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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />APRIL 1, 2014 <br />TITLE: <br />APPROVE AGREEMENT FOR PERSONNEL BOARD <br />LEGAL ADVISOR SERVICES WITH ATKINSON, <br />ANDELSON, LOYA, RUUD & ROMO, A <br />PROFESSIONAL LAW CORPORATION <br />CITY MAN ER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on I" Reading <br />❑ Ordinance on 2ntl Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and the Clerk of the Council to approve an agreement with Atkinson, <br />Andelson, Loya, Ruud & Romo, A Professional Law Corporation, to act as the Legal Advisor to <br />the City of Santa Ana Personnel Board for three years in an amount not to exceed $40,000 per <br />year, subject to non - substantive changes approved by the City Manager and City Attorney. <br />DISCUSSION <br />The Personnel Board was created pursuant to Section 900 of the City Charter. Per Charter <br />Section 912, the Board is required to conduct appeals concerning disciplinary suspensions, <br />demotions or dismissals of any employee having permanent status. Under Charter Section 904, <br />each Board or Commission of the City shall prescribe rules and regulations concerning its <br />operations. <br />Pursuant to Section 904, on August 8, 1995, the Personnel Board adopted Resolution 95 -1 <br />adopting rules for its operation. Rule 8 of the Personnel Board's Procedural Rules provides that, <br />subject to authorization by the City Council, the Board may retain the services of an independent <br />attorney licensed by the State of California for the purpose of acting as the Board's Legal Advisor <br />with respect to disciplinary appeals. Appeal hearings before the Personnel Board are akin to <br />judicial trials with multiple complex issues including, but not limited to: issues involving due <br />process, civil procedure, evidence and Federal and State statutory and constitutional rights. In <br />that the Board is constituted by citizens who may have no legal education, knowledge or <br />background, a Legal Advisor is essential to the appropriate conduct of the appeal hearing. <br />In that the current legal advisor has held the position for in excess of 15 years, a Request for <br />Qualifications was recently published seeking proposals for the Legal Advisor role. A panel <br />consisting of representatives from the City's police and personnel departments, as well as the city <br />attorney's office reviewed the responses. Three candidates were selected. Additional questions <br />were posed to these candidates and the responses were reviewed by the panel. <br />25D -1 <br />