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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/1/2022
DESTRUCT DATE
15Y
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Local 1974. She advised Arthur Hartinger came with support for his prior work in both cities. She <br /> reported the contract expired in February with the firm continuing its work for the City. <br /> Ms. Gill clarified a services as needed contract does not guarantee work but rather holds services in <br /> case they are needed. She explained the contract is needed to pay current invoices, continue the labor <br /> negotiations with Local 1974, and to have capacity if the firm's services are needed again in the future. <br /> In response to Councilmember Narum, City Attorney Sodergren reported there is no conflict with the <br /> firm in his opinion. He advised there is a revolving door provision under State law but it would only <br /> apply if Mr. Fialho appeared before the City Council representing the firm. He clarified the contract is <br /> with the firm's attorney group and not the consulting group that Mr. Fialho works in. <br /> In response to Councilmember Narum, Interim City Manager Dolan explained if the contract is <br /> canceled, the City would likely cancel Monday's fact-finding meeting with Local 1974 and reschedule <br /> with a date likely months in the future which would add significant cost and time to the negotiating <br /> process. <br /> In response to Councilmember Arkin, Ms. Gill reported the City has had a contract with firms employing <br /> Mr. Hartinger for about 5 to 6 years. <br /> In response to Mayor Brown, Ms. Gill confirmed the item is not to hire Mr. Hartinger but rather to secure <br /> capacity from his firm. She noted the City has used different attorneys within the firm. Interim City <br /> Manager Dolan clarified Mr. Hartinger is specifically for the LPFD negotiations. He clarified the proposal <br /> is for a three-year term. <br /> Mayor Brown opened the public hearing. <br /> Joseph McThorn, President of Local 1974, clarified the union is not requesting a change in law firm in <br /> the middle of negotiations, but rather a rejection of the firm after the negotiations are concluded. He <br /> called for the City Council to allow Renne Public Law Group to complete the negotiations and allow the <br /> new City Manager and Human Resources Director to start fresh and select their own firm. <br /> Mayor Brown closed the public hearing. <br /> Councilmember Testa advised if there is a public perception of a conflict of interest it is always a <br /> concern and should be factored into the City Council's thinking. She explained a one-year contract will <br /> allow the future Human Resources Director an opportunity to decide their firm of choice. <br /> Councilmember Testa moved to limit the contract to year-to-year at a prorated cost. <br /> Interim City Manager Dolan advised the new Human Resources Director would have the ability to <br /> change firms even if the City Council approves the proposal. He advised the City does not know how <br /> much it will cost to complete the Local 1974 contract. Ms. Gill advised it is not unusual to have multiple <br /> contracts simultaneously and clarified a multiple-year contract does not mean the City has to use <br /> Renne Public Law Group. <br /> Ms. Gill expressed concern that the City has fact-finding on Monday. She advised this is being done in <br /> partnership with the City of Livermore and not in isolation. <br /> In response to Mayor Brown, Ms. Gill estimated it will cost $300,000 to complete work on the <br /> negotiations. <br /> Councilmember Narum noted the contract's language allows the City to terminate the contract at any <br /> time. <br /> City Council Minutes Page 14 of 16 May 17, 2022 <br />
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