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Res 2008-097
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Res 2008-097
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Last modified
10/14/2008 3:42:44 PM
Creation date
7/9/2008 8:18:25 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2008-97
Date
7/1/2008
Volume Book
176
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• <br />• <br />in other police and fire departments; <br />• Discussion of relevant Texas case law; <br />• Discussion of a strategic plan for coordinating Council and management <br />issues to avoid splintered or by-pass (Association bargains with the <br />Council members directly) bargaining; and <br />• Exploration and discussion of bargaining styles and strategies including <br />interest-based bargaining in the context of the legal duties of all parties. <br />In addition to the consultation and meeting we held on May 15, 2008, we do not charge <br />for the "getting up to speed" necessary to review local civil service rules, ordinances, prior <br />litigation, and such matters. When I was City Attorney in San Antonio, I hated to pay outside <br />lawyers to learn what I and my staff already knew. For our initial bargaining team meeting to <br />prepare for negotiations, we will bill only for one lawyer even though the two lead lawyers <br />designated to handle the representation will both attend. <br />Our negotiation team approach is to designate two negotiators, and a third team lawyer <br />who has close familiarity with the issues and the draft agreement terms. This is consistent with <br />the usual Ground Rules in our negotiations for both sides. It also allows us to meet the <br />scheduling needs and expectations that you have, and that the Association will typically have. It <br />is important all of the time, but it is especially important when real bargaining momentum exists, <br />or when the lack of momentum is used to blame the City for not being committed to the process. <br />Christy Johnson is my Assistant, and she serves as the contract document coordinator to make <br />sure that we have a good negotiation history, and to finalize the document reflecting our <br />agreement to make sure that our deal is captured as agreed. <br />As the background material shows, both Mr. Pena and Ms. Provencio have extensive <br />Lead Negotiator experience, and very good skills in deal making and contract drafting. Mr. Pena <br />is involved in the wage and overtime compliance issues in all of our agreements; and his <br />extensive experience in contract arbitration which is essential to avoiding controversiesor <br />being prepared to prevail in them, once the deal is done. Ms. Provencio has completed Police <br />and Fire agreements for Abilene and Denton as the Lead Negotiator, and she has assisted me in <br />bargaining a number of other agreements. Charlie Zech is an experienced municipal lawyer and <br />former City Attorney in New Braunfels. He will be serving in an apprentice role, and will have <br />some involvement in negotiation as the process develops, but will work primarily proposals and <br />logistics. My role will be to consult and oversee the bargaining strategy with your key team <br />members, and to work with our team during the process. <br />Our rates are as follows: Lowell Denton (Partner) - $285 per hour; Albert Pena <br />(Associate) - $210 per hour; Elizabeth Provencio (Associate) - $185 per hour; Charles Zech <br />(Associate) - $185 per hour; and paralegals - $75 per hour. These rates are at or below market <br />rates for such services, and we will make sure that our time is used effectively. That is <br />important to us, as we fully understand your taxpayer's expectations for appropriate pricing and <br />efficient service. On that same note, our travel time/cost policy is as follows: <br />• We only bill for travel time that we cannot otherwise use (with cell phone, <br />portable dictation and wireless access, this limits the dead time cost <br />
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