CC - Item 4B - Legal Service Agreement Between The city And The Law Firm Of Goldstein, Kennedy & Petitio10i4?/A
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEEAD CITY COUNCIL
19"
FROM: BILL CIrOWE, CITY MANAGER
DATE: DECEMBER 2, 2002
RE: LEGAL SERVICES AGREEMENT BETWEEN THE CITY AND THE LAW
FIRM OF GOLDSTEIN, KENNEDY & PETITO FOR RETAINER SERVICES
RELATING TO PERSONNEL AND EMPLOYEE RELATIONS LAW
MATTERS
Attached for your consideration is information regarding the aforementioned agreement
pertaining to retainer services from the firm of Goldstein, Kennedy & Petito. The retainer fee of
$350.00 per month would cover all personnel and employee law matters including updating
personnel policies and procedures. The agreement would run calendar year to calendar year and
would be renewable annually unless notice of cancellation is given in writing by either party
sixty (60) days prior to the end of the twelve month period. Excluded would be the Farinella
case and any other case before a court or board. Such cases would be under a separate
agreement.
The agreement has been approved as to form by the City Attorney.
RECOMMENDATION
It is recommended that the Rosemead City Council approve the attached agreement between the
City and the law firm of Goldstein, Kennedy & Petito.
COUNCIL AG-EINDA
DEC 10 2002
ITEM No. V
THE LAW FIRM OF
GOLDSTEIN, KENNEDY & PETITO
TELEPHONES 1880 CENTURY PARK EAST, SUITE 1018
13101553-4746
(800) 826-0113 CENTURY CITY
LOS ANGELES. CALIFORNIA 90067
November 19, 2002
BY FACSIMILE NO. 626-307-9218
AND BY FIRST CLASS MAIL
Mr. William Crowe
City Manager
City of Rosemead
8538 E. Valley Boulevard
Rosemead, CA 91770
Dear Mr. Crowe:
FAX 1310) 262-8070
www.gkplaw.com
This letter is to serve as a proposal from the firm of Goldstein, Kennedy &
Petito to assist the City of Rosemead in personnel and employee relations law
matters.
Goldstein, Kennedy & Petito would be willing to enter into a $350 a month
retainer arrangement with the City for the period of twelve months, commencing
January 1, 2003 and ending December 31, 2003, which would be renewable from
year to year, unless notice of cancellation is given in writing by either party sixty
(60) days prior to the end of the twelve month period. Such assistance would
iuciude ieiepilone advice and counsei and periodic conferences with city staff and
the City Council regarding personnel and employee relations law matters including
but not limited to: Drafting and updating personnel policies and procedures, pre and
post disciplinary issues, the proper application of City personnel policies, practices
and procedures in light of the existing state and federal legal requirements,
compliance with state employment and labor laws applicable to local government,
and federal and state anti-discrimination laws.
Excluded from the legal services to be provided under this retainer
arrangement are the following: Any services related to Farinella v. City of
EAROSEMEADNOTEM007. W PD
Rosemead, Los Angeles County Superior Court Case No. 02C02167, any other
proceedings before any state and or federal courts or administrative agency, any
hearings, whether before a personnel board, administrative agencies or courts
and/or any cases involving alleged violations of Labor Code section 132(a) and/or
Labor Code section 4553. Such services would be provided under a separate fee
arrangement should the City desire our firm to represent it in any of those matters.
The retainer arrangement would give your City instant telephone access to
knowledgeable professionals, as well as the ability to have periodic conferences to
discuss its personnel policies and employee problems. In this way, we believe
future personnel problems, which often result in costly litigation, can be lessened
and in many cases avoided.
If you have any questions regarding this matter, please feel free to contact
me.
CHG/hj
-2-
EAROSEMEAMNOTES\007. W PU
Councilman Taylor asked if there was a dollar amount on this case.
Bill Crowe, City Manager, responded that there was not. However; there was an opened-ended
amount that refers to "other things". "
Robert Kress, City Attorney; stated that there was a public record claim made prior to initiation of this
lawsuit in the amount of $15,000.
MOTION BY COUNCILMkN IIvIPER1.4iL, SECOND BY MAYOR PRO TEM VASQUEZ that the
Council approve the agreement between the City of Rosemead and the law firm of Goldstein, Kennedy &
Petito. Vote resulted:
Yes: imperial; Bruesch, Clark, Vasquez
No None
Absent: None
Abstain: Taylor
Councilman Taylor stated that he abstained because the information' received is not clear on what the
amount the claimant is asLima for.
CC-B LEGAL SERVICES AGREEMENT BETWEEN THE CITY AND THE LAW F1101 OF
GOLDSTEIN', KENNEDY & PETITO FOR RETAINER SERN71CES RELATING TO
PERSONNEL AND .E111PLOYEE RELATIONS LAW MATTERS
Councilman Taylor asked what is the City's contract liability with CJPIA regarding lawsuits such as
the Farinella type lawsuit? Do they have an obligation to defend these lawsuits?
Robert Kress, City Attorney, replied that the Farinella lawsuit was referred to the CJPI.A and they,
declined coverage. Mr. Kress continued that a representative from CJPIA indicated that this type of case was
not within the scope of the Authority's protection. Mr. Kress continued that typically, employee relations
matters are not covered
MOTION BY COUNCILMAN' IMPERIAL, SECOND BY MAYOR PRO TEM VASQLT-Z that the
Council approve the agreement between the City and the law firm of Goldstein; Kennedy & Petito. Vote
resulted:
Yes: Imperial, Taylor, Bruesch, Clark, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CCMIN:12-10-02
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