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cc18_218 1

STAFF REPORT

MEETING DATE: November 27, 2018

TO: City Council

FROM: Michael L. Antwine II, Assistant City Manager Joanne Narloch, Interim HR Manager

SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE RENNE PUBLIC LAW GROUP AS THE CHIEF LABOR NEGOTIATOR FOR THE 2019 LABOR NEGOTIATIONS

REQUEST

Authorize the City Manager to execute a professional services agreement with Renne Public Law Group to provide Chief Labor Negotiator services as part of the City’s 2019 labor negotiations.

DISCUSSION

On August 21, 2018, the City prepared a Request for Proposal (RFP) to solicit qualified labor negotiators to provide services to the City of Novato. Staff circulated the RFP on-line and to reputable law firms known in the area through previous searches. Responses were due by September 21, 2018 and the time frame was extended by two (2) weeks upon the request of a bidding vendor.

The City’s internal executive labor committee reviewed all of the proposals and interviewed the top three (3) law firms during the last week of October and first week of November. Based on the results of the interviews, staff identified the Renne Public Law Group as the firm with the best fit for the City based on cost, approach, and availability to perform the requested services.

FISCAL IMPACT

There are funds available in the amount of $50,000 within the Human Resources Division FY 2018-19 budget to pay for these services.

RECOMMENDATION

Authorize the City Manager to execute a professional services agreement with Renne Public Law Group to provide Chief Labor Negotiator services as part of the city’s 2019 labor negotiations.

ATTACHMENTS

1. RFP for Chief Labor Negotiator2. Proposal from Renne Public Law Group

922 Machin Avenue Novato, CA 94945

415/ 899-8900 FAX 415/ 899-8213

www.novato.org

G-9

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CITY OF NOVATO

REQUEST FOR PROPOSALS

Date Issued: August 21, 2018

LABOR RELATIONS/NEGOTIATOR SUPPORT SERVICES

PROPOSALS (SEALED) DUE BY: FRIDAY, SEPTEMBER 21, 2018 @ 5:00P.M.

CITY OF NOVATO Administrative Services Department

Attention: Michael L. Antwine II, Assistant City Manager 922 Machin Avenue Novato, CA 94945

Attachment 1G-9.1

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Request for Proposal Negotiator – Labor Relations 2018-19

INTRODUCTION / DESCRIPTION OF PROJECT

Introduction The City of Novato (City) invites interested professional labor negotiators, law firms, and attorneys to submit written proposals to provide labor negotiation services to the City of Novato. The goal of this Labor Negotiation Services RFP is to identify a consultant or group that can negotiate a new Memorandum of Understanding (MOU) for the City’s five (5) represented employee groups referred to as “Units A, B, C, D and H”. The current 3-year term of these MOU’s expires on June 30, 2019.

The City and the following represented employee bargaining units have met and conferred in good faith to negotiate labor agreements during the last five negotiation cycles, typically reaching two to three year agreements with each group.

Unit A - Novato Police Managers Association – 14 members Unit B - Novato Police Association 43 members Unit C - SEIU Local 1021 Mid-Managers 3 members Unit D - SEIU Local 1021 General Employees 84 members Unit E - Western Council of Engineers (no longer active) 5 members Unit H - Novato Police Civilian Employees Association 16 members

The City also has a Confidential Group (Unit F) with 12 members, and the Exempt Management Group (Unit G) with 15 members which are non-represented groups.

City staffing levels have remained consistent since 2014 with approximately 208 regular employees (full and part-time) and additional temporary staffing for seasonal work.

Negotiations History During the economic downturn, all employee bargaining units agreed to significant concessions. This included no cost of living adjustments for most employee groups from 2008 through 2012 and a 5% reduction in salary and furloughs. In July of 2013, employees received a 1.5% COLA for the first time since 2008. Since the 2012-2014 negotiations, COLAs and salary adjustments have been a regular part of the tentative agreements on the part of the City with the most recent 3% COLA effective, July 1, 2018.

Copies of the current MOU’s and employee Benefits plans are available on the city’s website: http://novato.org/government/human-resources/collective-bargaining-agreements-cbas

SCOPE OF SERVICES TO BE PROVIDED

The selected firm will be expected to provide the services identified within this section, and other labor negotiation related services. The categories listed represent the minimum services expected to be provided to the City of Novato during the performance and duration of this

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http://novato.org/government/human-resources/collective-bargaining-agreements-cbas

agreement. Respondents to this RFP shall identify and clearly list and describe any other related services they will provide as part of this agreement:

Consultant will work directly with the City’s primary contacts (City Manager and Assistant City Manager), who will be managing the 2018-2019 Labor Negotiations, and other city representatives, as directed by the city’s primary contact.

“Basic Level of Services”: 1. Assist in developing a labor negotiations schedule for city staff2. Review and revise existing MOUs language to identify conflicts with existing City

policy and/or recommendations for the development and adoption of new or revisedrelevant policies

3. Strategize, advise, lead and represent the City as its chief labor negotiator innegotiations regarding the current Memorandum of Understanding between the Cityand each Unit’s representative union

4. Participate in meet and confer sessions & consult on mandatory topics of bargainingand impacts with city staff and/or unions

5. Assist in the preparation, strategize, provide advice, and lead the City in meet andconfer sessions with the Unions

6. Consult with the City Manager, Assistant City Manager, and Human ResourcesManager

7. Review all materials submitted by the Unions and assist in the preparation on anyresponses to union materials or questions

8. Provide written documentation of all findings throughout the labor negotiationprocess to city staff

9. Provide debriefing for the City Manager, Assistant City Manager, Human ResourcesManager and City Council (as needed) on the status of contract negotiations.

10. Advise and represent the City in fact finding sessions, as necessary11. Prepare and write new M.O.U.’s12. Perform review of current M.O.U.’s to identify inconsistencies with city personnel

and administrative rules and policies and any state or federal laws13. Perform a review of the current M.O.U.’s to determine any vague or ambiguous

language and identify areas within the M.O.U. that should be re-evaluated orrenegotiated in the interests of the City

Proposers should take note that the above categorization and task identifications are not a prescribed labor negotiation process. It is expected that proposals submitted contain a detailed description of the proposed labor negotiation strategy.

RFP SUBMITTAL REQUIREMENTS

Please prepare your proposal in accordance with the following requirements.

Proposal: The proposal shall not exceed a total of 25 double-spaced, 8.5” x 11” pages. Resumes for all key members of the team should be included in the proposal. Five (5) hard copies (one signed Original) and one electronic copy of the proposal shall be submitted. The 25-page limit does not count towards or include binding, spacing tabs, cover pages or resumes.

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1. Transmittal Letter: The proposal shall be transmitted with a cover letter describing thefirm’s/team’s interest, work experience with Police Labor groups, SEIU, and any otherpertinent public agency labor union and commitment to the project. The letter shall statethat the proposal shall be valid for a 90-day period and should include the name, title,address and telephone number of the individual to whom correspondence and othercontacts should be directed during the consultant selection process. The personauthorized by the firm/team to negotiate a contract with shall sign the cover letter.

2. Firm/Team Overview. Provide a brief firm overview of prime (lead) consultant(s) andsub consultants, as necessary. Overview to include information on staff in firm(s) andthe types of services provided. Provide information on where services are anticipated tobe performed for this proposal.

References: Provide at least three (3) references (company name, contact name, mailingaddress, email address and phone number) from within the last five (5) years similar tothe services being requested and identified within this RFP. Include a brief descriptionof each project associated with the reference, and the role of the respective team member.

Fee Proposal: A fee schedule proposal must be included in your proposal, includinghourly rates, task/project costs and total project (budget) costs

3. Professional Services Contract: Indicate your willingness to accept the terms andconditions of the sample contract, including your ability to comply with insurancerequirements, or list those to which you take exception, and, as appropriate, provideproposed alternate wording. Failure to note any exceptions to the terms and conditionsin the sample contract will be deemed a waiver of any objection. Note that it ispermissible to make substantial changes to sample contract.

RFP Submittal Procedure

The RFP shall be submitted in accordance with the following requirements:

1. Submit one original signed copy, plus five (5) photocopies.2. The proposal shall be addressed to:

City of Novato Administrative Services Department Attn: Michael L. Antwine II, Assistant City Manager 922 Machin Avenue Novato, CA 94945

3. The RFP shall be dispatched in order to be received at the above address no later than,Friday, September 21, 2018 by 5:00 p.m. Late submittals will not be accepted.

4. The City will notify respondents of its selection, or selection for interview, in writing andwill schedule Interviews based on availability.

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5. Any questions pertaining to this RFP should be submitted in writing and sent to thefollowing city representatives:

Michael L. Antwine II, Assistant City Manager [email protected]

Bryan Lopez, Management Analyst Administrative Services Department [email protected] 415-899-8923

RFP Evaluation and Award Procedure

The City will evaluate all submittals and select a firm based on the City’s needs. Once the top firm has been determined, staff will enter into contract negotiations with that firm. If contract negotiations are not successful or if no one firm contains the qualifications to negotiate with all Units, the remaining firms may be asked to negotiate a contract. Staff will submit a recommendation to the City Council to approve an agreement with said firm. Work related to the scope of works identified within the proposal or agreement may be initiated with a Notice to Proceed (NTP).

Evaluation Criteria

All proposals will be evaluated based on the following items, but not limited. The City reserves the right to reject any or all proposals at its discretion:

1. Meeting the minimum RFP requirements2. Demonstrated Success: Does the proposer demonstrate that it has the appropriate

experience and expertise in conducting successful labor negotiations similar to thosethat will be performed for each Unit of the City?

3. Understanding of the City’s goals: Based on any information provided by the Cityand the firm’s independent research.

4. Understands the rules and regulations applicable to public entities in conducting labornegotiations? Is the proposer aware of the limited resources of the City and obligationof the City to minimize costs while at the same time achieving optimum results?

5. Staff: Do the qualifications for key personnel to be assigned to working on the City’snegotiations coincide with the City’s requirements? Does the firm’s organizationalstructure show sufficient depth for the required work?

6. Familiarity with Locality: Does the firm have familiarity with the City, Marin, Napaor Sonoma County Labor groups and environment; experience negotiating withmultiple Unions in the City? Does the firm have specific experience negotiating withPolice unions?

7. Specific Management Approach: How does the firm intend to achieve the City’sgoals and objectives, while staying within the City’s budget in conducting a labornegotiation? How will the firm apply its management techniques and resources?

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mailto:[email protected]


8. Reputation: Are the firm’s references from past clients and associates favorable; and,does the firm show financial and operational stability?

1. Conflicts of Interest. The respondent shall disclose any currently known or potentialconflicts of interest with the City of Novato. The proposers signature affixed to and dated onthe cover letter shall constitute a certification, under penalty of perjury under the laws of theState of California, that the proposer declares that the proposer is not currently and will notduring the performance of any services for participate in any other work involving a thirdparty with interests currently in conflict or likely to be in conflict with interests withoutapproval.

2. Amendments to RFP. The City of Novato reserves the right to amend or cancel this RFPby addendum before the final submittal due date. Revisions to the RFP shall be posted onthe web page at least one full business day prior to the deadline for submittal of responses.It is the responsibility of each proposer to check the CITY web site for any revisions relatedto this RFP. The proposers shall each confirm in the transmittal letter of its response thereceipt of all addenda issued to this RFP.

3. Non-commitment of. This RFP does not commit to award a contract, to pay any costsincurred in the preparation of a response to this request, or to procure or contract for services.

4. Confidentiality. Before award of the contract, all responses to this RFP will be designatedconfidential to the extent permitted by the California Public Records Act. After award of thecontract (or if not awarded, after rejection of all responses) all responses will be regarded aspublic records and will be subject to review by the public. Any language purporting to renderall or portions of the responses confidential will be regarded as non-effective and will bedisregarded.

RFP SCHEDULE

August 21, 2018 RFP Release Date September 7, 2018 Questions due (via e-mail) September 14, 2018 City responses to questions e-mailed to all proposers September 21, 2018 Proposals due TBD Respondents notified of possible interview TBD Interviews potentially conducted October 2018 Notice of Intent to Award sent via e-mail and award letter

Nondiscrimination: It is the City of Novato’s policy to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its programs and activities.

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Response to City of Novato

Labor Relations/Negotiator Support Services

October 8, 2018

Submitted by:

Primary Contact: Jonathan V. Holtzman

Renne Public Law Group 350 Sansome Street | Suite 300

San Francisco, CA 94104 Telephone: (415) 848-7235

Attachment 2 G-9.2

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i Response to Labor Relations/Negotiator Support Services October 8, 2018 City of Novato

TABLE OF CONTENTS

Transmittal Letter .......................................................................................................................... 1

FIRM/TEAM OVERVIEW ............................................................................................................ 5

I. Firm ..................................................................................................................................... 5

II. Team ................................................................................................................................... 6

A. Jonathan V. Holtzman ................................................................................................. 6

B. Bruce Rudd ................................................................................................................... 8

C. Barry Schimmel .......................................................................................................... 10

D. Janice Koch ................................................................................................................. 11

REFERENCES ............................................................................................................................. 13

1. City of Fresno ............................................................................................................. 13

2. San Francisco Housing Authority ............................................................................... 14

3. City of Santa Rosa ...................................................................................................... 15

FEE PROPOSAL .......................................................................................................................... 16

PROFESSIONAL SERVICES CONTRACT ............................................................................... 17

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1 Response to Labor Relations/Negotiator Support Services October 8, 2018 City of Novato

Jonathan V. Holtzman (415)848-7235

[email protected]

October 8, 2018

City of Novato Administrative Services Department Attn: Michael L. Antwine II, Assistant City Manager 922 Machin Avenue Novato, CA 94945

Re: Proposal in Response to the City of Novato RFP for Labor Relations Services/Negotiator Support Services

Dear Mr. Antwine:

Renne Public Law Group® LLP (“RPLG”) is pleased to submit this proposal to provide

labor relations services/negotiator support services to the City of Novato (“City”).

RPLG is a new firm combining the efforts of many public-sector attorneys who are familiar

faces both in the Bay Area and throughout California. The firm emerges from the former Renne

Sloan Holtzman Sakai LLP, Public Law Group, which was founded by Former San Francisco City

Attorney Louise Renne and her former Chief Deputy, Jon Holtzman. RPLG represents public

agencies in the areas of government law, labor law, labor negotiations, ethics, elections law,

employment advice and litigation, non-profit law, public policy, complex litigation, and public-

interest litigation and investigations.

RPLG’s labor and employment practice is comprised of highly experienced attorneys

including Jon Holtzman, Art Hartinger, Linda Ross, and Spencer Wilson. Additionally, we work

with non-attorney consultants and operate a management consulting group, RPLG Solutions. In

this proposal, we offer the services of Jonathan Holtzman, Bruce Rudd, Barry Schimmel, and

Janice Koch.

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As our lead negotiator, we are proposing the services of Jon Holtzman, who served as San

Francisco’s chief negotiator for fifteen years, which include tables such as SEIU. A veteran of

hundreds of labor negotiations (see Attachment 1), Mr. Holtzman focuses on structural reforms

and negotiations for cities with constrained finances. In addition to his negotiating experience, he

is an expert on pensions and OPEB issues, having litigated many of the leading cases on these

issues at the state level. Mr. Holtzman is also an expert in mediation, factfinding, and interest

arbitration.

Bruce Rudd recently retired from his tenure as the City Manager for the City of Fresno.

Mr. Rudd began his service in Fresno as a bus mechanic and worked his way up to City Manager

over the course of 37 years. Mr. Rudd is a former labor leader, chief bargaining negotiator, and

supervisor of labor relations citywide. His talent with labor groups and knowledge of financial

issues affecting cities is unparalleled in the industry.

Barry Schimmel has been on the frontlines of labor and management relations for over 30

years, 25 of which he spent at TWA as a Flight Service Manager and Union Officer and advocate.

During the tumultuous airline deregulation years, he divided his time between New York/New

Jersey and TWA’s headquarters in St. Louis, Missouri. After nearly three decades in the airline

industry, Barry began working for the newly merged Screen Actors Guild/American Federation of

Television and Radio Artists (SAG-AFTRA) as a Business and Broadcast Representative handling

various contracts. Barry brings a pragmatic, no-nonsense perspective to the practice of Labor

Negotiations which focuses on finding common ground and practical solutions to the process of

resolving disputes and negotiating Collective Bargaining Agreements.

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Janice Koch has over 25 years of experience both as a Human Resources Analyst and

Manager and as a consultant. She has been certified as an expert witness in classification and

compensation and has extensive experience in developing and implementing recruitments,

providing training for staff and administrators, developing policies and procedures, providing

consult in contract negotiations, resolving grievances, supporting managers regarding employee

disciplinary matters, and participating in organizational planning. She brings a wealth of

experience from her posts as a Human Resources professional for Sacramento County, the City of

Napa, the City of Vacaville, and Solano County, and as the Human Resources Manager for the

Town of Corte Madera.

Staffing of each table with attorneys and consultants is subject to discussion. The RPLG

team also includes analysts and other HR and labor professionals, who are available for this project

as needed. Our non-attorney services include financial consulting, costing, comparability work,

and human resources advice. We are ready and able to commit to making Jonathan Holtzman

available for Police and SEIU if desired, and Janice Koch is available for research, comparability,

and proposal-drafting services as needed.

This proposal shall be valid for a 90-day period, and I will be our firm’s point of contact.

My contact information is:

Jonathan V. Holtzman

Renne Public Law Group® LLP

350 Sansome Street, Suite 300

San Francisco, CA 94104

t: 415.848.7235 f: 415.848.7230

[email protected]

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We understand the scope of services required, and we affirm our commitment to perform

the services and accomplish City goals if selected. We look forward to the City’s consideration of

our firm for such services.

Sincerely,

Jonathan V. Holtzman

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FIRM/TEAM OVERVIEW

I. Firm

RPLG attorneys have represented cities on cutting edge issues, including declarations of

fiscal emergency, bankruptcy under Chapter 9, the first-ever labor-related AB 506 proceedings,

ballot-related negotiations and litigation (focused primarily on issues of pension reform and charter

interest arbitration), pension reform, OPEB reduction efforts, public-private partnerships, civil

service reform, project labor agreements, and the creation of JPAs. While our expertise is often

called in to manage changes during times of fiscal and political pressure, we believe strongly in

the value of positive labor relationships, and our attorneys have successfully reached agreements

with labor organizations under the most difficult circumstances.

While our attorneys are courageous in their approach to labor negotiations and zealous in

pursuing their clients’ goals, they are also known to most labor unions as fair-minded. Ultimately,

labor negotiations are not effective if one party feels that the negotiator on the opposite side of the

table is not listening. Credibility is essential and an open attitude is critical.

Our approach to negotiations is flexible. We specialize in fact-based bargaining and

believe strongly in the presentation of high-quality factual materials. Providing concrete facts

often focuses the bargaining table and diminishes conflict. Our approach is discussed at length in

the attached article, “10 Tips for Bargaining Big Change” (see Attachment 2).

While the proceedings at the negotiating table are important, seamless communication with

the client and its policy makers is equally critical to success. Every city has the ability to achieve

its goals through negotiation, but only if its policymakers are aligned, informed, and prepared.

Labor negotiators must faithfully convey what they hear at the table to policymakers. They must

maintain the same position with policymakers and at the table. They must be scrupulously honest

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and cannot hide the ball from the unions or the client. We have found that this calm, direct

approach to negotiations often leads to improved labor relations in the wake of negotiations, even

if the negotiations themselves are difficult.

RPLG attorneys also have extensive experience in impasse resolution processes, including

mediation, fact-finding, interest arbitration, and unilateral implementation. We are committed to

voluntary settlement consistent with employer goals and have often been able to reach settlements

during the mediation phase of the factfinding process.

II. Team

A. Jonathan V. Holtzman

Although we work as a team, providing a network of legal and consulting support for

our public sector clients across all of our practice areas, we are pleased to propose founding

partner Jonathan V. Holtzman as the lead negotiator to the City. We affirm that we have a

sufficient number of qualified attorneys, paralegals, law clerks, and other personnel resources

to support Mr. Holtzman as necessary.

We further affirm that Mr. Holtzman is licensed to practice law in California and is in good

standing with the State Bar of California.

In his private practice at RPLG and its predecessor, Renne Sloan Holtzman Sakai LLP, Mr.

Holtzman has focused largely on labor union negotiations for large and mid-size California cities

including Fresno, Oakland, Santa Rosa, Oxnard, Modesto, and Newport Beach. These cities vary

greatly in their sizes, needs, political leanings, and structure, and Mr. Holtzman has been able to

negotiate on each city’s behalf to the city’s satisfaction.

Prior to entering private practice, Mr. Holtzman served as Director of Labor and Policy in

the Office of San Francisco Mayor Willie L. Brown, Jr. His duties included serving as the Mayor's

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chief labor negotiator. As a senior advisor to the Mayor, Mr. Holtzman oversaw the management

of city employment and benefits issues and helped craft major policy initiatives including the

City’s living wage law, civil service reforms, and criminal justice initiatives.

Before working directly for Mayor Brown, Mr. Holtzman was San Francisco’s Chief

Deputy City Attorney. Prior to his appointment as Chief Deputy City Attorney, Mr. Holtzman

was San Francisco’s chief labor and employment attorney. In that role he served as chief

negotiator in labor negotiations and interest arbitration with the City’s 47 unions and acted as lead

counsel in lawsuits, writs, class actions, and appeals involving all facets of labor and employment

law. Mr. Holtzman managed the City’s transition to collective bargaining and interest arbitration

and drafted attendant charter and civil service reform measures. On behalf of three mayoral

administrations and numerous boards of supervisors, he also authored and negotiated more than a

dozen labor-related charter amendments adopted by the voters.

Mr. Holtzman has been extensively involved in efforts to improve government

effectiveness. He negotiated and drafted a 1999 ballot measure reforming the governance of San

Francisco’s municipal transit system and making it a quasi-independent agency, and Proposition

G, which overhauled MUNI’s system of negotiation with unions. He also drafted a 2002 ballot

measure enhancing the authority of the San Francisco Public Utilities Commission, and a 2003

ballot measure requiring the City Controller to conduct “benchmarking” studies of City services,

as well as performance audits to improve government effectiveness.

Before joining the San Francisco City Attorney’s Office, Mr. Holtzman was an associate

at Morrison & Foerster, where he focused primarily on employment class actions. Upon

graduation from Stanford Law School, he clerked for California Supreme Court Associate Justice

Otto Kaus for two years (see Attachment 3 for detailed bio).

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B. Bruce Rudd

Mr. Rudd has recently retired from his post at the City of Fresno, a city of over 500,000,

after 42 years of public service that culminated with his appointment by Mayor Ashley Swearengin

to the position of City Manager in June 2013. Mr. Rudd started his career with the City of Fresno

as a bus mechanic and climbed the ranks of the City’s Transit Department (Fresno Area Express)

to become the Director of Transportation in 1998. Mr. Rudd was then asked to join the City of

Fresno’s Manager’s Office in 2005 as an Assistant City Manager. Since then, he has also served

as the City of Fresno’s Director of Information Services/Chief Information Officer as well as

Director of Parks and Recreation while still holding the position of either Assistant City Manager

or City Manager. During and after the “Great Recession,” Mr. Rudd simultaneously held the

positions of City Manager, Director of Transportation, and Director of Parks and Recreation.

As Fresno City Manager, Mr. Rudd worked closely with the Mayor, Fresno’s City Council,

and other stakeholders in developing and implementing initiatives and strategies needed to address

the financial impacts created by the “Great Recession.” These impacts were further compounded

by prior fiscal practices and decisions which were not sustainable. At the time of his appointment

as City Manager, there was a strong belief that Fresno was destined for bankruptcy.

Since then, the City of Fresno has restored service levels in most cases to pre-recession

levels, establishing a goal of a 10% operating reserve for the City’s General Fund and a 25%

operating reserve for all “enterprise” departments (e.g., Utilities, Transit, Airports). The enterprise

department reserves are now fully funded, and capital/depreciation accounts are also being

established. Based on current estimates, the goal of a 10% General Fund reserve will be achieved

within the next two years.

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During this time Fresno also experienced a significant increase in its bond rating from

BBB- to A+ by Standard and Poor’s. This improvement was due to the overall improvement in

the City of Fresno’s financial health and the fact that Fresno is one of only a few public entities in

the entire country with retirement systems (general employee and public safety) that are fully

funded. Both Moody’s and Fitch issued similar rating upgrades. The boost in its bond ratings

allowed for a restructuring of existing debt, which was used to reduce ongoing debt service

expenses without extending the term of these liabilities. According to former City Councilmember

and now Mayor Lee Brand, “Fresno would not be in the robust financial situation it is, without the

tireless dedication of former City Manager Bruce Rudd.”

As the City Manager of the fifth largest city in California, Mr. Rudd has been involved in

negotiating a variety of agreements that range from new fulfillment centers being built for Amazon

and Ulta to the relocation of a rendering plant located in one of Fresno’s poorer neighborhoods.

In regard to labor relations, Mr. Rudd processes a unique perspective due to the fact that early on

in his career he helped to negotiate collective bargaining agreements on behalf of a union

representing blue collar employees. His ability to effectively communicate and negotiate with

members of both management and labor was recognized by Fresno leaders. Upon being promoted

to a management position, Mr. Rudd was asked to serve and lead labor negotiations with a number

of employee groups on behalf of the City of Fresno.

The ability to successfully address many of the fiscal challenges facing the City of Fresno

could not have been possible without the long and productive relationship that Mr. Rudd had

cultivated with the majority of the City of Fresno’s labor leaders, including both Police and Fire

unions. His history of working collaboratively with many of Fresno’s labor representatives played

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a key role when it came time to negotiate successor labor agreements that included significant

changes in concessions.

As a former City Manager, Mr. Rudd thoroughly understands and appreciates the

importance of providing fair and equitable compensation but is also keenly aware of how these

expenses directly impact an agency’s ability to also provide essential public services to residents

that it serves (see Attachment 4 for detailed bio).

C. Barry Schimmel

Barry has been on the front lines of labor and management relations for over 30 years.

Barry grew up in Southern California and after he attended California State University, Long

Beach, he moved to New York City where he began his career at Trans World Airlines

(TWA). Barry spent nearly 25 years at TWA as a Flight Service Manager and Union Officer and

advocate. He served as the JFK Base Rep from 1990–1993 and then as Secretary/Treasurer of the

6500-member Independent Federation of Flight Attendants (IFFA). During the tumultuous airline

deregulation years, he divided his time between New York/New Jersey and TWA’s HQ in St.

Louis, Missouri.

In 1998, he joined the Airline Division of the International Brotherhood of Teamsters

where he represented and negotiated multiple Contracts under the Railway Labor Act on behalf of

Pilots, Mechanics, Customer Service Agents, and Flight Attendants at several regional airlines.

After nearly 3 decades in the airline industry, Barry returned to California and began

working for the newly merged Screen Actors Guild/American Federation of Television and Radio

Artists (SAG-AFTRA) as a Business and Broadcast Representative handling various contracts,

including the Network Television Code, Sound Recording Agreement, New Media, and Cable

Agreements as well as various local Broadcast Agreements at Bay Area TV and Radio Stations

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including, KGO-TV, KRON4, KTVU, KOIT-FM, KISQ-FM, KQED-TV, KQED-FM, and several

others.

Barry brings a pragmatic, no-nonsense perspective to the practice of Labor Negotiations

which focuses on finding common ground and practical solutions to the process of resolving

disputes and negotiating Collective Bargaining Agreements (see Attachment 5 for detailed bio).

D. Janice Koch

Ms. Koch has over 25 years of experience both as a Human Resources Analyst and

Manager and as a consultant. She has been certified as an expert witness in classification and

compensation matters and has extensive experience developing and implementing recruitments,

providing training for staff and administrators, developing policies and procedures, consulting in

contract negotiations, resolving grievances, supporting managers regarding employee disciplinary

matters, and participating in organizational planning.

Some of Ms. Koch’s recent accomplishments include:

Serving as the Human Resources Manager for a public agency, determining and

addressing all Human Resources needs.

Acting as a Senior Human Resources Analyst responsible for providing all aspects of

Human Resources and Employee Relations support for Mental Health, Substance

Abuse and Public Health services for a County government.

Providing primary Human Resources support for City Departments including Fire,

Housing and Redevelopment, and Water/Wastewater Treatment and as needed

support for Public Works, Parks and Recreation, Administrative Services,

Community Development and Police Departments.

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Developing and providing training in Harassment-Free Workplace, the Affordable

Care Act, Performance Evaluations, Disciplinary Procedures, Foundations of

Customer Service, etc.

Developing Human Resources policies and procedures and employee handbooks.

Coordinating an employee recognition program.

Writing staff reports and resolutions to go before City Councils and Boards of

Supervisors.

Managing and participating in classification and compensation studies.

Conducting comparability studies for a variety of public agencies in California and

nationally (see Attachment 6 for detailed bio).

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REFERENCES

1. City of Fresno

Agency Name: City of Fresno Contact: Kenneth Phillips, Labor Relations Manager Address: 2600 Fresno Street, Room 1030, Fresno, CA 93721 Phone: 559-621-6971 Email: [email protected]

Fresno has been in fiscal distress since the Great Recession, in part because the Central

Valley never fully recovered from the recession. Our initial negotiations were therefore

concessionary, even though the recession in much of California had ended. Through successive

negotiations, including, in one case, unilateral implementation, the City was able to control costs

and rebuild a modest reserve. The police department is also near full staffing. As in all of our

negotiations, we approached the negotiation by focusing on financial and other relevant

information and the attempt to resolve non-economic issues of importance to the unions. Although

our first negotiation led to unilateral implementation after the union rank and file refused to ratify

three successive TAs, and the second negotiation required the assistance of a mediator (Norm

Brand), the most recent negotiation was concluded in only seven sessions with no outside

intervention.

22


2. San Francisco Housing Authority

Agency Name: San Francisco Housing Authority Contact: Joaquin Torres, President Address: 1815 Egbert Ave., San Francisco, CA 94124 Phone: 415-554-7013 Email: [email protected]

When we took over the role of chief negotiator for the Housing Authority, negotiations

with the craft unions had been at a standstill for more than a year. Initially, the key issues were

the use of maintenance mechanics and economics because of SFHA’s difficult financial situation.

These issues were compounded when SFHA decided to participate in the RAD program, resulting

in control over more than half of SFHA properties shifting to non-profits, and related layoffs. Over

a period of two years, we were nonetheless able to reach agreements with all craft unions on RAD,

maintenance mechanics and successor MOUs. The negotiations have generally led to

collaborative relationships between SFHA and the craft unions.

23


3. City of Santa Rosa

Agency Name: City of Santa Rosa Contact: Gloria Hurtado, Deputy City Manager Address: 100 Santa Rosa Ave, Rm 10 | Santa Rosa, CA 95404 Phone: 707-543-3010 Email: [email protected]

We handled negotiations for all tables apart from Fire in 2016. Over the course of the year,

we achieved voluntary agreements with all bargaining units for a 2.5% wage increase. The

following year, we handled all tables including Fire and secured agreements with all miscellaneous

units for a 3% wage increase and an agreement with Police for a 3.5% increase offset by a 0.75

increase in pensions. Currently, we represent the City in interest arbitration with the Fire union.

We have also handled employment litigation issues and unfair practice charges for the City as

needed.

24


FEE PROPOSAL DISCOUNTED FEE SCHEDULE

EFFECTIVE THROUGH DECEMBER 31, 2018

Jonathan V. Holtzman:

$365

Bruce Rudd:

$295

Barry Schimmel: $250

Janice Koch:

$195

Analysts: $95 - $160 Rates will generally be increased annually on January 1 by the greater of 3% or the relevant area CPI increase

over the prior 12-month period, rounded to the nearest $5.

Base fee charged inclusive of all tasks identified in the Scope, RFQ Section 2.2.

We charge on an hourly basis. Costs per table will vary greatly based upon the groups we are assigned, the difficulty of the negotiation and whether the negotiation leads to mediation and/or arbitration. If we are assigned major tables, we will attempt to use lower cost attorneys or consultants on preparation work to reduce cost.

Average blended hourly rate for team members

Jonathan Holtzman: $365/hr Bruce Rudd: $295/hr Barry Schimmel: $250/hr Janice Koch: $195/hr Depending on the negotiations for which we are selected and staffing mix, we anticipate an average blended hourly rate of about $300.

Estimated Total Project Cost $10,000 - $15,000 per table *It should be noted that Police tables tend to be $15,000 – $20,000. Tables can be more depending on the difficulty of the table

25


PROFESSIONAL SERVICES CONTRACT

We are willing to accept the terms and conditions of the sample contract as long as the

following amendment is included in Section 6. The section should read as follows:

Section 6. INDEMNIFICATION AND FIRM’S RESPONSIBILITIES: Firm shall

indemnify, defend with counsel acceptable to City, and hold harmless City and its officers,

officials, employees, agents and volunteers from and against any and all liability, loss, damage,

claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of

litigation) (collectively, “Liability”) of every nature due to the negligence or misconduct of the

Firm or its failure to comply with any of its obligations contained in this Agreement, except to the

extent Liability caused or contributed to by the negligence or willful misconduct of the City.

26

List of RPLG Bargaining Table Over the Last 5 Years

BPOA Negotiations, City of Brisbane, CA, 2015 (Jon)

IAFF Negotiations, City of Brisbane, CA, 2016 (Jon)

CPOA Fact-Finding, City of Concord, CA, 2016 (Jon)

Teamsters Fact-Finding, City of Concord, CA, 2016 (Jon)

CFMEA Negotiations, City of Fresno, CA, 2013 (Jon)

IAFF Fire Basic Negotiations, City of Fresno, CA, 2013 (Jon)

Local 39 Negotiations, City of Fresno, CA, 2013 (Jon)

IAFF Fire Basic Negotiations, City of Fresno, CA, 2015 (Jon)

PLA, City of Fresno, CA, 2016 (Jon)

FPOA Negotiations, City of Fresno, CA, 2017 (Jon)

IAFF Fire Supervisory Unit, City of Fresno, CA, 2018 (Jon)

KPOA Negotiations, City of Kensington, CA, 2015 (Jon)

LPOA/ALE Negotiations, City of Livermore, CA, 2016 (Jon)

ALE (primary miscellaneous unit) Fact-Finding, City of Livermore, CA, 2017 (Jon)

MCFFA (Fire), City of Modesto, CA, 2015 (Jon)

Part-time EE, City of Newport Beach, CA, 2013 (Jon)

NBPMA (police management), City of Newport Beach, CA, 2014 (Jon)

LMA Negotiations (lifeguard management), City of Newport Beach, CA, 2014 (Jon)

OLA/ANBOL (lifeguards) Negotiations, City of Newport Beach, CA, 2014 (Jon)

NBPOA/NBPMA (police basic and management), City of Newport Beach, CA, 2014 (Jon)

PMA/LMA/ANBOL, City of Newport Beach, CA, 2015 (Jon)

SEIU and Local 21, City of Oakland, CA, 2013 (Jon)

OPOA, City of Oxnard, CA, 2016 (Jon)

IAFF Fact-Finding, City of Oxnard, CA, 2016 (Jon)

SEIU factfinding, City of San Benito, CA, 2013 (Jon)

SJPOA, Interest Arbitration, City of San Jose, CA, 2013 (Jon)

PLA Negotiations, City of Santa Clara Valley Transportation, CA, 2017 (Jon)

IAFF, City of Santa Rosa, CA, 2016 (Jon)

IAFF Local 1404 Negotiations, City of Santa Rosa, CA, 2017 (Jon)

SEIU/Teamster 856/SRPOA/SRCEA Negotiations (supervised), City of Santa Rosa, CA, 2017 (Jon)

Local 856 (mediation), San Francisco Zoological Society, CA, 2014 (Jon)

Crafts PLA Negotiations RAD, San Francisco Housing Authority, CA, 2014 (Jon)

Laborers 261 RAD, San Francisco Housing Authority, CA, 2014 (Jon)

Carpenters Negotiations, San Francisco Housing Authority, CA, 2015 (Jon)

Crafts Negotiations (all), San Francisco Housing Authority, CA, 2017 (Jon)

JML Negotiations, Sierra Club, CA, 2013 (Jon)

VPOA Fact-Finding, City of Vallejo, CA, 2013 (Jon)

IATSE/BAFA Local 119, Broadcast Technicians in the Bay Area, 2017 (Barry)

KTVU (Fox Owned and Operated), Newspersons, Writers [BDS], 2016 (Barry)

KRON4: Newspersons, Directors and Writers, 2015-2016 (Barry)

KQED-TV and KQED-FM: Newspersons, Hosts & Writers, 2014-2015 (Barry)

KBLX/KOIT (Entercom), On-Air Talent, 2012-2014 (Barry)

KGO-TV (abc™ Owned and Operated), Newspersons, Multi-media Journalists (MMJ), 2012-2015

(Barry)

KFSN-TV (abc™ Owned and Operated) Fresno, Newspersons, 2013-2016 (Barry)

KSEE-TV (Fresno), Newspersons, Directors and Writers, 2012-2015 (Barry)

Attachment 1 27

6 December 24, 2012

California Employment Law Letter

by Jonathan Holtzman

In preparing for a recent panel discussion, I had the opportunity to work with three of the lead-ing public-sector negotiators in northern California: Micki Callahan (formerly head of the state mediation service, now San Francisco’s HR director), LaWanna Preston (formerly SEIU Local 790’s political director, now Oakland’s labor relations director), and Alex Gurza (San Jose’s longtime head of labor relations, now deputy city manager). The tips below were de-veloped with their input. That said, any bad or contro-versial ideas are mine, and I am solely to blame.

1. �Develop an overall strategy to guide all as-pects of the negotiation.

• Develop and maintain organizational alignment. This includes your executive team, department heads, operational managers, finance, legal, HR, and of course elected officials. Be sure elected offi-cials know both the pros and the cons of every pro-posal. Provide options to elected officials along with a staff recommendation. Anticipate the level and nature of opposition to the plan, and be sure elected representatives believe the plan is worth the inevitable pain.- When bargaining major changes, both reach-

ing and maintaining alignment are particular challenges because big changes usually affect everyone in the organization, including your peers and even your superiors. Maintaining organizational alignment is also particularly difficult because such bargaining usually takes place over an extended period. As a result, facts and positions change, and flex-ibility in management’s position is frequently necessary.

• Make sure internal communications channels are firmly established before the bargaining begins. Inevitably, there will be dissenting voices when seeking major changes; make sure they are heard. Anticipate that elected officials will be lobbied, and assist them to understand the issues fully.

• Start with a comprehensive summary of the need for the change and analysis of the issue before proposals are even made at the table. The state-ment should be supported by verifiable facts. Outside expert reports are especially helpful. Make sure your “statement,” which may be in the form of a staff report, for example, is approved by

your governing body in public and conveyed to the union before bargaining.

• Be sure your plan can actually be accomplished. Consider operational problems. Consider how quickly change can reasonably be implemented.

• Gather all the facts before making your proposal. Have a complete cost analysis prepared at the outset, and be prepared to verify/validate union proposals. Do actuarial and comparability work ahead of time (when applicable).

2. Bargain early, and set reasonable deadlines.• Big change takes time to discuss fully. Start early

enough, and meet often enough that you can eas-ily show your good faith.

• If there are deadlines (e.g., ballot timing or bud-get), make them known at the outset and get buy-in if possible on a mutual goal to complete bargaining in time. Without deadlines, it is often especially difficult to wrap up negotiations over big changes.

• If there are no clear deadlines, attempt to set mu-tually agreed upon parameters for the process. For example, if no agreement is reached by a par-ticular date, both sides agree to mediation. How-ever, do not set arbitrary deadlines unilaterally.

3. Carefully consider opening proposals.• Choose your issues. The more issues you raise,

the more constituencies you challenge.• When bargaining for major changes, don’t over-

ask. It undermines credibility and provides an unwarranted opportunity to organize and rally opposition. It may also lead to a premature decla-ration of impasse.

• On the other hand, leave room for flexibility. Provide real opportunities for negotiation. Con-sider other viable options. Even if the goals don’t change, flexibility allows a solution to be crafted at the bargaining table.

4. Be especially mindful of internal equity issues.• Internal equity is almost always a bigger issue

than external comparability, especially when con-tracts expire at different times. When there is a lack of internal equity, do your best to understand and explain why—for example, changes in fi-nancial conditions between contracts or differing working conditions for certain groups. If you’re in

10 tips for bargaining big change

THE PUBLIC SECTOR

Attachment 2 28

California Employment Law Letter

December 24, 2012 7

the planning stages, consider whether you want all your contracts (or at least all miscellaneous ones) to expire at the same time.

• Consider “me, too” provisions and other confi-dence builders for early agreements. While dis-favored in typical negotiations, they aren’t neces-sarily a bad practice when major concessions aresought. They may also help the governing bodymake fair decisions in the future.

5. Develop and maintain credibility.

• Set a respectful tone at the table—always true butfrequently more challenging when bargainingmajor changes. Be transparent; don’t say differentthings to different constituencies. Be the expert;know the subject better than anyone in the room,whether it’s finance or benefits. Check every factyou are given—twice.

• Provide information as soon as you can—and asmuch as you can. But beware of “rabbit holes.”Some issues, such as actuarial assumptions, canbe debated unproductively but endlessly.

• Own the process. Set agendas. Draft language.Produce experts when needed and helpful.

• Never, ever lose your cool. This applies to all bar-gaining, but the risk of losing your cool is greaterwhen bargaining big change because personal at-tacks are inevitable.

• Be positive and self-confident. Be sure your goalsare well thought out, and be prepared to explainwhy. Know that you are fair (and show it).

6. Seek common ground on the facts andconsequences.

• It is very difficult to reach agreement on majorchanges if the parties don’t agree on the basic factsunderlying the proposed change. Try to reachsome consensus on the conditions that necessitatechange and that change is needed.

• The consequences of failure to reach an agree-ment should be very clear and specific. For ex-ample, have a “Plan B” budget that shows the cutsthat will be necessary if no agreement is reached.Consequences shouldn’t be threats, but an inevi-table bad outcome for all parties if an agreementisn’t reached.

7. Keep everyone motivated to reach agreement.

• Be sure you can demonstrate that an agreement ispreferable to impasse.

• Conversely, know what your governing body is re-ally willing to impose.

8. Beware of surprises from other sources withinthe agency.

• Complex negotiations typically take place in shift-ing sands. In particular, try to anticipate budgetrevisions, Comprehensive Annual Financial Re-port statements, new actuarial information, costlynew initiatives (unions sometimes will assert thatthe funding for such initiatives could have beenused to address the problem you are trying tosolve), and management raises or special benefits.Remember, good agency heads and politiciansare often optimistic in public; their comments canbe misconstrued.

9. Always keep your elected officials informed.• Provide updates before every council/board

meeting. Be especially careful not to omit issuesthe unions may raise with elected officials. Givean accurate flavor of the union’s comments at thetable. When appropriate, provide talking points.

• Take every opportunity to show the council/board you are fair-minded. Be clear: You areworking to present the governing body’s philoso-phy, not to promote your own views.

10. Take care of yourself.• Bargaining major changes is very hard person-

ally. Typically, you and your colleagues/cowork-ers and friends will be affected.

• Actively work on keeping your morale up. Al-ways remember why your proposals are in thepublic interest.

Bottom lineIncreasingly, local and state governments are

recognizing the need to bargain over major changes. Primarily, I’m referring to structural changes such as significant changes in pension, retiree or active employee medical, and other benefits. But it can also mean simply very large economic concessions—in the 10 percent-plus category, for example.

To a certain extent, all the accumulated wisdom about bargaining in any context applies to bargaining major changes: plan ahead, be flexible, develop credi-bility, be reliable, and so on. But when bargaining over major changes, the usual advice is harder to follow, the organizational strains are greater, and the conse-

quences of mistakes are direr. As Elvis Costello famously wrote, accidents will happen, but missteps when bargaining big change are best avoided.

The author can be reached at Renne Sloan Holtzman Sakai LLP in San Fran-cisco, [email protected]. $

29

Jonathan V. Holtzman Partner

CONTACT INFORMATION

t: 415.848.7235

[email protected]

350 Sansome Street, Suite 300 San Francisco, Ca 94104

PRACTICE AREAS Labor Relations & Labor Law

Employment Law & Litigation

Government Law & Litigation

BAR ADMISSION California

EDUCATION Stanford

School of Law, JD

Haverford College, BA

EXPERIENCE Jonathan (Jon) Holtzman is a founding partner of Renne Public Law Group, and was previously a founding partner of Renne Sloan Holtzman Sakai LLP. Since 2005 and every year since, Mr. Holtzman has been named a “Northern California Super Lawyer.” He frequently speaks and writes on matters pertaining to municipal

bankruptcy, ballot initiatives, interest arbitration, bargaining, fact finding, comparability, fiscal analysis for bargaining, and pension and retirement medical programs.

Mr. Holtzman’s practice focuses on assisting government agencies maintain and

expand public services through strategic consulting, negotiations, fact finding, arbitration and litigation. Mr. Holtzman specializes in addressing long-term structural issues relating to pensions, health benefits, retirement health benefits, civil service reform, and other means of attaining greater managerial discretion and effectiveness through collective bargaining and reorganization. He has experience in virtually all aspects of employment law and labor relations. His labor expertise encompasses negotiations, fact finding, mediation, grievance and interest arbitration, and litigation related to bargaining obligations.

Mr. Holtzman also practices government law, including general advice work, drafting ballot and other legislative measures and initiatives, litigating issues of constitutional and statutory interpretation, and electoral matters. He currently serves as District Counsel to the Moraga Orinda Fire District.

RELATED EXPERIENCE

Prior to entering private practice, Mr. Holtzman served as Director of Labor and Policy in the office of San Francisco Mayor Willie L. Brown, Jr. His duties included serving as the chief labor negotiator for the Mayor. As a senior advisor to the Mayor, Mr. Holtzman oversaw the management of city employment and benefits issues. He also helped craft major policy initiatives including the city’s living wage law, civil service reforms, and criminal justice initiatives.

Before working directly for Mayor Brown, Mr. Holtzman was San Francisco’s Chief Deputy City Attorney. He was a principal architect of the City Attorney’s nationally

recognized affirmative litigation program, which brought together groups of local government and non-profit plaintiffs to seek court-ordered reform of unfair business practices by energy producers, tobacco companies, national banks, gun manufacturers, auto insurers, and escrow companies. He also defended San Francisco’s affirmative action programs in a series of lawsuits arising under

Proposition 209, including San Francisco’s challenges to Proposition 209 in both

state and federal courts.

Before his appointment as Chief Deputy City Attorney, Mr. Holtzman was San Francisco’s chief labor and employment attorney. In that role he served as a chief

negotiator in labor negotiations and interest arbitration with the City’s 47 unions,

and acted as lead counsel in lawsuits, writs, class actions, and appeals involving

Attachment 3 30

all facets of labor and employment law. Mr. Holtzman managed the City’s transition to collective bargaining and interest arbitration and drafted attendant charter and civil service reform measures. On behalf of three mayoral administrations and numerous boards of supervisors, he authored and negotiated more than a dozen labor-related charter amendments adopted by the voters.

Mr. Holtzman has been extensively involved in efforts to improve government effectiveness. He negotiated and drafted a 1999 ballot measure reforming the governance of San Francisco’s municipal transit system and making it a quasi- independent agency, and Proposition G, which overhauled MUNI’s system of

negotiation with unions. He also drafted a 2002 ballot measure enhancing the authority of the San Francisco Public Utilities Commission, and a 2003 ballot measure requiring the City Controller to conduct “benchmarking” studies of City

services, as well as performance audits to improve government effectiveness.

Before joining the San Francisco City Attorney’s Office, Mr. Holtzman was an

associate at Morrison & Foerster for four years, focusing primarily on employment class actions. Upon graduation from Stanford Law School, he clerked for California Supreme Court Associate Justice Otto Kaus for two years. During law school he clerked for the Washington, D.C. Center for Law and Social Policy and for the Washington D.C. firm founded by former Defense Secretary Clark Clifford and disarmament negotiator Paul Warnke.

SELECTED PRESENTATIONS AND PUBLICATIONS

● Rutter Group: California Practice Guide, Public Sector Employment Litigation(2017)

● Declarations of Fiscal Emergency: A Resurging Option for Public EntitiesAttempting to Deal With The Current Economic Climate, California Public LawJournal, Vol. 34, No. 1, Winter 2011.

● Does Labor Law Prevent Voter Initiatives To Control Pensions? The ComingFight Between Core Democratic Principles and Traditional Labor Negotiationin the Public Sector, Bender’s California Labor & Employment Bulletin, Vol.2012, No. 10, October 2010.

REPRESENTATIVE PUBLISHED DECISIONS

● Fazio v. City and County of San Francisco, 125 F.3d 1238 (9th Cir. 1977),holding that assistant district attorney is a policymaker who can be dismisseddue to speech critical of the District Attorney.

● Stewart v. City and County of San Francisco, 834 F.Supp. 1223 (N.D.Cal.1993), first case to hold Department of Labor’s 1954 “salary basis test” invalidas applied to public employers, eliminating large FLSA liability.

● Service Employees International Union Local 102 v. County of San Diego, 60F.3d 1346 (9th Cir. 1994), adopting San Francisco’s argument that federal“salary basis test” cannot lawfully be applied to government employers.

● United Farm Workers of America v. Agricultural Labor Relations Board, 41Cal.App.4th 303 (1995), and a related case against San Francisco, holdingthat the California Table Grapes Council lacked authority to sue the union andthe City on behalf of growers.

● United Association of Journeymen v. City and County of San Francisco, 32Cal.App.4th 751 (1995), upholding $60 million wage freeze under SanFrancisco City Charter.

31

CONTACT INFORMATIONt: 415.848.7200

[email protected]


EDUCATION

University of Phoenix, BA

Bruce RuddSenior Consultant

EXPERIENCE

Mr. Rudd has recently retired from the City of Fresno, a city of over 500,000, after 42 year of public service that culminated with his appointment by Mayor Ashley Swearengin to the position of City Manager in June 2013. Bruce started his career with the City as a Bus Mechanic and climbed the ranks of the City’s Transit Department (Fresno Area Express) to become the Director of Transportation in 1998. Bruce was then asked to join the City Manager’s Office in 2005 as an Assistant City Manager. Since then, Bruce has also served as the City’s Director of Information Services/Chief Information Officer as well as Director of Parks and Recreation while still holding the position of either Assistant City Manager or City Manager. During and after the “Great Recession,” Bruce simultaneously held the positions of City Manager, Director of Transportation and Director of Parks and Recreation.

As Fresno City Manager, Bruce worked closely with the Mayor, the Fresno City Council, and other stakeholders in developing and implementing initiatives and strategies needed to address the financial impacts created by the “Great Recession.” These impacts were further compounded by prior fiscal practices and/or decisions that were not sustainable. At the time of his appointment as City Manager, there was a strong belief that Fresno was destined for bankruptcy.

Since then, the City of Fresno has restored service levels in most cases to pre-recession levels, established a goal of a 10% operating reserve for the City’s General Fund and a 25% operating reserve for all “enterprise” departments (e.g., Utilities, Transit, Airports). The enterprise department reserves are now fully funded and capital/depreciation accounts are also being established. Based on current estimates, the goal of a 10% General Fund reserve will be achieved within the next two years.

During this time Fresno also experienced a significant increase in its bond rating from BBB- to A+ by Standard and Poor’s, which was due to the overall improvement in the City’s finances and the fact that Fresno is one of only a few public agencies in the entire country with retirement systems (general employee and public safety) that are fully funded. Both Moody’s and Fitch issued similar rating upgrades. The improvements in its bond ratings allowed for a restructuring of existing debt, which was used to reduce ongoing debt service expenses without extending the term of these liabilities. According to former City Councilmember and now Mayor Lee Brand, “Fresno would not be in robust financial situation it is, without the tireless dedication of former City Manager Bruce Rudd, . . .”

As the City Manager of the fifth largest city in California, Bruce has been involved in negotiating a variety of agreements that range from new fulfillment centers being built by Amazon and Ulta to the relocation of a rendering plant located in one of Fresno’s poorer neighborhoods. In the labor relations area, Bruce processes a unique perspective due to the fact that early on in his career Bruce helped to negotiate collective bargaining agreements on behalf of the union representing

Attachment 4 32

blue collar employees. His ability to effectively communicate and negotiate with members of both management and labor was recognized by City leaders. Upon being promoted to a management position, Bruce was asked to serve and/or lead labor negotiations with a number of employee groups on behalf of the City.

The ability to successfully address many of fiscal challenges facing the City of Fresno could not have been possible without the long and productive relationship that Bruce had cultivated with the majority of the City’s labor leaders, including both Police and Fire unions. Bruce’s history of working collaboratively with many of the City’s labor representative played a key role when it came time to negotiate successor labor agreements that included significant changes concessions.

As a former City Manager, Bruce thoroughly understands and appreciates the importance of providing fair and equitable compensation but is also keenly aware of how these expenses directly impact an agency’s ability to also provide essential public services to residents that it serves.

STRENGTHS

• 42 years of public service, 20 of which were in executive level positions• Developed and administered annual budgets of more than $1 billion• Successfully worked with policy makers and other stakeholders to avoid

bankruptcy and to restore the City of Fresno’s finances, bond ratings, andessential public services

• Participated in or directed negotiations with all employee associations and• Participated in or directed negotiations with all employee associations

and unions• Thorough understanding of collective bargaining requirements as well

as the implications of various Federal or State laws (e.g., FMLA, ACA).• Ability to communicate and collaborate with policy makers and other

stakeholders to achieve positive outcomes• Understanding of the need to balance the needs of the community and

agency employees

33

CONTACT INFORMATION

t: 510.990.5880

[email protected]

15861 Bella Tierra Ct. San Leandro, CA 94578

EDUCATION

California State University at Long Beach, BA

Barry D. Schimmel Consultant

SUMMARY A seasoned Labor Relations Representative with broad experience in all facets of Union activities including but not limited to; Organizing (Internal and External), Communications, Negotiations, Contract enforcement through grievance filing, mediation, ADR and Arbitration. Successfully negotiated numerous Collective Bargaining Agreements (CBA) under both the NLRA and the RLA.

I encourage "best value" decision making and a collaborative team-based approach to labor/management interactions.

I practice and encourage others to embrace the concepts described in "The Four Agreements"

1) Be impeccable to your word. 2) Don't assume. 3) Don't take anythingpersonally. 4) Always do your best.

My passion is educating and mentoring members to achieve, through their Union, a progressive, high performing organization dedicated to empowering and supporting working people and the communities they live in.

EXPERIENCE

Business Representative-Bay Area Freelance Association/International Alliance of Theatrical and Stage Employees Local 119 February 2017-Present • Oakland, CA

• Administer, interpret and enforce the Collective Bargaining Agreement on behalf ofbroadcast technician members of BAFA/IA119

• Create, circulate agendas, and lead the weekly Executive Board Conference Calland follow-up as appropriate.

• Provide representation for members asserting their Weingarten Rights from theinitial investigatory meeting through the grievance filing, mediation and arbitrationprocedures as needed.

• Coordinated and arranged quarterly General Membership Meetings (GMM)• Establish/build relationships with clients seeking to engage and utilize the skills

and talents of BAFA/IA119 members.• Advocate on behalf of broadcast technician-members with multiple

employer/clients (e.g. Fox, CBS, NBC/Comcast, etc.) to secure expanded workopportunities, ensure fair treatment, proper compensation and job safety andsecurity.

Business and Broadcast Representative-Screen Actors Guild-American

Federation of Television and Radio Artists, AFL-CIO

September 2011 – January 2017 • San Francisco, CA

• Negotiate, administer, enforce and educate member-broadcasters at SAG-AFTRA represented television and radio stations in the SanFrancisco/Northern California Local’s jurisdiction.

• Lead Negotiator for the following successor Collective BargainingAgreements: KQED-FM (PBS), KQED-TV (PBS), KRON4, KFSN-TV30(abc™ O&O), KISQ- FM, KBLX/KOIT, KGO-TV (abc™ O&O), KTVU (FoxO&O) and others.

• Issue timely and relevant communication to Bargaining Unit members.• Conduct contract ratification votes.

Attachment 5 34


• Review, approve, prepare and distribute newly ratified successoragreements.

• Represent members subject to discipline/discharge, (i.e. Weingarten rights),mediate disputes between broadcasters and management.

• Build solid working relationships with the Station Management teams built oncandor, goodwill and pragmatism.

• Cultivate member-leaders and train Stewards at the various stations to“Educate, Engage and Empower ™” members in their workplace.

• Process, pursue, present, mediate, resolve grievances on behalf of membersresulting in thousands of dollars in upgrade and late penalties paid to affectedmembers

• Administer, enforce and assist other Staff and performer/members with issuesrelated to numerous SAG-AFTRA Contracts, including but not limited to: NationalCode of Fair Practice for Network Television, National Sound Recording Contract,Public Broadcasting Agreements, New Media and the Local Freelance Contractsfor Actors, Singers, Dancers, Stunt People, Broadcasters, etc.

International Representative - International Brotherhood of Teamsters

November 2005 - November 2010 • Airline Division

Business Agent/Airline Division - International Brotherhood of Teamsters

August 2000 - November 2010 • Local 135 - Indianapolis, Indiana January 1998 - July 2000 • Local 210 – New York, New York

• Organized, oversaw and managed all airline bargaining units within Local210/Local 135’s jurisdiction including, but not limited to: negotiation, contractcompliance, grievance and arbitration processes.

• Successfully chaired negotiating committees for Republic Airways Holding’ssubsidiaries including: Chautauqua, Shuttle America and Republic Airlines’Flight Attendants and Chautauqua’s Passenger and Fleet ServiceEmployees.

• As International Representative for the Teamsters Airline Division, I assistedmultiple other IBT Local Unions in negotiating CBAs, crafting membercommunications and implementing contract enforcement/ dispute resolutionsystems.

• Represented groups included: Pilots, Flight Attendants, Aircraft MaintenanceTechnicians, Passenger and Fleet Service Employees, Cargo Agents andBaggage Handlers/Sky Caps.

• Organized and Negotiated the initial CBA for the Marion County Sheriff’sDepartment (MCSD): 200+ Deputies and Corrections Officers

• An early adopter of Social Media platforms, I was responsible foroverseeing the creation, drafting, editing, layout and production ofmember communications including Facebook, Constant Contact™,

surveys and press releases.• Directed and managed 2 Full-time Business Agents, 2 Administrative

Assistants and 50+ Stewards across 8 airlines and MCSD.

35

Secretary-Treasurer/Executive Board Member - Independent Federation of

Flight Attendants (IFFA) at Trans World Airlines, Inc. (TWA) October 1992 –

January 1998 • St. Louis, Missouri

• Coordinated and oversaw all aspects of the organization’s financial andoperational affairs including administering $2+ Million annual budget, withoversight of all AP/AR functions, Payroll, Federal and multi-state taxcompliance, FEC compliance, DOL/LMRDA reports (e.g. Annual LM2Report), Form 5500, Form 990, ERISA compliance, etc.

• Demonstrated effective leadership and encouraged consensus decisionmaking and team-building concepts for setting and implementation of goalsand objectives.

• Served as co-leader for TWA Vision team, including drafting andcommunicating a departmental mission statement and defining a newcorporate culture.

• Negotiated and enforced collective bargaining agreements, strategized,prepared and participated in arbitrations and litigation.

• Worked with IFFA's legal and financial advisors and Executive Board in making"best value" decisions.

• Managed and collaborated with 8 IFFA administrative staff employees and24 field representatives for the benefit of TWA’s 6500 Flight Attendantmembers.

• Wrote, designed and produced numerous organizationcommunications, e.g. newsletters, periodicals, hotlines, videos, etc.

• Served as Trustee-Member of IFFA ESOP Plan Trustee and AdministrativeCommittees, and IFFA (401(K)) Investment Committee.

• Established a successful "Friends of Flight 800 Fund" (501(3c)) andhelped raise over $170,000 for the benefit of the children of TWAemployees killed on Flight 800.

• Co-wrote, produced and edited a series of eight training videos for fieldrepresentatives.

• Co-designed and administered a successful Perfect Attendance Bonusprogram that significantly reduced off-duty and improved both morale andoperational reliability.

Senior Account Executive/Licensed Commercial P&C Agent - The

Gandelman Agency

August 1987 – July 1989 • Lawrenceville, New Jersey

• Applied Risk Management concepts and analysis to advise clients about theirCommercial Property & Casualty coverage needs.

• Demonstrated consistent record of acquiring new clients while retainingexisting clients.

• Oversaw all aspects of $2.5 million "book" of business for the Agency.Maintained policy coverage records for 600+ clients, and maintained closepersonal contact with top 50% of client base.

ADDITIONAL EDUCATION

• Held New Jersey Real Estate License and Licenses in Life, Health,Commercial Property and Casualty Insurance and Surety Bonding

• Attended multiple LAI sponsored CE courses in Labor Relations, Dispute Resolutionand Arbitration, Interest Based Bargaining (IBB), National Labor Relations Act (NLRA)and Railway Labor Act (RLA), etc.

• Have attended numerous seminars & conferences on topics ranging from; ADA, FMLA,EEOC, ERISA, HIPPA, RLA, Worker’s Compensation, CFRA, etc.

36

CONTACT INFORMATION

t: 415.848.7200

[email protected]


EDUCATION

California State University, Sacramento MBA

University of California, Berkeley BA

Janice KochConsultant

EXPERIENCE Ms. Koch has over 25 years of experience both as a Human Resources Analyst and Manager and as a consultant. She has been certified as an expert witness in classification and compensation and has extensive experience in developing and implementing recruitments, providing training for staff and administrators, developing policies and procedures, providing consult in contract negotiations, resolving grievances, supporting managers regarding employee disciplinary matters, and participating in organizational planning.

Some of Ms. Koch’s recent accomplishments include:

• Serving as the Human Resources Manager for a public agency, determiningand addressing all Human Resources needs.

• Acting as a Senior Human Resources Analyst responsible for providing allaspects of Human Resources and Employee Relations support for MentalHealth, Substance Abuse and Public Health services for a Countygovernment.

• Providing primary Human Resources support for City Departments includingFire, Housing and Redevelopment, and Water/Wastewater Treatment andas needed support for Public Works, Parks and Recreation, AdministrativeServices, Community Development and Police Departments.

• Developing and providing training in Harassment-Free Workplace, theAffordable Care Act, Performance Evaluations, Disciplinary Procedures,Foundations of Customer Service, etc.

• Developing Human Resources policies and procedures and employeehandbooks.

• Coordinating an employee recognition program.

• Writing staff reports and resolutions to go before City Councils and Boards ofSupervisors.

• Managing and participating in classification and compensation studies.

• Conducting comparability studies for a variety of public agencies inCalifornia and nationally.

RELATED EXPERIENCE

Ms. Koch was employed as a Human Resources professional for Sacramento County, the City of Napa, the City of Vacaville, and Solano County and as the Human Resources Manager for the Town of Corte Madera. She has developed classification and compensation plans for non-profit organizations. She has also provided research and testimony for arbitration hearings, adjustment boards, Civil Service Commissions and City Councils and in relation to fact-finding for negotiation impasse procedures.

Attachment 6 37

G-9cms6ftp.visioninternet.com/novato/agendas/pdfstaffreports/cc112718_G-9.pdf · 6. Consult with...

Documents

Transcript of G-9cms6ftp.visioninternet.com/novato/agendas/pdfstaffreports/cc112718_G-9.pdf · 6. Consult with...