HomeMy WebLinkAbout09 - NB-1 - Appointment of City Negotiators for - 12/3/2019
CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 3, 2019 ITEM NUMBER: NB-1
SUBJECT: APPOINTMENT OF CITY NEGOTIATORS FOR THE COSTA MESA CITY
EMPLOYEE ASSOCIATION (CMCEA) MEET AND CONFER AND
AUTHORIZATION TO PROCEED WITH THE FINANCIAL ANALYSIS OF THE
CURRENT MOU PER THE TRANSPARENCY IN LABOR NEGOTIATIONS
COUNCIL POLICY 300-8
DATE: NOVEMBER 15, 2019
FROM: OFFICE OF THE CITY MANAGER / HUMAN RESOURCES DIVISION
PRESENTATION
BY:
LANCE NAKAMOTO, HUMAN RESOURCES MANAGER
ITZIA CARVAJAL, PRINCIPAL HUMAN RESOURCES ANALYST
FOR FURTHER INFORMATION
CONTACT:
ITZIA CARVAJAL, PRINCIPAL HUMAN
RESOURCES ANALYST - (714) 754-5061
RECOMMENDATION:
Staff recommends that the City Council:
1. Designate Peter Brown, Partner, Liebert Cassidy Whitmore, Lori Ann Farrell
Harrison, City Manager and Lance Nakamoto, Human Resources Manager as the
City’s representatives in negotiations with the CMCEA.
2. Authorize staff to have the independent fiscal analysis of the current CMCEA 2016-
2020 Memorandum of Understanding (MOU) completed per the requirements of
the Transparency In Labor Negotiations Council Policy 300-8 (hereinafter policy)
and any future analysis that may arise from the meet and confer process.
BACKGROUND:
Per the policy, the City Council must designate a principal negotiator and at least one
representative on behalf of the City to represent the City in negotiations. The policy
states that the principal negotiator “shall have extensive prior experience in negotiating
public employee collective bargaining agreements and shall be free from any actual or
potential conflict of interest with respect to the bargaining unit.”
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ANALYSIS:
The City Council shall designate one or more executive employees to be present during
negotiations and to assist the principal negotiator as the City Council and/or principal
negotiator deem appropriate. Staff recommends that the City Council designate Peter
Brown, Partner, Liebert Cassidy Whitmore, Lori Ann Farrell Harrison, City Manager and
Lance Nakamoto, Human Resources Manager as the City’s representatives in
negotiations with the CMCEA.
Furthermore, Section 2 Economic Analysis of the policy requires that the Finance Director
prepare an economic analysis that must be verified by an independent auditor. Staff
recommends that the City Council authorize staff to have the independent fiscal analysis of
the current CMCEA MOU completed per the requirements of the policy and any future
analysis that may arise from the meet and confer process.
ALTERNATIVES CONSIDERED:
An alternative is to propose other designated representative(s) and authorize the
completion of the fiscal analysis.
FISCAL REVIEW:
The funds to pay for outside legal counsel for negotiation are typically budgeted in the
General Fund in the Human Resources Division budget. In addition, the City incurs costs
for an independent auditor to review the fiscal analysis, which is typically included in the
General Fund in the Finance Department budget. While funding for anticipated labor
negotiations with CMCEA was included in the FY 2019-20 budget, this funding was in
anticipation of the existing MOU’s expiration of June 20, 2020. The total cost for the legal
counsel and independent auditor cannot be estimated at this time, as they are dependent
on the time and number of analyses required. Staff will first utilize this existing funding in
each department’s respective budgets, and subsequently utilize contingency funds to pay
for additional costs, if needed.
LEGAL REVIEW:
Legal has reviewed the documents and approved them as to form.
CITY COUNCIL GOALS & PRIORITIES:
This item is administrative in nature.
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CONCLUSION:
Staff recommends that the Mayor and City Council formally approve Mr.
Brown, Ms. Farrell Harrison and Mr. Nakamoto to represent the City in negotiations with
the CMCEA and direct staff to have the independent fiscal analysis completed of the
current CMCEA 2016-2020 MOU and any future analysis that may arise from the meet
and confer process.
_________________________________ _________________________________
ITZIA CARVAJAL LANCE NAKAMOTO
Principal Human Resources Analyst Human Resources Manager
________________________________ _________________________________
KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW
Director of Finance City Attorney