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Home My WebLink AboutVII(F1) City Manager Issues: Appointment of Special Counsel TO: FROM: DATE: RE: Agenda 02-17-2004 Item VII F 1 FOLEY=LARDNER ATTORNEYS AT LAW MEMORANDUM CLlENT.MATTER NUMBER 020377.0118 The Honorable Mayor and City Commissioners of the City ofOcoee Paul E. Rosenthal, Esq., City Attorney fr/l--- February 10, 2004 City Manager Issues: Appointment of Special Counsel In connection with legal advice regarding the potential termination of City Manager Gleason and other issues related thereto, I believe that it is important for the City to receive independent advice from special legal counsel retained for this purpose. I have worked closely with Mr. Gleason over the years on a wide variety of City matters. Depending on the outcome of the final hearing, I may be called upon to continue to work with Mr. Gleason. Additionally, I will obviously need to continue to work with all of the elected officials in the future notwithstanding any division over this matter. Under these circumstances, it is in the best interest of the City to retain special counsel who is an experienced labor attorney and who has not previously worked for the City. Special counsel may need to advise the City Commission and, in some cases, City staff regarding a variety of matters including but not limited to the following: (1) (2) (3) (4) (5) 006.324247.1 Communication and, if appropriate, negotiations with Mr. Gleason's legal counsel; Advice regarding the procedures for the conduct of the public hearing; The addressing of legal and procedural issues that may arise during the course of the public hearing; The preparation of a draft Final Resolution consistent with the Preliminary Resolution; Advice regarding the effect of a "suspension" of Mr. Gleason's activities; FOLEY & LARDNER FOLEV:LARDNER ATTORNEYS AT LAW (6) Advice regarding issues related to Mr. Gleason's Employment Agreement, including the applicability of severance pay thereunder; (7) The defense of the City in litigation should Mr. Gleason be terminated and a lawsuit is brought in connection therewith; and (8) Advising City staff regarding the proper handling of any matters involving Mr. Gleason. It is my recommendation that the City retain the law firm of Jackson Lewis, LLP as special counsel. Jackson Lewis is a national law firm with an office in Orlando whose practice is limited to the representation of management on labor and employment matters, including litigation. Susan K. McKenna is the Jackson Lewis partner who is recommended as the primary contact with the City regarding this matter. Ms. McKenna is a 1982 graduate of the Duke University Law School, has the highest Martindale-Hubbell rating and has been elected for listing among "The Best Lawyers in America". I personally know Ms. McKenna and believe that she would do an excellent job in providing the City with non-biased and independent legal advice. While Ms. McKenna's standard hourly rate is $325.00 per hour, she has agreed to represent the City on a discounted basis at $275.00 an hour. I believe that these rates are reasonable for experienced legal counsel with specialized skills. Attached hereto is information regarding Jackson Lewis, LLP and Susan K. McKenna. It is necessary for certain work to be performed in advance of the February 17 City Commission meeting in order to respond to questions from members of the Commission and to assure that the City is properly advised at the February 17 meeting. After consultation with the Mayor and Acting City Manager Horton, we have concluded that special counsel should be retained in advance of the meeting and the Commission should be asked to ratify the action. It respectfully is recommended that the City Commission retain the law firm of Jackson Lewis, LLP as special legal counsel to the City with respect to matters relating to the proposed termination of City Manager Jim Gleason and with respect to matters which may arise thereafter in the event he is terminated, with funding for such special counsel to come from the General Fund - General Government Legal Account and that the Commission ratify the actions of the Mayor, City Attorney and Acting City Manager in retaining Jackson Lewis, LLC as of February 11,2004.. PERljlh 2 006.324247.1 Jackson Lewis - About Us Page 1 of2 About Jackson Lewis For over 45 years, Jackson Lewis has placed a high premium on preventive strategies and positive solutions in the practice of workplace law. We partner with employers to devise policies and procedures promoting constructive employee relations and limiting disputes. When complaints arise, we work with clients to take incisive action to effect solutions that minimize costs and maximize results. Whether we are counseling on legal compliance or litigating a complex case, we help our clients achieve their business goals and promote an issue-free work environment. With offices in major cities throughout the U.S. Jackson Lewis combines a national perspective with an awareness of local business environments. Our clients represent a wide range of public and private businesses and non-profit institutions. We are experienced in all aspects of workplace law: . Employment Litigation . Affirmative Action . Race, Gender and Age Discrimination . Sexual Harassment . Preventive Labor Relations . Union Avoidance . Stri kes . Collective Bargaining . Grievance Arbitration . Employee Leaves . Pension and Benefit Administration . Immigration . Wage and hour . Independent Contractors and Contingent Workers . Occupational Safety and Health . Substance Abuse and Drug Testing . Employee Privacy . Disability Rights . Workplace Violence . RestrictIve Covenants and Non-Compete Agreements http://www.jacksonlewis.comlaboutus/default.cfm 2/9/2004 Jackson Lewis - About Us Page 2 of2 . Alternative Dispute Resolution When a client seeks counsel in any of these areas, we assign an experienced attorney to deliver the most effective representation. For clients with more than one location, we develop a multi-office team, which provides the advantages of local, as well as national, counsel. Heading the team is the "primary contact attorney" who is responsible for the overall coordination of services. htto:/ /www.iacksonlewis.comlaboutus/default.cfm 2/9/2004 J&ckson Lewis - Firm Facts Search: I Ahollt li'lC'k<;on I f'wi<; Firm Facts Press Releases In the News Tribute to Lou Jackson ,... ~ Home> Firm Facts Page 2 of3 Jackson Lewis represents management exclusively in employment, lab( and immigration law and related litigation. With 36$?IttoLl1eY$ practicing in:zQmoffices nationwide, the firm has a n perspective and sensitivity to the nuances of regional business environ I Guided by the principle that a positive work environment results in enh morale and increased productivity, the firm devotes a significant portio practice to management education and preventive programs. This appr limit exposure to grievances, charges and lawsuits. Quick Facts Year Founded: 1958 Number of Lawyers: 3JH~ Number of Offices: 20 Office Locations: Atlanta 6Qston Chj<;:il9Q Dallas GreeDYII!e Hilrtford LongJslilDd ~os. Angeles Miami MinneaPolis Press Contacts Clare Grossman Marketing Director New York Qffi<;:e (212) 545-4000 (212) 972-3213 (fax) EmaU http://www.jacksonlewis.comlaboutus/firmfacts.cfm Morristown NeW_'l9L~ Qrlam:lo Pittsbl.!rgb Sacrilmento San Francisco 5 eClJtle. StClmford W_ClSthJ:>C RegloO Wbite Plains MaXgaret6XYant Communications Director Pittsburgh Office (412) 232-0404 (412) 232-3441 (fax) E:maU 2/6/2004 Spsan K. McKenna Susan K. McKenna Partner Orlando Office 390 N. Orange Avenue Suite 1285 Orlando, FL 32801-1641 Phone: (407) 246-8429 Fax: 407-246-8441 Areas of Practice . Litigation . Management Training . Litigation A voidance Page 1 of2 j~~i~c~~llewis Pl;t~rti..'t ~oOhuiQfll; for r.he 'WorkploKc... Admitted to Practice Slale!;; Appeals Courts: II th Circuit Court of Appeals District Courts: Florida Middle District Court Florida Northern District Court Florida Southern District Court Education Law School: . Duke University J.D., 1982 . Indiana University B.A., 1978 with Highest Honors Undergraduate: Bar and Professional Association Memberships Central Florida Association for Women Lawyers1982 - Present Section\Committee Association Central Florida Hotel and Lod~in~ Association Section\Committee Employee Relations Committee Federal Bar Association Florida Bar Section\Committee Lahor and Employment Law Section Orange County Bar Association (FL) Section\Committee Labor and Employment Law Section Fee Dispute Resolution Committee Published Works Articles: "Negligent Hiring .- New Law Is Good News for Florida Employers" The Florida Labor Letter (February 2000) [Author] Position Dates President 1985-1986 1992 - Present Position Dates Member 1990 - Present 1982 - Present Position Dates Member 1982 - Present Position Dates Member Member http://www.jacksonlewis.com/attorneys/attorneyprint.cfm ?aid=644 2/6/2004 S.usan K. McKenna Page 2 of2 "Employment "At Will" Under Florida Law" Ib~ Florida Labor Letter (November 1998) [Author] "Managing Attendance in Light of the Statutory Restrictions" The Florida Labor Letter (April 1998) [Author] "The "Ten Commandments" to Employer Success in Litigation" The Florida Labor Letter (October 1997) [Author] Honors, Awards and Pro Bono Activity . Selected by peers for inclusion in "The Best Lawyers in America" and "Leading Florida Attorneys." . Honored as Allied Member of the Month on two occasions by Central Florida Hotel and Lodging Association for designing and implementing an annual series of employment law seminars. . Board Member, Planned Parenthood of Greater Orlando. . Board Member, Congregation of Liberal Judiasm Youth Education Committee. http://www.jacksonlewis.com/attomeys/attomeyprint.cfm?aid=644 2/6/2004