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Home My WebLink About11- City Administrato CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson Subject: Agreement with Liebert, Cassidy City Administrator ORIGINAL and Frierson Dept: Date: June 10 , 1998 Synopsis of Previous Council action: 7/21/97 -- Resolution #97-229 adopted authorizing agreement with Liebert, Cassidy and Frierson for labor relations services. Recommended motion: Adopt resolution. Signature Fred Wilson 5122 Contact person: Phone: Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: $1 , 700 Source: (Acct. No.) 001-092-5502 Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No.� STAFF REPORT The City of San Bernardino has been a member of the San Gabriel Valley Employee Relations Consortium since 1995. Through that association, the City has been offered participation in various labor relations training services offered by the law firm of Liebert, Cassidy and Frierson. These services have included workshops dealing with negotiation strategies, grievance and discipline administration, legislative and administrative developments in the personnel field and various other topics of interest. In 1997, 35 employees from the Water Dept, Personnel,Risk Management, Fire, Police, Animal Control and Facilities Management have attended a total of 5 workshops. Attached is a listing of those workshops as well as those being offered for 1998. It has proven to be a beneficial service to the city. The cost for the 1998/99 year is $1,700 to be paid from professional/contractual services. The attached agreement is recommended for approval. ERC PLANNING MEETING Consortium Workshop History 1995 - 1990 1996 - 1997 1997 - 1998 Avoiding Harassment Liability Recommended Leadership Techniques Exercising Your Management Rights and for the First-Line Supervisor October 16, 1997 Addressing Drug&Alcohol Abuse October 17, 1996 9:00 a.m.-4:00 p.m. in the Workplace 9:00 a.m.-4:00 p.m. December 14, 1995 9:00 a.m.-12 Noon& 1:00 p.m.-4:00 p.m. Violence in the Workplace Personnel Files: Whose Business Conflict Resolution January 25, 1996 Is It Anyway? and 9:00 a.m.-12 Noon and Avoiding&Handling a Grievace Rightsizing:Employee Relations February 19, 1998 Issues and Answers 9:00 a.m.-12 Noon& November 21, 1996 1:00 p.m.-4:00 p.m. 9:00 a.m.-12 Noon& 1:00 p.m.-4:00 p.m. Effectively Administering the Discrimination. . . NOT.( Legal Mandates Discipline Process and and February 29, 1996 The Fair Labor Standards Ad Annual Audit of Your 9:00 a.m.-4:00 p.m. January 16, 1997 Personnel Rules 9:00 a.m.-12 Noon& April 16, 1998 1:00 p.m.-4:00 p.m. 9:00 a.m.-12 Noon& 1:00 p.m.-4:00 P.M. Conducting the Discipline Investigation Developing a Working Relationship Hiring the Right Person the Right Way and With the Union and The Role of Past Practice in and Managing the Marginal Employee Employment Relations Write it Right June 18, 1998 April 18, 1996 March 20, 1997 9:00 a.m.-12 Noon& 9:00 a.m.-12 Noon& 9:00 a.m.-12 Noon& 1:00 p.m.-4:00 p.m. 1:00 p.m.-4:00 p.m. 1:00 p.m.-4:00 p.m. Addressing Disciplinary Situations Performance Evaluations: DonY Wait ADA/FMLA/Workers'Compensation Relating to Attendance Problems& Communicate! Disability Retirement: Administering Abuse of Paid Leave and Overlapping Laws May 23, 1996 The Meaning of At-Will Employment May 21, 1998 9:00 a.m.-12 Noon May 15, 1997 9:00 p.m.-4:00 p.m. 9:00 a.m.-12 Noon& 1:00 p.m.-4:00 p.m. What Every Manager Should KnoW Resped to Avdding/Resolvng Labor Problems June 20, 1996 9:00 a.m.-4:00 p.m. :jasl 0773.1 LlebeM Cassidy &Frierson 6033W Centwy 8W.Suit 601 Loo Arq*W.CA 90015(310)6453492 • 49 Steven4wi Street Suite 1050 S.Fr...CA 94105(415)5463100 « EMPLOYMENT RELATIONS CONSORTIUM Master Workshop Topics List SUPERVISION AND MANAGEMENT Title ' �` Audience.= ; Workshop Length Avoiding and Handling a Grievance Supervisors and Managers Half or Full Day Effective Leadership Techniques for Supervisors and Managers Full Day Supervisors/Managers Exercising Your Management Rights Supervisors and Managers Full Day The Role of Past Practice in Supervisors and Managers Half Day Employment Relations Managing the Marginal Employee Supervisors and Managers Half Day Management Rights vs. Employee Supervisors and Managers Full Day Grievances: Issues and Answers EVALUATION AND DISCIPLINE Title " Audience Workshop , .. r ..,._ Length Advanced Discipline Supervisors and Managers Half Day who have attended the basic discipline workshop Discipline...If? When? What? How? Supervisors and Managers Full Day Performance Evaluations: Don't Wait, Supervisors and Managers Half Day Communicate! Use and Abuse of Absenteeism Supervisors and Managers Half Day Finding the Facts: Disciplinary Supervisors and Managers Half Day Investigations Liebert,Cassidy &Frierson 6033 W Century 61vG„Suite 601 Los Angeles.CA 90665(310)6456x92 a 49 Stevenson Street,Suite 1050 San Frarrieco,CA 9410.5(415)5466100 ERC Master Topics List DISCRIMINATION AND AFFIRMATIVE ACTION t Title �" " Audience °'� Workshop �rsg r Length Discrimination. . .NOT! Supervisors and Managers, Full Day Human Resources Staff Preventing Workplace Harassment Supervisors and Managers, Half Day Human Resources Staff The ADA - An Expanding Field of Management, Personnel/ Half Day Employment Discrimination (to include Employment Relations Staff, Mental Disabilities) Agency Counsel Finding the Facts: Harassment Upper Management, Half Day Investigations Personnel/ Employment Relations Staff, Agency Counsel PRIVACY Tile orkshop._ Length -� Privacy Issues in the Workplace Upper Management, Half or Full Personnel/ Employment Day Relations Staff, Agency Counsel EMPLOYEE RELAT IONS Title' Workshop � Length Legal Issues You Need to Now Executive Managers, Half Day Personnel/ Employment Relations Managers, Agency Counsel Hiring the Right Person the Right Way Supervisors and Managers Half Day Reference Checks Supervisors and Managers Half Day Liebert, Cassidy & Frierson 6033W Century BN Suite 601 Los Angeles.CA 90045(310)645 92 a 49 Stevenson Strsel,Suite 1050 San Frarwsco,CA 94105(415)54645100 ERC Master Topics List Legal Update on Employment Law Upper Management, Half Day Personnel/ Employment Relations Staff, Agency Counsel Legal Mandates Middle and Upper Level Half Day Managers; Personnel and Human Resource Specialists Personnel Issues: Hiring, Reference Upper Management, Full Day Checks and Personnel Records and Personnel/ Employment Files Relations Staff, Agency Counsel Personnel Files: Whose Business is it Personnel & Employee Half Day Anyway? Relations Staff, Agency Counsel, Administrative Staff responsible for maintaining Personnel Records Public Meeting Law and Public Records Members of Legislative Half Day Act Review and Update Bodies, Administrative Boards, Top Managers, Personnel/ Employment Relations Staff, Agency Counsel & Risk Managers A Manager's Employment Relations Supervisors and Managers Full Day Primer The Meaning of At-Will Employment Upper Management, Half Day Personnel/ Employment Relations Staff, Agency Counsel Annual Audit of Your Personnel Rules Personnel/Employment Half Day Relations Staff Family and Medical Leave Act Supervisors and Managers Half Day Violence in the Workplace Upper Management, Half Day Personnel/ Employment Relations Staff, Agency Counsel Liebert, Cassidy & Frierson 6033 W.Cwtwy Bhd.,Suds 601 Lw Argebs,CA 90045(310)645-6492 ♦ 49 Slsysndo Staid,Suds 1050 San Fran0 ,CA 94105(015)54 6100 ERC Mosier Topics List NEGOTIATIONS 1 rPn� f b. A' Title ud lano,e Workshop N.Ungth A Guide to Labor Negotiations Upper Management, Full Day Personnel/ Employment Relations Staff, Agency Counsel DISABILITY AND OCCUPATIONAL SAFETY Tale , orlshop`; �. n tFi Managing Employee Injuries, Disability Supervisors and Managers Full Day and Occupational Safety Current Developments in Workers' Senior Managers, Risk Half Day Compensation and Disability Managers, City Managers, and Staff, City Attorneys and Staff, and Personnel Directors ADA/FMLA/Workers' Upper Management, Full Day Compensation/Disability Retirement: Personnel/ Employment Administering Overlapping Laws Relations Staff, Agency Counsel LAW ENFORCEMENT Tale vA d ncef "^ ,Workshop 3 c „� , Len th ,.. : 9 Administrative and Legal Challenges to Supervisors and Managers Full Day Law Enforcement Management Law and Strategies Affecting Conduct Supervisors and Managers Full Day of a Police Internal Affairs Investigation Liebert, Cassidy &Frierson 6000 W.Century BHd.,Suite 601 Loa Angeles,CA 90045(010)6456492 ♦ 49 Stiii SVeeL Suite 1050 San F,3n .CA 94105(415)546-6100 COPY • 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN 3 AGREEMENT WITH LIEBERT, CASSIDY & FRIERSON FOR LABOR RELATIONS TRAINING SERVICES . 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS : 7 SECTION 1 . The Mayor is hereby authorized and directed to 8 execute on behalf of the City of San Bernardino an agreement for 9 special services with Liebert, Cassidy and Frierson, a copy of 10 which is attached hereto and incorporated herein as Exhibit "A" , 11 for the total amount of $1, 700 , for labor relations training. 12 SECTION 2 . The authorization to execute the above-referenced 13 agreement is rescinded if the parties to the agreement fail to • 14 execute it within sixty (60) days of the passage of the resolution. 15 16 I HEREBY CERTIFY that the foregoing resolution wa duly adopted 17 by the Mayor and Common Council of the City of San Bernardino at a 18 meeting thereof, held on the day of 19 1998, by the following vote, to wit : 20 Councilmembers AYES NAYS ABSTAIN ABSENT 21 ESTRADA 22 LIEN 23 ARIAS 24 SCHNETZ 25 DEVLIN • 26 DEAN-ANDERSON 27 MILLER 28 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH LIEBERT, CASSIDY & FRIERSON FOR LABOR RELATIONS TRAINING SERVICES. • 1 2 City Clerk 3 4 The foregoing resolution is hereby approved this day of 5 , 1998 . 6 7 Judith Valles, Mayor City of San Bernardino 8 9 Approved as to form 10 and legal content : 11 JAMES F. PENMAN City A orney 12 By: 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 2 • AGREENIENT FOR SPECIAL SERVICES This Agreement is entered into between the CITY OF SAN BERNARDINO, 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 services to assist City in its relations and negotiations with its employee organizations; and WHEREAS City has determined that no less than thirty (30) public agencies in the San Gabriel Valley 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: Attorneys Services: • During the year beginning July 1, 1998, Attorney will provide the following services to City (and the other aforesaid public agencies): 1. Five (5) days of group training workshops covering such employment relations subjects as management rights and obligations, negotiation strategies, employment discrimination and affirmative action, employment relations from the perspective of elected officials,performance evaluation (administering evaluations), grievance and discipline administration for supervisors and managers, planning for and responding to concerted job actions, current court, administrative and legislative developments in personnel administration and employment relations, etc., with the specific subjects covered and lengths of individual workshop presentations to be determined by City and the other said local agencies. 2. Providing a monthly newsletter covering employment relations developments. F Attorney will provide these special services to City for a fee of One Thousand Seven Hundred Dollars ($1,700.00), payable in one payment on or about July 1, 1998. Said fee will cover Attorney's time in providing said training, 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 other employment relations services at its normal hourly fees. However, no services other than group training sessions shall be provided to City without the express written consent of the City Attorney, and all of City's requests for legal advice without such consent shall be referred to the City Attorney. 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 July 1, 1998. The term may be extended for additional periods of time by the written consent of the Mayor and Common Council of the City of San Bernardino, Liebert, Cassidy & Frierson, and the San Bernardino City Attorney. Condition Precedent: • It is understood and agreed that the parties' aforesaid rights and obligations are contingent on no less than thirty (30) local agency employers entering into a substantially identical Agreement with Attorney on or about July 1, 1998. THIS AGREEMENT SUPERSEDES ANY PREVIOUS AGREEMENTS BETWEEN THE PARTIES.,,"" -- ''��►► Dated:( LIEBERT, CASSIDY & FRIERSON A Professional Corporation By Dated: CITY OF SAN BERNARDINO A Municipal Corporation Approved as to form and content. By By • �i