Loading...
HomeMy WebLinkAboutUnbudgeted Expenditure - Outside Attorney Fees for Police De .. Council/Agency Meeting Held: 61111,111-7 Deferred/Continued to: c� ©A4160 proved El Conditionally Approved ❑ Denied City Clerks Signature /-n / Council Meeting Date: Council Meeting Department ID Number: 97-04 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: AIL HUTTON, City Attorney v o-Ail PREPARED BY: IL HUTTON, City Attorney 19 j�, 1 SUBJECT: Outside Attorney Fees for Police Department and Other Labor Grievances Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Whether to amend the legal services budget by appropriating $50,000 to Legal Services Account E-AA-AT-131-4-05-00 from the City's General Fund. Funding Source: Unappropriated General Fund Recommended Action: 1. Amend the City's Attorney's budget by appropriating $50,000 to the City Attorney's legal services account no. E-AA-AT-131-4-05-00 to fund outside attorney services to assist the City Attorney in representing management in personnel litigation and grievances. 2. Adopt Resolution 97-36 Authorizing the City Attorney to amend the legal services contracts with Woodruff, Spradlin & Smart; Thelin Marin, Johnson & Bridges; Meyer, Cobal and Palmer; Liebert, Cassidy & Frierson; and Rexon, Freedman, Kelpetar & Hambleton to permit the City to expend in excess of$10,000 for each firm's services. Alternative Action(s): Do not approve $50,000 increase to the City Attorney's budget. C-1 I RLQUEST FOR COUNCIL ACTIUN MEETING DATE: Council Meeting DEPARTMENT ID NUMBER: 97-04 Analysis: Since October 1, 1996, the City Attorney's office has represented management in seven (7) disciplinary grievances involving 16 hearing days, one (1) shift selection non- disciplinary grievance, and one (1) disability hearing. Further, one decision of the Personnel Commission has been challenged via writ to the Superior Court. Of the disciplinary grievances, five (5) arose from the Police Department. On occasion, it would be helpful to the City Attorney's office to be able to rely on outside legal expertise to either address specific legal issues as they arise in the course of a personnel matter, or to serve as special counsel to the City to handle individual grievances where there is a conflict or need for special expertise. To that end, last May 1996, the City Attorney issued a request for qualifications to identify outside counsel to provide expertise on labor-related matters, principally police-related grievances. Twelve responses were received. Three firms were selected to be placed on a panel to be available on a case-by- case basis to address police-related grievances: Woodruff, Spradlin & Smart; Thelin, Marin, Johnson & Bridges; and Meyer, Cobal & Palmer. Favorable rate agreements were negotiated with all three firms at the rate of $140 per hour. In addition, Liebert, Cassidy & Frierson and Whitmore, Johnson & Bolanos are available to the City on a case-by-case basis, albeit at higher rates. Finally, the City Attorney also serves as counsel to the City Personnel Commission. On those occasions when the City Attorney's office is representing management on a matter before the Commission, it has a conflict, and will not serve as counsel to the Commission on the same matter. (The only exception is if a deputy city attorney sufficiently divorced from the matter can be identified.) Jeffrey Freedman of Rexon, Freedman, Klepetar & Hambleton has been hired to serve as counsel to the Commission in these situations. Contracts for under $10,000 have been negotiated and entered into with each of these firms, except for Whitmore, Johnson & Bolanos, which already has a February 1997 contract, approved by the City Council to exceed $10,000. To fund this program, it is requested that the Council appropriate $50,000. To date, $1,852.80 has already been expended, using available appropriations from the City Attorney's budget for outside legal counsel. In addition, it is requested that the City Council adopt Resolution 97-36 to authorize the City Attorney to amend the existing legal services contract with the above-named firms to authorize services in excess of $10,000 (per City Charter Section 613A). This will allow a firm to complete an assignment even if the services exceed $10,000. 97-04.DOC -2- 06/10/97 4:04 PM A RcQUEST FOR COUNCIL ACTION MEETING DATE: Council Meeting DEPARTMENT ID NUMBER: 97-04 Environmental Status: N/A AttachmentO: City Clerk s Page Number 1 Resolution No. 97-36 2 Fiscal Impact Report 97-04.DOC -3- 06/10/97 9:32 AM ATTACHMENT �_ RESOLUTION NO. 9 7-3 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY ATTORNEY TO ENTER INTO CERTAIN LEGAL SERVICES AGREEMENTS WHEREAS, Section 613(a) of the Charter of the City of Huntington Beach authorizes the City Council to authorize the City Administrator or other officer of the City to enter into written agreements; and The City Attorney periodically has the need to use outside legal services to address personnel issues as they arise in the course of an individual matter, or to serve as special counsel to the City to handle individual labor grievances where there is a conflict of interest or need for special expertise; and The City Attorney has previously entered into legal services agreements not to exceed $10,000 with the law firms of Woodruff, Spradlin& Smart; Thelin, Marin, Johnson & Bridges; Meyer, Cobal and Palmer; and Liebert, Cassidy & Frierson for under$10,000 pursuant to Sections 3.03.060(b) and 3.03.100 of the Huntington Beach Municipal Code; and There is a possibility of one or more of these contracts will require legal services in excess of$10,000 in the course of the single fiscal year, which expenditure requires City Council approval; and NOW, THEREFORE, the City Council of the City of Huntington Beach hereby resolves that the City Attorney is hereby authorized to enter into legal services contracts in excess of $10,000 with the law firms of Woodruff, Spradlin& Smart; Thelin, Marrin, Johnson & Bridges; Meyer, Cobal and Palmer; and Leibert, Cassidy& Frierson regarding personnel and labor-related matters. 1 SF/s:PCD:Resoluti on:LglSvcs 6/10/97-#3 z Res. No. 97-36 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 16th day of June, 1997 by the following vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Harman City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/reso1uti/resbkpg/97-34 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16 t h day of ,Tune , 1997. A144 A4UA-�— Mayor ATTEST: APPROVED AS TO FORM: City Clerk �°/!�/9� 54teY4mttoey -ii f7, REVIEWED AND APPROVED: INITIATED AND APPROVED: Ci Administrator C*. Attorney polf SF/s:PCD:Resolution:Lgl Svcs 6/10/97-#3 s s ATTACHMENT � 1 F, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Michael T. Uberuaga, City Administrator From: Robert J. Franz, Deputy City Administrator Subject: FIS 97-42 Legal Services of Outside Counsel for Police Department and Other Labor Grievances Date: May 13, 1997 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for Legal Services of Outside Counsel for Police Department and Other Labor Grievances. If the City Council approves this request, the estimated fund balance of the Genera fund at September 30, 1997 will be reduced to $5, ,11 X Robed W Franz, Deputy City Administ r