08/15/2006 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 8/15/2006 explained that this is part of the six point proposal he made to City Council to improve the Law Dept. In Mazch, City Council approved legislation to authorize RFP's for six areas that he thought potentially could require outside counsel services during the next two-year period. The only firms under contract presently aze Walter & Haverfield (for telecommunications and utilities) and the Rademaker law firm which continues to do workers' comp work. It seemed prudent to him to make sure there is some money set aside annually for outside counsel services so as to be prepared if a crisis should arise. He received 22 different proposals, and it gave him an opportunity to review hourly rates and how each firm would propose to approach a project. Councilman Miller asked the Law Director whether the Law Dept. had consulted with the EPA with regard to the Suburban Auto issue and the difficulty legislating offensive odors. Law Director Dubelko answered that the Building Dept. has consulted with the EPA. It is the Law Department's job to look at, from a legal perspective, whether or not there is anything in federal or state EPA regulations that would preclude the city from legislating in the azea. He hasn't concluded the reseazch, but he does not think there is. The difficulty in odor legislation is to establish an objective standard that can be enforced. Councilman Miller suggested that perhaps the EPA could provide appropriate language for effective legislation at the local level. Law Director Dubelko said he wished the government was that helpful. Councilman Miller requested further clarification on the outside services with regard to contract negotiations. It concerns him because not long ago City Council asked, rather than go with a lot of lawyers to resolve the problem, to try to sit down face-to-face and negotiate as many differences as possible. And then, when it was apparent that a lawyer was needed, Council also asked that the entire administration team be part of that negotiating team and participate. He hopes that face-to-face negotiating can be more productive than "loading-with-bear" so to speak with two different legal entities along with our own Law Dept. Law Director Dubelko said that he had.. received proposals in the area of labor law. Subsequently, the administration received authority from Council to issue proposals for a labor negotiator for the upcoming negotiations with city unions. He was looking more broadly at any needs for labor lawyers over the next two years. The administration is focused on the upcoming contract negotiations. It seemed appropriate to the administration and to him that he not select a labor lawyer and the administration select a labor negotiator when it may be that the same person, lawyer and/or law firm might serve both purposes. He and the administration will probably submit their proposals jointly to the Board of Control. If appropri~.te, the contract will be awarded to one entity-whatever makes most sense. It maybe that we use one negotiator and one labor lawyer or it maybe that the same firm or person can do both roles. Finance Director Copfer said a labor lawyer would be available for personnel and human resource matters like a harassment case or something that is beyond the scope of what our Law Dept. feels that they are knowledgeable in. The labor negotiations is a specific type of either attorney, firm or professional. That is different than a labor lawyer who specializes in labor law. The Mayor assigned her, the Human Resources Director and Law Director to evaluate the proposals so the choice is not inconsistent with w>~at the Law Dept. wants to do in the area of labor law and together bring them to the 1~oazd of Control. Law Director Dubelko clarified that there would not be a labor negotiator, a labor lawyer and the Law Director at the negotiating table. One person or firm would serve as a negotiator 6 .t~iY