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HomeMy WebLinkAboutS24 - Professional Services Agreement for Labor Negotiator ServicesSEW Pp�r CITY OF C"9ClFORN\P City Council Staff Report Agenda Item No. sea June 28. 2011 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TO: David R. Hunt, City Attorney FROM: Office of the City Attorney Ext 3131, dhunt @newportbeachca.gov PREPARED BY: David R. Hunt, City Attorney APPROVED: y� ✓Z L 1l/�� TITLE: LABOR NEGOTIATOR RETENTION —APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LIEBERT, CASSIDY & WHITMORE TO SERVE AS LABOR NEGOTIATORS ABSTRACT: Selection of legal firm to provide legal services for labor negotiations. RECOMMENDATION: Approve the recommendation of the Council ad hoc committee designated to interview potential labor negotiators and authorize the Mayor to execute a standard professional services agreement for Liebert, Cassidy & Whitmore to serve as the City's labor negotiator in the coming round of labor negotiations. FUNDING REQUIREMENTS: This contract will be funded out of the City Manager's and Human Resources' Budgets and will be accommodated within the existing Professional and Technical accounts. DISCUSSION: There are five labor agreements known as Memoranda of Understanding ( "MOU ") that will expire on December 31, 2011, Life Guard Management (LMA),' Newport Beach Firefighters Association (NBFA), Newport Beach Fire Management Association (NBFMA), the Police Association (PA), and the Police Management Association (PMA). ' The Council is considering entering into a Supplemental MOU with the LMA on this agenda. The Supplemental MOU does not extend the term of the underlying agreement. LABOR NEGOTIATOR RETENTION — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LIEBERT, CASSIDY & WHITMORE TO SERVE AS LABOR NEGOTIATORS June 28, 2011 Page 2 A formal request for qualifications process was conducted under the direction of the Council to consider and choose a labor negotiator to assist in this coming round of negotiations. The request for qualifications was published on the City's website and sent to five firms identified as potential candidates based upon their reputation and history of conducting these types' negotiations. Four of the five firms were interviewed by a Council ad hoc committee composed of Mayor Henn and Council Members Daigle and Curry. The ad hoc committee was assisted in the interviews by the City Attorney and the City Manger. After a detailed review of the proposals and the extensive interview process, the Council ad hoc committee recommends the retention of Liebert, Cassidy & Whitmore to act as the City's labor negotiator in the coming round of labor negotiations. A copy of LCW's response to the request for qualifications is appended as Attachment "A" to this staff report. LCW has agreed to enter into the City's standard professional services agreement and a form of the agreement will be available for consideration and execution on the evening of the Council meeting. LCW will be charging $300 per hour for work performed by partners and $190 per hour for work performed by the assigned associate attorney. The rate can be reduced if the city enters into a monthly retainer agreement with LCW. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Office of the City Attorney By aj David R. Hunt City Attorney LABOR NEGOTIATOR RETENTION — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LIEBERT, CASSIDY & WHITMORE TO SERVE AS LABOR NEGOTIATORS June 28, 2011 Page 3 Attachment A Liebert, Cassidy & Whitmore Response to Request for Qualifications (A 11- 00609) — M &CC from DRH 06.28.11 re Labor Negotiator Retention LIEBERT CASSIDY WHITMORE A PROFRSSJONAL LA. CORPORATION LOS ANGELES I FRESNO I SAN FRANCISCO I SAN DIEGO 6033 WMCEMRY BOULEVARD. Sum 500 LOSANCEl-0S. CALIFORNIA 9W45 T:(310)981.7000 F: (310) 337-0837 LJMEYERHOFF @LC W J.EGAL.COM June 20, 2011 (3JO)981 -2076 VIA E -MAU, ANGUYEN @NEWPORTBEACHCA.GOV BY HAND DELIVERY Purchasing Office City of Newport Beach Corporate Yard 592 Superior Avenue Newport Beach, CA 92663 Re: Liebert Cassidy Whitmore Response to RFQ No. 6 -10: Labor Negotiator Services Dear Mr. Nguyen: Thank you for the opportunity to submit information regarding Liebert Cassidy Whitmore's negotiation services. We have been honored to assist the City with negotiations and would be pleased to continue doing so. Company Profile As you know, Liebert Cassidy Whitmore is a law -firm which provides responsive and highly competent legal advice, representation, litigation services, negotiations and training to public entities throughout California. Our competitive advantage over our colleagues is that our practice is dedicated to the representation of management in the area of public sector labor and employment law. We are highly regarded by public agencies and our law firm competitors throughout the state because of our commitment to quality work and effective advocacy. We are known for our specialized labor relations experience on behalf of public agencies, including in the area of interest arbitration. Liebert Cassidy Whitmore has offices in Los Angeles, San Francisco, Fresno and San Diego and has been in existence since 1980. We have 150 employees, including 70 attorneys and four paralegals. Our Firm Resume detailing our labor and employment practice is attached. Labor Negotiator Experience Experience Members of our firm have negotiated literally hundreds of memoranda of understanding with all varieties of general and safety employee groups including: AFSCME, IBEW, ]UOE, SE[U, CLOCEA, Teamsters, and various police, fire and employee associations. In addition to traditional positional bargaining, our firm has been involved in and is skilled in the training and conducting of interest -based bargaining. We believe that this www.lcwlegal.coJn Purchasing Office June 20, 2011 Page 2 background, as well as our problem- solving orientation, results in a smoother and more expeditious negotiating process, fewer sustainable grievances, and ultimately, a more cost - effective method of collective bargaining. In addition to conducting negotiations for public employers, we continually work with public agencies that employ staff persomtel 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. Our approach to Negotiations: • We work with and for the City Manager and lusher designated staff, and through him/her with the City Council. 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. • 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 these standards. • We see the conclusion of negotiations as the beginning for establishing a constructive employer - employee, orgaiuzation- employee relations structure, which requires management training and ongoing involvement with agency management on our part. • We have negotiated virtually every issue within the scope of bargaining, including such issues as: wages, hours, health and retirement benefits, leaves and discipline. Philosophy, Style and Approach Our approach to negotiations and related services is described hr the enclosed Firm Purchasing Office June 20, 2011 Page 3 Resume. We. would add only that our approach emphasizes sensitivity for an agency's employer - employee relations philosophy and objectives. As discussed in our Firm Resume, we pride ourselves on successfully establishing our role as an effective advocate for the City, while maintaining a professional relationship with employee organizations and their representatives. The services offered by our LCW negotiators are generally as follows, subject to the particular preferences in any agency which can and do bring about modifications to our role: • Meet with City staff and /or elected officials prior to commencement of negotiations in order to best understand (and perhaps formulate) the goals and objectives of the City, and to be made aware of the financial /political issues that may impact negotiations. • Provide leadership in formulating the strategies which will be employed in meeting said goals and objectives at the bargaining table. (This may include asking that various agency negotiation team members prepare total compensation studies and /or detailed cost/revenue analysis of association demands), • Compile and review all pertinent personnel rules and regulations, existing memoranda of understanding and department rules and regulations in order to verify their impact upon the goals and objectives that are being pursued. • Act as principal spokesperson and strategist during the bargaining process. • Participate in closed sessions to provide guidance to and receive direction from elected officials. o Represent the City at impasse proceedings (including preparation of press releases, supervising media relations, meeting with elected officials, and making those appearances provided for by the City employee relations ordinance). Members of the firm have handled multiple concurrent negotiations. In fact most of our negotiation work involves multiple units. We typically attempt to schedule meetings with various units back to back as to reduce travel time. We also work carefully with agency staff to ensure that negotiations with multiple units are coordinated to be consistent where necessary but different where differing issues so require. Operations Our attorneys are well versed at handling multiple bargaining tables and are experienced in collaborativelinterest based bargaining techniques as well as the more traditional labor negotiations approach. We are proud of our diversity in background, experience, and personality. We recognize that having the right fit between client and negotiator can be critical to our joint success. Purchasing Office June 20, 2011 Page 4 We recommend the following negotiators from our Los Angeles office: partners Steve Berliner, Jeff Freedman, Richard Kreisler and Mark Meyerhoff and associate Lauren Liebes. These negotiators develop strong working relationships with their clients, as well as their union counterparts. They have a problem - solving orientation. They are also creative, practical and excel in effective communications (written and oral presentations, listening skills), These attributes have allowed them to be effective negotiators in a variety of environments; including traditional bargaining and interest based bargaining. We recognize that finding the right fit is important. One of the distinguishing characteristics of our firm is that we have a variety of personalities and styles from which our clients can choose to find the right person for their negotiating needs. Therefore, you may interview any of these negotiators, either in person or via telephone, at cost to the City. Their resumes are included for your reference. Resources As a result of providing negotiation services to public agencies across the state, the Firm develops, maintains and updates survey data regarding salaries /wages, pension and other benefits, leaves, special pay and other aspects of total compensation for safety, miscellaneous and management employees. Our paralegals are responsible for conducting specific comparability studies. Our firmwide network and data sharing systems provide negotiators with current information on market equity issues in negotiations, factfnding and interest arbitration proceedings. Employee Screening We perform criminal background checks on all new attorney hires. References In our last fiscal year (October 1, 2009 thru September 30, 2010) we assisted the following agencies with negotiations: Accelerated School Antelope Valley CCD City of Bell Gardens City of Belmont City of Beverly Hills Butte County City of Campbell City of Carpinteria City of Carlsbad City of Ceres City of Chula Vista City of Claremont City of Coachella City of Costa Mesa City of Cotati City of Concord City of Daly City Eleanor Roosevelt Charter School City of El Cajon City of El Segundo El Dorado Irrigation District City of Escondido Purchasing Office June 20, 2011 Page 5 Feather River Recreation and Parks City of Palos Verdes Estates District City of Pasadena Franklin- McKinley School District City of Pleasant Hill City of Glendale Placer County City of Glendora Plumas County City of Hawthorne City of Pomona City of Hermosa Beach City of Ranco Cucamonga City of Hesperia City of Rio Dell City of Holtville City of Richmond Joshua Basin Water District City of Rocklin Kem CCD San Benito County Water District Kern County City of San Gabriel Kings County City of San Diego City of La Mesa San Joaquin County City of Los Banos San Jose Evergreen CCD City of Long Beach San Lorenzo Valley Unified School Long Beach CCD District LA County Community San Luis Obispo County Development Commission San Diego Superior Court Los Alamos School District City of Santa Barbara Marin County Santa Barbara CCD Marin- Sonoma Mosquito and Vector City of San Carlos Control District Santa Barbara County IHSS Mariposa County City of Santa Maria City of Maywood Sequoia Union High School District Menlo Park Fire District City of Seaside Merced County City of Sierra Madre Metropolitan Transit Authority City of Simi Valley City of Millbrae City of Sonoma City of Montclair Sequel Creek Water District City of Montebello South Orange CCD Monterey Regional Waste City of South Pasadena Management District State Bar of California City of Monterey Park Tehama County City of Mt. Shasta City of Torrance. City of Murrieta Tuolumne Utilities Agency Nevada County City of Tustin North Coast Opportunities, Inc. City of Ventura Novato Fire Protection District Ventura Regional Sanitation District City of Ocenside City of Visalia City of Orinda City of Vista City of Oxnard City of West Covina City of Palm Springs City of West Hollywood Pasadena CCD West Kern CCD Purchasing Office June 20, 2011 Page 6 West Valley Mosquito and Vector Control District We offer detailed references below: Edmund Sotelo City Manager City of Oxnard 305 West 3rd Street, 3rd Floor Oxnard, CA 93030 (805) 385 -7428 edmtiiid.sotelo@,ci.oxnard.ca.us Conducted police and fire negotiations in 2010 Jeb Brown Supervising Deputy City Attorney City of Riverside 3900 Main Street, 5th Floor Riverside, CA 92522 (951) 826 -5567 ibrown ,riversideca.aov Conducted police negotiations 2008 John Sibley City Manger City of Orange 300 East Chapman Avenue Orange, CA 92866 (714) 744 -5147 i sibley(cr,cityoforange.org Currently conducting fire negotiations Robert O'Brien Human Resources Manager City of Hawthorne 4455 West 126th Street Hawthorne, CA 90250 (310) 349 -2958 robrien(acityol)iawthorne.ora Have conducted police negotiations from 1995- present City of Whittier Yorba Linda Water District Purchasing Office June 20, 2011 Page 7 Steve Burell City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 (310) 318 -0216 sburrell cr,hermosabch.ore Conducted police and fire negotiations 2010 Matt Doyle Director of Human Resources City of Glendale 613 East Broadway, Room 100 Glendale, CA 91206 (818) 548 -2154 mdoyle@ci.g_Iendale.ca.us Conducted negotiations with police and fire rank and file; management association; general employee; and water and power employees David Garcia City Manager City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 (619) 691 -5031 dgarcia@ci.chula- vista.ca.us Conducted negotiations with police and fire rand( and file Bill Gallardo Administrative Services Manager City of Brea 1 Civic Center Circle Brea, CA 92821 (714) 671 -4418 billpg@ci.brea.ca.us Conducted negotiations with police rank and file Sheryl Bennett Director of Human Resources City of Escondido 201 North Broadway Escondido, CA 92025 (760) 839 -4643 sbennett&scondido.ora Conducted police and fire rank and file negotiations Purchasing Office June 20, 2011 Page 8 Joe Guzzetta, General Manager Joshua Basin Water District PO Box 675 Joshua Tree, CA 92252 (760) 366 -2042 ext. 226 ioeg@ibwd.com Conducted negotiations with general employee unit. Rich Dukellis Director of Administrative Services City of La Mesa 8130 Allison Avenue La Mesa, CA 91942 (619) 667 -1179 rdukellis@ci.la-mesa.ca.us Conducted Miscellaneous, police and fire negotiations. Julie Clark Human Resources Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602 -2438 julie.clark a carlsbadca.aov Conducted Miscellaneous, police and fire negotiations. Billing Rates Invoices are payable upon receipt and due within 30 days. Pricing offered on a time-and- materials basis would be based on the standard hourly rates listed below: Steve Berliner .............S300 Jeffrey Freedman .......$300 Richard Kreisler ......... S300 Mark Meyerhoff ......... $300 Lauren Liebes .............$190 Retainer Option Our typical monthly retainer for negotiations is $3,450 for the first unit and $920 for each additional unit. The monthly hours are then capped based on the reduced hourly rate of $285 (for partners) or $175 (for Lauren). For example, if we were to negotiate ten units, the monthly rate would be $11,730, which would cover an average of 41.2 hours of service per month if your Purchasing Office June 20, 2011 Page 9 negotiator was a partner (493.9 hours annually) or 61.7 hours of service per month if your negotiator was Lauren (804.3 hours annually.) Any time over the annual cap would be billed at the standard hourly rates. For example: Negotiator Reduced hourly Monthly fee for 10 Hours allotted per rate units year (excess hours are billed at the standard hourly rates) Steve Berliner, Jeff $285 $11,730 493.9 Freedman, Richard Kreisler or Mark Meyerhoff Lauren Liebes $175 $11,730 804.3 The retainer covers preparation, telephone consultation, attendance at governing board meetings, and negotiations. It does not cover post - mediation proceedings such as fact finding or interest arbitration. This is billed at the negotiator's standard hourly rates. This retainer would be in effect for an entire one year period, with the option to renew amorally. Negotiations can also be billed hourly based on the attorney rate described above. Expenses We do not charge for secretarial time, telephone charges or photocopying (unless copying is done at the request of the client, in which case it is charged at fifteen cents ($.15) per page). We charge $.25 per page for outgoing faxes. There is no charge for incoming faxes. Travel time is charged at the hourly rate, for the time it takes to travel to /from the home office of the negotiator to the client or the time it talces to /from the negotiator's residence to the client, whichever is less. Professional Services Agreement or Legal Services Agreement We have reviewed the Legal Services Agreement and accept the terns and conditions as listed. We recognize that your purpose is to serve the needs of the community and so our goal is to help you achieve this mission. We are most rewarded when we have the opportunity to collaborate with our clients to create solutions that make them successful. We offer the City a broad range of experienced labor relations services including Purchasing Office June 20, 2011 Page 10 negotiations, training, advice and representation. We bring both historical and current experience working with public entities to aid the City. We also offer a range of rates to fit the City's budget. Finally we offer our commitment to the City to provide it with superior service, timely and efficient work product and professional people with whom to work. In short we would welcome the opportunity to work with you on these negotiations. If I can provide additional information, please contact me at (310) 981 -2026 or mme erho2glewle ag l.com. Sincerely, LIEBERT CASSIDY WHITMORE Mark H. Meyer f Partner MHM/csw Enclosure LIEBERT CASSIDY WHITM ®RE A PROFESSIONAL LAW CORPORATION EMPLOYMENT LAW I LABOR RELATIONS I EDUCATION LAW I MANAGEMENT TRAINING www.lcwlegal.com FIRM RESUME With offices in Los Angeles, San Francisco, Fresno, and San Diego, Liebert Cassidy Whitmore provides services for a majority of cities, counties and community colleges as well as a substantial number of school districts in California. The Firm is a full service employment and labor relations law firm providing expert consultation, representation, litigation, negotiation and investigation services to public agency management. In addition, the Firm produces a wide -range of dynamic management training workshops and seminars in employment and labor relations issues to cities, counties, courts, special districts, schools, community college districts, and state universities. Negotiation Services Members of Liebert Cassidy Whitmore have successfully negotiated thousands of labor agreements for cities, counties, special districts and school and college districts. The agreements negotiated on behalf of these and other public employers, depending upon the particular philosophy and circumstances of a given agency, have run 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. 1.1EBERT CASSIDY WHITMORE FIRM RESUME Contract Administration 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 Approach to Negotiations v 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. : 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. We see the conclusion of negotiations as the beginning for establishing a constructive employer- employee organization- employee relations structure, which MW LIEBERT CASSIDY WHITMORE FIRM RESUME requires management training and ongoing involvement with agency management on our part. 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 Empo oyment Law Sevv6oes 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 Pwac uoe Gvoulp 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. Because of confidentiality issues, we do not identify those employers for whom we have conducted outside investigations. We have conducted investigations for organizations in the hospitality, legal and trade industries as well as public sector agencies. 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. ffMi UEBERT CASSIDY WHITMORE FIRM RESUME 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. To learn more about the FLSA Audits, log onto www.FLSAaudit.com where you can find detailed information about what an FLSA audit entails. Re$ivement Nactice 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 agreettients/rnemoranda of understanding to ensure that they comply with applicable law. UEBERT CASSI DY WHITMORE FIRM RESUME We represent agencies in retirement related administrative appeals and litigation, and have assisted agencies defend claims of underfunding as well as fiduciary obligations. Litigation Services Liebert Cassidy Whitmore attorneys strive to prevent employment disputes before they arise through education, training, audits, advice, planning, and cooperative employer - employee relations. When employment 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 firm'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. Consulting and Tvaining Sevvuoes One of the firm'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 -three Employment Relations Consortiums (ERCs) are comprised of over 500 cities, counties, schools, community college districts, RMI LIEBERT CASSIDY WHITMORE FIRM RESUME and state universities as well as other public sector agencies. 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. For example, we have provided on -site training programs to employees and/or supervisors and managers of over one hundred agencies last year. Members of the firm make presentations on employment relations law issues to a variety of professional organizations including: American Arbitration Association American Bar Association Association of California Community College Administrators Association of California School Administrators Association of California Water Agencies Association of Chief Business Officials Association of Chief Human Resources Officers for Community College Districts Association of Legal Administrators California Association of Joint Powers Authorities California Association of Independent Schools California Association of Public Retirement Systems California Charter Schools Association California Community College Internal Auditors California Community College Student Affairs Association California Council of School Attorneys California County Counsels Association California Fire District Association California Law Enforcement Association of Records Supervisors California Municipal Finance Officers California Peace Officers Standards and Training (POST) Academy California Police Chiefs Association California Public Employer Labor Relations Association RM LIEBERT CASSIDY WHITMORE FIRM RESUME California Sanitation Risk Management Authority California School Boards Association California Society of Municipal Finance Officers California Special Districts Association California State Association of Counties California State Bar Labor and Employment Law Section California State Sher ffs Association Center for Collaborative Solutions Chief Instructional Officers and Chief Student Services Officers City Attorneys Association of Los Angeles County College and University Personnel Association Community College League of California County Personnel Administrators Association of California Fire Districts Association of California International Personnel Management Association League of California Cities Los Angeles County Bar Association Labor and Employment Law Symposium National Employment Low Institute National Higher Education Law and Policy Institute National Institute of Municipal Law Officers National Public Employer Labor Relations Association Public Agency Risk Management Association Public Risk Management Association Professionals in Human Resources Association Southern California Labor Relations Council Southern California Personnel Management Association 6033 West Century Blvd. 153 Townsend St. 5250 North Palm Ave. 5th Floor Suite 520 Suite 310 Los Angeles, CA 90045 San Francisco, CA 94107 Fresno, CA 93704 te1: 310.981.2000 te1: 415.512.3000 te1: 559.256.7800 fax: 310.337.0837 fax: 415.856.0306 fax: 559.449.4535 E1Lti7a7 LIEBERT CASSIDY WHITMORE 501 West Broadway Suite 800 San Diego, CA 92101 tel: 619.400.4955 fax: 619.400.4956 L,IEBERT CASSIDY WHITMOR.E Steve Berliner Partner Los Angeles sberliner @lcwlegal.com Tel: 310.981.2000 Fax: 310.337.0837 Steve joined the Los Angeles office in 1997 and has developed an extensive negotiation and litigation practice. Steve has expertise in advising and defending public agencies regarding the laws and regulations of public employee retirement plans, such as PERS, as well as on retiree health insurance issues. This includes advising and representing clients in administrative hearings and court as well as negotiating changes to retiree benefits. Steve has expertise in the area of STIRS, PERS, the County 1937 Retirement Act, and related retirement issues. He assists clients who have been audited by PERS in responding to the audit. He reviews the audit report and advises the client on the best course of action. This could include an appeal of PERS' findings. Steve has developed an expertise in employee industrial disability retirement procedures. He represents clients in the administrative hearing and in court when employees challenge a denial of their industrial disability retirement application. Steve also advises clients with regard to their obligations and rights when dealing with injured and disabled employees. Steve acts as chief negotiator for our clients in their labor negotiations with their employee associations. He advises clients on contract interpretation issues and represents clients in grievance matters. Steve defends our clients in a wide range of lawsuits, including writs, breach of contract, the Fair Labor Standards Act, discrimination and harassment. In addition, Steve represents our clients in employee disciplinary hearings. Education JD, University of California, Los Angeles School of Law BA, State University of New York at Binghamton Legal Expertise Employment Law Labor Relations and Negotiation Services Retirement © 2011 Liebert Cassidy Whitmore. All rights reserved. 1 �WL(C' � LIEBERT CASSIDY WHITMORE Steve Berliner Publications Strategic Early Retirement Incentive, ACHRO /EEO Newsletter, October 2010, with Frances Rogers Strategic Early Retirement Incentives, Law360.com, March 2010, with Frances Rogers H1N1 in the Workplace: 'Go Home', CPER Journal, February 2010 Furloughs: The Devil's In The Details, CPER Journal; August 2009, with Alison Neufeld Further Storm Warnings in the Territory of Retiree Health Care Benefits, CPER Journal, August 2007; with Richard S. Whitmore and Cepideh Roufougar Working for a PERS Agency Post - Retirement Poses Traps for the Unwary, November 2004 School Daze: Imposition of Discipline Over Parents' Objections, May 1998 Presentations "Advanced Retirement Issues for California's Public Employers" - Gateway Public ERC - Los Angeles - May 12, 2011 The Weaning of At -Will, Part-Time and Contract Employment - Coachella Valley ERC - Indio - May 11, 2011 Advanced Labor Negotiations Roundtable - Coachella Valley ERC - Indio - May 11, 2011 Labor & Employment Relations Issues During Lean Economic Times - Orange County Human Resources Consortium - Cypress - April 21, 2011 Advanced Retirement Issues for California's Public Employers - San Gabriel Valley ERC - Alhambra - March 9, 2011 Labor and Employment Relations Issues During Lean Economic Times - San Gabriel Valley ERC - Alhambra - March 9, 2011 Exercising Your Management Rights - CCPC Consortium - Santa Barbara - November 5, 2010 Legal Issues for Negotiators - CCPC Consortium - Santa Barbara - November 5, 2010 Advanced Retirement Issues for California's Public Employers - South Bay ERC - El Segundo - October 7, 2010 Labor and Employment Relations Issues During Lean Economic Times - South Bay ERC - El Segundo - October 7, 2010 Advanced Retirement Issues for California's Public Employers - Coachella Valley ERC - Indio - September 29, 2010 © 2011 Liebert Cassidy Whitmore. All rights reserved. 2 E C -Ml LIEBERT CASSIDY WHITMORE Steve Berliner Labor & Employment Relation Issues During Lean Economic Times and Advanced Retirement Issues - City of Beverly Hills - Beverly Hills - September 21, 2010 © 2011 Lieber[ Cassidy Whitmore. All rights reserved. L,IEBERT CASSIDY WHITMORE Jeffrey C. Freedman Partner Los Angeles jfreedmaii@lcwtegal.com Tel: 310.981.2000 Fax: 310.337.0837 Jeff Freedman has forty years of experience representing public agencies as well as private companies in all areas of labor and employment relations law. Jeff joined Liebert Cassidy Whitmore in 2002 after having been a partner in his own labor law firm for more than twenty years and in a large national firm. His areas of practice include representing clients in state and federal court litigation, before the EEOC, Fair Employment and Housing Commission, California OSHA, the NLRB, and other state and federal regulatory agencies. He is also experienced in representing public agency clients in the meet and confer process, disciplinary and grievance matters, arbitrations, wage and hour matters, and in interpreting and applying laws such as Title VII; the Americans with Disabilities Act, the Fair Employment and Housing Act and the Family and Medical Leave Act. Jeff has developed a detailed understanding of both the employment and public access provisions of the ADA. Jeff has published several dozen articles on various employment law issues and has frequently spoken before employer groups on labor and employment law matters. He has been involved in helping improve the judicial system as a member of many court and bar association committees, and has served as a member of the Board of Trustees of the Los Angeles County Bar Association and as President of the Century City Bar Association. He presently serves as a mediator for the Los Angeles County Superior Court and as arbitrator in attorney - client fee disputes for the L.A. County Bar Association. He was a California Deputy Attorney General for five years. Education JD, University of California, Los Angeles School of Law BA, Occidental College Legal Expertise Education Law Employment Law Investigations Labor Relations and Negotiation Services Litigation Services Public Safety Retirement Wage and Hour © 2011 Liebert Cassidy Whitmore. All rights reserved. I M- LCM1 L,IEBERT CASSIDY WHITMORE Jeffrey C. Freedman Representative Matters Litigation: Professional Peace Officers of Los Angeles v. County of Los Angeles (2010) - Pursuant to the Los Angeles County Code, supervisors must earn at least one dollar more per hour than their subordinates under certain criteria. At the direction of the County's Chief Executive Office, the Sheriffs' Department issued specific eligibility guidelines that clarified existing practice and criteria contained in the County Code and County Interpretive Manual. PPOA fled suit for back pay, injunctive and declaratory relief alleging that the guidelines included additional criteria than was required to earn the bonus pay and were an unreasonable interpretation of the County Code. The court found that the guidelines were a reasonable interpretation of and were consistent with the County Code. Judge Brazile denied relief on all causes of action and entered costs in favor of the County. Affiliations Los Angeles County Bar Association, 1985, Board of Trustees Century City Bar Association, 1981 (President), 1976 -1985 (Board Member) Century City Chamber of Commerce, 1985 (President), 1981 -1990 (Board Member) Awards Selected for inclusion in Southern California Super Lawyers 2007 -2009 Publications Federal Court of Appeals in Chicago Finds Software Account Manager Exempt from Overtime Under FLSA's Administrative Exemption, June 2011 Complaining About Harassment To The Perpetrator May Be Enough To Put The Employer On Notice, April 2011 Court Of Appeal Issues Second Decision Holding Anti - Strike Injunction Statutes Invalid, February 2011 Court Of Appeal Holds That Company Lawfully Read Employees Emails To Her Attorney Written On Company Computer, February 2011 Faith, Fashion, And The American Workplace, Los Angeles /San Francisco Daily Journal, September 2010 Faith, Fashion, and the American Workplace: An Employee's Appearance May Be Protected By Religion , September 2010 Court Of Appeal Strikes Down As Unconstitutional Two California Laws Which Prohibited Injunctions In Labor Disputes, August 2010 New Jersey Company Unlawfully Accesses Employee's E- mails, Los Angeles /San Francisco Daily Journal, April 2010 © 2011 Liebert Cassidy Whitmore. All rights reserved. 2 FCCc W UEBERT CASSIDY Vd HITMORE Jeffrey C. Freedman Does FBOR Require "Transactional Imunity " ?, Employee Relations Department Newsletter, February 2010 Firefighters: Immunized To What Extent ?, Los Angeles /San Francisco Daily Journal, December 2009 Pay for Commuting And 'Off-the-Clock' Work, Los Angeles /San Francisco Daily Journal, October 2009 Are Your Layoffs Legal ?, Los Angeles /San Francisco Daily Journal, February 2009, with Oliver Yee © 2011 Liebert Cassidy Whitmore. All rights reserved. 3 LCM7 LIEBEUT CASSIDY VVHITMORE Richard M. Kreisler Partner Los Angeles rkreisler @lcwlegal.com Tel: 310.981.2000 Fax: 310.337.0837 Richard M. Kreisler has devoted much of his 35 year legal career to the representation of California law enforcement and fire professionals. After having spent the first fourteen of those years representing police and fire associations exclusively, Richard joined the Firm in 1989, confining his practice to the employment relations representation of public agencies through his work with police chiefs, sheriffs, fire chiefs and other public sector managers. Having developed invaluable insights into police and fire administration and the inner workings of the public safetyllabor management relationship as a result of the first phase of his career, Richard brings an unprecedented insider's perspective to the representation of management, which maximizes the ability of his police and fire administration clients to anticipate and counter issues developed by associations and their members. Richard provides ongoing counsel to a significant number of police and fire chiefs, to the Los Angeles County Sheriffs Department, and to other police and fire administrators state -wide. He has particular expertise in conducting internal affairs investigations, prosecuting administrative disciplinary proceedings and defending law enforcement civil litigation in both state and federal courts. Richard also represents many other public sector agencies, specializing in all aspects of the negotiating process and in grievances and impasse proceedings arising in connection with the meet and confer process. Richard has participated in interest based fact - finding and arbitration periodically since 1975. Richard's commitment to representation of management in the bargaining field is exemplified by his representation and provision of bargaining counsel to municipalities having up to approximately 4,000 public safety employees. A savvy negotiator, Richard has participated in the negotiation of several hundred contracts regarding police, fire and general municipal units. Finally, Richard is a perennial selection of his peers and opposing counsel as a Los Angeles Magazine "Southern California Super Lawyer ". A member of the United States Supreme Court Bar, Richard is a frequent instructor at professional organizations throughout California. He is the author of Administrative and Legal Challenges to Law Enforcement Management, The Police Chief and Sheriffs Bill of Rights Act, Minimizing Whistleblower Liability and numerous other workbooks and periodicals comprising Liebert Cassidy Whitmore guides to police and fire management. He is also co- author of a manual on the Public Safety Officer's Procedural Bill of Rights Act, legislation which is applicable to arson investigators. Education JD, University of California, Los Angeles School of Law BA, University of California, Berkeley @ 2011 Liebert Cassidy Whitmore. All rights reserved. [LCWI LIEBERT CASSIDY WHITMORE Richard Krelsler Legal Expertise Employment Law Labor Relations and Negotiation Services Public Safety Representative Matters Appellate Association for Los Angeles Deputy Sheriffs v. County of Los Angeles, Los Angeles County Sheriffs Department et at (2008) - The California Court of Appeal held that pre - interrogation joint meetings by deputies involved in shootings have limitations. Steinert v. City of Covina (2006) - The Court of Appeal held that a peace officer was not entitled to the protections of the Act when asked questions by her supervisor in the ordinary course of duty where the supervisor did not suspect that the officer had engaged in serious misconduct. Litigation Association for Los Angeles Deputy Sheriffs v. County of Los Angeles (2008) - Prevailed on motion to dismiss without leave to amend in procedural due process and Section 1983 case. Claremont Police Officers Assn v. City of Claremont (2006) - In a case handled by LCW at the superior court level, the Supreme Court adopts the lower court ruling by determining that a Police Department's implementation of racial profiling study is not submect to meet and confer requirements. Negotiations Chula Vista Police Officers Association negotiations Richard is the chief negotiator for the City of Chula Vista, the second largest City in San Diego County. Chula Vista negotiations were prominent in that they resulted in implementing less costly retirement plans for future employees and had dramatic pension re -form by having current employees shoulder their own costs of pension benefits. The City was a leader in this regard in San Diego County. Thousand Oaks Senior Management and Mid - Management Association negotiations Richard is the chief negotiator for the City of Thousand Oaks. Thousand Oaks is a principal City in Ventura County and the negotiations involved unions re- opening existing contracts and agreeing to immediate cost- saving concessions. Los Angeles County Community Development Commission negotiations The Los Angeles County Community Development Commission provides affordable housing throughout the County of Los Angeles. The Commission's employees recently unionized and a contract was rapidly arrived at in a manner, which main - tained morale and efficiency in providing the valuable housing service to Southern California. Richard Kreisler negotiated the comprehensive agreement. Montebello Police and Firefighters Association negotiations Richard is the chief negotiator for the City of Montebello. Montebello is a City that has been flirting with bankruptcy. Through both negotiated contracts and implementa -lion, City employees commenced paying 100% of their retirement contributions, saving the City hundreds of thousands dollars annually and representing significant pension reform. © 2011 Liebert Cassidy Whitmore. All rights reserved. R &CW] LIEBERT CASSIDY WHITMORE Richard Kreisler Santa Maria Police Officers and Firefighters Association negotiations Santa Maria is the principal City in northern Santa Barbara County. Hard hit by the housing recession and near collapse of the auto industry, Kreisler negotiated contracts with both police and fire unions providing for pension reform and significant cost savings to the City. Glendale Management and General Municipal Employees' Association negotiations /Police Association negotiations Richard M. Kreisler is the chief negotiator for the City of Glendale. Glendale is the third largest City in Los Angeles County and is facing multi - million dollar deficits. Labor agreements and unilateral implementation of working condition changes, resulted in increased pension reform and cost savings to the city. The process is continuing today with among others, the Police Association. Awards Selected for inclusion in Southern California SuperLawyer, 2006 -2010 Publications Liebert Cassidy Whitmore prevails in a Published Sixth District Court of Appeal Decision Clarifying an Officer's Right to Receive Investigation Materials under Skelly and Public Safety Officers Procedural Bill of Rights Act, Police Chiefs' and Sheriffs' Legal Update, July 2005, with Scott Tiedemann Police Department has no "Special Relationship" Duty Under Negligence Theory to Protect Woman and Son from Brutal Attack by Boyfriend, L.A. County Police Chief Update, May 1999 Binding Interest Arbitration (SB 402) Passes Out of Senate Committee, L.A. County Police Chief Update, April 1999 1999 Brings Legislative Changes to Personnel Matters - How Significant is the Impact ?, L.A. County Police Chief Update, January 1999 1999 Brings Legislative Changes to Personnel Matters - How Significant is the Impact, L.A. County Police Chief Update, January 1999 Police Officers are not Exposed to Tort Liability If Their Conduct Fails to Prevent a Threatened Suicide From Being Brought to Fruition, L.A. County Police Chief Update, December 1998 Ninth Circuit Holds That Use of Police Dog Is Not Per Se the Use of Deadly Force, L.A. County Police Chief Update, October 1998 State Attorney General Offers Opinion That the Chief of Police of a General Law City May Not Serve Simultaneously as City Manager - Acceptance of the City Manager Office Automatically Vacates the Police Chief Office, L.A. County Police Chief Update, October 1998 Police Officer Does Not Violate Substantive Due Process by Causing Death to Innocent Third Party Killed as a Result of a High -Speed Automobile Chase Aimed at Apprehending a Suspected Offender, L.A. County Police Chief Update, September 1998 © 2011 Liebert Cassidy Whitmore. All rights reserved. ACC I'� LI EBERT CASSI DY WH ITMORE Richard Kreisler Police Chief May be Liable for Failing to Establish Canine - Related Procedures Where Evidence Exists of Numerous Injuries to Suspects Apprehended by Use of Police Canines, L.A. County Police Chief Update, August1998 Police Officer Not Entitled to Qualified Immunity for Alleged Unreasonable Fatal Shooting of Fellow Officer During Execution of Search Warrant, L.A. County Police Chief Update, July 1998 As a General Rule, Peace Officers Working Part Time as Security Guards for Private Employers are not Acting as City Employees Where the City Maintains No Control Over the Officer's Outside Activities, L.A. County Police Chief Update, June 1998 Although a Police Department Has For a Lengthy Period of Time Accommodated a Police Detective, The City May Decide to Cease Making That Accommodation If The Previous Accommodation Exceeded That Which the Law Required, L.A. County Police Chief Update, May 1998 Although a Police Department Has For a Lengthy Period of Time Accommodated a Police Detective, The City May Decide to Cease Making That Accommodation If The Previous Accommodation Exceeded That Which the Law Required, L.A. County Police Chief Update, April 1998 Sex Discrimination Consisting of Same -Sex Sexual Harassment is Actionable Under Title VII, L.A. County Police Chief Update, March 1998 Police Managers Immune from State Liability For Money Damages Caused by Instituting or Prosecuting Any Judicial or Administrative Disciplinary Proceedings - However, Federal Civil Rights Action Can Survive, L.A. County Police Chief Update, January 1998 District Attorney Decision to Prosecute an Off -Duty Police Officer for a Felony is Not Discriminatory Even Though the Decision was Motivated by the Individual's Status as a Police Officer, L.A. County Police Chief Update, December 1997 State Legislature Modifies Safety Officers Procedural Bill of Rights Act by Imposing Time Limits on Completion of Internal Affairs Investigations and Service of Notices to Impose Discipline, L.A. County Police Chief Update, December 1997 The Police Chiefs Bill of Rights Act, October 1997 Presentations Bringing Closure to Negotiations in Difficult Economic Times - California Public Employer Labor Relations Association Annual Conference - Monterey - November 30, 2011 Bringing Closure to Negotiations in Difficult Economic Times -With or Without Contract Reopeners - Califomia Public Employers Labor Relations Association Annual Conference - Monterey - November 30, 2011 POBR and FBOR Update - Inland Area Public Management Association - Human Resources - Riverside - September 21, 2011 Legal Update Panel - State Bar of California Labor and Employment Law Section - Sacramento - May 13, 2011 Decreasing Moral in Police Departments - Los Angeles County Police Chiefs Association - TBD - April 27, 2011 Closing the Deal - Southern California Labor Relations Counsil - Lakewood - February 17, 2011 © 2011 Liebert Cassidy Whitmore. All rights reserved. LC�W'j LIEBERT CASSIDY WHITMORE Richard Kreisler FBOR - City of Newport Beach - Newport Beach - December 7, 2010 'Sorry' We Have Nothing to Give ... But'Let's Make a Deal' Anyway: How to Avoid Union 'Outbursts'- Public Employer Labor Relations Association of California (PELRAC) - Costa Mesa - October 7, 2010 The Principles of Just Cause and Disciplinary Grievances - Labor Relation Information Systems - LRIS - Las Vegas -September 23, 2010 © 2011 Liebert Cassidy Whitmore. All rights reserved. FICcW,I LIEBERT CASSIDY WHITMORE Mark Meyerhoff Partner Los Angeles mmeyerhoff @lcwlegal.com Tel: 310.981.2000 Fax: 310.337.0837 Mark represents clients in all types of civil litigation, administrative proceedings and arbitrations. Mark regularly advises and represents clients in all aspects of employment and traditional labor relations matters. Mark utilizes his employment law and litigation experience and expertise for the benefit of our firm's clients in such matters as discipline and termination arbitrations and hearings; state and federal court actions involving harassment, civil rights, discrimination, writs of mandate relating to meet and confer disputes, Public Safety Officer Procedural Bill of Rights issues, administrative charges of harassment and discrimination brought before the DFEH and EEOC and several court of appeal arguments. Notably, Mark has successfully tried a federal court case involving civil rights and retaliation claims. Mark has also worked on two matters which resulted in two published decisions, including a recent decision in which the California Supreme Court elaborated upon the scope of meet and confer obligations for public sector entities. Mark has also successfully litigated numerous other administrative and court proceedings on behalf of the firm's clients. In addition to his litigation expertise, Mark continuously counsels clients on a variety of labor relations matters, including major labor disputes and strikes, unfair labor practice charges, bargaining unit disputes, collective bargaining agreement interpretations and union organizing issues. Mark also develops and updates personnel rules, policies and ordinances for public sector clients and routinely presents training programs and workshops for supervisors and managers. Prior to joining Liebert Cassidy Whitmore in 2001, Mark represented employers in labor and employment law for a national employment law firm. Mark litigated several cases in both state and federal court, including claims for wrongful termination, harassment, discrimination, labor relations, wage and hour issues, privacy and trade secret disputes. Education JD, Loyola Marymount University School of Law BA, University of California, Santa Barbara Legal Expertise Class Action Litigation Employment Law Investigations Labor Relations and Negotiation Services Litigation Services Public Safety © 2011 Liebert Cassidy Whitmore. All rights reserved. 1 LIFBERT CASSIDY WHITMORE Mark Meyerhoff Representative Matters Appellate: Lewitt v.Lavin (2009) - In an unpublished opinion, the California Court of Appeal, Second District agreed with the Sixth District's Gilbert v. City of Sunnyvale ruling, holding that an interrogated officer's discovery rights under the Public Safety Officers Procedural Bill of Rights Act are limited to the investigation reports and complaints only, and only after the officer has been interrogated and further proceedings are contemplated or prior to a further interrogation. Litigation: Batts et al. v. City of Los Angeles, et al. (2010) - LCW successfully defended the City of Los Angeles, the Los Angeles Police Department, Chief William Bratton, and other high -level Police Department command staff in a retaliation action brought by nine police department sergeants who alleged they had suffered adverse emplyoment actions because of their participation in a wage and hour litigation against the City. The alleged adverse actions included disciplinary investigations, relief from duty, suspension, transfer, and denial of promotion. Plaintiffs attempted to bring the matter as a class action, but the Court dismissed the class allegations. Following depositions of each Plaintiff, of Chief Bratton, and some individual defendants, LCW brought nine summary judgment motions, one for each Plaintiff. The Court granted all the motions, resulting in a defense victory on all claims. Justin Tackett v. County of Imperial (2007) - Summary judgment was awarded in this lawsuit brought by a Sheriff Deputy claiming retaliation and race discrimination. Ho v. City of Azusa (2007) - Obtained a summary judgment on behalf of the city in this case brought by the union president alleging first amendment retaliation. Bohacik v. City of Hermosa Beach (2006) - Obtained summary judgment in favor of the City in this Public Safety Officers' Procedural Bill of Rights Act case involving internal affairs investigation. Lewitt v. City of Hermosa Beach (2006) - Successful in obtaining a summary judgment in this law enforcement investigation case. Claremont Police Officers Assn v. City of Claremont (2006) - In a case handled by LCW at the superior court level, the Supreme Court adopts the lower court ruling by determining that a Police Department's implementation of racial profiling study is not submect to meet and confer requirements. Ware v. City of Pasadena and Chief Bernard Melekian (2004) - Wrongful termination and Freedom of Speech case in a Federal Court jury trial. We won a defense verdict on the wrongful termination claim and, based on the juror's answers to proposed questions, the Judge held that the balance was in favor of the City on the freedom of speech claim. The Judge granted a motion for judgment as a matter of law on all of the claims on behalf of the Defendants. Publications © 2011 Liebert Cassidy Whitmore. All rights reserved. LIEBERT CASSIDY WHITM ®RE Mark Meyerhoffff Understanding and Utilizing the 2009 Amendments to the Family Medical Leave Act, IPMA -HR I HR News Magazine, March 2011, with Lauren Liebes Public Agencies Should Take The Time To Examine Workplace Violence Policies, California Special District Association (CSDA) Magazine, Volume 6, Issue 2, March 2011, with Frances Rogers Ethics, Conflicts of Interests, and California Law, California Special District Association (CSDA) Magazine, Volume 6, Issue 7, January 2011, with Frances Rogers Your Rights Under FERPA, Campus Safety Magazine, January 2011, with Alex Wong The Top 5 FLSA Mistakes Special Districts Make, California Special District Association (CSDA) Magazine, Volume 5, Issue 5, September 2010, with Connie C. Almond The Top 10 FLSA Mistakes Public Employers Make, IPMA -HR I HR News Magazine, July 2010, with Lauren Liebes Bargaining During Lean Economic Times: The Duty to Meet and Confer, The Public Law Journal, June 2010 Tuning Into Your Employees: Video Surveillance in the Workplace, Publication of the California Special Districts Association, May 2010, with Connie C. Almond The Impact Of AT &T V. Hulteen, LAW360, June 2009 Ruling Encourages Diligent Work on Evidence Early in Litigation, Los Angeles/San Francisco Daily Journal, September 2006 US Supreme Court and CA Supreme Court Establish Materially as Standard for What Constitutes Adverse Employment Actions in Retaliation Cases, Employment Practices Monthly, August 2006 The California Supreme Court alters the Employment Law Landscape: The Shifando and McGinnis decisions, February 2004 Presentations Preventing Workplace Harassment, Discrimiantion and Retaliation - Rancho Simi Recreation & Park District - Simi Valley - November 8, 2011 Hiring and Keeping Great Employees - California Special Districts Association Annual Conference - Monterey - October 13, 2011 Employees & Driving - East Inland Empire - Fontana - October 6, 2011 Code of Ethics - Superior Court of California, County of Orange - Santa Ana - September 30, 2011 FBOR - Santa Barbara County Fire Department - Santa Barbara - June 23, 2011 © 2011 Liebert Cassidy Whitmore. All rights reserved. ',ZCW LIEBERT CASSIDY WHITMORE Mark Meyerh®ff Developing and Organizing Effective Agency Policies - Special District and Local Government Institute Administrator Seminar - San Diego - June 10, 2011 Preventing Workplace Harassment, Discrimination and Retaliation - Food Services International - Los Angeles - June 6, 2011 Legal Issues Regarding Hiring - City of Glendale - Glendale - May 24, 2011 Supervisory Skills for the First Line Supervisor/Manager - City of La Mesa - La Mesa - May 19, 2011 Supervisory Skills for the First Line Supervisor/Manager - City of La Mesa - La Mesa - May 18, 2011 Ethics in Public Service - City of Baldwin Park - Baldwin Park - May 17, 2011 Freedom of Speech and Right to Privacy - Labor Relation Information System - LRIS - Las Vegas - May 13, 2011 12 Steps to Avoiding Liability - LA County Management Attorneys Consortium - Los Angeles - May 12, 2011 Supervisory Skills for the First Line Supervisor/Manager - East Inland Empire ERC - Fontana - May 5, 2011 Crucial Personnel Issues for Managers - Imperial County - El Centro May 4, 2011 Code of Ethics - Superior Court of California, County of Orange - Santa Ana - April 28, 2011 Preventing Workplace Harassment, Discrimination and Retaliation - Entertainment Partners - Burbank - April 21, 2011 12 Steps to Avoiding Liability and Finding the Facts: Disciplinary and Harassment Investigations - City of Beverly Hills - Beverly Hills - April 14, 2011 Preventing Workplace Harassment, Discrimination and Retaliation - Housing Authority for the City of Los Angeles - HACLA - Torrance - April 11, 2011 "Performance Management: Evaluation, Documentation and Discipline" - Gateway Public ERC - Huntington Park -April 7, 2011 Employees and Driving - Coachella Valley ERC - Cathedral City - April 5, 2011 Ethical Decision Making - Coachella Valley ERC - Cathedral City - April 5, 2011 Public Meeting Law (the Brown Act) and the Public Records Act - Monterey Bay ERC - Webinar - March 31, 2011 The Meaning of At -Will, Part-Time & Contract Employment - Orange County Human Resources Consortium - San Clemente - March 24, 2011 Prevention and Control of Absenteeism and Abuse of Leave & Super Manager or Super Spy - City of Beverly Hills - Beverly Hills - March 11, 2011 ©2011 Liebert Cassidy Whitmore. All rights reserved. 4 LIEBERT CASSIDY WHITMORE Mark Meyerhoff Prevention and Control of Absenteeism and Abuse of Leave and Super Manager or Super Spy - City of Beverly Hills - Beverly Hills - March 10, 2011 Supervisory Skills for the First Line Supervisor /Manager - Allan Hancock College - Santa Maria - March 4, 2011 Exercising Your Management Rights - South Bay ERC - Torrance - March 2, 2011 What You Need To Know About Local Government Law - Special District Institute - Anaheim - February 18, 2011 A No Holds Barred Approach to Employee Body Piercing, Tattoos and Dress Codes - West Inland Empire ERC - Chino Hills - January 27, 2011 FBOR - Pasadena Fire Department - Pasadena - January 24, 2011 Disaster Service Workers - Imperial County - El Centro - November 30, 2010 Ethics in Public Service - SCCCD ERC - Webinar- November 5, 2010 Performance Management: Evaluation, Documentation and Discipline - Central Valley ERC - Clovis - November 4, 2010 Generational Diversity and Succession Planning: Opportunities for Building a Stronger Workforce - Central Valley ERC - Clovis - November 4, 2010 Generational Diversity and Succession Planning: Opportunities for Building a Stronger Workforce - West Inland Empire ERC - Upland - November 3, 2010 Introduction To Public Service - West Inland Empire ERC - Upland - November 3, 2010 Depositions and Trial Testimony - Independent Cities Risk Management Authority - ICRMA - Cerritos - October 28, 2010 Ethical Decision Making - Los Angeles County Human Resources Consortium - Los Angeles - October 21, 2010 Ethics in Public Service - City of La Mesa - La Mesa - October 19, 2010 Code of Ethics - Superior Court of California, Orange County - Santa Ana - October 8, 2010 Preventing Workplace Harassment, Discrimination and Retaliation - Ventura Regional Sanitation District - Santa Paula - October 5, 2010 FBOR - City of Arcadia - Arcadia - September 28, 2010 FBOR - City of Arcadia - Arcadia - September 27, 2010 Ensuring Brown Act Compliance - Update - California Special Districts Association Annual Conference - © 2011 Liebert Cassidy Whitmore. All rights reserved. 5 �CW LIEBERT CASSIDY WHITMORE Mark Meyerh®ffff Newport Beach - September 22, 2010 Must Have Communication Protocols for District Staff & Board Members - California Special Districts Association Annual Conference - Newport Beach - September 21, 2010 Issues and Challenges Regarding Drugs and Alcohol in the Workplace - Imperial Valley ERC - El Centro - September 16, 2010 Ethics in Public Service - Imperial Valley ERC - El Centro - September 16, 2010 Preventing Workplace Harassment, Discrimination and Retaliation - Ventura Regional Sanitation District - 1st session - Oxnard & other sessions - Ventura - September 15, 2010 Handling Grievances - San Gabriel Valley ERC - Alhambra - September 8, 2010 Annual Audit of Your Personnel Rules - Gateway Public ERC - La Mirada - September 2, 2010 Trial and Deposition Testimony - Independent Cities Risk Management Authority Meeting - Downey - August 18, 2010 Freedom of Speech and Right to Privacy for Firefighters - Labor Relation Information System - LRIS - Las Vegas - July 16, 2010 Understanding the Brown Act and Your Responsibilities - California Special Districts Association - Goleta -June 23, 2010 © 2011 Liebert Cassidy Whitmore. All rights reserved. LIEBERT CASSIDY WHITMORE Lauren Liebes Associate Los Angeles Iliebes @lcwlegal.com Tel: 310.981.2000 Fax: 310.337.0837 Lauren focuses her practice in labor and employment law. She has experience advising clients on disability and accommodation issues, leaves of absence, wage and hour matters, family and medical leave, personnel policies, wrongful termination, breach of contract, general business law and immigration - related matters. Ms. Liebes also has experience defending employers in administrative and labor proceedings and advising employers regarding union relations, including serving as lead negotiator in collective bargaining agreement negotiation with Service Employees International Union. Lauren also has experience conducting internal compliance audits, investigating and resolving employment - related claims, drafting agreements and policies that govern employment relationships, and conducting training on various employment - related matters including harassment, discrimination and retaliation awareness and prevention and workplace investigations. Prior to joining Liebert Cassidy Whitmore, Lauren worked in business and real estate law with a focus on preparing contracts, analyzing agreements, litigation and advising clients on various legal aspects of business transactions. Education JD, Southwestern Law School, Los Angeles BS, Boston University Legal Expertise Audit Services Business and Facilities Education Law Employment Law Labor Relations and Negotiation Services Wage and Hour © 2011 Liebert Cassidy Whitmore. All rights reserved. LC�WI LIEBERT CASSIDY WHITMORE Lauren L°oebes Publications Understanding and Utilizing the 2009 Amendments to the Family Medical Leave Act, IPMA -HR I HR News Magazine, March 2011, with Mark Meyerhoff The Top 10 FLSA Mistakes Public Employers Make, IPMA -HR I HR News Magazine, July 2010; with Mark Meyerhoff Court Rules on Enforceability of Arbitration Clauses in Student Enrollment Agreements, NAIS E- Bulletin Vol. 8, Issue 11, November 2009, with Michael Blacher Reeling in Retaliation„ Los Angeles /San Francisco Daily Journal, July 2009, with Melanie M. Poturica Presentations Labor & Employment Relations Issues During Lean Economic Times - Orange County Human Resources Consortium - Cypress - April 21, 2011 The Brown Act & EERA Training - Accelerated School - Los Angeles - February 28, 2011 © 2011 Liebert Cassidy Whitmore. All rights reserved. 2