SUBJECT
Title
Approve the Second Amendment to Outside Counsel Agreement with Leone & Alberts for Legal Services
Report
REPORT IN BRIEF
Approval is requested for a Second Amendment to the Outside Counsel Agreement with the law firm of Leone & Alberts for legal services and representation of the City in a labor arbitration between the City and the Public Safety Officer Association (PSOA). This Second Amendment is needed to cover the costs associated with this arbitration, which is estimated to be $25,000.
BACKGROUND
Katherine Alberts, a partner in the law firm Leone & Alberts, is an experienced trial lawyer who has represented public entities in a wide range of employment disputes. Ms. Alberts’ firm was retained by the City Attorney under Section 908 of the City Charter to represent the City and provide legal services, consultation and advice concerning the above referenced arbitration. The Agreement was entered in June 2017, and the not to exceed amount has been increased once to the current not to exceed amount of $100,000. The term of the Agreement expires in May 2020.
DISCUSSION
The PSOA filed a grievance against the City in December 2016, claiming that the Department of Public Safety, while investigating a citizen complaint, violated its internal affairs investigation policy and discriminated against certain PSOA members for union activity. The parties were unable to resolve the issue through the grievance process and the PSOA requested arbitration in June 2017 pursuant to the provisions of the MOU between the parties. The broad nature of the PSOA’s allegations required significant review and preparation time, as well as an unusually long hearing time, with multiple witnesses for each side testifying over seven days of hearing.
This amendment, which will increase the not-to-exceed amount by $25,000 for a total new not-to-exceed amount of $125,000, should provide sufficient funds to complete the arbitration process for this matter.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
Funds are available in the FY 2017/18 Employee Relations Fund.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
RECOMMENDATION
Recommendation
Authorize the City Attorney to execute a Second Amendment to Outside Counsel Agreement with Leone & Alberts for Legal Services to increase the not-to-exceed amount by $25,000 for a total new not-to-exceed amount of $125,000.
Staff
Prepared by: Nichole G. Anglin, Paralegal
Reviewed by: Melissa C. Tronquet, Assistant City Attorney
Approved by: John Nagel, City Attorney
ATTACHMENT
1. Draft Second Amendment to Outside Counsel Agreement