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8G Consent 2014 0616
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8G Consent 2014 0616
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6/30/2014 10:02:16 AM
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6/11/2014 10:49:38 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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_CC Agenda 2014 0616 CS+RG
(Reference)
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Reso 2014-057
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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Legal Services Analysis and Report City of San Leandro <br />February 2013 Municipal Resource Group <br /> <br /> <br /> 5 <br />and interpretation as to whether the matter is a Basic or Additional legal service when it <br />is referred to the City Attorney. <br /> Similarly, “routine personnel and labor relations matters” are included under Basic <br />legal services, yet “labor negotiations, Skelly hearings, disciplinary hearings, similar <br />non‐routine matters, and matters leading to such proceedings” are excluded from Basic <br />legal services (italics added). “Routine” and “non‐routine” are not defined, often <br />requiring discussion and interpretation as to whether a matter is a Basic or Additional <br />legal service when referred to the City Attorney. Moreover, a matter may begin as <br />seemingly routine but may become complex and “lead to such proceedings” as it <br />becomes non‐routine. <br /> City staff and Meyers Nave both acknowledge that in recent years more time has <br />been devoted to determining whether matters are covered under the Basic or <br />Additional legal services. Many factors could contribute to this: Departmental budget <br />reductions, significant turn over in key management positions and staff reductions, and <br />not the least, the growing complexity and “non‐routine” nature of legal matters <br />requiring attention. <br /> <br />2. From the City’s perspective, it is understandable that cost control of legal services is <br />important. From Meyers Nave’s perspective, the overall costs and complexity of <br />municipal law/public agency legal services has substantially increased over the years <br />and the Legal Service Agreement’s rates and charges have not kept pace with the <br />economic changes in the legal marketplace for such services. <br /> <br />3. During the past twenty‐six years of representation, there have been three Meyers Nave <br />attorneys designated as San Leandro’s City Attorney. The relatively long tenure of <br />individuals assigned to the position, as well as the constancy of the firm’s Agreement <br />with the City provide a “corporate memory” and “historical perspective” on the City’s <br />history, policies, practices and legal issues, which is of value and benefit to the City. For <br />example, in recent years there has been significant turnover among key City staff and <br />department heads that has led to a perception by some that the City Attorney’s Office <br />can be relied upon to opine on non‐legal matters, as well as the history and effective <br />practices on other recurring issues that might otherwise be known by more tenured
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