CC MIN 05172022 - Laserfiche WebLink

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