To: Board of Supervisors of the County of Sonoma
Department or Agency Name(s): Human Resources
Staff Name and Phone Number: Janie Carduff 707-565-3995, Christina Cramer 707-565-2988
Vote Requirement: Majority
Supervisorial District(s): All
Title:
Title
Labor Relations Consulting Services Agreement
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Recommended Action:
Recommended action
Authorize the Sonoma County Board of Supervisors to execute the Second Amendment extending the agreement between the County of Sonoma and the law firm Liebert Cassidy Whitmore for labor relations consulting, labor contract negotiations, and related legal services from January 1, 2021 through December 31, 2021.
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Executive Summary:
This item requests the Board execute an extension to the agreement with Liebert Cassidy Whitmore (LCW) for employment and labor relations consulting, labor contract negotiations, and related legal services from January 1, 2021 through December 31, 2021. The area of employment and labor law in the public sector is very complex. The County has historically had an agreement with a reputable firm that specializes in this area. After the completion of a Request for Proposal, the County selected LCW and entered into an agreement for services in 2015. The Board approved amended agreements in 2017 through December 31, 2020. LCW has provided experienced negotiating and labor relations legal services during the period of this agreement.
Discussion:
After completing a Request for Proposal process in 2014, the County entered into an agreement for services with Liebert Cassidy Whitmore. LCW has been in the business of practicing public sector employment and labor law for over 35 years, and the firm has a deep bench of attorneys experienced in providing practical solutions to challenges faced by California public agencies, including expertise in retirement benefits for 1937 Act Counties, fact finding, impasse resolution, unfair labor practices, arbitration, and Fair Labor Standards Act issues. The County executed prior amendments to the contract through December 31, 2020. Today’s action provides the County the authority to executive a second amendment from January 1, 2021 through December 31, 2021.
During the period of the existing agreement, LCW has provided legal services related to evolving employment law and employment policies, grievances and arbitration, unfair labor practice charges, strike injunctions, complex employment issues, and negotiations in 2016, 2018, and 2019.
The County is currently under contract with all of the eleven bargaining organizations. The challenge presented by the pandemic and other events have made the access to a firm like LCW invaluable. Numerous COVID-19 related laws and actions that the County took related to the pandemic have affected issues related to the terms and conditions of employment, requiring significant consultation with LCW. Additionally, the County has other ongoing needs for legal expertise in the area of employment and labor law such as arbitrations, unfair labor practice charges, guidance on labor and meet and confer issues, interpretation of existing and new employment and labor laws, etc. County Counsel’s Office provides legal advice and representation on labor and employment issues but has limited capacity given they serve the entire County organization. LCW provides focused, in-depth depth knowledge and specialized legal expertise. Finally, continuity of knowledge and understanding of the County is an important factor to retaining LCW’s services. The County’s long-standing approach of contracting with an outside firm to assist with employment and labor related legal services and negotiations is a common practice with other agencies.
For the reasons described above, staff recommends amending and continuing the agreement with LCW. The Human Resources Department will produce an RFP for labor relations related legal services around June of 2021, to take effect in January 2022.
Cost and Term
The proposed Agreement with LCW is for labor relations consulting and negotiation services beginning January 1, 2021 through December 31, 2021. It is a fee for services agreement. The January start date is requested so that Human Resources and County Counsel will have uninterrupted access to these specialized legal resources as there are existing and ongoing labor meet and confer processes and continued consultation for all labor relations services.
LCW fees continue to be competitive, as demonstrated by Attachment A. The rates through this extension, December 31, 2021, will remain the same as the previous extension that will expire December 31, 2020. Total hours needed for all services under this contract depend upon the number of and the complexity of issues that arise.
Prior Board Actions:
2/10/15 - Authorized agreement for labor relations consulting and related legal services for February 10, 2015 through December 31, 2016.
12/13/16 - Authorized agreement for labor relations consulting and related legal services for January 1, 2017 - June 30, 2019.
4/30/19 - Authorized agreement for labor relations consulting and related legal services for January 1, 2020 to December 31, 2020
Fiscal Summary
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Expenditures |
FY 20-21 Adopted |
FY21-22 Projected |
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Budgeted Expenses |
160,000 |
120,000 |
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Additional Appropriation Requested |
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Total Expenditures |
160,000 |
120,000 |
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Funding Sources |
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General Fund/WA GF |
160,000 |
120,000 |
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State/Federal |
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Fees/Other |
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Use of Fund Balance |
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Contingencies |
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Narrative Explanation of Fiscal Impacts:
In April 2019, the Board previously approved $120,000 FY 2020-21 for labor relations consulting services from LCW through December 2020. The total expected expenses for the entirety of FY 2020-21 is $280,000. The additional funding of $160,000 is requested for the last six months of FY 2020-21, and to cover increased costs related to two recent unfair labor practice charges and the legal guidance that was needed to comply with the employment and labor effects caused by the COVID pandemic. The costs incurred under this contract for FY 2020-21 will be paid out of the current Non-departmental General Fund budget and will be absorbed with current appropriations.
Staff estimates the costs will be approximately $120,000 for FY 21-22, from July 2021 through December 2021. Additional funding for FY 2021-22 will be included in that year’s budget process.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
None
Attachments:
Attachment A: Second Amendment - Labor Relations Services with Liebert Cassidy Whitmore, January 1, 2021 to December 31, 2021.
Related Items “On File” with the Clerk of the Board:
Attachment A: Contract- Labor Relations Services with Liebert Cassidy Whitmore, February 10, 2015 through December 31, 2016
Attachment B: Contract Amendment - Labor Relations Services with Liebert Cassidy Whitmore, January 1, 2017 to December 31, 2020.