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Minutes

LOS ANGELES CITY ATTORNEYS' ASSOCIATION

BOARD MEETING MINUTES

Date: Thursday, August 4, 2011
Time: 12:00 p.m.
Location: Ron Deaton Auditorium, L.A.P.D.
Present: Oscar Winslow (President), Howard M. Fuchs (1st Vice President), Mark Lambert (2nd Vice President), Juliann Anderson (Secretary), Marie McTeague (Civil Director), Garcelle Embry (Civil Director), Ann Rosenthal (Criminal Director), Patrick Hiscocks (Criminal Director), Nick Karno (Criminal Director), Lewis Levy (Attorney)

1. Discussion regarding action Board should take in response to SEIU’s recent participation in issuing unauthorized ballots to LACAA members.  This unauthorized action alone appears to constitute a material breach of the affiliation agreement.  The affiliation agreement may be terminated upon 90 days notice to the other party. 

2. The Board introduced Attorney Lewis Levy to the membership.  Mr. Levy generally discussed his impressions regarding our legal rights and remedies with respect to management’s unilateral change in the terms and conditions of our employment following the membership’s non-ratification of the LOA. 

3. UERP relating to the imposition of 26 furlough days in 2010-11 fiscal year --- LACAA has filed a motion to compel arbitration.

4. UERP relating to the imposition of 36 furlough days in 2011-12, capping of the retiree medical insurance subsidy and threats and intimidation during bargaining --- 14 days meeting is Monday, August 11th.

5. 7 hour / day schedule:  Management advised Board members that the schedule was never meant to be rigid, but Carter's most recent memos contradict that.  The Board continues to meet with management.  Supervisors have been told to differentiate between flex time and furloughs.  Memo regarding working 70 hours is being corrected to instruct members to work 68.5 hours.  All members must accurately reflect their time in the D-Time system.

Trutanich / Carter have been discussing technology upgrades and managed hiring.  They've assured the Board that full salaries of all employees will be restored first.

6. PAC Committee / Lobbying:  Lobbying committee will convene and discuss effective outreach efforts. 

7. LACAA has sent a letter to LACERS, requesting that it hire independent legal counsel to advise the board on the nature of the vested retiree health subsidy and whether Counsel’s recent actions to permanently freeze the subsidy for some LACERS members interferes with the Board’s fiduciary duty to administer that benefit.  Fire & Police Pension Board has already retained outside counsel to answer similar questions.  LACAA members are encouraged to attend LACERS Board meetings.

8. Volunteer Attorneys:  LACAA has a meet and confer scheduled with management regarding the effects the volunteers have on LACAA members.  

9. FLSA issues:  Lewis Levy is conducting further research on this issue, in light of the fact that management appears poised to strictly impose a 7-hour per day schedule on attorneys.

10. LACAA Finances:  Treasurer is not present to discuss.

Motion:  by McTeague:  For the immediate cessation of payments to SEIU in light of the fact that it has materially breached the affiliation agreement. 
Second: Fuchs
In favor: Winslow, Fuchs, Lambert, McTeague, Embry, Hiscocks, Rosenthal
Against: Anderson
Abstain: Karno

 

 

 



Cal. Supreme Court Supports LACAA Position Re: Vested Pension Benefits
Click here to download document

Read L.A. Times article about Supreme Court Opinion finding that a vested right to retiree health benefits can be implied.
Click here for article

LACAA Amends UERP 1838: Alleges bad faith bargaining and retaliation with respect to the unilateral imposition of 36 furlough days and permanent freeze of the vested retiree health subsidy.
Click here to download document

LAFPP's Indep. Counsel agrees that retiree health subsidy is vested and cannot be permanently frozen at current levels.
Read Board Review of Opinion
Read Memo by Indep. Counsel

Read LA Times Article about LAFPP Independent Counsel's Opinion.
Click here for article

LACAA Board calls on LACERS to obtain independent legal advice regarding the City's freezing of your retirement health subsidy.
To read the letter, click here.

Supreme Court Grants Review of EAA Furlough Decision
Read EAA's Opening Brief Here