agreement.
3,. CITY has reviewed the requirements for 'the position,
has conducted the sel ca tion processes as re juired by its ordl-
nances, bas found CONTRAC''`20R to be qu.al t."ied and willing to cones
tract with CITE` for that position under the terms and conditions j
set out herein, and now agrees to continue the existing agreement
with CONTRACTOR, except as otherwise modified herein;
NO*W, THEFs PORE, the parties coverant and agree as foll.ow5:
1 COt-TRAGPUAL AGREEMENT
CITY hereby contraots with CONTRACTrkR outside CITY's personnel
xtyatem as an indeper ent contractor to fulfill the duties of City
1
Labor Relations Negotiator and Special Labor Relations Counsel,
Y»t
'- 4f
CONTRACTOR hereby accepts and agrees to such contractual agree-
ment:
-ON s RA -TOR shall perform for C1 : i the following
(a) City Labor Relations Negotiator
(b) Special Labor Relations Counsel
I
2 . TERM
&
Rr �v
The term of contract, and of this agreement, shall be for
one (1) year and shall commence January 1, 1981, and shall ter-
�
E
urinate December 31, 1981.
3.. OPTION TO TERMINATE
f Either party has the right to terminate this agreement for
good cause: appearing at any time after the effective date of the
term of the agreement upon tern: (10) days' written notice to the
other party. Good cause as used herein shall mean failure to
compensate, CONTMC'TOR, and any willfull or negligent act or omis-
sion by CONTRACTOR which is to the detriment of CITY.
9. ComPENSATIOP
CIZI shall pay COMPACTOR, and CONTRACTOR agrees to accept
from CITY as full payment for CO`NTRACTOR's services as City
i >
Labor figego Iator, up to the point of impasse, if any, compensa-
tlon in the amount of Fifteen thousand dollars ($15,000) annually,
to be paid by CITY in _A. nthly installments of twelve hundred fifty
dollars ($1.,250) in arrears for each month of the term hereof.
ror services to be providers as Special. Labor Relations Counsel,
or for services as City Labor Negotiator beyond impasse,
CONTRACTOR shall be paid as additional compeneation ninety-five
dollars 095) per b,3ur for each hour of service aCtUally rendered.
For the term of this agreement, the total compensation paid to
CONTMOTOR by CITY shall not erceed thirty-five thousand dollars
5. PERFORMANCE
CONTRP-urOR shall at all times faithfully, iniae"Iriously and
to the best of his ability, experience and ta'21ent, perform all
duties that nay be required of and from him pursuant to the expires$
and implicit terms hereof, to the reasonable satisfaction of CITY.
GONTRAMOR is not empowered to and agrees not to melee com-
mitments for or on babalf or CITY without the expreas consent or
the City Council.
6ENTIRETY
This written agree-ment contains the ztie and entire agreement
betweea the Parties. It SUpers63es any and all other agreements
between the parties. The partioa aoknowladge and agree that
neither or them has made wny representation with respect to, the
subject utter of this agreement or any representations indu,cIng
the areaution and delivery except such representations as
are specifically set forth herein, and each party acknowledges that
he or It has rolled or- his or its own Judgment. In entering Into
the agrtueztnt* The parties further aaknowledge that any statements
OV Vepr6sentatlons t,!aat may have herttofore been made by either or
them to de other 4r* void "d of no eUleat and that neither of
them has r6lied the eon In connection with his or, Its dealings
with the othl'-V.
a
7 . WAIVER
So waiver or modjfieation of this agreement or of any
covenant, condition, or limita.t .on herein contained shall be
valf d unless in wL-iting and duly executed by the party to be
charged therewith. Furthermore, no evidence of ;3.ny waiver gar
modification shall be offered or rece'�,ved in e�.rtdenle in any
. R
proceeding, arbitration, or litigation between the partiesra
arising out of or affecting this agreement, or the rights or
:
oblAgations of any party hereunder, unless such waiveror modi-
� r
fcaion is in writing, duly executed as aforesaid. The pro-
visions of this paragraph may .not be waived except as be;reir
set forth.
8. DISCRIMINATION
CONTRAMOR agrees that in the performance of the terms of
this 'agreement, he will not. engage in, nor permit his agents to
enrage in, di.sorixiiaation in employment of persons because of
race, religious cre&J, color, national origin, ancestry, physical
hfandiaap, medical condition, mavital status, oi• sex of such per._on$,
;.
except as px :vided in Labor Coda Section 1420. Violation of this
provieU3 a mipy result in the ImpositIon of penalties r cforred to
in DivItsi,on 2, Part 7' Chapter I of the California Labor Code.
9. WORMS-' COMPENSATION
CONTRACTOR shall oompl.y with all of the provisions of the
VorkersCompensation Insurance and Safety acts of the Statf o
Cal.if'orni,a, the ap.plIcablo proviaion:s of Divisionu 4 and 5 of
the Cal.ifomia :labor Code and all a:send ent-. thereto; and all
similar state or federal acts or laws applicable; and shall'
indemnify, defend and hold harmless CITY from and against
4 k'
all claims, demands, payments, suits, actions, proceedings
and judgments of every nature anddescription, including
attorney's fees and casts, presented, Drought or recovered
against CITY, for or on account of any liability under anygt�'
of .said: acts which may be incurred by reason of any worst, to
x
�.
be performed b CONTRACTOR under this agreement.
p y�+
'``
� , c
10. INDEPENDENT CONTRACTOR
It is further understood and agreed that CONTRACTOR is,
x and shall be, acting at all times as ai, independent contractor
herein and nit as an employee of CITY. CONTRACTOR shall secure
at his expense, and be responsible for any and all payment of
i;ncoms:� tax, Social security, state disability insurance dampen-
s=tion, unemployment compensation and other payroll deductions
for CONTRACTOR and his offic-I agent: and employees and all
s
business licenses, it any, in connection with the services to
be performed hereunder.
11� SPECIAL RELATIONS CO-UNSEL. EXTRA COWENSAION'
It is further expressly agreed and understood that no
hourly chari qes for :services as Special Labor 'Relations Counsel
to CITY will be incurred except pursuant to the prior written
.request of the City Administrator and the City Attorney,
5
114 WITNESS WHEREOF, the parties hereto have executed this
agreement the day, month and year first above written.
CITY OF HUNTINGTON BEACH
ATTEST:
Mayor.
APPROVED AS TO FORK:
��A ���C'��4�%'�'�.r''%a.l��"l�"/L,.��i�r!•''�d' i,,,,.�I' °� tk ��.�''� ' �"u -
C ty C] er /zft 0 City Attorney
INITIATED AND APPROVED lr
r+Ea4jc d
city AdminiYtrator -
6
Y
,
SUPPLEMENTAL i AGREE
:«.EIS � NO . � By AND BFTWEEx
SHE I r FI?ri� I'HG ToN BEACH, A �xl i3I�iI'��L
t;tRP7BATit3"I, AND j, NIGIM;'AS COUNTER, FOR THE PROVISION O- -ABOR RELATIONS BER*I E:
f F?t?v .'in a T'eE m: nt by ana � f
5a ° 3Q er fal No. I to that �$
x ,te-,al corporation,
en the city of Hunting each,
ti ti'I~ER, III '�
a'fnSi
hereinafter referred tc� az �!C� >,.t b .„ If:, 1979.
hereinafter referred tO e v
. dr�Ire ter
t;� increase
tia� ra
e art!,. ' + w .
'7xiE.RE.A �, the -,gr+en aat 4> to be paid
of the agreer:>en t and tG,it r q c' SE E'
�a�1lTr:iTOi"`c. � £3.c s arll��s
• NOW THEREI~> th.., E, are" ; es c<�ver,, nt ax'� aF �'-`�'<
e �
4ih€ "''f t 1P !+'gr e mane is
2,
vt x,.��ji 1LtiY{e„"jTf«aFi:& for
« The tott l �'.*.,�°r,,r�enzat Ion to be raid
az City is Int
#� a rb t ti added tO �Ze'' rag �i°3i
The � �� � : �i 22� � d
er
at?� s servile "r•c"«�'s e re.nd�?3'e �' -he
this paragraph exL-eptln with the adrasrce e,,)ncur—
renee of the City
, Attorney."
III t ae k r *t i ;+rat' cif Ixe a ,re�em). n at -tall be and. r� *malty
iz fal.1 force and ntfeCt for the terry h. ereof
Eat 4,1UTE at Huntln �� n Bp�,,c`h, :;alb forma this
", j day r f
Mnjcj,�aj corporation
APpROVED AS TO VORM'-
Piayrxr
✓" ti
� 4
t A�.tarne
! xC'
5k-Y Administrat&r
PERSONNEL D'TRECTOR
AGREEKENT BETWEEN THE CITY OF HU .'TINGTON BEACH,
A MUNXCI'PAL CORPORATION AND J. NICHOLAS COtT7'.d.°ER,,
III, FOR THE PROVISION OF LABOR RELATIONS SERVICES
THIS AGREPU4ENT, made and entered into this day ',)I,
416 1979, by and between the CSC OF HUNTI 1GTO
ZEACct, y000 Main Street, fiurtington Beach, California, a manic--
ipal corporation, hereinafter referred to as CITE'," and J.
NICROLAS OOUFrER, I11, heteinafter referred to a "CONTRACTOR."
W I T N E S S FTHt
RECITALS
1. The CITY has a need for a labor relations negotiator
and desires to fill the position with an independent contractor,
to be hired on contract or a limited, tern as provided herein,
Said CONTRACTOR will not be a member of CITY' S per-
sonnel sy.>tem, an6 CITY has n* obligation to retain such CON--
` MC`I WS services beyond the term of this agreement.
3. CITY has reviewed the requirements for the position,
as conducted the selection processes as required by its ordi-
v Vol
nances and has found CONTRACTOR to be qualified and willing` to
�f
contract With CITY for that position under the terms and con-
c.
ditions set out beirein.
4 TF1ERZrt0Er the parties covariant aitd agree as fOliows
1 CG' TRA "INAL AGRU'148NT
4�ITX .hereby contracts with (,"QNT:RACTGR outside the CT'I'V �w
CITY'S personnel system as an indeperdentr contractor to ful-
fill the aut::ios of City Labor Relations NegotLat:or and Special
Labor Relations Counsel:, CONTRACTOR hereby accepts and agrees
to such contractual agreement:
CONTRACTOR shall perform for. CITY the following
-
(a) City Labor Re.z.ations Negotia-_or.,
t b) Special Lat•or Relaclons Counsel.
2. TS
The term of contract, and ofthis agreement .hall be for
one (1) year and thal.l conmence ,Tune 20# 1979, and shall 'terminate'
June 20, 1980.
.a.
3. OPTION TO TERMINATE
Bit.her party has he right to terminate Ithis agreement for
goodcause appearing at any t:ist:e after the effective date of the
term of the agreement upon tan (10) days' written notice to the
other party. mod cause as used herein shah mean failure to
c nsate C�iNTRACT R,, and any willful or negligent act car or %s-
Sion by CONMACTCR which is to the detriment. of CITY.
4 -, COMPENS AMION
CM shall pay CONTRACTOR, and CONTAACTOR agrees to accept
from CVY as full payment f*r CONTRACTOR'S services as City Labor
Negotiator, up to the point of impasse, if any$ compensation. in the
amount of thir'teenL thousand two -hundred dollars ($13 200) annually,
o be p4ld by CITY In monthly install,metits of eleven hundred dollars
t l.x100i in arrears for each month of the tCerm hereof. For services
tol ba prcvidod as S �i.a.l Labor Relations Counsel or for services
as City L4bo- gotlator beyond i,mpassep. CON'S.'RACTOR shall be pail
S
as additional compensation seventy-five dollars ($75) per hour
for each hour of service actually rendered. For the term of this
:N'
agreement, the tttal compensation paid to CONTRACTOR by CITY shall
not exceed thirty-five thousand dollars ($35,000).
5� PERFORMANCE
CONTRACTOR shall at all times faithfully, industriously and
to the best of his ability, experience and talent, perfom.. all
duties that may be required of and from him pursuant to the express
and implicit ternu; hereof, to the reasonable satisfaction of CITY.
CONTRACTOR is not empowered to and agrees not to make Com-
mitments 'for or on behalf of CITY without the express consent of
the city Council.
6. ENTIRF-TY
This written agreement contains the sole and entire agreement
betwoen the patties. It supersede, any and all other agreements
between the partios. The parties acknowledge and agree that
neither of them has made any representation with regpeot to the
subject matter of this agreement or ay4y representations Inducing
the 4Xocutioa and delivery hereof except such representations as
are specific -ally set forth herein, and each pa--,ty arknowledges theft
)it or It. has relied on his or its own judgment in entering xito
the aqroemontw The parties further at vmowledge that: any statements
or 1--bat may have heretofore been made by eitber of
them to to ot.i-Ezr are void and of no effect and that: )either of
then has rolied tbereon in connecti-i- with his or its dealings
with the other
E
7. WAIVER
No waiver or modification of this agreement or of any
covenant, condition, or limitation herein contained shall be �;..
Faalid unless in vriting and duly executed by the party to be ,.
s;
charged therewith. Furthermore, no evidence of any waiver or
modification shall be offered or received in evidence in any
proceeding, arbitration, or litigation between the parties
arising out of or affecting this agreement, or the rights or
obligations of any party hereunde_, unless such waiver or modi-
fication is in wtitinq, duly executed as aforesaid. The pro-
visions of this paragraph may not be waived except as here -in
se -I forth.
B. DISCRIMINATION
CONTRACTOR agrees that in the performance of the terms of
this agreenen�-, he will not engage in, nor permit his agents to
engage in, discrimination in employment of pert ons because of
race;, religious creed, color, national orijin, ancestry, physi-
gal handicap,: medical condition, marital status, or sex of such
,t,ersons, except as provided in Labor Curie Section 1420. Viola-
tiion .of this provision may result in the imposition of penalties
referred to in Division Z, Past 7, Chapter 1 of the California
Labor Code ,s {
CONTRACTOR shall camply with all of the provisions of the
Workersl Compensation xnsurance and Safety Acts of the State of
Californi-ar the, applicable provisions of Divisions 4 and 5 of
All
r
the California Labor Code and all amendments thereto; and all
similar Mate or federal acts or laws applicable; and shall in-
demn fy, defend and hold harmless CITY from and against all
claims, demands r payments, suits, actions, proceedings and
judgments of every nature and description, including attorney's
fees and costs„ presented, brought or recovered against CITY, for
or on account of any liability under any of said acts which may
be incurred by reason of any worm to be performed by CONTRACTOR
under this agreement.
10. INDEPENDENT CONTRACTOR
It is further understood and agreed. that CONTRACTOR is r and
shall be, acting at all times as an independent contractor herein
and not as an employee of CITY. CONTRACTOR shall secura at his
expense, and be responsible for any and all payment of income tax,
serial security, state disability insurance compensation, unemploy-
ment compensation and rather payroll deductions for CONTRACTOR and
his officers, agents and e:mpi.)yees and all business licenses, if
any, in connection with the �,; wires to be perforned hereunder;
It is farther expressly agreed and understood thot.. no hourly
charges for services as Special 'Latter %elations Counsel to CITY
will be incurred except pursuant; to the prior writtenn requests of
the City Administrator.
IN WIT S$ WHEREOF, the ,pas ties hereto have executed this
Agra t oot the day, month and year first above written.
CITY OP HUNTINGTON BBACH
ATTEST
Mayor
�
,
g `it ?hd inistrator
V
o
�Z
I I
,
CF COUNTER, III
'f
P. 8" sox 190
HUNTINGI°1H BF4CH
CALIFORNIA 92648
TELEPHONE
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L/IN OFFIC CS `
M[TCHFLL,S1L85RBE:RG & KNUPP
t000 cENTu RY' PARK EAST
LOS AN:GELES, CALIFORNIA 90067
12931 5531 50t;o
flonorab� e Mayor and Members
of the City Council
City of Huntington Beach
Huntington Beach, California 9264
Honorable Mayor & Gentlemen;
" PcPLN PLEAgt RCTr,e. m
Pursuant to the written statement of specifications,
conditions and other requirements for labor relations counsel
I s approved by Mr. Rowlands, City.Admi.nistrator, and submitted
to us by Mr, BoPfa, City Attorney,. we are hereby submitting
our fee proposal for rendition of the services spee;ified there-
in.
a., With respect to specifications numbers 1 and 2, we
would propose an annual retainer of $13,200.00 payable at the rate
of $1,100.00 per month, commencing with the month c,=. May, 1976.
to addition, of coarse, we would charge the City for actual out-
of-pocket expenses such as long distance telephone calls and similar
items„ We would not expect to be reimbursed for travel expenses,
unless we would be required to travel outside the Los Angeles -
Orange County metropolitan area, which does not seem likely. Lx-
cept as set forth abovee out-of-poc%et expenses would be charged j
only upon authorization by the City. r
2. With respect to specification number 3, we would
propose to perform suca services on an hourly fee basis of $75.00
per hoar. This would include adu i.sory arbitration.. �
3. As to 'specification number 4, we would, of course, ex-
pect the City to provide us with general directions in the conduct
of meeting and conferring. However, if we were to be ,,retained, we
would grant to come to a clear understanding as to our role and
authority as spokesmen fog` the City on matters within the scope of
representation. We would also, want to define how our role will
xelate to the, roles of the City Council and the C,ity"s staff, includ-
ing, of course xaembe4s of the staff who would participate in meet
and confer sessions. Ve have fi�und brat such clear dofiniti.ons ahead
Page Two
April 30, 1976
To: Honorable Mayor and
Members of the City Council
Huntington Beach
of time are very helpful in avoiding subsequent misunderstandings_
With respect to all matters handled by us we would under-
take to staff the matter with an attorney in our enpartment fully
conversant with and competent in the field of labor relations or
law that iq involved. We would, however, reserve the right to de-•
ter --mine who that person should be in each particular instance.
You should know that it is our practice to have the same attorney
carry a negotiation all the way through barring an illness,
If the foregoing proposal is accepted and approved by the
City Council, we understand that we will be ,advined accordingly in
writing., in any event, we are extremely gratifies to have had this
opportunity to be considered for this representation.
,Sincerely,
Z/1
" of
6TATL,uAa 'i OF Tfit ACTWI� Off. THE Cl` Y � wi- Is,
Council Chamix°r, ,'Ity <:;axa
Huntington Beach, Cal s..,)rrs','
r , •..r ;r ' N—JW,
rfa as Wi�i3er_ called the regular . � '�puz�e�? meting of the, City Cw inci l
o'. ct.e Cttz of fluntington Beach to artier at 7too p.m.
Y7AO'3pr
****A*4 AVtks'r tE l+alk**fr tic'k 7e t**ti1'.'A'.&*-tr+k'�c ie pk47rxyc �t#it k#*#&1t**ik'*7k¢/r;ir i*p'+rt#it#ak eY Ee#**d*R*##*kat kaY*#**fit is
SELECTION OE MITCHELL, SILBMMERG & KPA1pP AS T;,MR RELATIO14S COOTNSL?L+
The City Administrator informed Cousacil that they had been provided with
copies of his communication relative to the .selection of a Labor Relations
Couasel. He then informed Coancii of the recos=unendation that the .firm of
Mitchell, Silberbarg & Knupp be selected as labor relations counsel for the
P•,`
City.
Discussion vas held by Council and the City Attorney reported on the matter.,
A motion kx33 MBtie by 3heTik.-ran, second by Bartlett, that the City Council sett
the .firs. of Mitchell, Silbercberg & Xnupp as labor relations counsel for the Citys
app,-oye their fee proposal, dated April 30, 1976, an direct theMayor ayor and
City Cleric to eYecute sam, subject to the following conditions. 1. t k".r.
Nicholas counter III shall, personally 'do the negotiating for C-5tV 2. Th,a�.
the agreement shall terminate one year after date of approval, by City Council
or sooner upon thirty days written no -ice of termination by either party
3. That the comet shall not exceed $25, 000, and City to re�.ei ve nsonthly reprarts
from the firm of iitchell, Siiberberg and Xnupp. The motion was parsed by
t "
the following vote:
�
.'YES. S1jrtl,(!ztt, pa.ttii'lson, Caen, Gibbs, Siebert, Shenkmn, Wtedex
HOES; ".tone
AWM"w Muse
On modern = art " the regular tL.._ me#etzf°: of to> x City
?council of the City of Hantxngton Beads adjourned at i t -in P Y, `
to al t in the
q%o ^x tion was passed by the following vote-.
Ayl.S; #w a,�s t.as
SOBS:
Alicia K. ofentworth
City Clerk arAd ex-officio Mier%
of the City Council of the :;iity
A' L5T% or Runtington Beach, California
A13,u a, R. Wentworth Harriett H. Wieder
city'Clark _ Mayor
County of orange i SS
City oft fiant�Aqton444ch)
11 AS ILIA m. W4'NMRT4# the duly elected and glal.ified City Clark Of thrw City
f ftwittilgton SeA!t :h# California 40 hereby G0rt4ty that the above and fdregcing i-s s
tBatt; 411 . OrrOc t, St4ttment of Action of the City Council of said City -it their regular
``�P:iazL WOtigg held On the—'Jethday 04, may _ r 19_•
Wl'xUS". Wy is4ad and seal of the said, City of Hta.-ztitsgtOq 'Beach this theme day of
L C-'ty i :5rk and k ff scio 'Cla rk
of cowyrytoii oZ thecity
gtppho.y yCityt
{y�
o €k+M+d.fr.i: +T7 '4w1•Ari,��`,n.
E i I°li"Y OF HUNTMOTON BEACH
`t COUNCIL. • ADMINISTRATOR COMMUNICATION
i+ rrxacro+suC+ APPROVY. a BY cITY COUNCIL. '
TO Honorable Mayor and front rank S. Arguello.
City Council Members �' ��• cti ng City Administrator
CL'rr tm
Subject CITY NEGOTIAT,)R s r Dale�Piovember 17, 1980
CAL ENDAR YEAR 1981
M
s
Attached is a letter from Mr. J. Nicholas Counter, III, which is
in response to my request to him to supply me with a formal proposal j
regarding our negotiation contract. Mr. Counter's agreement with
the City will terminate on December 31, 1980, and I believe that it
is in the best interest of the City that we move to acquire the ser-
vices of a labor negotiator at the earliest possible opportunity.
I feel that the City should continue to utilize the services of an
outstanding negotiator in w3rking with the several employee organi-
zations, I plan to revise the negotiation team somewhat in the fu-
ture by adding a person from the Finance staff in order to add fiscal
and operational integrity to our tears-. By utilizing Personnel, Fi-
nance, departmental and genera) szpport to the negotiations, we should
be in a position to properly cover all bases in next year's negotia-
tions. It .should be made clear to all concerned that staff is support
only and that the negotiations are handled by the outside consultant.
I have reviewed sir. Counter's past performance and find that he has
dome an excellent fob and has con„.inuously strived to carry out the
policies as set forth, by City Council. Mr. Counter is highly regarded
in his field and, therefore, lends considerable credence to our negot-
iation capabilities. The increases requested by 14r. Counter appear
to be within reason and are acceptable under current operating circum-
tamces
I would, therefore, recommend that the City Council approve the ex en
s'ion of Mr. Counter's extsting contract, with amendments, for calen-
dar; year 1981', An early approva 011 permit staff to ygir, prepara-
tion for the next negotiation ands hopefully, will fend to timely and
satisfactory conclusions in all ersployee contract negotiation areas.
I will be bringing this matter up for Council action at the mee-tinq
of Dgeember 1,50 1580, at: which time a full Council vi' f be in attendance.
A,ttaOMsnt 1D
t.,AW OFFtcts
Ml CH ELL, SILBERBERG & KNUPP
16.00 C"TURT PAIR6 GAIT
LOS ANGELES, CALWORNtA 900157
CAnLC A00f%E 55'
ItaLeex 150^MA7
November 6, 1980
�,A. PRO/tbl�i WIe3., GTh'1-'b�l'44x
Mr. Frank: B . Arguello
.Acting City Administrator
City of Huntington Beach
P. A. Box 190
Huntington Beach, California 92648
}
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.ear fin,
Pursuant to staff's request, this will set forth
my proposal tor an extension of ' the eac.ist ng contract
with the City for labor relation services for calendar year
1981. The proposal is as follows.
I. Vor services rendered as the city's negotiator,
a Monthly retainer of $1, 25 0 per month,
2. Vor services to be provided as special labor
relations counsel: or for services beyond impassee $95 per
hour for each hour of service actually rendered.
3. The term of the agreement cfuld be extended to
becember 31, 1981.
s
4. All other terms and conditions of the e:Xistibq 1
agreoment would remain In affect.
8y wfay of an explanation, for the p-ro�meod increase
in ,fees for these, services, the monthly retainer 4nd hourly
rats have not Jaten ch�ngea since 1.976. Since that time,
the- consumer ''rice lndex in this area has risen in excess of
{ SOA.. ; Duritiq that saw period, Pu.r customary hourly charges
hie incraAsed., al.thoagh not by the same magnitude as the
%' 00asuMet Price Index.
I
Mr. Frenk B. 1krgur-Al,lo --2- November 6, 3980
Even scz, the above quoted fees are substantially
�
lc-ss than the fees charged for negotiation services to our
�
private sector clients. Tie are able to quote the City lower
�
c`ite5 primarily because of the ".i.71'Elal.uatble assistance and
expertise provided by City staff in the areas of pe--sonnel.,
L
finance and; r .*nici,pal law in preparing for negotiations
Our preparation tirnae is also yn nimilzec5 by the experience
and background information which we have compiled in past
a'
years while representing the City.
$w
'
I personally have enjoyed working with the C- ty
c;o�uncil and staff anS hope the foregoing proposal is satis-
factory. If so I assume that the City �,ttorney`s office
'
will ,prepare a Su-Fvplemental Agreement as in the past.
Sl.nc+ex`e y.r
�r
J. Nicholls Counter:, III
of
?
XXTCHML, SiLBL'RBERC Kt UPP
f°
XiC : bl
cc: Gail Hutton
EdwarA Thompson
NOV 0 71
REQUEST FOR CITE' COUNCIL ACTION
,
Submitted by ,Edward H. Thompson Department Personnel
Me Prepared June 245 -_ 19 80 Backup Material Attached Yes Q No
r_�
Subject NICK COtlt*i`i'•ERLQONIBACT EXr US4_ N,
r
City. Ad
,Approve as recomrner:ded.
Statement of issue, Recommendation, Analysis, Funding Source, Alternative Actions:
Statement of Issue-
. Counter's contract for tabor negotiation services was die to expire on June 30, 1980. He is
willing to extend it through Decernber 31, 1980 at the current $1,100 monthly retainer rote.
R omm-en latiom
City Attorney its prepared can, extension to Mr. Counter's contract through 7ecember 31, 1980 as
directed by City Councit at the March 17, 1980 Council meeting. The supplemental agreement
signed by tvlr, Counter is attached.
Anal sla.
The attached letter to Mr. Selsito dated February 28, 1980 details the issue and the
recommendation to continue Mr. Counter's contract.
lFvndin2, Source;
Funds budgeted under Labor Negotiations for Fiscal Year 1979-1980 will not be fully expended and
4 ;.
will be used to fund the extension.
Alternative:
As mote in attached memorandum. City Council may wish to direct Staff to prepar< n report an
the pros and corgis of staff handling labor negotiations subsequent to December 31, 11� ,
•EHT:de
REQUEST FOR CITY COUNCIL ACTION RCA 80-27
Edward H. Thompson Personnel
pitted by Department
t,
,e'Prepared Marchl # . g9 � Backup Material Attached eyes mo
a jea t LABOR NEGOTIATOR - NCK C 'NTER - CONTRACT EXTENSION
t�.
,City Administrator's Comments
Statement of Issue, Aecomrneaxdmion, Analyaus, Fun>st`ang Source, Alternative Actions:.
wx Statement of Issue:
Ccauater`s caitrcict for labor negotiation services expires on June 30, 1980. He is willing to
extend it through De rr!ber 31, 1980 at tLe current $1100 monthly retainer rate.
Recommendation.
Direct, tafF to prepare an extension to Mr. Counter': contract through Decewber ". 1980 in
accordancfl with City Council dlreetian at Match 10, 1980 Covncii-Staff retreat..
An2!yssss
The attached letter tea Mr. Seisito details the Issue and the recommendation to continue
Mr. Counter's contract,
i' undin � Sour..e•
iurads b-ud§.jete�f under Labor Negotiations for 1=iscai 1975-1980 will not be expended, therefore,
can be used to fiane! extension.
Alternative:
As noAA feci iraira ottoched memorandum.
�1�7"se
Attachment
I E-22�?�
Oil 91 U 9,
INTER -DEPARTMENT GQMM11'ACATTCNv
To floors ex. Bel;.itca
City Admiiistrator
From
Subject t;;C.lnilTRACT FUR CITY NLGOTTATOR Date
f`aiward H. Thompson
Dire --tor, Personnel ai A
t.•:hor Relations
February 29, 1980
The contract with Nick Counter, originated in 1976 anti renegotiated pericdic3 ly since,
runs through June 20, 1980. This contract has provided negotiation services by
9+flr, i.ounter, as they City's chief negotiator, at the rate of $13.200 annually or $1,10G per r
rnenth, a r.atti which has remained unchanged since the Leginning. Adaitional labor
rel.-ions, legal counsel services performed by Mr. Counter are billed to the City ;at the rate
of $75.00 per hour,
Thi,, year, rail Nienmrandurn of Und rstanding 4vith the various employe organizations ire
folic;.- for „ arx gntiatioin. This includes tire, Police, Marine Safety, NIEA, IME0 and the ne rr
vac al;iniz atixa for Deputy f 'ity Attorneys, Our particular rules call for propcsaln an t ehali of
the city emp!we=e organizations to be presented during the month of Marcia. Therefore, it
is nece:uoa y that the snake up of the City negotiation team be estabtisheod by that time and
we should not wait untii the June 1980 expiration time of Mr. Coun}er's current agreement.
Tne City Council would seem to have the following options
1.. Rvrvygotiate arul continue Mr. Counter's contract for the Calendar year 1960
',ta rou h l'eacernbor 31, 1980t. If this :ilternaitive is chosen, I would suggest that
we d) thi:i immediately so that both the City ;and the 'city employoe associations
will continue to identify Mr. Counter at. a chief city negotiator.
2. Solicit bids from other ry,,gotiators from which the City Council can select a
raeolotiator.
3. Oirect tntaff to canduct negotiatiorss on behalf of the City and uti'ize the City
Attorney% I". at services. This would involve the dasignatio n of the City's
Persionnel and Tabor Relations Director as the chief negotiator and spokesman
fch the City Council.
strongly mcoinm nd option III and would urger your concurrence. Vie City can ext:ana3
Mr. Cnunterl� contnwt for -,vi .additinn it six months and he is willing to 4onttnue thr;augh
ealend ar 1901) at tbo a arront nitro of $1,100 por month. 'this would represant a eca t for
#ist'al yox;ir 11180-8 t of $6'otxl, a mintimal covet considering that this year should be a very
difficult oant� far lobar rehatiaaris, especially labor negotiations. Wh-le the current budget
i-ciirttiin $30,CI14 fti« Uunr t wclotiatianq, the retainer for nt gotiation is $1,10J cnonithiy,
$f .rpa uiallw, Any cim'Wiy s bpytraid tho retainer u-.t tit' ap;)rovod in ads , nce and
•4100rfieally lays the City, In Ilm event the City Council tltk-s not w Ui to continue Ntr.
t"auntor'4� eordrLLact as chief nogotiator to provide the continuity through calendar ytxar
1980, 1 would sov.Nost th$ t the decision be made immediately. Whoever beginas
meat page, ple;a:yi*
x� __ ,..�-., ��-�..:. �^�..,,.,�► .ry .��.,.._,,.-_... :at,h't . ,�acntktYLY' � _ wwnra,attorYil'w'"i
rfoyo G.- 3elsito tlage Two
CONTRACT FOR CITY NCGOTIATOR February 29, 1980
mgotiations, In calendar I98D as the City's chief spokesman and chief negotiator, should ram#
continue to do so through- the caiandar year, as to change negotiaOrs in mid stream will
cause nothing but confusion and dissuasion as the various associations will rat Know with
f
whom they must steal for the remainder of the calendar year.
The Per sonny l Department sta ff has the knowledge and experience to funcU*on as the City's
negotiators as wr did priar to the appointment of Mr.. Counter in I976, t do not in anyway I
by th4 letter mean todeprecate or minimize Mr. Counter's substantial talents as a
negotiator in arty way,
t-
I believe it is imperative that; this decision be made immediately with respect to the
individual occupying the position of the City's chief spokesman and negotiator. Thank you
for your immediat4 consideration.
EHT-d
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..
e
a6i
REQUEST'
FOR CITY COUNCL ACTION
Submitted by
Edward H. Thompson, Director -- Department Personnel Deartment
Date Preparedt +^hp _ , 19 a Backup Material Attached B Yes 0 No
Subject I Aar%RKIP rLt'ATjr��SAPPR VA
Vty Admini or's Comments
cr
Approve the Contract.
Statement of issue, Recommendation, Analysis, Funning Source, Alternative Actions*
On June 20, 1979, City Council approved o one year extension of the Contract for Labor
Negotiations with Nick Counter of Mitchell, Silherberg and KnUppt and directed that a
contract be prepared for those services. F'undswere budgeted for labor negotiations services in
account number 160404 in fiscal year 1979180. The contract has been back and forth between
Mr. Counter and the City prior to its signing. The contract is now ready for formal approval
by City Council
Room B-8, Civic Center
Huntington Beach, Califoenia
Wednesday, June 20, 1979
A tape recording of this meeting is
on file in 'the City ''jerk's Office
Mayor MacAllister called the adjourned regular meeting of the City Council to order
at 7:30 P.M.
Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
None
EXECUTIVE SESSION CALLED'
The Mayor called an Executive Session of Council to discuss litigation and personnel
Matters.
'RECESS - RECONVENE
The Mayof called a recess of the Council.
Council was later reconvened by the Mayor.
A motion, was made by Yoder, seconded by Pattinson, that the labor relations c�nsel
contract bebsoen the City and Mitchell,, Silberberg and Knupp be extended for one
year. The motion carried by the following roll call vote-..
AYES: Pattinson, Thomas, MacAllister, Yoder
140ES: Mandic, Bailey, Finley
AMN`v': None
FISCAL YEAR 1919-80 BUDGET PRESENTATIONS
Tom.Mosieley, Administrative Assistant, addressed Council regarding the proposed
budget and the re -work on the bemfits which had reduced the total budget figure
since'its last presentation to Council. He Infonied Council that the possibility
of 4_$100,000 reduction related to Worker's Cotapensation tiouldbe presented
for Council's consideration. He reported on the d-epartment budgets which had been
tentatively approved by -Council, on June, 11,. 1979, He stated that the continuation
of the budget , for Administration would be presented at this time as w0l as the
rm4iodo of the department budgets.
LIBO&Y,DEPARTWINT, - SUDGET APPROVED -, STRAW VOTE
The Mrary Director ve a slide presentation, of his department's proposed budget.
ffa spoke t1w library's relationship W V With Coastline CorojjUnit, Colle
Ro rovio0ed tbe fomtiom� �df the annexes. The manner in which the budget shortages
.ail' ' _at were pre'stoted by the City Librarian,
00 gotlosw ;by pattlftso* se'-=4 :by Yoder, Council approved thg Library OeVattment
poet in 1jie oount,of $1 054#023. The motion carried wanimously.
Ito
CITE' OF HUNTIaT+iG�fi'ON BEAC"
INTER D PARTPv'lEar 'CON'lMUNICATION
k4t `+i1�.t.CiY4 Ra 4t,t �� to ;yl. �' t It l: tY •tp I A i. � [T �so k" � �.
To
Sawed
1s 1 oyd G . Ile I *, , t o F roin Idwa lad 11, 1he,�=slag
City Administrator Dir. 1lttirscanaat�111,' tea velatic�al
Y
y Date at ,ta (1-77 � �t
prick f'caa rater May f. , t tf{
We have reviewed Nick's, `s proposal for sv i r i e"� t`xaafxta� its' Ft�}:
It .appears that a reasonable unmiprimn i 4v wixla ld h- to,
propose n rt°f'F finer of $700 per anrittth Ivr the 11w *+ x.
r� 'Wilths, then jilo) per mouth for the rerwini'.'t". IN C`danthn,
-� a net di ffeiencc for the two ye arm Pl * •ttaQ below what
���--- Nick's t'<ropongal contained. T dnn't tnou if, this wn"Id
lie acceptable to Nick, as been unahle to discuss it with
him due to his lar*rat'vtitlrt i�•lat'alt,lr.�, t it ttatcl to tlis�tatxAs
i
it with him on hkinll.av, "ay 2i who" hP is We. At my
rate, I would strkta giv rat'nnn=t ed that we =. ontrao t for -a
two yeir period, awl 1 do not think that hiq two v :ar
propfisal f-r an WOW monthly rot ainer iq "rare=lsonablP for
a. total tuo year nr.coti;,at"iony i'et.aivor of TO.tt . '1V
negotintanns in calendar Year l#a»',q :hould be very heal
and time Consuming.
P FWNIMPNDATlON:
The City Aoultl ,attempt to i'inili:o :a ruo year retainer with
E 10, in the following Preferred setlaaeaatoe:
1. PIO pet month for 6 months-, then $11wl per n'attll fol
the subsequent 18 months for to total of 24 , 41 t1.
2. S1100 per month for the 24 months beginning sty 1, 1977
fox tt tt,at;al of t2o,fflfl.
I
hi
i
A I
My OF`l#ll��lliilitit�l Cl1tIl1
��?4ala�d�lla".ail�t�'l C}iilia;
.P'YYa rt / 1.
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SMIFICA`i IONS FOR I"AF. Oil RELATIONS OU S L
i
1.
Negctiate with City employee aS ^i'S(:lcatiOn .
2.
Act as labor relationo C'en ulta1t to 4,%t2 y an "a: needc,4" blois,
3.
Perform labor relations le al work dWt9 a4 in
cYRFee{{{cn With M13Ltt(�ry requiring wpi4ill PXpertivi. ..1
where staff is or should be 3isquaimej by reason of
-
a conflict of intereot
�.
s e extent t Lpp Y"�u? O 11i.. C.� �+Ki a.•F� 4 4 � .YF . t ivi l l r Nnde
f� �i�.if� i.
r.
the direct control and direction € f MY.
�..'
J�
J
These zpYv1Y�*3f! 4Lc..�.�. vn0 l e �-�* � t .rfr�gt'� 1.,7#Y. � :i o �=,�.�at ii. no
't�iY!
r
co��rsel in the pr j.a ti rlt o v34� "Zlr Fi. tO . IA1,��'�I
Y n
City,;1 k i f7n r y rS 'iYa: .
rt4}> h Ant to 1rIYY Yte V n. 2101,
ceyY{fez. Final . P Y��&''x :" n .i Feel a F i4�, Sa :!I; -do } th? it y �'•�'ar,Incit
and the contract to xipprov ed the CIt
CA 76-61
1.
,d t cairy of HUl►1TINGi'ON BEACH
COVNCIL. AOMtNISTRATOR COMMUNICATION
tit+YFt+�,: FFiY fk2M,fl
To Honorable Mayor and City From City Admi.ni.; trator
Council Members
Kit
Subject Labor Relation., Clourz,is.l Date 5 May 1976
Pursuant to Council dirra:t r, n and In accordance with the ; els-ctlon pro-
cedure, for "professional loerulc(.-.;" net forth in Chapter 3,03 of the
Huntington Beach Munlci:p:-al Cade, the City Admin;l =trator, the City
7
Attorney and the Personnel Director have 3ol,icited applicanta and con-
,.
ducted interviews,
I rr. ,Gene Bela., Director of the Joint CSAC-League Labor Relation
Service in Sacramento, wat contacted and he recoittl7tended four outstanding
laoor law firms in the Los Angeles -Change Counties area. Representa-
tives of these firr"s were interviewed. Additionally, two individual
attorneys siaecial i`: w» _ in labor law submitted proposals and were inter-
viewed. One labor relations specialist, not an attorney, submitted
proposal..
Pursuant to Section 3. 3.C60(c), the City Administrator, the City
Attorney and the Personnel Director, fused upon the selection rui.de_
lines established in Section 3.03.040, and, the criteria, establ.inhed
by the City Administrator, agave 4�elocted from the responvible pro-
posal submitted, three of the c�onzultantc. deemed to be the most, highly
qualified to provide the service � required, avid the City Adrr�ird,.;trz�-or
is submitting them to the City Council in the order of preference:
I
I
First Preference; Vli.tche.11, Srilberberg & KnuPps J. Nicholas Counter III
Jiro
art; Lee . lPatC''X':ion
'Cf3s'ICl re ere i`:�' Paterson $c 4c7 r;,t
Third Preference; Nelson, Kirshman, Goldstein, Gentile & Reran;
Charles R. Goldstein
A written statement of qualifications and a written proposal from each
of the above aretransmitted herewith for Counci.l's consideration, and
the City Counell makes the rinal selection and approves the proposal.
Generally, estimated fees, subject to the terms and conditions or each
proposal,, attached hereto, are:
First, Preference 13 200
ec Preference. $14,CCU ,
ThIrd Prettrence: $1. ,, CSC to $15,000
Memorandum to Honorable Mayor
and Members 5 May 1976
of the City Council
Page G
Luber Relations Counsel
}
SUGGESTED ACTION:
. g
.Select the firm, or Mitchell,
Silberber,� - & Krupp, approve their fee
proposal, dated April `fit), 1976,
and direct the Plja,�Dr and the City
Clerk to exeaute zame.
Respectfully submitted,
r
DAVID D. ROWLANDS
City .Administrator
DDR: ahb
t
' Attachments
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n:
F;
5
z
,� t
a
�
CITY OF 3tr UNTIlNGTdDN BEACH
.s
INTER -DEPARTMENT COMMUNICATION
�
fSftN:ttdGi(» BEACfI
t
f
To Roy How, Purchasing Agent rrom City Administrator
. *..
V ina:nce Department,.
Subject Labor Relations Consultant Date 27 April 1976
Pursuant to Section 3.G3-060(a), Huntington Beach Municipal Cade, we
� `r
transmit herewith K writi.,-n statement of the zpecificati.ons, core-
ditions and other regLlirements for labor relations counsel.
DAVID D. ROWLANDS
�
atcrr
City Administrator
;f
a
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1
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Attachments
n
STATEMENT OF
AND OTHER REQUIREMEN "S FOR I,ABOB
REL,ATI014S "01,119SEL
*;
1. Written -,peal f j ' #t;4.onv,: for lal!-r *.'E lat.I T?v' ac'urizt l
A`
are attached bereta and made a part, hereof.
2. The reasonz Wl7 J t i7d ipE°t r` 3 1` fi3 1 ;3}" r, , , �'._ ark- t
zuitable ror the procurE';*Sent
that he ;servric n Uniquo.- r lvi th- ;',��;:'�r°��
upon ex=* r�err e, edjeatic ri ataxy: oll l Yr
be +e G fS t E1S!° i ;ir2tl tlaF*z°t f (z"E a .;"r+ n�fTtdc-st
bid concept i�, inappl i -able .
i
PAVIII P..
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t3C'1,fltlaLo W! it (If.
apt
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Act LCS 1,ati or E`'f`! �� 'intgg c'P,rr",g�`:Igg¢ �',a e" i ;e. fit "u- no, :tt*,I"
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��=i'f"$`FYt !`��` #,' i � yt r �jt t'- � ,11 •r•e,e. � �F.. ,<f. - d.*i
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a conflict Ofa ixxt ero, L.
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t•'zt`gty.':a, .! >tg ' F�< � .y,x, k �' :e
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'R:Yt�.k�'S�t'�:J .- •i 3ii��,i ! �'s(P f.,1{�i,!�j,� rr g.As= t 2�ek .+`,t #rzk :t>,hl
and t1he L"onti`'-Inn vv. rf,
City Administrator
ARTHUA GROMAN
HtN.NY I, STEP.
,.I.
CHESTCR. I. LAPPCM
COWARD ROBIN
WILLIAH MKAPCAN
RIF4.'..RG M. NOS*
f111rNO t. A1IELRAD
CHARLES. A 5' 0t .'ER. JR
JOfAi, I. HOURSE
SEYNOUR P-'STEINBERGG
PLOYO A. RAPPAPORT
C'OMUND A, HAMSUROCR
HILBCRY P .T.ARKY
HAROLD /RIEOMAN
THONAS P BGRK£
J, KICHOLAS COUNTER LU
JAN CS a'JCNN1N63.
COWARD U.-COVENC
'IAOWARD S. 5'+1ITµ
COWARD R. NKNALC
MICHAC} HOLTZMAN
JOS CPH HORACEK Nt
SADAWI N. L. SAM UEtS
MARC 1, HAYUTIN
µORMA G.1.ARKY
ASRAHAM SOMER
NC7AKCTA A.. KtEM BERO
MOTHC J. KUPICT£KY
LA CC PHILLIPS
DAVID Y( 9ERMAN
- MARRY J.YtCATOK
GORDON STULBERG.
RICHARD I. LEHCR
HOWARD J RUBIRROIT
ALLAN C.91PLIM ....n ..
NfGNACL L, KLOWOCH.
z4vtO 5 SAUNDERS
j; j5E.LL. J. rRACXHAX
M. WAYiIE TAVLOR
PA.IMCIA µ BENSON
PICHARO S. S"f0fRAN
THOwAS A LAMBERT
PLTCR K LOPC2
WILLAAM R'HARMSEN
EVOCNC H VCCNMij15
AtSCRT'X.PRAW
S-DAVID ASML'LT
DERCK WV WONT
KENNETH POWELL
TPANK J SCAROINA
WAYWARD J_KA15tR
ROY L, SWULTS
MARILYN C. LCVINE
ANOREW.O• KAPLAII
DAVID S. GUOMAN
JV&ITH N. LEVY
�'. SC" to N.SCHNCIOtR
MILTON £. 01.17C JR
CAURENCCJ. YYUTT
I, MND04PH 1J.9tOTKT
VC00A.}1 P a CrrrLCR
r 41TECKG.iMALt
I,AW OFFICES
MITCHELL,SILHERBERG & KNUPP
9800 CENTURY PARR EAST
LOS ANGELES, CALIFORNIA 90069
tZ13t 553,5000
Donald PP Bonfa, Esq.,
City Attorney
City of Huntington Preach
P. a. Box 190
Huntington Beach, California 92648
Dear Mr, Bonfa:
April 30, 1976
A,
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HHCPARO Mti,'H iEtt
H ERBERT FRESY,^ N
RALPH E LE
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ft 0- $A4fl £R O£iaG
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GUY KNUPP ( ...•'
195T IOTA}
t" HCP_Y RCOZA It,
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#Y h k >
This is in response to your letter of April 29, 1976,
addressed to the attention of my partner, Nick Counter., and also
to follow up upon the meeting that he had with you Nick is out
of the City today arguing a case in the United States District
Court in San Francisco, and due tr, the pressure of time, I am
responding in his absence.
As you requesteO, we are enclosing our statement of
qualifications and performance data for inclusion in the City's
register of professional consultants
We are also enclosing our written proposal lased upon
the statement of specifications, conditions and other requirements
for labor relations counsel, copy of which you have providee? us .
In addition you orally requested that we provide you
Frith the names of certain personal references with whom you are
fazailiar. At Ruta.n % Fucker, these references would include
Gar Shallenberger, Wes Walker, John Hurlbut, Milford Dahl, Sr:,
and Sohn Murphy. Nick also suggested that 14r. Lowlands. contact
Dan Stone, who is ;pre -gently City Manager in Oceanside, and Was
formerly City Manager in Riverside, and as a result of the latter,
is unite ;familiar with click's personal qualifications and perform-
anon. �(dn might also wish to contact Harold Bergen, City Manager
of the Ct: y of Bakersfisid, Charles McGovern, City Attorney for
the City Of Vernon, Willi.ard Waggoner, Administrator Officer for the
County of Saxe Luis. Obispo, }ion Blubaugh, City Manager of the City
of Palm Springs, James, O'Rourke, City Attorney for the City of
Tustin, amid Tom, Woodruff, City Attorney for the City of Fountain
Valley. ifll of these persons are familiar vith our Mork and have
rt,
MITCHELL, SILBERBERG & i{NUPP
LABOR RELATIONS COUNSEL QUALIFICATIONS
AND PERFORMANCE DATA
Our farm consists of about sixty-five attorneys en-
gaging in various specialties, including labor relations law,
litigation, corporate, entertainment, real estate, tax, probate
and estate planning.
Our labor relations law department consists of three
3:
partners and four associates. Their names are Harry J. Keaton,
J. Nicholas Counter III, and Thomas P. Burke, partners, and
Andrew B. Kaplan, Steven 14. Schneider, Peter M. Lopez and
Deborah P. Koeffler, associates.`;'.`
our labor relations law practice covers all aspects of
the field in the private, as well as the public sector. Briefly
stated, our representation in the private sector includes such
areas as unit determination, election and unfair Labor practice
cases before the National Labor Relations Board, equal employment
uses under "state and :Federal Civil Rights legislation, Fair Labor
Standards Act problems, State. Labor Lair problems, grievance and
arbitration cases, and Union contract negotiations or, behalf of
employers.. All litigation matters involving labor law issues are
handled: directly in our department rather than through the litiga-
tion department.
With respect to the Union contract negotiations, we have
negotiated union contracts in virtually every industry with
virtually every international Union. we have conducted these
negotiations on a multi -employer and even industry -wide, as well
as single employer basis. This considerable experience in the
privates sector has be-ome particularly important and relevant in
the public sector due to the rather unfortunate tendency of courts,
arbitrators, and hearing officers to apply private Labor law
principles to the public sector.
in the private sector, we have represented public agencies
G ratging in size from small cities as the City of -,,istin, to
larger cities such as Riverside and Bakersfield and the County of
f San Luis Obispo. We have also performed labor relations services
-or several hoc"pital district,. our public sector clients include,,
in o6diti.on to the ones already mentioned, the cities of Vernon,
South Gate, West Covina and Palm Springs. We have conducted meet
and. confer sessions on behalf of many of the above named entities
dealing with all types of employee units. We have also been
-
instrumental in drafting, consulting about and revising employer
employee relations resolutions and ordinances. Services related
?
to such matters have been performed for Cerritos, Fountain Valley,
i
Orange,- Cypress, Ontario and Bell., in addition to some oL the
agencies previously mentioned,
ii 4 +F,
S.. 3zv
Page Two
AVril 30, 1976 .
To: Donald P. Bonfa, Esq. , �
City Attorney:
L City of Huntington Beach .
t .
dealt with Nick or with me, or with our partner, Tom Burke,
,Sincerely,
is
ar
{ r.v _
ARTHUR f:ROMAN
MCNR+T L. STERN
-CHESICR 1.1.11PPCK
WILLIAM M KAPLAN
COWARD NUBN1
IRVINGT AAZLRAO
RICHARO M MOSK
CHARLES A.COLLIER.JR
JOHH 1040URSE
FLOYD A RAPPAPORT
SCVMOUR P 54EtNBERG
MiLM CRT P; ZAAKY
EDMUND A.RAMDURGLR
THOMAS P BURAC
34AFICLO i".RIEDMAN
J NICKOLAS COUNICR III
.JAM C3 B.JENNINGS
-EOWARD N NCOVCNC
HOWARD S. SMITH
COWARD R'.MCMALC
MICHAEL HOLTSMAII
JOSCPH HORACEK IO
SH CRWIH I SAMUELS
MARCCt HAVUTIN
NCRA'RKY
...BRAN 11.SON
MOS HETJ 'KUPIJLT2K�VRG
L. LEE PHILLTe4
MARRY J. KCATON
DAVID M. BCRMAN
RICHARDI LEHEA
VIRPON STLILBCRG
HOWARD J P.UDINROII
ALL,AN'.C-i18LIN
%H 41CMACk tr. ALOWD
DAVIO 5 SAUNOER5
RUSSCLL. J.YA.ACK#A.N.
PATAICIA N SEM50N
N. WAYNE TAILOR
THOMAB P. LAMBERT
RICHARD S gHAFTPAN
PCTCR V LOPEZ
-WILLIAM A; NARMSCN
CUOCNe H VCCMNUIS.
ALBCRT'RPRA'w
S DAVID ASHLCY
DCR ER'W, HUNT
KCNN CTH "WELL
FRANK J. SCARDIMA
HAYWARD J. AA/SCc
ROY L.S"NULIS
4ARILYN C..LCVINE
ANDREW 9. K+.PLAN.
IJAIAD. 5. OUSMAN
JUDITH";I Y
SFEVCN M N,14091
MILTON C.OLIN, JR
LANR CNCE J A' ":
RANOOLY —�
DC6ORAN p- KOZFFLCil
STCVL✓
LAW OFFICES
MITCHELL,5ILBERBERG & KNuPP
1600 CENTURY PARK CAST
L.OS ANGELES, CALIFORNIA. 90067
121.11a 553 5000
April 30, 1976
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Ag '
eM RKt"IV P4KASC NFICsI. To
II)norabie Mayor and Members
of the City Council
City of Huntington :Reach
P. ,O. ,Bose 190
Huntington Beach, California 92648
Honorable Mayor & Gentlemen:
Pursuant to he written statemexit of specifications,
conditions and, rather requirements for labor relations counsel
as approved by Mr. :Rowlands. City Adminisk�rator, and submitted
to us by Mr_ Benfa, City Attorney, we are hereby submitting
our fee proposal for rendition of the services specified there-
in.'
1. With respect #o, specifications numbers 1 and .2, we
:Mould propose an annual retainer of $13,200.00 payable at the rate
of $1,100.00 per month, cotunencing with the month of May, 1976.
in addition, of cnurse, we would charge the City for actual out-
of-pocket expenses Kuch as tong distance telepnone calls and similar
items. We would not expect to he reimbursed for travel expenses,
unless we would be required to travel outside the Los Angeles -
Orange County metropolitan area, which does not seem likely. Ex-
cept as set forth above, out-of-pocket expenses would be charged
j
only upon authorization by the City,
2. With respect to specification nwnber 3, we would
propose .to, perform such services on an hourly fee basis of $75.00
per hour. This would $;tcl.ude advisory arbitration
3, P*s to specification namher d, we would, of coursx.-, nx-
pect the City to provide us with gerlerai directions in the conduct
of meeting and conferring, However, if we were to be retained, we
would want to come to a clear understanding as to our role and
authority as spokesmen for the City on matters within the scope of
representation. We Would also want to define how our role will
relate to the roles of the "'.ty Council and the city's staff, includ-
.inert df course Tnembes of tho staff who would participate in meet
andconfer sessions. We have found that Such clear definitions ahead.
1
i
1
NNN
�rt
Page Two K �
We have, also handled litigation for cities arising �
out of employer -employee relations, including the City of
Santa :Monica, in addition to the cities previously mentioned.
Mr. xeaton has practi:ce;:. labor law for over twenty,
years. He is the past chairperson of the Labor Lair Committee
of the Los Angeles County Bar Association, which is now the
Labor Law Section of that Association. Se is chairperson of
a subcommittee of the Committee on the Developing Labor law
of the American Sax Association and as such., one of the associate<
editors of "The Developing Labor Late" published by that Association
and the. Bureau of National Affairs. He has extensive experience
in negotiating with employee groups in the public as well as the
private sector, including the determination of compensation for the
f; management personnel of Sari Luis Obispo County. He is a frequent
speaker to civic, business and professional groups on labor l.aw..
Mr. Counter has practiced labor relations law for ten
years, and has eXtens ve experience in negotiating with employee:
t
groups: of all types and sizes, bath in the public and private
,. sector. R,,, currently negotiates, on behalf of the cities of
Ba ersfie!4, Riverside and $lest Covina. with respect Ors public
sactor activities* dick Co uY3ter is presently the chairperson of
the Committee on Public ploymont for the Labor Law Section of
the Los ,Angeles County sat Associati:oxn. That committee. is charged
with the responsibility of study.ingk anal.yzir g and making
.recovtMendations to the Labe+ Law Section regarding legislation,
nacted and proposed, covers.ng public employees, Nick Counter has
also .lectured on public employee bargaining and other issues at
sxwyierous seminars sponsored by t he League of California Cities,
the County Supervisors Association of California, H.C.L.A� 113stitute
of Industrial Relations, California State 'University, Long teach,
and California State College, Bakersfield.
Mr. Burke has practiced labor relations law for ten years.
Ha, taox has extensive n;egoti.ation experi.enc a in the public as well
as the private sector, His .public sector experience includes
di ztrict hospitals as well as cities. lie serves on the Committee
on Practice and p oci ctdure of the Labor Last Section of the American
Bar AasOciatiot and has ,spoken frequently to employer groups and trade
Assocla.toAs can labor relations law matters,
1Mdr4'ifiK`f%iYL�b,'RN2>kil4d '�isSi'u'utP1 'Ltil""�4eT a••.dp _ ''''pp.. `}
April U k 191
o; Honorable Mayand
to;
Members of the City 'Council.
Huntington Beach
df time are very helpful in avoiding subsequent misunderatandings.
With respect to all matters handled by us, we would under-
take to staff the matter with an attorney in our department fully
L` conversant. with and competent in the field of labor relations or
law that: is iAvol.ved. We would, however, reserve the right to de-
termine who that .person, should by in: each particular instance.
You should know that it is our practice to have the same attorney
carry a negotiation all thee way through barring an illness
If the foregoing proposal is accented and approved by the
CityCouncilwe enders atd that we will; be advised accordingly in
writIng. In any event, we are extremely gratified to have had this
of ports i.ty to be Considered for this representa"ion
incerpl ,
tfi r�
ne7m�ar ato
'r. cr n�zr���r. c rrhsrtrin
Lem T.I aft -Ts ili
l Mirka1'l `.tQ iY77
drank a _lirnvder
lehn l:iv;:erf
D41Vtd G "114-INCr
Paul M - Lop
Daniel C. c a."5t:ay
fit
PATERSOi f t;C�AP"T
April 30 1976
pF N�A�:
0 i
, � /9
�QkNEY x
L
z Don P. Bonfa, Esq.
City Attorney
City of Huntington Beach.
P.Q. Box 190
Huntington Beach, California 92648
Dear ice. Bonfa:
In :response to your request regarding our serving as spe-
cial counsel for emplbyee relations for the City of Huntington
Beach., we are available to provide the following services as
requested:
1. Serving as the City"s chief negotiator.
2. Related representation at meet and confer plan-
ning and reporting sessions.
3. Consulting on the drafting of memoranda of un-
derstanding, and :being available for presenting
_ h �
t ese to e Clty Cr �inc1.
4. Representirsg the City in any meet and confer
impasse proceedings.
5. Consulting services pertaining to all aspects
of employer -employee relations, including:
a,: Development, modifications and ad-
ministration of the City" s Employer -
Employee Relations policy and per-
sonnel ordinances, rules and: prat-
tices
b. Processing of grievances and assist-
ing in the preparation for arbitr.a
Lion or other administrative review
hearings.
owlI 5. ..yy
Jam" H N€LI;QN.
11 ". 140AN H K49544MAt1
+;HARtc$. H Gotvtilclti
Jossep" F GIrNrtc
:6 RIAN L.PtXOR
J-EFFREY *4 NELSON
OAt ir,f. AIEP
JlEPPACY C. FREEDMAN'
,TEPti,LN A. MAZUPAN
RONALD J, KLEPEIAR
R osrnT E. Ric"
1 AWd,f t . •.0
NELSON, KfRSHMAN, GOLDSTEIN. GENTILE & .Rj�:XON
IW< t +: rP4TIJItY 4'AIltl t r, .1, '.41,tt .'4.10,
,r tiTllit, a - r
LO% ANGELE:S, CALIFORNIA 90067
`IFLF.PHoNE `.'d1- ..S l-nrErrJ
May 3, 1976
1��
r
k'
i
IIi,IINpit;
�• 154ti!ali,�p'••
*hit FILE NUMMIP
MAYJC)
Don P. Bonfa, Esg. ,/City Attorney�City of Huntington Beach ��P. 0. Box 190 ,q
Huntington Beach, California 92648
B,e; Proposal Specifications for Labor Relations Counsel
Hear. Mr. Bonf'a:
Pursuant to your letter of April 28, 1976, and our conference
of Thursday, April 29, 1976, the following is our written
proposal regarding the "Labor Relations Counsel" services
Outlined in your specifications attached to the April 26,
1976 letter.
Of gzimary andthreshold importance are the personnel and
structure of our law firm. In this regard you will find a
detailed biographical sketch in Martindale -Hubbell Law
13irectary, Vol. 1, pp. 1244 B (3976), a copy of which is
attached hereto, together with biographical sketches of AM
additionswhichhave been submitted to Martindale -Hubbell
Lana Directory for the 1977 listing.
Our firm is composed of twelve attorneys, nine of whom are �
engaged in, the field of employee -employer relations law in
both the private and public sectors. The ,firm is divided
into four major :fiel.dst Labor Lana, Litigation (primarily
Labor Law) , Corporate; and, Tax.. elative to the sneci f icat ohs
the fol,loving attorneys have the experiences, backgrounds and
expertise, as doted.
I. 3n negotiations, 1 have the primary responsibility.
As chief negotiator, I have represented various public
agencies, such as the city of Inglewood, City of Commerce,
City of Lawndal.e and the City of Duarte across the bargaining
y• T
Don P. gonfa, Esq.
City of Yiuntington Beach
Fa'rtire April 0 0 1976
C. Keeping the City informed regard-
ng state and federal legislation
in this area, and advising concern-
ing the implementation and admini-
stration of such laws.
d. Assistance in management training
in these areas.
e. Advisi-g on such issues as manage-
ment rights; management, confiden-
tial and supervisory designations.
representation unit matters; sub-
contracting; employment standards;
affirmative action; union activi-
ties; aina similar questions_.
_. G. Representing thc- �...ty in administrative and
r court proceedings involving employer. -employee
relations matters.
We will provide these .sarvices as requested .at the rate
of $10.00 per hour for the actual time spent in rendering ser-
vices with a 'minimum of $2, 000. 00 payable as an advance re-
tainer which shall be applicable against the hourly billings.
As an alternative we can provide the services listed in
items l through 5 above for a yearly retainer of $14,000.00,
The practice of our firm is limited to representing em-
ployers in the labor relations area, with,pr.imary emphasis on
the public sector. Some of the jurisdictions that we repre-
sent are, the City, of Orange, City of long Beach, City of Pasa-
dena, City of Burbank,, City of Glendale, City of 'Pomona, City
of Bernard, City of Ventura, City ,of El Segundo, the Hunting-
tcn Beach School District, the ocean View School District, and
the Pullerton union High School District. Please feel free to
contact any of them in regard to our services
Very truly yours,
IPATtRSON & TAGGART
k
K By
1, :E T. PATERSON
r
a
Don P. .Bonfa, 'Esq.
May 3, 1976
Page Two
table, In the private sector, one of my most recent
negotiations was as chief spokesman with the fifty -company
Moving and Storage Industry of Southern California, involving
,a labor contract covering sever. Local Unions throughout all of
Southern California. Fir. Brian Rexon, a partner and holder
of an M.S. in Industrial Relations, and Mr. Ron hlepetar
have also been involved in these areas. Mr. Joseph Gentile
is a key .resource person in this area, having had extensive
private sector negotiating experience as negotiator with
MC Donnell Douglas CorraoratioiCalifornia Truckin5r
Association and Kaiser Steel Corporation. Mr. Gentile is
equally familiar with and has a unique understanding of public
sector negotiating strategi.es,.
2. As consultant ti.r public agencies on an "as needed"
basis, I have advised the County of San Bernardino and otner
public agencies, My partners, Joseph Gentile and Jeffrey
Nelson, a former County Counsel of Los Angeles County, have
advised the Civil 'Service Commission in Culver Git.y regarding
the much publicized discharger of the Chief of police.
Additionally, 'Mr. Gentile has been called upon to testify before
the State Legislature on public sector labor relations and will,
be testifying before the Board of Supervisors in Riverside
County within the next week relative to the supervisors' place
in the public sector Labor relations. Mr. Gentile has also
conducted special in-house programs for the Los Angeles Unified
School District and the City of Walnut Creek, amoiYg others.'
3. Mr. Jeffrey Freedma.n, formerly on the staff of the
Attorney 'General for five yeart, and i have represented the
City of Baldwin Bark in special personnel Board matters
involving their Police Department.
As to the labor law expertise in the litigation forum, the
following leading laborlawVises illustrate our involvement
during the past four years; garish v. Legion, 450 F.3d $2l,
16 ALR Fed. 91.4, NLRB v, Los An ales -Puma Frei ht Lines, 446
V.2d 210, XLRB v. international van Lines, 473 F. 2d 1036,
409 u.s. 409, 34 L.44,`2d 3,01, 33 S.Ct. 74 and NLRB v. Associated
Shower moor, 512F,2d 230. My partners, Norman Kirshman and
Joseph Gentile, were the major participants in the above -listed
cases. Ancillary to these cases, ,in which .ur firm has acted
as management coonsel, my partner, Joseph Gentile, has been
involved in over 600 (120 in the public sector) .fact -findings
and arbitrations, :many of which have been published in the
CPZR,. BNA and CCU. Ile is also a special Hearing officer for
the Lcs Angeles County Civil Service Commission.
Don P, Bonfa, Esq. May 3, 1976
Page Three
In addition to the consultation specification (Itoir, 2.) , our
firm has been involved in educational and teaching activities,.
such as Mr. Freedman's teaching courses in Equal Employment
R
Opportuiity Laws, Mr. Xlepetar's teaching in Industrial.
�
Relations and Personnel, lair. Gentile's teaching in Labor
� y
i,asa, Wage and Salary Administration and: OSHA consideration,
:g
and my teaching or Public Sector Labor Relations; all of
„'
the above teaching has been through the University of
California, Extension. Mr. Gentile also teaches negotiations
in the public sector for the Graduate School of Public
Administration, t:ration, University of Southern California.
hir. Kl.epetar, a former attorney for the NLRB,, who holds an
x..LM in Labor Law, is a contributor to the publication of
the Subcommittee of the Labor Relations, Law Section of the
ABA. Per. Steve Mazurak, one of our litigation specialists,
has handled matters for the City of Bay -ward and has success-
fully defended several civil rights class; action lawsuits
for major employers. Mr. Manurak is a contributor to
the OSHA Section of the American Aar Tssociationt Mr. Gentile
and I are active in the Labor Lair Se( ,_ion' S activities of
the ABA and Mr. Gentile .is an officer and on the Executive
Committee of the Labor Law Section of the Los Angeles County
Barr Association.
in fact-finding and arbitration matters, we rely on Mr. Gentile
to assist in preparation of these matters. He has been
appointed, to various fiat vern4Jr-al:1pi73.IYt.e fact finding panels
in the field and is on the Regional Advisory Council for the
American Axbitration Assocaition. My partners and I have
argued thirty arbitrations .and fact -findings on behalf of
management during the past year,.
That provides you with a brief review of the firm's involvemet't
In the various aspects of employee -employer relations. Because
we have Caine attorneys to draw upon for specific expertise'
in certain labor relations situations, our approach is to
provide earth client with the best possible legal assistance and
guidance :.o suit the particular situation, be it negotiation,
fact-finding or administrative law, However, to maintain,
needed ccontir.uity and at the same time provide the best possible
legal assistance to handle any given matter, I continue to
mai ntal-n :liaison between appropriate catty management officials
and members of the firm< This procedure produces a balanced
appro-ach to a. city's labor law problems by ma-,kntaini.ng con-
tibuity by looking to a single person, for overall coordination
while permitting the client to benefit from the depth of
expertise provided by ether members of the firm.
Don. P. Donfa, Esq. May 3, 1976
Page dour
As Z indicated at our meeting, it is most difficult to
proje.,t the total east for services rendered in negotiations
during the negotiating season. Often 'the hours involved are
unpredictable and negotiating sessions may be protracted.
Further complicating the matter in the public sector is the
use of quasi-judicial forums, i.e. fact-finding cnd advisory
arbitration to resolve impasses which may result during
the course of negotiati.ons� Noting these uncertainties, we
generally bill, our public clients on an hourly basis, at
an average rate of $65.00 per hour; this is the fee we would
propose in your situation. aill.ing is sent on a monthly
basis, on the first of each month and any reasonable expenses
fitst approved by the City, are added to the bill if they
are incurredT
14 terms of the total coast to the City for the negotiating
period, our 0a{perience has indicated that for a city of
your sire the fee to cover negotiations would range from a
low of $1,000 to a. hiSh of �15,000. Regarding meeting all
of your requirements year around, it would be difficult to
estimate the total annual cost of such services. Being an
attorney yoursel, you are aware that certain matters can
be blown out of proportion, whether desired or tot. our
feeling is that. preventive I*aN4 reduces this cast
facto- and that a prompt response by capable lAbor attorneys
can reduce. rather than increase annual legal: costs
I a racza:ted, the opportunity to meet with you ,last week and
discuss your labor law needs. should you desire further
information, please contact me or my partner, Mr Gentile,
very* truly ours,
CF ARLES H * GOLDSTEIN
CHG:e
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STEPHEN A. MAZURAS, horn in Berkeley, California on
October 11, 1944. Adrdttel to Bar, 1970
SFr.
Izrfa - California_ Preparatory education: University
of Nebraska (1.A., ,wit 7 diatinction, 1967) , la( i7al t?L"11Ldcation-,
University of *k4ebraska tJ.D., with distinction, 197C).
�
FraternitiesDe<+lta Theta Phi; Mi Peta Kapna; Order of
Coif. Board of Rdi tors, Nebraska Law Revs v, 1568 -I970.
Author; OAutowobi to Liability in suranvo in Nebraska
An Asset or Liability fc,,z the Out -of -State Defendant?i'
49 Nebraska Law Review 88, 1468. Member: Los An(Teles
County and American (Mcmb-,r, Lal.)gar Law Sect ion) (Occupational
Litigation) Bar A.srociatiionsa; State Bar of California;
Nebraska State Bar (Inactive).
i
RONALD J. KLnVFTAR, born in Chicatio., I I I inois on
April 8, 1946. Admitted to the Bar in 1971 in Illinois;
in 1972 in California, Fodoral District Court, Central
District of Callf(-rnia.
i,reparatory e(hication. fit, !Ia%)I univert*,it,,' W.D. 1971).
Member of De Paul Law Reviow an,d Now Ycork Vmivv�rslty
(L,L-111. Lahnx Law 1973).
Attornf,"y at NatiOn.'11 Labor Relakions Board in �--a%hjnqt0n,
D.C. 1973 - 1z)74 and Lo; Angeles, Californii-i 19,74 - 1975.
Member oft Beverly Hills, Illinois state and Atnerican--
(Plembor, Labor Relations Law S(wtion) Par
State Bar of California.
"Aim
rri
r
ROBERT F. RTC3f, tern New Yore, N.Y. August 24, 1950
Admitted to Bar, 3.975, California.
�raternity; Phi Brma Kappa,
MembLsr, U•C.I,.1'.. Law Review, 1973-1'f7
Member,, U.(:.I„A. rloot Ooort ftonor. Proorlvn, 11)73--197S.
M..
w_
•
is
I 4"N Biography of
LEE T . PATFRSON ,
Lee Paterson is the sent.or partner in the nan-
agement labor law firm of Paterson and Taggart, located
in Palos Verdes Estates, California.
He *was born Septerber 26, 1941 in Washington,
D. C. fie graduated from U.C'.L.A. law school with a dusi.s
� ,r
Doctratt degree and Was admitted to the bar in 1967.
After arm- duation he entered the practice of law
vra.th a wananement labor lair firm.- Within a year h
became a partner in the firm, Tn 1969, twee Paterson
formed his o.Jn labor law fxrr and his offices to
Palos Verdes ustates.
In addition -to his -work as an attornk!y,
Mr. Paterson has been tart xn atractor in labor law for the
University of California at Santa Parba:.a j he University
of California .4 Los Angeles, an-1 a trainer for the U.C:.L.A.
Institute of Industrial Relations.
Lee Paterson is chairman of the Los Angeles Area
Chamber of Commerce Personnel Management Coo iittee. Ile
is a member of the labor relations section of the .Arerican
Bar tAssociation, and the industrial Relations Research
Association.
Some of the firm's cu.r!rent, clients are ,t orerost-
McKesson Foods, Toyota Motor Company, Mc coma ldl s Corpora-
tion, W. R. Grace CoS;ii3any - Cryovac r37a .i Ez7 ?it r The Ralph m.
Parsons Construction Company, the City y of Long Beach and
the County of Ventura..,
t .e
. , y
CITY OF HUNTINGTOIN BEACH CA 76-60
We
COUNCILADMINISTRATOR COMMUNtr Tdt7N
TO honorable Mayor and From Citj Administrator
City Council Members
a
SoNec t LABOR RELATIONS COUIt SEL -- Data May 6, 1976
STAFF` TIME ES,.It'fATE
The Cite Administrator has requested staff to estimate the amount
'.
of staff time involved in 'labor relations negotiations and related
activities,
Mr. 'Thompson, Director or Personnel -Labor Relations, .states that
Ini attempting to arrive at an estimated .figure of time involved by
the Personnel Department : taff in last year's negotiations, he
would estimate an equivalent; of thirteen months of Full time activity
consisting of five months for Mr, f3onokoski, and four months each
ror 14rh Lewis and himself. The approximate cost of this time would
be $24j000.
Mr Thompson. estimates 'that this would cover a Full time equivalent
between March 15 and July 15, However, it does not haply that no
oth-" activities were performed by the Personnel Department staff
s,
duriAX that period of time. The time estimate includes preparation
for and: conduct of miscellaneous salary and fringe benefit surveys,
attendance at Oouncil meetings, the actual negotiation meetings with
the associations, planning and post -negotiation session meetings
�
�
amoi,j the staff, drafting minutes and respon; es to proposals, pre--
paring ttana,gement proposals, drafting the final memorandum of agree-
ment, preparing for and participating in fact finding and advisory ,
arbitration on hearings as well as preparing position papers and various
isricfs in con,`�4zti$tiC2t -1th the fact finding and arbitration hearings.
lie believes the estimate of time is reasonable and does not. believe
It to be either overstated or understated significantly and represents
hi,sbest estimate or the approximate amountof time involved in the
1975 sal- ,y negotiations..
Mr, 'Thompson anticipates no substantial decrease in the amount of
time involved by the Personnel Department staff in providing support
and assistance to an outside labor negotiator and would anticipate
continuing most of the activities mentioned above in preparation,,
planning, and post meeting summaries. He and his staff would be
spondin ' some txnknowa amount of time in briefing the outside
rat`.}gatiator as to specific matters of concern within the City and
would attempt to provide hint with the background of prior negotiations
and prior discussions with the: various employee associations.
Labot, -Relations Counsel -_
.>tai`r Tivie Estinate _7_ May 6, 1976
Tho CIty At,tornrsy stnt;es, 1,Wt1t It, would be difficult to estimate
t.ho am,, mrit, of staff f time from his department because it will
depend upon the :je�a�'"e of invo7ve�.ent of labor relations counsel.
AU-nrney staff time Invr.j gyred in ant4aal negotiation will be
ma.tvrAally redan?d ani, 'If special labor relations counsel. handles
;tt'E%para l Iton of ze, '-randa of understanding and nreraration and
appearnnae at Impasse proceedings su.,h as advisory arbitration,
irli'.t"t`it Intl 'k f aet findiru-, that legal department staff time would
be rf*duc-(-d aci�oa=;lingl.v. On the otter band, if the City Attorneys.
f"fx°icy- Is `i*,,,Igned tt� resoonsibility of handling <mnasse proceeding's
atvl IitIlration, Mr. Bonfa feels that the time of his staff may not
be xs I.irni fir aptly of feft;ed. He makes the alnint, however, that if
speetal counsel. :foes ne,LLotla.ting, it is better for, are.cial counsel
�
to handle Impas e nrocee:ii;ngs because he when is in the position
sad' def rndlnr T, hltt- own actions during, nei;otiations in whicch the C tv
AtPt.orneytz staff will not be cart cinati.ng. The City Attorney con-
,Jude, hi ret*txrt,Itnr the Ccrino l that 'hiss staff grill be in,rol ed in
hi, day-t,w--day r,1vi.n'r ^f xe�7al advice and consultation with members
of thy* Administrator and 'ferscnnel Director staffs in connection
w1th labor relation natters. Also, that speci.a:l counsel. will .fre-
fluentl.y conl*er with -ire "'ty Attorney and his staff for nurptises of
6",ontInulty and per':apoct vp.
David D . '-wl.anda
f:.i.t,y AdmI$?Istrat@sr