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Minutes

LOS ANGELES CITY ATTORNEYS' ASSOCIATION

MINUTES - BOARD MEETING

Date: Wednesday, February 1, 2012
Time: 5:00 p.m.
Location: Employee Relations Board Room, 11th Floor CHE
Present: 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), Onica Cole (Criminal Director)

1) DISCUSSION RE FILING WRIT / LAWSUIT ON HEALTH SUBSIDY ISSUE

On January 13, 2012, EAA filed their lawsuit in state court against the City for imposition of the retiree medical subsidy cap.  The complaint is for damages and equitable relief, and it alleges impairment of vested contract rights, under both the federal and state constitutions.  We were advised that the complaint would be served later this week. 

There was discussion regarding the benefits and drawbacks of filing a Writ, as opposed to a Complaint, or a combination Writ & Complaint, and whether State Court or Federal Court would be the best forum for our action.   

2)  PROBLEMS WITH MEMBERS PAY AS IT RELATES TO THE G-WALL

It was brought to the Board's attention that members at the G-Wall (3, 4 and Asst) were not realizing the full value of their 2.75% salary adjustment in January, or their 2.25 COLA last July.  It was determined that this could be because the CAO was lumping the two 2.75% salary adjustments (January 2011 and January 2012) as a 5.5% "bonus" and it was not accounting for compounding.  In addition, the Board was informed at the end of 2011, after inquiry, that the step-differentials for E-F and F-G were "equalized" at 2.75% starting in July 2011.  Since this equalization actually turned out to be a decrease (most step increases were close to 3%), it resulted in a conflict between the salary schedules and the written language of the MOU which provided for a 2.25% COLA. 

The matter was discussed and the Board was in agreement that Rosenthal should draft a letter, requesting a correction from the CAO, and that affected Members should be compensated for the shortage in their salaries and paychecks.

3) FUNDING PAC ACCOUNTS

The Board has been advised that PAC accounts must be funded monthly, and in advance.  Thus, in order to adequately fund the PAC account, the number of races and the number of candidates for upcoming elections must be determined.  LACAA Members must also be given notice that they can opt-out of the PAC contributions, and the percentage of their contribution amount must be deducted from the monthly deposit into the PAC bank account. The Board was informed that the previous manner in which PAC account contributions and refunds were made was improper; that refunds issued to members could result in tax consequences.  The PAC Committee was asked to verify the PAC contribution procedure.

Calculations were done based on Board Members' knowledge of upcoming elections.  The amount to be contributed to the PAC account can be adjusted at any time throughout the year.

MOTION:  By Fuchs.  To fund the PAC account at $1,250.00 starting April 1st; that amount to be reduced based on the number of people who opt-out.  SECOND:  Cole.

In Favor: Fuchs, Lambert, Embry, Rosenthal, McTeague, Brothers, Hiscocks, Cole

Abstain: Bobo Motion passed.

MOTION: By Fuchs:; An e-mail to go out to all LACAA Members by March 1st explaining the PAC account and procedure notifying them of their right to opt-out of the contribution. SECOND: Cole.

In Favor:Fuchs, Lambert, Embry, Rosenthal, McTeague, Brothers, Hiscocks, Cole

Abstain: Bobo Motion passed.

4) BYLAW PROCEDURE FOR REPLACEMENT OF RESIGNING MEMBER

On January 26, 2012, Nick Karno, Criminal Director, submitted his resignation to the Board.  The LACAA Bylaws provide for three results when there is a vacant Board position:  Hold an election; appoint an interim director; and leave the position vacant.

Board members discussed the number of elections held over the last 12 months, the expense and time limitations of another election, and that the seat would be up for election again in November.

MOTION:  By Brothers:  To hold an election to replace Karno (Brothers volunteered to accept the responsibility of holding the election).   SECOND:  None. 

Motion did not pass.

MOTION:  By Hiscocks:  The Board should notify the membership that any interested members who wish to serve as interim director can provide a statement of interest.  Depending on the number of candidates, those interested will be allowed time to speak and express their interest at the next Board Meeting.  SECOND:  Bobo.

In favor:  Fuchs, Lambert, Embry, McTeague, Bobo, Hiscocks, Cole

Opposed:  Rosenthal, Brothers.

Motion passed.

MOTION:  By Lambert:  To fill the open Criminal Director seat by appointment.  SECOND:  Hiscocks.

In favor:  Fuchs, Lambert, Embry, McTeague, Bobo, Hiscocks, Cole

Opposed:  Rosenthal, Brothers.

Motion passed.

MOTION:  By Lambert:  Candidate statements are due one week before the next Board Meeting - by February 29th.  Members can appear at the March meeting in Van Nuys to speak.  SECOND:  Fuchs.

In favor:  Fuchs, Lambert, Embry, McTeague, Bobo, Hiscocks, Cole

Opposed:  Rosenthal, Brothers.

Motion passed.

4) REQUESTS FOR CONTRIBUTIONS

A discussion was held regarding how contributions to various charitable events and associations benefit the Membership and whether contributions to these events or activities are in compliance with the LACAA's Articles and Bylaws.  Past practice of the Board was also raised.  It was suggested that guidelines should be developed to assist the Board with future requests.

American Diabetes Association

By Hiscocks:  To purchase a table with an advertisement in the brochure ($5,000).  SECOND:  McTeague.

In favor:  Fuchs, Embry, Rosenthal, McTeague, Bobo, Brothers Hiscocks

Opposed:  Lambert, Cole                

Motion passed.

Black City Attorney's Association

By Bobo:  To contribute $500 to the BCAA Black History Month event in City Hall (all LACAA Members are invited) SECOND   Fuchs

In favor:  Fuchs, Embry, Rosenthal, McTeague, Bobo, Hiscocks

Opposed:  Lambert, Brothers

Recused:  Cole                                

Motion passed.

Latino City Attorney's Association
Officer Installation and fundraiser for the Latino Prosecutor's Foundation

By Bobo:  To contribute $500 to the LCAA Installation Event in City Hall (all LACAA Members are invited).  SECOND:  Fuchs

In favor:  Fuchs, Embry, Rosenthal, McTeague, Bobo, Hiscocks

Opposed:  Lambert, Brothers

Recused:  Cole                                   

Motion passed.

Mexican American Bar Assocation
52nd Annual Installation & Gala.  February 4, 2012.  Tickets range from $150.00 each; $1,500 for a table.

No members are being honored.
There was no motion proposed - the Board respectfully declined to contribute to this event.

Langston Bar Association
Annual Installation & Awards Gala.   February 4, 2012.  Tickets range from $125.00 each to $1,250 for a table, or a sponsorship for up to $25,000.
A former DCA being honored.

There was no motion proposed - the Board respectfully declined to contribute to this event.

Lesbian & Gay Lawyer's Association of Los Angeles
33rd Annual Awards Dinner Gala.  February 25, 2012.  Tickets range from $135.00 to $2,000 for a table.  No members are being honored.
There was no motion proposed - the Board respectfully declined to contribute to this event.

4) CLOSED SESSION (Grievances)

 

 

The Board is pleased to announce that LACAA has retained the law firm of MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN as General Counsel.


It has been confirmed with the Controller that the April 2, 2014 paychecks will include the Professional Development Stipend and the 1% additional employee retirement contribution retroactive to 2/9/14, as provided for in MOUs 29 and 31.


Arbitration of Volunteer / Contract Attorney Grievance
Read LACAA's post-hearing brief here.
Read Management's post-hearing brief here.

Arbitrator's Award denies Grievance.
Read decision here.