LOS ANGELES CITY ATTORNEYS' ASSOCIATION
MINUTES - MEMBERSHIP MEETING
Date: Thursday, January 26, 2012
Time: 12:00 p.m.
Location: LAPD Deaton Auditorium, 100 W. First St., L.A.
Present: Oscar Winslow (President), Howard M. Fuchs (1st Vice President), Mark Lambert (2nd Vice President), Garcelle Embry (Treasurer), Ann Rosenthal (Secretary, Chris Bobo (Proprietary Director), Marie McTeague (Civil Director), Amy Brothers (Criminal Director), Patrick Hiscocks (Criminal Director),Nick Karno (Criminal Director),
Onica Cole (Criminal Director), Lewis Levy (Attorney)
1) UPDATE ON LEGAL ACTIVITY FROM GENERAL COUNSEL.
Counsel discussed the decision of a recent case out of Orange County:
R.E.A.O.C. v. Orange County (2011) 52 Cal.4th 1171
Counsel is drafting a legal action on our behalf. The Board needs to decide whether to file a claim under 42 U.S.C. § 1983; whether to file a civil complaint; and/or whether to file a 1085 petition for writ of mandate.
The Board has served a demand under the Cal. Public Records Act, requesting various documents relating to the retiree medical subsidy. The return date for a response is Feb. 2, 2012. Counsel will notify the Board when he receives same.
The Board has filed a UERP alleging that Management has failed to meet and discuss decision to exempt certain members from furloughs. There is expected to be a hearing before an ERB Hearing Officer in late March / early April. ERB agreed to send the matter out for hearing. A firm date should be set next week.
The Board has filed a UERP relating to discriminatory access to the City Attorney's e-mail system and discipline of Board Member Rosenthal. Management has not responded to the Unfair - it was supposed to respond in December. Levy will put the matter back on the ERB Agenda.
A member asked how the board intends to address the declaration of fiscal emergency that the City continues to use as justification for furloughs and other impairments to the economic terms of employment. In that regard, he raised the case of S.C.O.P.E. v. County of Sonoma (1979) 23 Cal.3d 296, relating to a city's declaration of fiscal emergency. Counsel explained that further action on furloughs will depend on the C.A. Supreme Court's decision in the EAA case. Issue in that case: Whether imposition of furloughs during declaration of a fiscal emergency is arbitrable.
SEIU earlier filed an action on behalf of LACAA and others, relating to the unilateral imposition of furloughs in FY 2010-11 (26 furlough days). Since that time, SEIU agreed to dismiss the action on behalf of its members who had agreed to further concessions from the City. Accordingly, LACAA continued to handle the action on behalf of its own members alone. There has now been a stipulation entered with the City to suspend that action until the resolution of the EAA case before the Cal. Supreme Court (Case No. S192828). Upon the issuance of the Cal. Supreme Court decision, LACAA will have 60 days to re-file their Petition to Compel Arbitration.
2) UPDATE ON GENERAL ACTIVITY FROM THE BOARD
A letter has been sent to City officials notifying them of the Board's disaffiliation from SEIU and clarifying LACAA's long term status as the exclusive bargaining representative of Deputy C.A.s and Assistant C.A.s.
The Board President and other LACAA members have been meeting with political leaders, especially the new Councilperson for CD 15.
LACAA has been dealing with several personnel matters.
Brothers discussed what constitutes a "meeting" for purposes of establishing a quorum and being able to conduct Board business. E-mail voting can be conducted if all Board members unanimously agree on an action to be voted on. Otherwise, telephonic meetings and in-person meetings are acceptable methods by which to conduct Board business.
The following LACAA Committees will be posted on the LACAA Website, and if Members are interested in getting involved, they will be welcome to contact the Board.
** Political Action (PAC)
Assure compliance with laws and regulations relating to PAC activities; bring to the Board ways to advance LACAA through PAC activities
** Website / Elections
Ensure information is made available to members through the LACAA website; arrange and conduct elections
** Bylaws Committee
Draft amendments to the Bylaws
** Litigation Committee
Liaise between LACAA's Counsel and the Board; brief the Board on legal issues; assist Counsel in representing LACAA in legal matters.
** Bargaining Committee
Meet with Management and the CAO / Mayor for the purpose of setting wages and benefits in Memoranda of Understanding (MOUs); Bring to the Board and the Membership offers from Management and the CAO / Mayor
** PR / Media Committee
Communicate with different media outlets to advance the message and purposes of LACAA. Explore possibilities of hiring outside PR agencies to assist the Committee.
Meetings With Management
We will be resuming regular meetings with management, which were suspended at the end of last year. Management will be getting back to the Board with a date for the meeting, probably shortly after the Mid-year FSR is released by the CAO's office.