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HomeMy WebLinkAbout4.06 Renewal of NORCAL Agreement C I T Y O F D U B L I N AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 30, 1989 SUBJECT: Renewal of Agreement for NOR CAL Employment Relations Consortium (Prepared by Lou Ann Riera-Texeira) EXHIBITS: Agreement; Proposed 1989 Schedule of Seminars and Workshops; Membership Roster. RECOMMENDATION: • 'prove the City's continued participation in the program ,, '-:nd authorize the City Manager to execute the agreement. FINANCIAL Sufficient funds are included in the approved 1989-90 STATEMENT: budget. DISCUSSION: Since January of 1987, the City has participated in the NOR CAL Consortium which provides employee relations training. The Consortium has provided an excellent opportunity for supervisory and management employees to obtain valuable training at local seminars. The law firm which prepares the presentations is well recognized in their field and they represent many public agencies. The training sessions cover a wide range of issues such as employment relations, employee evaluation and discipline procedures, and leadership. Attached is a tentative schedule of workshops and seminars to be conducted in 1990. The program is structured around a calendar year and the proposed agreement covers 'January 1, 1990 through December 31, 1990. A copy of the current membership roster is also attached. The roster includes one contact person for each agency. However, each agency is allowed to register as many employees as they wish for each seminar. According to the current Membership Roster, there are 19 participating agencies. The base cost for retaining the law firm is spread evenly among the members. The cost of lunches and renting meeting space is divided among the agencies based on attendance. With 19 participants, the base cost of Dublin's participation would be $1,250. Adequate funding to cover the base cost plus anticipated rental fees is included in the current budget. The City's continued participation in this program will assure that City staff obtain appropriate training. In addition to the training sessions, the law firm also provides unlimited telephone consultation and a periodic newsletter outlining current legal developments. It is recommended that the City Council approve the City's participation in the NORCAL Consortium and authorize the City Manager to execute the agreement. Min.) jio. 1 14 6 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between, the CITY OF DUBLIN, A Municipal Corporation, hereinafter referred to as "City", and the law firm of LIEBERT, CASSIDY & FRIERSON, A Professional Corporation, hereinafter referred to as "Attorney" . WHEREAS City has the need to secure expert training and consultative services to assist City in its relations and negotiations with its employee organizations; and WHEREAS City has determined that no less that eighteen other public agencies in City's general geographic area have the same need and have agreed to enter into. identical agreements with Attorney; and WHEREAS 'Attorney is specially experienced and qualified to perform the special services desired by the City and is willing to perform such services; NOW, THEREFORE, City and Attorney agree as follows: Attorney's Services During the year beginning January 1, 1990, Attorney will. provide the following services to City (and the other aforesaid public agencies) : 1. Five days of group training workshops covering such employment relations subjects as management rights and obligations, administering evaluations, negotiation strategies, employment discrimination and affirmative action, employment relations from the perspective of elected officials, grievance and discipline administration for supervisors and managers, planning for and responding to concerted job actions, current court, administrative and legislative developments in the personnel relations areas, etc. , with the specific subjects covered and lengths of individual workshop presentations to be determined by City and the other said local agencies. 2 . Availability of Attorney on an unlimited basis, for City to consult by telephone. 3 . Providing of a monthly newsletter covering employment relations developments. Fee: Attorney will provide these special services to City for a fee of One Thousand Two Hundred Fifty Dollars ($1, 250. 00) payable in one payment on or about February 1, 1990. Said fee will cover Attorney's time in providing said training and consultative services, and the development and printing of written materials provided to attendees at training programs. Additional Services: Attorney shall, as and when requested by City, make itself available to City to provide representational and other employment relations services at its normal hourly fees. Independent Contractor: It is understood and agreed that Attorney is and shall remain an independent contractor under this Agreement. Term: The term of this Agreement is twelve (12) months commencing January 1, 1990. The term may be extended for additional periods of time by the written consent of the parties. Condition Precedent: It is understood and agreed that the parties' aforesaid rights and obligations are contingent on no less than eighteen other local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 1990. Dated: ' V l LIEBERT, CASSIDY & FRIERSON A Professional Corporation 4111 . By :f. tom . t Dated: CITY OF DUBLIN A Municipal Corporation By LAW OFFICES LIEBERT, CASSIDY & FRIERSON A PROFESSIONAL CORPORATION JOHN LIEBERT 6033 WEST CENTURY BOULEVARD SAN FRANCISCO OFFICE: DANIEL C.CASSIDY LARRY J. FRIERSON SUITE 900 FOX PLAZA 1390 MARKET STREET, SUITE 1010 LINDA JENSON LOS ANGELES, CALIFORNIA 90045 • BRUCE A. BARSOOK SAN FRANCISCO, CALIFORNIA 94102-5304 S10 NA D.WINDSOR (213) 646-6492 (415) 661-3127 RICHARD M. KR EIS LER FAX (213) 337-0837 FAX (415) 626-7605 . PAUL M.OSTROFF JEFFREY SLOAN MARY L. DOWELL MARIE C. BUTS SANDRA OWENS DENNISON NICHOLAS T.CALDERON DEBRA L. BRAY MILDRED COLLINS ROSARIO TOBIAS October 12 , 1989 MELANIE M. POTURICA OF COUNSEL REGINALD T. MURPHY DIRECTOR OF TRAINING PROGRAMS NORCAL EMPLOYMENT RELATIONS CONSORTIUM FINAL 1990 WORKSHOP SCHEDULE Date/Time/Location Subject Audience Thursday Overview of Employment Representatives of January 25, 1990 Relations Issues Agencies and of 9: 00 am - 4 : 00 pm Employee Organizations Walnut Creek Thursday Administrative and Law Enforcement March 22 , 1990 Legal Challenges to Managers, Risk 9 am - 4 pm Law Enforcement Managers, Personnel/ Walnut Creek Management Employment Relations Staffs, Agency Counsel Thursday Effectively Supervisors and May 24, 1990 Administering the Managers 9 am - 4 pm Evaluation and Walnut Creek Discipline Process Thursday Managing Employee Supervisors and September 27, 1990 Injuries, Disability Managers 9 am - Noon and Occupational Walnut Creek Safety Thursday Personnel Records and Upper Management, September 27, 1990 Files: Issues of Personnel/Employment 1 pm - 4 pm Contents, Maintenance, Relations Staffs, Walnut Creek Retention, Access and Agency Counsel Litigation Discovery Thursday Recommended Leadership Supervisors and -November 15, 1990 Techniques for the Managers 9: 00 am - 4: 00 pm First Line Supervisor Walnut Creek WORKSHOP DESCRIPTIONS January 18, 1990 "Overview of Employment Relations Issues" This workshop is directed to representatives of an agnecy's employee organizations as well as its management with the purpose of enhancing constructive employer-employee organization relations. The program will cover the practical and legal aspects of such topics as negotiations, grievance processing, organizational representation rights and limitations, and employment discrimination. March 22, 1990 "Administrative and Legal Challenges to Law Enforcement Management" The workshop is directed towards upper law enforcement managers (lieutenant, captain, and chief ranks) who are responsible for establishing or administering city and department policy; as well as personnel and employment relations managers, agency legal staff, and risk managers. Topics covered will include issues of sexual and other ,_ harassment in the work place and its prevention; effective utilization of the probationary work period; internal affairs, Bill of Rights Act and disciplinary problem areas; and the ever-growing field of municipal and supervisory liability pursuant to 42 U.S.C. Section 1983 and other civil rights laws under which suits are regularly brought against Cities and their law enforcement personnel. Substantial attention will be given to actual fact situations which can give rise to civil liability. May 24, 1990 "Effectively Administering the Performance Evaluation and Discipline Process The program is designed for managers and supervisors responsible for implementation of disciplinary policies and procedures. The agenda will include the "ins and outs" of effectively implementing disciplinary actions. Topics will include updates concerning the due process consideration, importance of counseling and evaluation as a precedent to discipline, and the principles of progressive discipline. The approach will be practical - not "legalistic" - and will maximize involvement of attendees through discussions of hypothetical but realistic fact situations. Septmeber 27, 1990 Managing Employee Injuries, Disability and Occupational Safety This workshop is designed to acquaint all levels of management with the procedures and principles of the workers compensation systems, and to assist them in effectively dealing with the risk management problems associated with occupational safety and employee injuries and disability. Topics covered will include an overview of the workers compensations system, temporary and permanent disability and light duty issues, medical benefits, vocational rehabilitation, third party claims, discrimination issues viz-a-viz the Labor Code and employment discrimination laws, interface of the disciplinary system with disability retirement claims, dealing with injury, disability and safety grievances, investigation of disability claims, and reporting responsibilities. "Personnel Records and Files: Issues of Contents, Maintenance, Retention, Access and Litigation Discovery" Among the topics to be discussed in this workshop will be the purposes, appropriate contents, maintenance and retention of personnel files. Access to employee personnel records information will be discussed, including such issues as union, third paarty and employee rights to inspect employee records; employee privacy rights in personnel records information; applicable California code provisions; impact of litigation; and what information, if any, can/should be divulged to prospective employers or credit services. The workshop is directed to departmental administrative staff who work with or have access to personnel files and records, personnel and employment relations staff, and agency counsel. November 15, 1990 "Recommended Leadership Techniques For the First Line Supervisor" This program is designed to provide the first line managers with an opportunity for refining his/her supervisory skills with emphasis on the supervision of personnel at the work location. The focus will be to present practical suggestions and to illustrate techniques for coping with such leadership challenges as: motivating personnel, coping with the stress syndrome, working with the probationary employee, ensuring equity and evenhandedness in administrating departmental and agency policies, avoiding perceptions of discrimination or disparate treatment, investigating and responding to complaints, and getting the best from employees. The program will focus on practice rather than theory, and will provide an opportunity for attendees to share their experiences, problems and expertise by interacting with each other and the presenter. Daren Fields Betty Assist. Administrative Officer Administrative Services Dir. City of Albany City of Antioch 1000 San Pablo Ave. P.O. Box 130 Albany, CA 94706 Antioch, CA 94509 415-528-5710 415-754-8384 Cathryn Freitas Ann Crossey Personnel Officer Personnel Director Central Contra Costa City of Concord Sanitation District 1957 Parkside Drive 5019 Imhoff Place Concord, CA 94519 Martinez, CA 94553 415-671-3000 415-689-3890 Norma Hoshide Paul Rankin Personnel Director Assistant to City Manager Contra Costa Water District City of Dublin 1331 Concord Avenue P.O. Box 2340 Concord, CA 94524 Dublin, CA 94568 415-674-8000 415-829-4600 JoAnne Sidwell Tamara Wickland Administrative Analyst Personnel Officer City of El Cerrito City of Hercules 10890 San Pablo Avenue 111 Civic Center El Cerrito, CA 94530 Hercules, CA 94547 415-234-2323 415-724-9800 Ron Gallaher Ruth Steiner Director of Personnel Services Director of Admin. Services City of Livermore City of Martinez 1052 S. Livermore Avenue 525 Henrietta Street Livermore, CA 94550 Martinez, CA 94553 415-449-4000 415-372-3505 Joseph Meneghini Gerry Dunbar Assistant City Manager Director of Human Resources City of Pinole City of Pittsburg 2131 Pear Street P.O. Box 1518 Pinole, CA 94564 Pittsburg, CA 94565 415-724-9000 415-439-4850 NORCAL MARCH 1989 • . - Fred Quiel Larry M._- er Asst. City Manager/Dir. of Adm Personnel Director City of Pleasant Hill City of Pleasanton 3300 North Main Street P.O. Box 520 Pleasant Hill, CA 94523 Pleasanton, CA 94566 415-934-6050 415-484-8001 FX 484-8236 Delores Gaines Mary Vail Acting Personnel Director Assistant to City Manager City of Richmond City of San Ramon P.O. Box 4046 2222 Camino Ramon Richmond, CA 94804 San Ramon, CA 94583 415-620-6538 415-866-1400 Bonnie Yee Don Cardno Personnel Analyst Director of Personnel City of Vallejo City of Vallejo P.O. Box 3068 P.O. Box 3068 Vallejo, CA 94590 Vallejo, CA 94590 707-648-4436 707-648-4527 Wendy Lack Giselle Wolf Personnel Officer - Personnel Director City of Walnut Creek City ofEmeryville P.O. Box 8039 2200 Powell Street Walnut Creek, CA 94596 12th Floor 415-943-5800 Emeryville, CA 94608 415-654-6161 End of Report NOEL • MARCH 1989 -2-