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HomeMy WebLinkAbout4.2 Renew NORCAL Agreement C I T Y O F D U B L I AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 14, 1991 SUBJECT: Renewal of Agreement for NORCAL Employment Relations Consortium (Prepared by Lou Ann Riera-Texeira, Assistant to the City Manager) EXHIBITS: Agreement; Proposed 1991 Schedule of Seminars and Workshops; Membership Roster. RECOMMENDATION- Approve the City' s continued participation in the /program and authorize the City Manager to execute the agreement. FINANCIAL The annual fee to participate in the NORCAL Consortium STATEMENT: is $1,300 . In addition, there are minimal costs related to lunches and meeting space. Sufficient funds are included in the approved 1990-91 budget. DESCRIPTION: Since January of 1987, the City has participated in the NORCAL 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 evaluations and discipline procedures and leadership. Attached is a tentative schedule of workshops and seminars to be conducted in 1991 . The program is structured around a calendar year and the proposed agreement covers January 1, 1991 through December 31, 1991 . 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 20 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 20 participating agencies, the base cost of Dublin' s participation would be $1, 300 . Adequate funding to cover the base cost plus anticipated lunch and 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. Staff recommends that the City Council approve the City' s participation in the NORCAL Consortium and authorize the City Manager to execute the agreement. ---------------------------------------------------------------------- COPIES TO: ITEM NO. IZ-.1� ,• ��`� ©C/ —0 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 than twenty 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 I Is Services During the year beginning January 1, 1991, 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 Three Hundred Dollars ($1,300.00) payable in one payment on or about February 1, 1991. 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, 1991. 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 twenty local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 1991. LIEBERT, CASSIDY & FRIERSON CITY OF DUBLIN A Professional Corporation A Municipal Corporation By ,' BY i Law Offices LIEBERT, CASSIDY & FRIERSON A Professional Corporation Los Angeles Office: San Francisco Office: 6033 W. Century Blvd.,Ste.900 1390 Market St.,Ste. 1010 Los Angeles,California 90045 San Francisco,California 94102 (213)645-6492 (415)861-3127 Fax(213)337-0837 Fax(415)626-7605 ............. ............. ......... ...... .......... EMPLOYMENT............ ......... .. ....... ......... ........ ................. . ........... ...... .......... .......... .......... ...... 1991 WORKSHOP SCHEDULE DATE/TIME SUBJECT AUDIENCE LOCATION Thursday "Management/Supervisory Supervisors & January 31, 1991 Rights & Obligations in Managers 9:00 am - 4:00 pm Employment Relations" Walnut Creek Thursday "Supervisors'/Managers' Guide Supervisors & March 21, 1991 to Avoiding Employment Managers 9:00 am - 4:00 pm Discrimination Liability" n1Z Walnut Creek Thursday "Effectively Utilizing Supervisors & May 23, 1991 Performance Evaluation As A Managers am - noon Management/Supervisory Walnut Creek Tool" 1 11 Thursday "Write It Right" Managers & May 23, 1991 Supervisors who 1:00 pm - 4:00 pm evaluate, discipline, or Walnut Creek counsel employees in writing, whose job duties & external communications and/or who review such written communications Thursday "Effectively & Legally Handling Supervisors & September 26, 1991 the Interview & Selection Managers 9:00 am - noon Process" Walnut Creek Thursday "Fire Me & I'll Sue" Supervisors & September 26, 1991 Managers 1:00 - 4:00 pm Walnut Creek Thursday "Annual Audit of Your Agency Upper Management, November 21, 1991 & Departmental Personnel Personnel/Employment 9:00 am - noon Rules" Relations Staff Walnut Creek Thursday "Personnel Issues With Upper Management, November 21. 1991 Respect to At-Will Employees" Personnel/Employment 1:00 pm - 4:00 pm Relations Staff, Agency Walnut Creek Counsel Wkshp5\NorCa1\Schedu1e WORKSHOP DESCRIPTIONS January 31, 1991 "MANAGEMENT/SUPERVISORY RIGHTS AND OBLIGATIONS IN EMPLOYMENT RELATIONS" The presenter will provide an overview of the rights, prerogatives, and the corresponding responsibilities, of managerial and supervisory personnel in a labor relations environment. The agenda will cover such topical areas as the Myers- Milias-Brown meet and confer law; supervising and directing employees; working with the problem employee; administering Memoranda of Understanding/Personnel Rules/Departmental Rules; processing grievances and disciplinary actions; employee representation rights; and testifying in administrative appeals hearings. The program format will include case studies as participatory activities for attendees. A workbook will be provided with materials related to management rights and responsibilities. March 21, 1991 "SUPERVISORS'/MANAGERS' GUIDE TO AVOIDING EMPLOYMENT DISCRIMINATION LIABILITY" The workshop which is designed for all levels of agency management, will provide information on how to best avoid employment discrimination liability. The emphasis will be on a practical - not "legalistic" - approach and will include discussions of hypothetical but realistic fact situations. The program will address the subject of employment discrimination from the perspective of contemporary court and arbitration-grievance decisions, and will recommend management preventive measures. May 23, 1991 "EFFECTIVELY UTILIZING PERFORMANCE EVALUATION AS A MANAGEMENT/SUPERVISORY TOOL" This workshop is designed to be of particular value to managers and supervisors who are responsible for evaluation of agency personnel. Topics will include the purpose and emphasis in evaluating employees, communicating with evaluatees, and the particular challenges posed by evaluation of marginal employees. Approach is designed to be practical rather than legalistic. May 23, 1991 "WRITE IT RIGHT' This workshop will focus on the examination of specific issues related to effective written communication by managers and supervisors in such work related situations as operational directive, work standards and standards of conduct, and employee evaluation, counseling and discipline. Sample letters will be provided. September 26, 1991 "EFFECTIVELY AND LEGALLY HANDLING THE INTERVIEW AND SELECTION PROCESS FOR SUPERVISORS AND MANAGERS The presenters for this workshop, will guide participants through the process of selecting eligible applicants for open positions. Among the topics covered are interview preparation, listening skills, evaluation of applicant qualifications, score results and information verification. Legal aspects of the process are emphasized, including permissible and impermissible questions, avoiding statements that may give rise to EEO liability and avoiding selection decisions based on impermissible classifications. September 26, 1991 "FIRE ME & I'LL SUE" This program will bring together the various management issues that need to be considered in order to avoid liability in connection with termination actions. This will include such topics as civil service rules and oral and written communications concerning job tenure, hiring procedures, performance evaluations and counselling, sensitivity to issues concerning discrimination and employee privacy, conducting employee investigations, medical and psychological factors related to terminations, resignation in lieu of discharge, procedural due process, releases and separation agreements, job references, lay-off actions, documenting a discharge case, employee representation rights, administrative appeal hearings and liability issues. November 21, 1991 "ANNUAL AUDIT OF YOUR AGENCY & DEPARTMENTAL PERSONNEL RULES" A review of your agency, departmental and work unit rules, regulations, procedures and directives dealing with supervisory and personnel practices and employer- employee relations. A discussion of suggested revisions to rules and regulations in order to comply with changes in the law and effective management practices. Related negotiating obligations will be considered. A Workbook including checklists and samples of rules will be provided. November 21. 1991 "PERSONNEL ISSUES WITH RESPECT TO AT-WILL EMPLOYEES" This workshop will focus on such at-will employees as temporary, probationary and exempt, and will address the legal and practical ramifications of such personnel issues as compensation, benefits, tenure and bargaining rights of such employees. This half-day workshop is addressed to top managers, personnel/employment relations staff, and agency counsel. Daren Fields Cathryn Freitas Assistant to City Administrator Personnel Officer City of Albany Central Contra Costa Sanitary District 1000 San Pablo Avenue 5019 Imhoff Place Albany, California 94706 Martinez, California 94553 (415) 528-5710 (415) 689-3890 x308 Betty Prange Norma Hoshide Administrative Services Director Director of Personnel City of Antioch Contra Costa Water District Post Office Box 130 Post Office Box H2O Antioch, California 94509 Concord, California 94524 (415) 778-3501 (415) 674-8116 LouAnn Riera-Texeirc, Joann Sidwell Administrative Assistant to City Manager Administrative Analyst City of Dublin City of El Cerrito Post Office Box 2340 10890 San Pablo Avenue Dublin, California 95468 El Cerrito, California 94530 (415) 833-6650 (415) 234-2323 Giselle Wolf Tamara Wickland Personnel Director Personnel Officer City of Emeryville City of Hercules 2200 Powell Street, 12th Floor 111 Civic Drive Emeryville, California 94608 Hercules, California 94547 (415) 654-6161 (415) 799-8200 Ron Gallaher Ruth Steiner - Director of Personnel Services Director of Personnel Services City of Livermore City of Martinez 1052 South Livermore 525 Henrietta Street Livermore, California 94550 Martinez, California 94553 (415) 373-5110 (415) 372-3513 Joe Meneghini Gerry Dunbar Assistant City Manger Director of Human Resources City of Pinole City of Pittsburg 2131 Pear Street 340 Marina Boulevard Pinole, California 94564 Pittsburg, California 94565 (415) 724-9000 (415) 439-4896 Pat Sully Larry Miller Director of Administrative Services Director of Personnel City of Pleasant Hill City of Pleasanton 3300 North Main Street Post Office Box 520 Pleasant Hill, California 94523 Pleasanton, California 94566 (415) 943-3224 (415) 484-8236 Marva Wallace Bill Lindsay Personnel Director Administrative Services Director City of Richmond City of San Ramon Post Office Box 4046 2222 Camino Ramon Richmond, California 94804 San Ramon, California 94583 (415) 620-6602 (415) 275-2200 Mark Gregersen Wendy Lack Director of Personnel & Labor Relations Personnel Officer City of Vallejo City of Walnut Creek Post Office Box 3068 Post Office Box 8039 Vallejo, California 94590 Walnut Creek, California 94596 (707) 648-4435 (415) 943-5814 Ann Crossey Sue Harrington Director of Personnel & Employee Relations Director of Human Resources City of Concord County of Solano 1950 Parkside Drive 580 Texas Street Concord, California 94519 Fairfield, California 94533 (415) 671-3346 (707) 421-6170