April 1, 2025
Human Resources
DATE: April 1, 2025
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 Services Agreement with Boucher Law PC
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. (Human Resources Legal Services 01181016-
400206 and Risk Management Legal Service – Non-
General Fund 50182316-400206).
PREVIOUS COUNCIL
ACTION:
STATEMENT OF THE
ISSUE:
The City Council’s approval is needed to approve a legal services agreement to pay invoices for services rendered by employment attorneys that conducted confidential
personnel investigations and for ongoing services
through December 2025.
AGENDA
REPORT
April 1, 2025
RECOMMENDED ACTION:
APPROVE a legal services agreement with Boucher Law
P.C. for a term of November 1, 2021, through December
31, 2025, for a total amount not to exceed amount of
$125,000, for confidential personnel investigation matters – 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 spe cialized firms which have highly skilled employment law attorneys to conduct personnel investigations, such as Boucher Law PC.
The City Attorney’s Office and Human Resources Department are requesting a legal services agreement with Boucher Law PC (Boucher) . Boucher has experienced workplace investigators, and conducts investigations related to workplace misconduct, sexual harassment, discrimination, retaliation, theft, fraud, favoritism, misconduct, and abusive conduct. Boucher has previously conducted investigations for the City.
To date, the Human Resources Department has outstanding invoice s for approximately $101,000, which will pay for legal services through 2024.
The City Attorney's Office and the Human Resources Department are requesting approval of a legal services agreement with Boucher for a term of November 1, 2021, through December 31, 2025, for a total amount not to exceed $125,000. This will allow the City to pay outstanding invoices for services rendered by Boucher Law and for ongoing services through December 2025.
City staff recommends approval of the legal services agreement.
DOCUMENTS ATTACHED:
Attachment 1 – Proposed Legal Services Agreement