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Home My WebLink About12-11-2013 Administration Committee Agenda Package Wednesday, December 11, 2013 5:30 P.M. Orange County Sanitation District - Administration Building Regular Meeting of the Board Room Administration Committee 10844 Ellis Avenue Fountain Valley, CA 714 593-7130 AGENDA PLEDGE OF ALLEGIANCE: DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES: • Report on the District's Investment Program Performance Results from the Investment Consultant, Pacific Investment Management Company (PIMCO), in managing the District's Investment Program for 2013 and over time since its inception. CONSENT CALENDAR: 1. Approve Minutes of the November 13, 2013 Administration Committee Meeting. ACTION ITEMS: 2. Interview and select a labor relations consulting services firm per Steering Committee direction regarding meet and confer with represented employee groups, including assistance in developing labor negotiations strategies and providing assistance with other labor relations matters. 12/11/2013 Adainistation Committee Agenda Page 1 of 2 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Administration Committee meeting is scheduled for Wednesday, February 19, 2014. Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Postina: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Made E.Ayala Clerk of the Board (714)593-7130 mavalaaocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager Jim Ruth (714)593-7110 iruth0ocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli(clocsd.ccm Assistant General Manager Jim Herberg (714)593-7300 iherberoralomd.com Director of Finance and Lorenzo Tyner (714)593-7550 Itvner(rpomd.com Administrative Services Director of Human Resources Jeff Reed (714)593-7144 ireedGDocsd.com 12/11/2013 Administration Committee Agenda Page 2 of 2 ITEM NO. 1 MINUTES OF THE REGULAR MEETING OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, November 13, 2013, at 5:30 P.M. A regular meeting of the Administration Committee of the Orange County Sanitation District was held on November 13, 2013, at 5:30 p.m., in the Sanitation District's Administration Building. Following the Pledge of Allegiance, a quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Brad Reese, Chair Jim Herberg, General Manager John Withers, Vice-Chair Lorenzo Tyner, Director of Finance David Benavides & Administrative Services Tyler Diep Jeff Reed, Director of Human Resources Jim Ferryman Ed Torres, Director of Operations & Peter Kim Maintenance Prakash Narain Nick Kanetis, Director of Engineering Christina Shea (Alternate) Kelly Lore, Administrative Assistant Teresa Smith Jennifer Cabral Troy Edgar, Board Chair Norbert Gaia Al Garcia COMMITTEE MEMBERS ABSENT: Laurie Klinger Steven Choi Mike White Janet Nguyen Joe Shaw John Anderson, Board Vice Chair OTHERS PRESENT: Brad Hogin, General Counsel Kristin Almendarez, McGladrey Jeff Altshuler, McGladrey PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Committee Chair Reese did not give a report. REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES: Lorenzo Tyner did not give a report. General Manager Jim Herberg did not give a report. CONSENT: 1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the October 9, 2013 Administration Committee Meeting. Alternate Director Christina Shea abstained. NON-CONSENT: Chair Reese stated that Item 3 would be heard out of order. Controller Mike White provided a PowerPoint presentation and answered questions from the Committee regarding: Net position source and use of funds; unrealized loss on investments and unmodified opinion in the audit rating. Director Diep arrived at 5:52 p.m. Jeff Altshuler, Audit Partner, and Kristin Almendarez, Audit Manager, representing McGladrey LLP, communicated information regarding the Independent Auditor's Report, overall audit approach & procedures, and a summary of the audit results. They then responded to various questions from the Committee regarding the results and the internal controls audit. 3. MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: Receive and file the Sanitation District's Comprehensive Annual Financial Report for the year ended June 30, 2013, prepared by staff and audited by McGladrey, Certified Public Accountants, along with the following reports prepared by McGladrey: A. Report to the Administration Committee; and B. Report on Internal Controls; and C. Independent Accountants' Report on Agreed-Upon Procedures Applied to Appropriations Limit Worksheets. 11/13/13 Administration Committee Minutes Page 2 of 3 Director of Human Resources Jeff Reed and Human Resources Supervisor Rich Spencer made a brief presentation to the Committee regarding the objective of the classification and compensation studies. After questions and comments from the Committee, an alternate motion was made. 2. MOVED SEGGA DULY IDED AND n V GARRIED RAnnmirnnnd 4n the Qnn.A ni Direeterste 44I14`hn 4Mn (]nnnnal Manage. to nnll n:4 picapasals and mA A !`nnn..I4nM MOVED, SECONDED, and DULY CARRIED to continue this item to the next Administration Committee meeting. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: Committee Chair Reese declared the meeting adjourned at 6:56. Submitted by: Kelly A. Lore Administrative Assistant 11/13/13 Administration Committee Minutes Page 3 of 3 ADMINISTRATION COMMITTEE Neebng Dare To ad.of Dir. 12/11/13 -- AGENDA REPORT Item Number Item Number 2 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jeff Reed, Director of Human Resources SUBJECT: LABOR RELATIONS CONSULTING SERVICES GENERAL MANAGER'S RECOMMENDATION Interview and select a labor relations consulting services firm per Steering Committee direction regarding meet and confer with represented employee groups, including assistance in developing labor negotiations strategies and providing assistance with other labor relations matters. SUMMARY The Board of Directors expressed a desire to utilize labor relations consulting services for four (4) bargaining units whose Memorandums of Understanding (MOUs) expire June 30, 2014. Three (3) of the bargaining units are represented by the Orange County Employees Association (OCEA). OCEA represents 99 OCSD employees, who perform paraprofessional and administrative jobs. The fourth bargaining unit is the Intemational Union of Operating Engineers - Local 501 (Local 501). Local 501 represents 199 OCSD employees, who perform operations, maintenance and other trade-related jobs. Per Steering Committee direction, staff has provided a short-list of four (4) labor relations consulting services firms for the Administration Committee's consideration. Information for each firm is attached for the committee's review. Representatives from all four (4) firms will be present and available for questions. The short-list of firms is as follows: 1. Atkinson, Andelson, Loya, Ruud & Romo 2. Filarsky & Watt 3. Liebert Cassidy Whitmore 4. Rutan & Tucker Staff has also provided a list of questions for the Administration Committee's consideration that may serve as a guide for discussion during the meeting. PRIOR COMMITTEE/BOARD ACTIONS N/A Page 1 of 2 ADDITIONAL INFORMATION It is estimated that the cost for labor relations consulting for both OCEA and Local 501 negotiations will total $28,000. Liebert Cassidy Whitmore also offers a monthly retainer option, which, if selected and protracted negotiations occur, could result in costs more than $28,000. The following cost estimate is based on an average hourly rate of $280 and historical OCSD meet and confer patterns: 12 negotiation meetings with labor groups (1.5 hours each meeting) = 18 hours 12 internal preparatory meetings with staff (1.5 hours each meeting) = 18 hours 3 presentations to the Board of Directors (2 hours each presentation) = 6 hours Office time for analysis of proposals = 8 hours Subtotal 50 hours Subtotal x 2 employee organizations (OCEA and Local 501) = 100 hours ($28,000) Rates for labor relations consultants: 1. Atkinson, Andelson, Loya, Ruud & Romo: $275 per hour 2. Filarsky & Watt: $290 per hour 3. Liebert Cassidy Whitmore: $4500 per month retainer or$300 per hour 4. Rutan & Tucker: $265 per hour CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE The funds for the labor relations consulting agreement are derived from the OCSD Operating Budget. $119,080 has been budgeted in the FY 2013-14 budget for this purpose. ATTACHMENTS The following attachments) are attached in hard copy and may also be viewed on-line at the OCSD websim(www.ocsd.coml with the complete agenda package: • Labor Relations Consulting Firm Information and Attorney Biographies: 1. Atkinson, Andelson, Loya, Ruud & Romo 2. Filarsky & Watt 3. Liebert Cassidy Whitmore 4. Rutan & Tucker • Discussion Questions Page 2 of 2 Return to Aaenda Report 11a� �y� Atkinson, Andelson 11 Loya, Ruud & Romo A Professional Law Corporation Sub Practice Area : Collective Bargaining & Labor Relations AALRR has over 30 years of experience representing municipalities, counties and public agencies in all aspects of their relationships with employees and labor unions, including collective bargaining negotiations, meet and confer issues and grievance arbitrations.We also provide in-service training to clients in contract implementation and interpretation, and in grievance processing. Our services in regard to negotiations include: • Acting as spokesperson or advisor in negotiations • Drafting and reviewing proposed contractual language • Consulting with and advising the administration and governing board regarding negotiations • Working with cities and agencies representing clients through mediation and fact-finding Related Practice Areas Employment Law Cities, Counties & Special Districts Districts May Insist To Impasse On Proposals That Retain Discretion Over Mandatory Subjects of Barge State to Lock in Building Workers Return b Acentla RepoCerrt 128003 Office Suite Center Court Onve (562)653-3333 Phone Suite 300 (562)65o.c.. Fax E�11C1riSOT1, f�TldejS011 Cerritos,California 90703 www.aalrccom aahTLoya, Ruud & Romo Irvine office A Professional Law Corporation 20 Pacifica,Suite 400 (949)453-4260 Phone Irvine,California 92616 (949)4534262 Fax JAY Q TRINNAMAN Senior Associate jtrinnaman@aalrr.com Labor and Employment Law Experience Jay Trinnaman is a Senior Associate in the Cerritos office of Atkinson, Andelson, Loya, Ruud & Romo. Mr. Trinnaman's background as an attorney includes representing employers in both the public and private sector. His practice emphasizes all aspects of labor relations and employment law matters, including representation of employers in disciplinary and grievance arbitrations, unfair labor practice charges before PERB, EEOC/DFEH charges, collective bargaining, writ of mandate matters, and advice and counsel. In addition to representing California employers, Mr. Trinnaman is licensed to practice law in the State of Nevada where he has had success on behalf of clients in business litigation matters, including: Obtaining an arbitration award of $1.8 million plus attorney's fees in a breach of contract matter on behalf of a client in the hospitality industry; and obtaining an arbitration award of $1.1 million in damages and attorney's fees against a client's former employee for breach of the confidentiality provision of his employment contract. Prior to joining AALRR, Mr. Trinnaman had five years of experience representing clients in the field of law enforcement, including serving as General Counsel for the California Organization of Police and Sheriffs. He has an extensive background in all matters pertaining to the Public Safety Officers Procedural Bill of Rights Act. Publications and Speaking Engagements Mr. Trinnaman has regularly conducted seminars and workshops to groups of public and private sector employers, including the firms annual Employment Law Conference, the California Public Employers Labor Relations Association (CALPELRA), the Southern California Public Labor Relations Council, and the County Counsels' Association of California. He has presented on a wide variety of labor and employment topics, including public employee First Amendment rights, employee privacy rights in an era of new technologies, the Public Safety Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights Act, employee due process and pre-deprivation rights, reductions in force, off-duty misconduct, the nuts and bolts of proper employee documentation, and defense against retaliation and whistleblowing claims. He also contributes to the firm's publications. Education Mr. Trinnaman received his Bachelor of Arts degree from Vanderbilt University and his Juris Doctor from the Tulane University School of Law. Admissions 2001, State Bar of California; and 2005, State Bar of Nevada Cerritos • Fresno • Irvine • Pleasanton • Riverside - rcramento • San Diego Return to Mende Report FILARSKY&WATT LLP AT ORNEYS AT LAW (VAI OFFICE STEVE A.FILARSKY 1441 M EEMH STREET 408 BRYANT CMCLE,SOUE C SHARON A.WAn MANHATTAN BEACH,CALIFORNIA 90266 OJAI,CA 93023 (310)545-7825 (805)640-2970 FACSNILE(310)545-2999 FAcstMn.E(805)640-2980 PRACTICE OF THE FIRM: Filarsky &Watt LLP specializes in representing public sector employers statewide in all matters pertaining to employer- employee relations. The firm has been in existence since March 1986. Our fine provides the following services: Personnel Administration Administrative Hearings • Review and develop employee handbooks, Arbitrations before professional personnel rules and policies neutrals involving private • Design and assist in implementing discipline, agreement, contract or an grievance and hearing procedures administering agency, such as • Review and develop recruitment and selection the California State Mediation procedures and Conciliation Service • Wage and hour administration United States Department of • Conduct harassment and discipline training Labor • Termination and layoff; termination agreements Equal Employment Opportunity Commission Collective Bargaining and California Department of Fair Contract Administration Employment and Housing • Employment Development • Contract negotiation, administration and Department enforcement Department of Industrial • Counseling on collective bargaining Relations • Strategy and techniques California Public Employees' • Collective bargaining representation, including Retirement System Board of concession bargaining Administration • California Public Employment Administrative Proceedings Relations Board and Employment Litigation Civil Service and other Public Agency Commissions and • Disciplinary hearings, grievances and appeals Boards • Investigations • Wrongful termination and harassment • Title VII and Americans with Disabilities Act • Federal and State discrimination and civil rights • Writs of mandate • Appeals 1 Return to Mende Report MANAGEMENT OF THE FIRM: The firm is owned by Steve A. Filarsky and Sharon A. Watt. Steve A. Filarsky is the managing partner. When the firm was formed in 1986, a decision was made to stay small to provide the personalized service not found at larger firms. NEGOTIATIONS EXPERTISE: Mr. Filarsky has served as a chief management-spokesperson in collective bargaining negotiations with law enforcement, fire protection, transit, teacher, and miscellaneous public employee bargaining units. He has represented the following clients in negotiations: Bear Valley Community City of Lake Elsinore Healthcare District City of La Palma Chino Basin Municipal Water City of Montebello District City of Monterey Park City of Azusa City of Orange City of Baldwin Park City of Palos Verdes Estates City of Buena Park City of Placentia City of Carlsbad City of Redlands City of Chino Hills City of Rialto City of Colton City of San Gabriel City of Commerce City of Signal Hill City of Costa Mesa City of Yorba Linda City of Duarte Eastern Municipal Water District City of Fullerton Orange County Sanitation District City of Glendora Orange County Vector Control District City of Hemet Orange County Water District City of Hermosa Beach South Bay Public Regional City of Hesperia Communications Authority The agreements negotiated on behalf of these and other employers, depending on the particular philosophy and circumstances of a given agency, have run the gamut from brief understandings limited to benefit items to comprehensive labor-type agreements that define substantially all terms of employment, and through management rights and "zipper"types of clauses, providing protection to management's ability to manage the agency. In addition to conducting negotiations and impasse resolutions for public employers, Mr. Filarsky continually works with cities, counties, and other public agencies that employ staff personnel to do their own negotiations. This arrangement has involved all aspects of consultation and related services, including writing initial bargaining proposals, providing training and advice concerning negotiating strategies, and giving general advice when particular problems arise. 2 Return to Mende Report LEGAL PROCEEDINGS: Mr. Filarsky has represented public employers in administrative hearings before City Councils, Civil Service Commissions, Personnel Commissions, Arbitrators, Equal Employment Opportunity Commission, Fair Employment Practices and Housing Commission, Public Employment Relations Board, and the Unemployment Insurance Appeals Board. He has represented public employers in Superior Court, State Court of Appeal, California Supreme Court, Federal District Court, Ninth Circuit Court of Appeals and United States Supreme Court proceedings. Examples of such representations, in addition to many of the agencies listed earlier, include: City of Bell City of Malibu City of Bell Gardens City of Norco City of Brea City of Ontario City of Burbank City of Pismo Beach City of Costa Mesa City of Pomona City of Downey City of Rancho Cucamonga City of Fountain Valley City of Torrance City of La Mirada County of Riverside City of La Puente Rancho California Water District City of La Verne Twin Cities Police Department City of Manhattan Beach West Cities Police Communications JPA Mr. Filarsky has the unique distinction of prevailing, unanimously, in both the California State Supreme Court (Filarsky v. Superior Court (2002) 28 Cal.0 419, 49 P.3d 194, 121 Cal.Rptr.2d 844) and the United States Supreme Court (Filarsky v. Delia (2012) 132 S.Ct. 1657). TRAINING: Mr. Filarsky has conducted workshops for employee discipline, performance evaluation, grievance handling, and negotiations for the League of California Cities, California Public Employer Labor Relations Association, California Joint Powers Insurance Authority and many individual clients. MR. FILARSKY'S BACKGROUND: Mr. Filarsky received his Bachelor of Arts degree in Political Science/Public Administration, graduating Magna Cum Lauds, from Loyola University of Los Angeles. He received his Juris Doctor degree from Loyola University School of Law, graduating with honors, in December 1979. Mr. Filarsky was admitted to the California State Bar in May 1980. Before becoming an attorney, Mr. Filarsky was responsible for the labor relations program of the City of Garden Grove for three and one-half years. Prior to that, he was employed by the City of Manhattan Beach. 3 Return to Mende Report REFERENCES California Joint Powers City of La Mirada Insurance Authority Tom Robinson, City Manager Jon Shull, Executive Director (562) 943-0131 (562) 467-8717 City of La Palma City of Brea Ellen Volmert, City Manager Tim O'Donnell, City Manager (714) 690-3333 (714) 990-7715 City of Malibu City of Chino Hills Christi Hogin, City Attorney Michael Fleager, City Manager (310) 643-8448 (909) 590-1511 City of Oceanside City of Costa Mesa John Mullin, City Attorney Lance Nakamoto (760)435-3979 Human Resources Manager (714) 754-5899 City of Redlands Enrique Martinez, City Manager City of Culver City (909) 798-7510 Serena Wright Human Resources Director City of San Gabriel (310) 253- 5642 Steve Preston, City Manager (626) 308-2805 City of Fountain Valley Jean Hirai, Personnel Director City of San Marino (714) 593-4400 John Schaefer, City Manager (626) 300-0718 City of Fullerton Gretchen Beatty City of Signal Hill Human Resources Director Ken Farfsing, City Manager (714) 738-6360 (562) 989-7300 City of Lake Elsinore Eastern Municipal Water District Barbara Leibold, City Attorney Paul Jones, General Manager (951) 471-0465 (909) 928-3777 Orange County Vector Control District Michael Hearst, General Manager (714) 721-1824 4 Return to Aaenda Report L,IEBERT CASSIDY WHITMORE Firm Resume A PROFESSIONAL LAW CORPORATION EMPLOYMENT LAW I LABOR RELATIONS I EDUCATION LAW I MANAGEMENT TRAINING www.lcwlegal.com Return to Aaenda Report FIRM RESUME With offices in Los Angeles, San Francisco, Fresno, and San Diego, Liebert Cassidy Whitmore provides services for a majority of California's public agencies, including special districts. The Firm is a full service employment, and labor relations law firm providing consultation, representation, litigation, negotiation and investigation services to public agency management, as well as legal advice on a variety of business, construction, and facilities issues. In addition, the Firm produces a wide-range of dynamic management training workshops and seminars in employment and labor relations issues to special districts, cities, counties, courts, schools, and community college districts. Negotiation Services Members of Liebert Cassidy Whitmore have successfully negotiated thousands of labor agreements for special districts, cities, counties, and school and college districts. The agreements negotiated on behalf of public employers, depending upon the particular philosophy and circumstances of a given agency, have ran the gamut from brief understandings limited to benefit items to comprehensive labor agreements that define substantially all terms of employment. These comprehensive MOU's, through management rights, waivers and "zipper" type clauses, provide protection to management's ability to manage the agency. Members of the firm are experienced in collaborative/interest based bargaining techniques as well as the more traditional labor negotiations approach. In addition to conducting negotiations for public employers, we continually work with public agencies that employ staff personnel to do their own negotiations. This arrangement has involved all aspects of consultation and related services, including writing initial bargaining proposals, reviewing counter-proposals,providing training and advice concerning negotiating strategies, and giving general advice when particular problems arise. Negotiating Impasses Services provided by members of the firm have included direct participation, as well as general consultation in hundreds of mediation, fact-finding and arbitration proceedings. Strikes We have worked with many public sector clients in contingency planning for job actions and in assisting them in strike-related activities. A firm partner co-authored the "Management Strike Handbook" published by the International Personnel Management Association. ® UEBERT CASSIDY WHITMORE Return b Aaends Report FIRM RESUME ContractAdministration and Grievance Handling The firm has extensive experience in the area of grievance administration, ranging from giving advice at the administrative levels of the grievance process through litigating arbitration cases. Public Employment Relations Board Representation Members of the firm have had many years of experience representing our clients in all phases of PERB proceedings, from consultation and responses to Unfair Labor Practice claims through PERB hearings and court appeals. A firm partner served as counsel to the PERB Board's first Chairperson as well as serving as a PERB Administrative Law Judge. Another firm partner served as a representative of the League of California Cities and the California Association of Counties in the legislative and administrative proceedings in connection with the PERB assuming jurisdiction over local agency employment relations. Our Aoaroach to Negotiations > We work with and for the chief administrative official and his/her designated staff, and through him/her with the Governing Body. We provide professional advice to assist the agency in determining its policy goals and objectives, which then become our goals and objectives; we see our job as applying our best efforts and skills to achieving them. r We believe in carefully organizing for negotiations, with goals and objectives kept well in mind. The negotiating process, we believe, consists of definable stages, from preparatory activities to the preliminary bargaining phases, "hard bargaining," and finally to agreement, impasse procedure, or work action. Each stage of the process requires an organized approach in order to maximize the chances of attaining bargaining objectives. > Our philosophy is not one of"union busting," but rather one of using a professional approach that seeks to achieve and maintain professional relationships, notwithstanding the adversarial aspects of the process. > We call to the attention of our clients that in return for agreeing to competitive benefit adjustments, it is reasonable for them to seek to contractually protect and maximize their management discretion to set standards of service and retain the prerogative to direct, assign, and stimulate employees to meet them. n We see the conclusion of negotiations as the beginning for establishing a constructive employer-employee organization-employee relations structure, which requires management training and ongoing involvement with agency management on our part. ® LIEBERT C ssmy WmTmo" Return b Aaenda Report FIRM RESUME > While one member of the firm handles a particular negotiating unit, at least one other designated attorney will be kept advised so that at all times the client has access to an attorney who is familiar with the status of the situation in each bargaining unit. Local Agency Employment Law Services We have worked closely with city attorneys, county counsels and general counsels, and have directly handled the representation for our local agency clients in literally hundreds of legal proceedings before civil service and personnel boards, arbitrators, the Public Employment Relations Board (PERB), state and federal EEO and other administrative agencies and the courts. These proceedings have covered the full spectrum of employer- employee relations matters, including such matters as civil service appeals, recognition and unit representation matters, unfair labor practice charges and related negotiating issues, employment discrimination matters, pension and disability issues, wrongful termination and Fair Labor Standards Act claims. Investigations Practice Group The firm's Investigation Practice Group specializes in investigating allegations of discrimination, harassment and other misconduct. Our investigative practice primarily serves private sector employers and public sector agencies that are not already firm clients. However, we also represent current clients on a case-by-case basis depending upon the specific facts and allegations at issue. We continue to publish articles and present workshops on the topic of investigations. Our workshops identify the key components of a successful investigation including how and when to begin an investigation, who should conduct the investigation, how to maintain confidentiality, how to organize and execute an effective investigation, and how to evaluate the facts and take corrective action once the investigation is completed. Audit Services By virtue of the public agency background of members of the firm, we have extensive experience in developing local agency Employer-Employee Relations Resolutions/ Ordinances and personnel policies and procedures. A firm partner developed the League of California Cities Sample Employer-Employee Relations and Personnel Policies and Procedures Ordinances. The firm does extensive work in reviewing agency civil service/personnel policies and rules to assure continuing consistency with the ever- changing dictates of EEO and affirmative action, labor relations and other laws and administrative regulations. Members of the firm conduct comprehensive audits regarding agency's compliance with the Fair Labor Standards Act(FLSA). Additionally, the firm publishes a comprehensive guide, "Fair Labor Standards Act: A Public Sector Compliance Guide," that serves as a reference to agencies across the country. ® LIEBERT C smy WmTmo" Return to Aaenda Report FIRM RESUME To learn more about the FLSA Audits, log onto www.FLSAaudit.com where you can find detailed information about what an FLSA audit entails. Contracts, Construction and Facilities We represent and advise special districts on a broad spectrum of issues in business and facilities,both transactional and litigation. Our services include the following: • Pre-bid issues, Bid Protest and Procedures, Subcontractor Substitution Issues • Competitive Bidding and Contract Award Issues • Project Delivery Methods, Architect Agreements, CM/PM Agreements • Course of Construction Issues, Stop Payment Notices, Takeover Agreements • Construction Litigation, Change Orders, Delay Claims • Other Construction Issues, Labor Compliance Programs and Prevailing Wage • Real Property and Eminent Domain, CEQA and Green Building Issues •Non-Construction Contract Review, Purchasing Issues, Surplus Property Distribution Public Safety Representation On a daily basis, LCW provides advice, consul and representation to fire safety and law enforcement management and their respective executives in a variety of issues that impact professional public safety administrators. A number of LCW attorneys have had the privilege of representing public safety professionals for more than 30 years. Having proudly earned the trust and respect of several generations of public safety professionals, LCW accommodates the emergency nature of public safety related employee relations by being readily accessible to assist in addressing issues of administrative leave, administrative/criminal investigations, and investigative methodology and strategic planning. With its immense public safety related experience, LCW brings both legal acumen and practical knowledge to its client interactions. Disciplinary Investigations Our attorneys are experts in both the Firefighters and Public Safety Officers Procedural Bill of Rights and are always available to provide timely advice to your investigators. We routinely review investigations in order to assess the strengths and weaknesses of investigations and any discipline which may result. Our lawyers have obtained important appellate court victories including the following cases: Upland Police Officers Association v. City of Upland (2003) 1It Ca1.AppAth 1294; Gilbert v. Sunnyvale (2005) 130 Cal.AppAth 1264; Steinert v. Covina (2006) 146 Cal.AppAth 458; Benach v. County of Los Angeles (2007) 149 CalAth 836; and Los Angeles Deputy Sheriffs v. County of Los Angeles, Los Angeles County Sheriff's Department et al(2008) 166 Cal.AppAth 1625. = LIEBERT C smy Wtirrmo" Return to Aaenda Report FIRM RESUME We continue to publish articles and present workshops on the topic of internal affairs/ disciplinary investigations. Our workshops identify the key components of a successful investigation including how and when to begin an investigation, who should conduct the investigation, how to maintain confidentiality, how to organize and execute an effective investigation, and how to evaluate the facts and take corrective action once the investigation is completed. Disciplinary Hearings Every disciplinary case is serious, but those which occur in the public safety context are not only serious but also complicated by the special protections afforded to public safety personnel by laws including the Firefighters and Public Safety Officers Procedural Bill of Rights Acts. Our lawyers have successfully handled hundreds of disciplinary cases over the years. Retirement Practice The firm provides advice and counsel to public agencies regarding the laws and regulations of public employee retirement plans, including PERS, the County 1937 Retirement Act, and local agency retirement laws, as well as on retiree health insurance issues. The firm defends public agencies that are sued regarding retirement issues, defends public agencies and their employees and retired employees in retirement in cases where PERS acts to reduce benefits, and represents public agencies in disability and industrial disability retirement appeals. The firm helps agencies defend against PERS and other retirement board audits and, where necessary, files administrative appeals to challenge any negative audit findings. Members of the firm advise on all issues related to PERS, 1937 Act and STRS benefits. For example, we provide advice and counsel to clients regarding retirement formulas, the rules on reportable compensation, PERS and 37 Act contract amendments, disability retirement procedures and obligations, service credit, GASB issues, unfunded liabilities, retiree health benefits, vested rights and elected official benefits. Retirement issues have major impacts on agency labor relations. The firm provides strategy and guidance during negotiations in regards to retirement benefits, including acting as chief negotiator. We review agency policies and collective bargaining agreements/memoranda of understanding to ensure that they comply with applicable law. We represent agencies in retirement related administrative appeals and litigation, and have assisted agencies defend claims of underfanding as well as fiduciary obligations. ® LIEBERT C smy Wturmo E Return b Aaends Report FIRM RESUME Litigation Services Liebert Cassidy Whitmore attorneys strive to prevent employment or other disputes before they arise through education, training, audits, advice, planning, and cooperative employer-employee relations. When employment or other disputes do arise, our defense efforts are designed to meet each client's particular needs, goals, and budget. We specialize in representing public agencies in the defense of legal actions and enjoy the reputation of a results-oriented, successful litigation firm. We are experts in all phases of litigation in both federal and state courts: pleading, discovery, motion practice, alternative dispute resolution, settlement and trial. Our particular expertise is the defense of public agencies in actions brought by employees, former employees, applicants or other individuals alleging employment related claims such as violations of the California Fair Employment and Housing Act; Federal Civil Rights Acts (e.g., section 1981 and 1983 claims); Americans with Disabilities Act; Age Discrimination in Employment Act; Fair Labor Standards Act; Meyers-Milias-Brown Act; Family and Medical Care Leave Acts; wrongful termination; and violation of state and/or federal constitutional rights such as due process, First Amendment and privacy rights. The frrm's attorneys have handled a number of cases that have culminated in jury trials resulting in defense verdicts. These cases included claims for violation of constitutional rights; violation of the Age Discrimination in Employment Act; violation of the disability provisions contained in the Fair Employment and Housing Act; reverse discrimination; sex discrimination; sexual harassment; national origin discrimination; age discrimination; intentional infliction of emotional distress and retaliation claims under both state and federal laws. Our expertise also includes defending and prosecuting claims on behalf of public entities related to business, contract and property issues and construction projects and practices, including contract disputes, delay claims, assessment of liquidated damages, stop payment notice claims, subcontractor substitutions, boundary disputes, and many other construction and business related claims. Consulting and Training Services One of the frrm's greatest sources of accomplishment comes from its record of success in counseling and advising its clients on the best ways to avoid becoming a party to adversary proceedings. We were "pioneers" in the training field by creating "consortiums" of agencies. The thirty-two Employment Relations Consortiums (ERCs) are comprised of over 500 special districts, cities, counties, schools, and community college districts as well as other public sector agencies. M LIEBERT C smY WHrrmo" Return to Aaends Report FIRM RESUME As part of our ERC services, we provide ongoing training on current developments in labor relations and personnel law on subjects including negotiation strategies; performance evaluations; disciplinary actions; employment discrimination, including harassment and ADA issues; Family and Medical Care Leave Acts; violence in the workplace; effective supervision; grievance administration; law enforcement issues and special workshops for governing board members. Experience over the years confirms that not only have the member agencies found the consulting and training services helpful, but an invaluable opportunity for the exchange of ideas and information between agency management. The firm provides individual training services to public agencies on a half-day or full- day basis. We customize these training programs to the precise needs of the client. Members of the firm make presentations on employment relations law issues to a variety of professional organizations including: Association of California Water Agencies Association of Chief Business Officials California Association of Joint Powers Authorities California County Counsels Association California Fire District Association California Law Enforcement Association of Records Supervisors California Municipal Finance Ofcers California Peace Officers Standards and Training(POST)Academy California Police Chiefs Association California Public Employer Labor Relations Association California Sanitation Risk Management Authority California Special Districts Association California State Bar Labor and Employment Law Section California State Sheriffs Association Fire Districts Association of California International Personnel Management Association League of California Cities 6033 West Century Blvd. 153 Townsend St. 5250 North Palm Ave. 550 West"C"Street 5th Floor Suite 520 Suite 310 Suite 620 Los Angeles,CA 90045 San Francisco,CA 94107 Fresno,CA 93704 San Diego,CA 92101 te1: 310.981.2000 te1:415.512.3000 te1:559.256.7800 te1:619.481.5900 fax:310.337.0837 fax:415.856.0306 fax:559.449.4535 fax:619.446.0015 ® LIEBERT CASSIDY WHITMORE Return to Mende Report LIEBERT CASSIDY WHITMORE Bruce Barsook Partner Los Angeles bbarsook@lcwlegal.com Tel: 310.981.2000 Fax: 310.337.0837 Bruce Barsook,who has been with the firm since 1981, has concentrated in education and public sector employment and labor law for more than thirty years. As a result, he has extensive expertise in every facet of education and employment law issues including traditional and collaborative bargaining, arbitrations,fact findings, litigation and every facet of employment law administrative proceedings. In negotiations, Bruce excels in forging strong, effective relationships both with clients and with representatives of those opposing his clients. Additionally, Bruce advises schools and community colleges in regards to both faculty and student issues including discipline, leaves and contractual issues. Prior to joining Liebert Cassidy Whitmore, Bruce served both as counsel and as an Administrative Law Judge for the Public Employment Relations Board. In those capacities, he was involved in drafting and making precedential decisions that affected the direction of public sector labor law during a dramatic period in its evolution. Bruce has utilized his expertise in public sector employment relations on behalf of many city, county, special district, school district, and community college clients. He presents a number of the frm's workshops on education, labor and employment law topics and has also published a significant number of articles in the areas of his expertise. Bruce is an editor of the California Public Sector Employment Law book, State Bar of California/LexisNexis (2011). Bruce Barsook is a former member, Treasurer, and advisor to the Executive Committee of the State Bar of California's Labor and Employment Law Section. He is also member of the Editorial Board of the State Bar of California Labor and Employment Law Review, as well as a contributor and editor of the Public Sector Notes section of the State Bar of Califomia Labor and Employment Law Review. Education JD, University of California, Los Angeles School of Law BA, University of California, Los Angeles Legal Expertise Education Law Employment Law Labor Relations and Negotiation Services Retirement ©2013 Liebert Cassidy Whitmore.All rights reserved. 1 Return to Aaenda Report LIEBERT CASSIDY WHITMORE Bruce Barsook Representative Matters Administrative Hearings: Allan Hancock Community College District(2010)- Represented the District in a case before the Allan Hancock Community College District Board of Trustees to dismiss a police corporal,the highest ranking District employee in the College's police department,for engaging in sexual harassment of co-workers. Although the corporal was a long time employee without a prior disciplinary record, Bruce was able to demonstrate that dismissal was warranted because the corporal not only failed to prevent or stop inappropriate action, but was also its leading perpetrator. Employee made crude, vulgar and objectifying comments about the physical attributes, sexual orientation and/or sexual activity regarding students, co-workers and citizens; made racist comments about African American students; discussed and allowed discussion of sex to permeate the work place. Kern Community College District(2009)-employee organization alleged that the District failed to property implement a salary formula based on salary information from the District and six comparable districts, as reported on the State Chancellor's Office website. After the district fled its information with the Chancellor's Office, it discovered that there was a significant error in its data. It submitted a corrected report to the State, as required by law. The employee organization fled a grievance, claiming that it was entitled to a salary increase based on the originally reported but erroneous figures. The arbitrator ruled that the District properly corrected the data filed in error, and that therefore,employees were entitled to a 1.44% increase rather than the 8.23% increase claimed by the union. Amicus Briefs: San Leandro Teachers Assn v. Governing Bd. of San Leandro Unified School Dist. (2009)-Prepared amicus curiae briefs on behalf of the Association of California School Administrators, the School Employers Association of California, and the California School Boards Association in the California Supreme Court was of San Leandro Teachers Assn v. Governing Bd. of San Leandro Unified School Dist. (2009)46 Cal.4th 822. In that was,the Court held that teacher mailboxes at the district's schools constituted"equipment" under California Education Code section 7054,which prohibits use of school district funds, services, supplies or equipment to support or oppose political candidates or ballot measures. The Court held that the school district could properly prohibit teacher unions from distributing political materials in the teacher mailboxes.The Court rejected arguments by the appellant teacher unions based on federal and state constitutional free speech principles, statutory construction of section 7054, and unions'limited statutory right of access to the school premises. Negotiations: In Re Classified Fact Finding(2009)-Classified Post-Impasse Factfinding. The factfinding panel recommended the District's position as its recommendation on six of the seven issues submitted. City of Pasadena Negotiations- In his role as chief negotiator for the City, Bruce helped the City to negotiate a reduction in compensation to offset the impact of a recent salary increase which the City could not afford. After lengthy meetings at ©2013 Liebert Cassidy Whitmore.All rights reserved. 2 Return to Mende Report LIEBERT CASSIDY WHITMORE Bruce Barsook the bargaining table,as well as"off-the-record"and non-bargaining table discussions with his union counterpart(including a meeting at a council members house on a weekend), Bruce was able to structure a compensation deal which retained the salary increase but saved the City the equivalent amount of money over time through reductions in retirement contributions, holiday pay, a freeze in step increases, and modifications to retiree medical insurance. City of Ventura Negotiations- In his role as chief negotiator for the City, Bruce assisted the City in negotiating new labor contracts with four bargaining groups (police,fire, miscellaneous/general, and supervisors/professionals), resulting in significant ongoing savings for the client. The new labor agreements include, among other provisions, new retirement tiers for all employee groups but the firefighters (who already had the retirement plan the police agreed to), and employee contributions to retirement costs. City of Santa Barbara Negotiations- Bruce was the chief negotiator in negotiations with the Santa Barbara Police Officers Association (PDA). While the negotiations were challenging and at times resulted in public exposure, Bruce and the City were able to successfully negotiate a multi-year agreement in which the PDA agreed to necessary economic concessions, including deferral of a scheduled pay increase, increased employee payment of retirement costs (paying a portion of the employer share of retirement)and suspension of various leave benefits for the duration of the agreement. Santa Barbara Community College District Negotiations- Faculty Association Kem Community College District Negotiations- Faculty and Classified Units Pasadena Community College District Negotiations- Bruce was the chief negotiator for three sets of negotiations: maintenance workers(CSEA), clerical/instructional support employees (ISSU)and academic instructors(PCCFA). Agreements were reached with all three groups. Each of the contracts included an early retirement incentive which will allow the District to reduce its costs and make desired changes to its organizational structure. In addition, the contract with the Faculty Association includes important changes for both sides creating greater efficiencies, instructional improvement, and educational training (e.g., adding part time instructors'office hours, addressing concerns regarding large class instruction and overload assignments, setting aside money to train instructors in online education). South Orange County Community College District Negotiations-Faculty Unit City of Montclair Negotiations-Fire and General Employee Units Kem County Negotiations- Fire, Probation, Probation Managers, Detention Officers, Sheriffs Commanders(2), and Prosecutors Units PERB: San Bernardino Public Employees Association v. San Bernardino County Superior Court(2010)- Bruce represented the San Bernardino County Superior Court in this Public Employment Relations Board ©2013 Liebert Cassidy Whitmore.All rights reserved. 3 Return to Aaenda Report LIEBERT CASSIDY WHITMORE Bruce Barsook proceeding. Ina case in which the parties stipulated to the fads, the administrative law judge(ALJ) ruled that the Court was not obligated to negotiate implementation of an electronic storage system to archive court reporters' notes because the union failed to articulate any negotiable subjects in its request to negotiate. Although the union expressed concerns regarding security of electronic files,an alleged requirement to sign an affidavit, and access to the files, none of these concerns, according to the ALJ, affected employees'terms and conditions of employment. Affiliations State Bar of California's Labor and Employment Law Section, Executive Committee Advisor State Bar of California Labor and Employment Law Review, member of the Editorial Committee; Contributor and editor of Public Sector Notes Awards Bruce Barsook was selected for inclusion in Southern California SuperLawyer, 2004-2006 Publications Public Sector Case Notes, California Labor&Employment Law Review, May 2013, with Leighton E. Davis The Rights and Limitations on a Public Employer's Ability to Unilaterally Implement Terms and Conditions of Employment, CPER Journal, March 2012 Would the Public Safety Employer-Employee Cooperation Act of 2009 Impact California Cities?, Western City,August 2009 Unilateral Implementation Of Terms And Conditions Of Employment: Public Employers' Rights And Limitations, California Labor&Employment Law Review,April 2006 Email Communications—Management's View, CPER Journal, April 2005 Interest Arbitration: Should Your City Prepare for New Legislation?, January 2001 Electronic Mail and the Public Employee, December 1997 Public Employee Use of Electronic Mail, April 1997 Presentations Fact-finding under the MMBA--Old Wine in a New Bottle?-The State Bar of California Labor and Employment Law Section Annual Public Sector Conference-Berkeley-May 3, 2013 Mock Factlinding:The Nuts and Bolts of Factfinding Hearings- Liebert Cassidy Whitmore Annual Conference- Newport Beach- March 22, 2013 PERB Update-Liebert Cassidy Whitmore Annual Conference-Newport Beach-March 21, 2013 ©2013 Liebert Cassidy Whitmore.All rights reserved. 4 Return to Aaenda Report LIEBERT CASSIDY WHITMORE Bruce Barsook Overview of Interest Based Bargaining Negotiations-Central Coast Personnel Council Consortium- Santa Barbara-March 8, 2013 Advanced Labor Negotiations Roundtable-SCCCD ERC-Anaheim -December 7,2012 ©2013 Liebert Cassidy Whitmore.All rights reserved. 5 RUTAN RUTAN 6 TUCKER,LLP Return to Aaerda Report 1 � 1 Not Ratan&Tucker's lawyers are widely known as the best and most effective attorneys in California. Rutan recruits top lawyers from the finest law schools around the country.Asa result,Sultan is staffed with attorneys of the highest caliber who provide the most sophisticated legal services available today. Rutan's commitment to excellence and value set us apart from other top firms,and enable us to meet the challenge of obtaining the desired results for our clients at the best possible cost. Rated's roots lie in Orange County,California,and trace back to 1906.Today,Ratan&Tucker's practice extends nationwide,while maintaining our connection to the fabric of Orange County and California. Rutan&Tucker continues to distinguish itself as Orange County's largest full-service law firm,as it has for decades,while also developing a significant presence in Silicon Valley. EXCELLENCE INTEGRITY TEAMWORK NAVIGATE COMPLEX PROBLEMS IN A TIMELY AND EFFICIENT MANNER RWAN&TUCKER People Rutan &Tucker represents a broad spectrum of clients,from major multinational corporations and financial institutions to family-owned businesses and private individuals;from high technology and industrial enterprises to agricultural firms; from real estate developers to governmental agencies,educational institutions, and charities.The firm's practice extends throughout the United States and includes both the representation of foreign companies doing business in the United States and domestic companies engaged in activities abroad. Our attorneys come from more than thirty law schools nationwide. Many graduated Order of the Coif or Phi Beta Kappa,were the editors of law reviews or held judicial clerkships.The accomplishments of our attorneys reflect the quality of Rutan & Tucker. Rutan attorneys teach law school classes and professional education courses. Many Rutan lawyers hold significant positions in trade,charitable and civic organizations. and going forward,we will continue to make history with a continued commitment to excellence and integrity for many decades to come. GUIDE OUR CLIENTS THROUGH DIFFICULT SITUATIONS BUSINESS LITIGATION Appellate Pradice Group Banking and Finance Cclinacorm Law Corporate Restructuring and Creditors'Rights Intellectual PraperoonechoologY Tax Unfair CompeMioW load Acban Defense Group CORPORATBSECURITIE0AXANTELLECIIIAL PROPERTY Banking and Fnanca Cmdarate Recommend,and Creditor!Rights Intelecual Praparq/TachnolagY Life Sciences Tax Tmstsf ixtates EMPLOYMENTAABON Agreements and Plan Documents Alternative Dispute RasAution Compliance Audits Counseling on Compliance and litigation Avoidance Defense of Class-Aden Lifial Branches entAgain,Enforcement Proceedings and Imesfigations Human Resources Policy Review and Development Labor Law Repreement n Lnigauon of Dan,..in California and Federal Co.. GOVERNMENT&REGULATORY LAW Afford able Housiriodoriomis Development CondamnotloNProperM Valuation Etlunation Lew Envimnmental Law Government Relations and Political Law Land UselNawral Resources Tax REAL ESTATE Affordable HousingfEconomic Development Banking and Finance Co odemnationiPmperN Vauation Construction Law Corporate Restructuring and Creditors'Wphta Envimnmemal Law Lima Um/Namorl Resources Tex Return to AOentla Report RUTAN&TUCKER Areas of Expertise Rumn's BUSINESS LITIGATION lawyers are skilletladvocate, aritudia onl,defense ofemplopment class actions, Ica'.ion with a track record of courtroom triumphs in federal and stem of trade secret aud ms---Ic _:station courts and stand ready to achieve the best possible litigation Of employers belle i. aUs,agencies, outcome for our clients.Our lawyers appreciate that litigation and evidenti,, uc policy review can put a sought on a client's human and Thimaol resources.We and developmnm compliance audits, ith an emphasis on work closely with our clients to develop case strategies and the unique Mallenge , wmplyi,wild C,Ilfemla law-We rise anlNlana that fit cash chart 5'i handle traditional"lame law matters such as union organizing, a trial to judgment in federal or n:. st unfair labor practice claims.Arinsurers and arbitrations,and polatioe to a business dispute,To' c.,>esa U atvp;r,g(,uamrs collective bargaining. with expensive experience with mediation,arbitration and other alternative dispute resolution processes.Clients such Futan's GOVERNMENT&REGULATORY LAW lawyers represent cs hl aced comoations prvatelyheld entities,early public and private lentsT, h I ir ti , incy wide --i =. - -ra'ventures,not fOFpmfit organizations variety of transactional and ' ""C' in our strategic thinking and creative CEOA/NEPA,natural re,, online of dvnm l converse problem solving I( I eselve their disputes qu'ckh,effectively condemnation don,I, , I I I nrydlmg, and egg_r text,substances,goVanlrriendl ralaic, pubic co u,s,labor law,education,municipal finance,elections,water law,and storm Rican,CORPORATE,SECURITIES,Tax and INTELLECTUAL water regulation.We represent stores of public agencies.Our PROPERTY i Vmf namseltional legal public agency clients include cities,school and community college ncluding public and districts,water districts,public finance authorities,community private offerings of securities, . I offers.going private service districts,counties,and other lmal geveremanel entities e periodic reports filed We have a robust practice representing private land owners, vice Commission,representation businesses,and diagrams in dealings with public agencies mergers and appointment,corporate finance transactions, local,state I federal)throughout California.As a result of tat , I It an:: e_le as popery matters.Our clients are Futenis unround expertise,we are at the foafront of evolving included In a added range of industries,including technology, legal developments and are adept at handling complex problems. information services,manufacturing and construction We often q. ea ,canel easier an Cleats with business from s REAL ESTATE L.vey,analya 11 c_see,t or a potential I I _ .,1.relationships,Corporate Rac 'i... .Coal I ,der tanseodons soma' r,,, We .. intellectual property protection,I eluding disputes her dicI sale and disposition of real property I ( actions in -I`sl ectral pruperty infringement and across I[ ,ur t NLale.eitl p taU,ur challenge, owne¢I'I. the depth antl breadth of real estate experience allows us to evaluate all aspens of a real estate transaction In a broad range Roan a EMPLOYMENT AND LABOR twice represent private of industries.When your real estate interests intersect with our sector, I,Is held companies)in ogler practices areas,we leverage the Expertise of our lawyers a wide%,, wmatters-Our areas to more efficiently achieve your objectives Wancepovidetax, [ed and ral and he sped wren fulte inMimts affordable housing emimne to enhance ace use,governmental wagehourclemt)alteinainvedispwrevoution( iediiueand regulation and litigation advice to enhance your real estate wage-0ourdaims),alternative dispute resolution(mediation or investments OUR COMMITMENT TO DIVERSITY IS �' � INSEPARABLE FROM OUR COMMITMENT TO EXCELLENCE Return to Announce Report RUTAN&TUCKER Diversity Commitment Rutan&Tucker recruits,retains and promotes talented The Diversity Committee's prinearymsk is to assist in retaining professionals from a variety of bacMo,runs a nC ski a sets and promoting women attorneys and associates of all cultures, resulting In a culture that thr. r.ev. backgrounds,and lifestyles who might face particular challenges Diversity is a valued and imports of p art of o or on pure in atraditional law firm environment We are pleased that and our community.Our on , i zed growl ng number of Rome s sonnets are women and minorities. by respect far ethers,encouragemen t lot all to exrd and aural opportunity for everyone. The firm and Its Diversity Committee promotes component,and senior attorneys conduct small group meetings with associates Recognizing the significant benefits and value of a diverse work to encourage open dialogue on issues of concern.The Diversity force,Rutanis Tucker is Committed to increasing the diversity of Committee also encourages participation in wide-ranging our law firm in a manner that promotes the firm',Core values of activities that promote diversity outside of the firm,such as those excellence,teamwork.and integrity As the largest full serving sponsored by the Orange County Dints ry Task Force(of which law firm based in Orange County,California,Rutan has played Rumn is a founding member)and minority bar associations. an active role in the County maturation into a world class metropolitan area that reflects the richness of California's cultural diversity.We strive to achieve that same result within our law firm,acknowledging that diversity benefits our firm,our clients,and our community, Terms ry at Rome means more than a guarantee of equal ope-unityIrhi^inco ponsar on,promotion and itrom �......I ii I Rulan"s commitment to diversity is permanent and ongoing part of firm management Recriniing lomlaccG s eftmts to b he acts ordmg as,lawyers of varied backgrounds to more have resulted in new associate Classes consisting of more than 50 percent women and 33 percent persons of color over the past five years. OUR PHILANTHROPY Return to Aaenda Rom Improving the lives of others in our community is just the right thing to do.Given our exceptional talent,Ratan&Tucker is proud to set[he standard for community involvement We perform pro INTEGR AN LYSIS bono legal work through foundations Ratan is involved with,and we support more than 200 charitable programs and philanthropic efforts throughout Orange County and California,including, in part: Anti-Defamafion League Big Brothers big Sisters ( Boys&Girls Club California Hisrorical Group Camp Fire USA Casa Youth Shelter Chapman University Children's Hospital of Orange Coumy ConstiMional Rights Foundation Court Appointed Special Advocates Community In Schools lLlSl Downs Syndrome Association Feir Housing Council Girls lnc. Goodwill Industries Housing wbh Heart Jamboree Hauling Corporation Legal Aitl Society Mariposa Women's &Family Center Olive Crest One OC Orange County Bar Foundation Orange County easiness Council Orange Caunry Children's Therapeutic Arts Caner Segerstram Center For The Arts Public Law Center Raise Foundation Second Harvest Food Bank Share Our Selves Smart Foundation Speciel0lympics S[.Joseph's Hospdal Foundation I Susan G.Kamen Breast Cancer Foundation I D.$. Adaptive Recreation Center We Give Thanks WYland Foundation / 1 O PANGE COO NiV 811 Anton Boulward Suila I4W.COSs Mesa,fA 9SE6 P]Id WISI W f]IQ 61&9W6 PALO ALiO Frve Palo Alm Sq uare.]mP El Camino Peal.9 ui@310.Palo AIm.LA 90.ID6 B9O P PW3ID15U] F b5P 3R09&5 Return to Agenda Report RUTAN RUTAN 6 TUCKER, LLP Firm Overview Rutan &Tuckers highly strategic,forward thinking approach to individual cases and client needs has been the hallmark of the firm since A.W. Rutan opened his first law office in 1906. Rutan &Tucker has enjoyed a leading role in shaping Orange County and California businesses and communities, today standing as the largest full-service business law firm based in Orange County. With approximately 141 attorneys in Orange County and 9 in Palo Alto, Rutan&Tucker is well-positioned to meet the legal needs of a broad range of clients doing business in California and beyond. Rutan&Tucker represents a broad spectrum of clients,from major multinational corporations and financial institutions to family-owned businesses and private individuals;from high-technology and industrial enterprises to agricultural firms;from real estate developers to governmental agencies, educational institutions,and charities.The firm's practice extends throughout the United States and includes both the representation of foreign companies doing business in the United States and domestic companies engaged in activities abroad. Our attorneys come from more than thirty law schools nationwide. Many graduated Order of the Coif or Phi Beta Kappa,were the editors of law reviews or held judicial clerkships.The accomplishments of our attorneys reflect the quality of Rutan&Tucker.The firm has provided a president and two members of the board of governors of the California State Bar and six presidents of the Orange County Bar Association.Some of the firm's attorneys teach professional education courses or law school classes. Many hold significant positions in trade, charitable and civic organizations. The firm's tradition is one of fresh, strategic thinking and going forward, we will continue to make history with a continued commitment to excellence and new thinking for many decades to come. Return to Agenda Report RUTAN RUTAN & TUCKER, LLP George ('Bill') W. Shaeffer, Jr. Senior Counsel T: (714)338-1859 bshaeffer@mtan.com www.rutan.com Orange County George W. ('Bill')Shaeffer,Jr. is senior counsel in the Government& RELATED SERVICES Regulatory Section, primarily specializing in representing school districts, public agencies, school administrators and other private and public Education Law sector management employees throughout California. Mr. Shaeffer has specialized in employment and education law and litigation during the Employment Litigation entire time he has practiced law. Mr. Shaeffer has extensive litigation experience in most areas involving employment law and many areas of Employment/Labor education law. Mr. Shaeffer has briefed and argued many cases in the Government& stale and federal appellate courts. Mr. Shaeffer has briefed and argued 2 Regulatory Law cases in the California Supreme Court, 1 case before a 15 judge an banc panel of the Ninth Circuit, Court of Appeals, in San Francisco, 9 other published opinions in the Ninth Circuit, 3 unpublished cases in the Ninth Circuit, 5 published cases in the California Court of Appeal, and more EDUCATION than 25 unpublished or depublished cases in the California Court of Appeal. Mr. Shaeffer has also briefed 5 cases in the United States University of California, Supreme Court involving petitions, cross petitioners or oppositions to Los Angeles(B.A., 1972) petitions for Writs of Certiorari arising out of 4 published decisions in the Ninth Circuit and 1 California Court of Appeal. Southwestern University School of Law(J.D., The issues involved in the published and unpublished appellate court 1975) opinions involve a wide range of employment, education and local government matters. Mr. Shaeffer has briefed and argued cases in the California Courts of Appeal located in Los Angeles, Santa Ana, San BAR ADMISSIONS Diego, the former San Bernardino Division, Fresno and San Francisco. He also briefed cases in the California Court of Appeal in San Jose. California, 1975 Mr. Shaeffer has extensive litigation and trial experience in 18 counties of California, all 4 judicial districts of the United Stales District Courts in California, and 1 case transferred from the Central District of California COURT ADMISSIONS that went to trial in the United States District Court for the District of Columbia. Mr. Shaeffer has successfully tried to Federal and State juries or the Court civil actions involving the principal federal employment law U.S. Supreme Court statutes,federal constitution claims, and many state statutory and U.S. Court of Appeals for common law employment claims on behalf of local public sector entities, the Ninth Circuit 2 state agencies, individual local public or state employees or local public official defendants, individual plaintiffs and classes of plaintiffs. Mr. U.S. Court of Appeals for Shaeffer has successfully tried to a jury approximately 15 separate the Federal Circuit federal jury trials,and 2 separate state court jury trials(1 civil and 1 Court for the o Cu criminal),without ever losing a jury verdict. Mr. Shaeffer also has tried to Central,U.S. District riot the Court in bench trials 9 other separate employment matters in either state or federal court. Northern and Southern Districts of California Mr. Shaeffer has consulted and advised public sector and private sector Californet� e4r�as entities and institutions in a wide range of employment, governance, and educational law related matters in his current or former capacity as attorney for various K-12 merit and non-merit School Districts, 1 county office of education, cities and special districts, K-12 School District administrators and Community College administrators, public and private sector managers and executives, and private sector corporations. Mr. Shaeffer has extensive experience in the following areas: PERB, (unit modifications, recognition petitions, and Unfair Practice Charges), NLRB (unit modification hearings and unfair labor practices), collective bargaining (public and private sector), CaIPERS and CaISTRS(from audits through Appellate Court argument), dismissal and discipline proceedings, OAH hearings in a wide range of areas,grievance processing, mediation and arbitration proceedings and litigation(state and federal), FLSA, investigation of discrimination complaints involving the EEOC, OCR,and FEHA, FCMAT audits,federal and state voting rights disputes, School Board and local public agency governance issues, including extensive litigation experience in the areas of compliance with the Ralph M. Brown Act,the Fair Political Practices Act, the Public Records Act,conversion of School District governing board elections from at large to district based, and employment contract negotiations and terminations for private and public sector managers and executives. PUBLISHED OPINIONS ARGUED AND BRIEFED California Supreme Court Fontana Unified School District v. Burman(1988)45 Cal.3d 208 (statutory powers of administrative body under Ed. Code§44944 in assessing penalty when reviewing circumstances of discharge of school principal for dishonesty, and in which attorney fees were awarded pursuant to Ed. Code§44944(e)). People ex rel. Seal Beach Police Officers'Association v. City of Seal Beach(1984)36 Cal.3d 591 (challenge to City Charter amendments as violative of the Meyers-Millias Brown Act,Government Code§3500, at seq. and in which attorney fees were awarded pursuant to C.C.P.§1021.5). Ninth Circuit, U.S. Court of Appeals Padilla v. Lever,463 F.3d 1046(9th Cir.2006)(15 judge an banc panel) (application of minority language requirements of Voting Rights Act, 42 U.S.C. §1937aa- 1a(c),to recall petitions against Santa Ana Unified School District board member). Bernstein v. Lopez, 321 F.3d 903(9th Cir.2003)(interlocutory appeal from denial of qualified immunity in section 1983 claim by 15 former school district principals that their Fourteenth Amendment due process rights were violated). (Case settled for approximately$1.8 million after issuance of writ by superior court on state law claims.) Meek v. County of Riverside, 183 F.3d 962(9th Cir. 1999)cart. denied, 120 S.Ct.499(interlocutory appeal from denial of absolute political loyalty immunity and absolute judicial immunity in a First Amendment case involving the termination of an unsuccessful candidate for a judicial office). Carr v. Pacific Maritime Association, 904 F.2d 1313(9th Cir. 1990)cert. denied, 111 S.Ct.957(hybrid section 301 breach of collective bargaining agreement and breach of duty of fair representation action by a large class of unsuccessful applicants for longshoreman pursuant to the N.L.R.A., 29 U.S.C. §185). Thomas v. Carpenter, 881 F.2d 828(9th Cir. 1989)cert.denied, 110 Return to Aaenaa Report S.Ct. 3236 and 110 S.Ct 1475(interlocutory appeal in First Amendment challenge under 42 U.S.C. §1983 involving retaliation by County Sheriff against a sheriff lieutenant who unsuccessfully challenged Sheriff in an election). Manhattan Beach Police Officers'Association v. City of Manhattan Beach,881 F.2d 816(9th Cir.1989)(interlocutory appeal on qualified immunity defense in First Amendment challenge under42 U.S.C. §1983 involving retaliation claims by public employees as a result of statements to the press and letters to the editor regarding matters of public concern). Sepulveda v. Pack Maritime Association, 878 F.2d 1137 (9th Cir. 1989) cart. denied, 110 S.Ct. 561 (section 301 breach of collective bargaining action by class of unsuccessful applicants for foreman of longshoremen pursuant to N.L.R.A., 29 U.S.c.§185). Kirk v. Rockwell International Corp.,578 F.2d 814 (9th Cir. 1978)cert. denied, 99 S.Ct. 616, (expedited appeal)(equitable tolling of limitation period during exhaustion of EEOC investigation)(wrote brief only). California Courts of Appeal California School Employees'Ass'n v. Bonita Unified School District (2008) 163 Cal.AppAth 387(district's governing board did not have the authority to vacate an arbitration award and was required to comply with the remedial portion of the award pursuant to the provisions of Ed. Code §§45113(b)&(a)). Roybal v. Governing Board of Salinas City Elementary School Disl. (2008) 159 Cal.App.4lh 1143 (union not entitled to recover Private Attorney General fees under C.C.P.§1021.5 in successful writ of mandate to set aside a layoff of three teachers)(wrote brief only). Fresno Police Officers'Association v. State of California, (1987) 190 Cal.App.3d 413, cert.denied, 108 S.Ct.495(White, J., dissenting) (inverse condemnation action by large class of public employee associations and individual public employees throughout the State of California claiming a state statute violated the Fifth Amendment by impairment of contractual obligations). Braun v. City of Taft(1984) 154 Cal.App.3d 332(seminal case interpreting personnel file exception in challenge to city council members censure as a result of disclosure of information in employee's personnel file under California Public Records Act, Government Code§6250,et. seq.). U.S. District Court Klock v. Cain, 813 F.Supp. 1430(C.D.Ca. 1993)(In defense of local police officer, post hung civil jury ruling on qualified immunity defense involving police officers transportation of civilian to outside city's boundaries.) Schindler v. Big Bear Airport District, 2004 U.S. Dist. LEAS 31638 (C.D.Ca. 2004) (pre-trial motion rulings on First Amendment retaliation and sex harassment claims.) MEMBERSHIPS &ASSOCIATIONS � Orange County Bar Association ©2013 Rutan &Tucker Return to Mende Report Discussion Questions 1. What is your negotiating style? 2. Describe your steps, process, and/or approach in preparing for contract negotiations. 3. What is the range of services that your offer? 4. Describe your approach to developing negotiating strategies. Who do you involve? To what level do you involve the organization's Board of Directors? How do you keep them informed? 5. Who will do the negotiating? 6. Describe your experience negotiating multiple contracts within the same organization with different negotiation strategies. 7. How busy are you? 8. What is your track record? 9. Describe your experience as it relates to negotiations that have reached impasse and your experience with fact-finding. 10.What is the role of the legislative body in the MOU negotiations process? 11.What are your expectations of OCSD staff during the MOU negotiations process? 12.How are budget challenges and public pressures regarding local government compensation changing the dynamics of labor relations? 13.How do you effectively resolve differences at the negotiating table? 14.How can local agencies work through these difficult times and come out with constructive relationships with bargaining unit representatives and good morale and a productive workforce? ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary AQMD Air Quality Management District ASCE American Society of Civil Engineers BOO Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District OOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) — A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (DIT) — the dilution at which the majority of the people detect the odor becomes the D(f for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect'). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)—Goals to support environmental and public expectations for performance. NOMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge—Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater. Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.