December 3, 2024
City Attorney's Office
DATE: December 3, 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 Amendment with Kramer
Workplace 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:
June 26, 2024
STATEMENT OF THE
ISSUE:
The City Council’s approval is needed to amend the term and payment limits of the legal services agreement with Kramer Workplace Investigations.
AGENDA
REPORT
December 3, 2024
RECOMMENDED ACTION:
APPROVE an amendment to the legal services
agreement with Kramer Workplace Investigations to
extend the term to June 30, 2026, and increase the
payment limit by $150,000 for a total amount not-to-
exceed $250,000– 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, which has highly skilled employment law attorneys to conduct personnel investigations. Kramer Workplace Investigations specializes 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 this firm will ensure the ongoing critical investigations and provide stability and consistency in the investigations process.
Several high-priority investigations are currently underway, and it is essential that these investigations continue to completion.
The City Attorney's Office and the Human Resources Department recommend approving the amendment to the legal services agreement with Kramer Workplace Investigations, to extend the term to June 30, 2026, and to increase the payment limit by $150,000 for a total not to exceed $250,000.
DOCUMENTS ATTACHED:
Attachment 1 – Kramer Workplace Investigations Legal Service Agreement (LSA) Attachment 2 – Kramer Workplace Investigations LSA Amendment 1 Attachment 3 - Kramer Workplace Investigations LSA Amendment 2 Attachment 4 - Kramer Workplace Investigations LSA Amendment 3 (Proposed)