June 25, 2024
City Attorney's Office
DATE: June 25, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Nickie Mastay, Deputy City Manager- Internal Services
Sharrone Taylor, Director of Human Resources
Subject:
Legal Service Agreement Amendments with Three Firms
to Perform Confidential Personnel Investigations
FINANCIAL IMPACT: These services are considered part of the program administration costs and accounted for in the Fiscal Year 2024-2025 Human Resources and Risk Management
budgets. The services are provided at an hourly rate so the actual amount could be less. (Human Resources
Legal Services 01181016-400206 and Risk Management
Legal Service – Non-General Fund 50182316-400206).
PREVIOUS COUNCIL
ACTION:
January 11, 2022
April 26, 2022
STATEMENT OF THE
ISSUE:
The City Council’s approval is needed to amend the
terms and payment limits of the legal services agreement with Kramer Workplace Investigations, Oppenheimer
Investigations, and Ellis Investigations for employment attorneys to conduct confidential personnel
investigations.
AGENDA
REPORT
June 25, 2024
RECOMMENDED ACTION:
APPROVE amendments to the legal services agreement
with Kramer Workplace Investigations, Oppenheimer
Investigations, and Ellis Investigations to extend the term to June 30, 2025, and increase the limit for an amount
not-to-exceed $100,000 for Kramer Workplace
Investigations, contract amount not-to-exceed $170,000
for Oppenheimer Investigations Group, and contract
amount not-to-exceed $200,000 for the Ellis
Investigations to conduct confidential personnel
investigations – City Attorney’s Office/Human Resources Department (Dave Aleshire/Shannon Moore/Nickie
Mastay/Sharrone Taylor 510-620-6600).
DISCUSSION:
The City is responsible for addressing complaints of discrimination, harassment, and retaliation by promptly conducting thorough and unbiased personnel investigations.
Additionally, the City investigates other workplace issues, including employee complaints, when necessary.
When an external personnel investigation is required, the City enlists the services of specialized firms such as Kramer Workplace Investigations, Oppenheimer Investigations Group, and Ellis Investigations, all of which have highly skilled employment law attorneys to conduct personnel investigations. These firms specialize in workplace investigations related to allegations of discrimination, harassment, retaliation, misconduct, and disciplinary matters. They have previously conducted investigations for the City and have proven satisfactory in their services. Continuing the working relationship with these firms will ensure the ongoing critical investigations and provide stability and consistency in the investigations process.
These firms responded to the Request for Proposals (RFP) sent out by the City Attorney's Office in 2018 and 2021 and are on the approved vendor list. The City Attorney's Office and the Human Resources Department is now requesting approval to extend the legal services agreements by an additional year and increase the limit to allow enough time to issue another RFP for confidential investigations. In addition, several high-priority investigations are currently underway, and it is essential that these investigations continue to completion.
RECOMMENDATION:
The City Attorney's Office and the Human Resources Department recommend approving the legal services agreements with Kramer Workplace Investigations, Oppenheimer Investigations Group, and Ellis Investigations for conducting confidential personnel investigations.
DOCUMENTS ATTACHED:
Attachment 1 – Kramer Workplace Investigations Legal Service Agreement
June 25, 2024
Attachment 2 – Kramer Workplace Investigations Legal Services Agreement Amendment 1
Attachment 3 - Kramer Workplace Investigations Legal Service Agreement Amendment 2 (Proposed)
Attachment 4 – Oppenheimer Investigations Group Legal Service Agreement Attachment 5 - Oppenheimer Investigations Group Legal Service Agreement Amendment 1
Attachment 6 – Oppenheimer Investigations Group Legal Service Agreement Amendment 2 (Proposed)
Attachment 7 – Ellis Investigations Legal Service Agreement Attachment 8- Ellis Investigations Legal Service Agreement Amendment 1 Attachment 9- Ellis Investigations Legal Service Agreement Amendment 2 Attachment 10- Ellis Investigations Legal Service Agreement Amendment 3 (Proposed)