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Title:
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Authorization to Enter into a Legal Services Agreement with Michael H. Miller for Advisory Services to the Civil Service Commission During Disciplinary Appeal Hearings and Other General Legal Services Related to Administrative Hearing Issues.
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City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council authorize the City Attorney’s Office to enter into a
Legal Services Agreement with Michael H. Miller for advisory services to the Civil
Service Commission during disciplinary appeal hearings and other general legal
services related to administrative hearing issues.
BACKGROUND AND DISCUSSION:
Due to the City Attorney’s Office’s need to manage its resources, we have retained
attorney Michael H. Miller to advise the Civil Service Commission during a current
disciplinary appeal hearing, which we anticipate will be quite lengthy and involve a
substantial amount of preparation time outside of Commission meetings. This Office
has used Mr. Miller’s services in the past on various administrative hearing issues,
including advising the Committee on Permits and Licenses during a permit
revocation hearing.
Mr. Miller has substantial experience and knowledge in this area. He has advised
Civil Service Commissions (Boards) in several cities, including Huntington Beach,
Arcadia, Torrance, Huntington Park and Burbank. In addition, he has served as
legal advisor to city managers regarding discipline at Port Hueneme and Alhambra;
and has handled numerous disciplinary hearings as the decision maker/hearing
Meeting Date: 02/12/07 Item Number: C-4
AGENDA ITEM: Authorization to Enter into a Legal Services Agreement with
Michael H. Miller for Advisory Services to the Civil Service Commission During
Disciplinary Appeal Hearings and Other General Legal Services Related to
Administrative Hearing Issues.
Contact Person/Dept.: Heather Iker/City
Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List; Michael H. Miller (02/07/07).
Department Approval: Carol Schwab,
City Attorney (by H. Iker) (01/31/07)
City Attorney Approval: Carol Schwab (by
H. Iker) (01/31/07)
City Controller Approval:
Marlee Chang (02/05/2007)
City Manager Approval: City of Culver City, California
City Council Agenda Item Report
officer in many jurisdictions, including the Los Angeles County Civil Service
Commission. (See attached resume.)
Given Mr. Miller’s experience, in addition to utilizing his services in the present
matter, the Office would like to retain him on an as-needed basis for other
administrative hearings and related issues.
FISCAL ANALYSIS:
Mr. Miller’s rate is $135.00 per hour. We currently have funds remaining under Mr.
Miller’s prior contract with the City; however, these will quickly be depleted during
the early stages of the present disciplinary appeal hearing. The funding for the new
agreement will be covered under the City Attorney’s line item # 10113100.611200
(Legal Services – Personnel).
ATTACHMENT:
Michael H. Miller Resume
MOTIONS:
That the City Council:
1. Authorize a Legal Services agreement with Michael H. Miller for advisory
services to the Civil Service Commission during disciplinary appeal hearings and
other general legal services related to administrative hearing issues on an as-
need basis; and
2. Direct the City Attorney to prepare the necessary agreements and authorize the
City Manager to execute the agreements on behalf of the City.
MEETING DATE: 02/12/07
AGENDA ITEM: Authorization to Enter into a Legal Services Agreement with
Michael H. Miller for Advisory Services to the Civil Service
Commission During Disciplinary Appeal Hearings and Other
General Legal Services Related to Administrative Hearing Issues.
ATTACHMENTS
Pages
Michael H. Miller Resume
1 - 3F:
FRX NO.
Oct. 16 2006 02:41PM P2
RESUME
MICHAEL H. MILLER
Attorney at Law
3615 Amesbury Road
Los Angeles, CA 90027
(323) 664-7227
EDUCATION:
University of Oregon: Bachelor of Science (Political Science) - 1964
University of California Hastings College of Law: Juris Doctor - 1967
UCLA Extension: Legal Aspects of Human Resources Management - 1997
Pepperdine University: Dispute Resolution Mediation Program - 1997
CURRENT AND RECENT POSITIONS:
1. Part-time law IA actice with emphasis on Labor/Employment Law and services as a
neutral.
2. Legal advisor — City of Torrance Civil Service Commission_
3. Legal advisor City of Huntington Beach Personnel Commission.
4. Legal Counsel — Labor Relations and Employment Law — City of Lomita.
5_ Professor of Labor and Employment Law — Glendale University College of Law.
6. Hearing Officer.* - City of Huntington Beach Personnel Board.
7.
Hearing Officer — Long Beach Civil Service Commission.
8.
Hearing Officer — Culver City License Board.
9.
Legal Counsel — Huntington Park Civil Service Commission
10. Hearing Officer — City of Port Hueneme.
11. Hearing Officer — City of Inglewood.
12. Hearing Officer — City of Santa Monica,
13. Hearing Officer — City of Claremont.
14.
Hearing Officer (Skelly Hearings) — City of Glendale.
15.
Hearing Officer — City of El Monte
16.
Hearing Officer — City of Santa Paula_
17.
Arbitrator— Los Angeles County Civil Service Commission.
18. Arbitrator — City of Costa Mesa and Fire Association.
19. Legal Advisor to Hearing Officer City of Alhambra_
20.
Legal Advisor to Hearing Officer — City of Lomita.
21.
Legal Advisor — Burbank Personnel Commission|109| FRON
FAX NO. : Oct. 16 221215 02:42PM P3
PRIOR POSITIONS:
I. City Attorney and General Counsel for Redevelopment Agency - Arcadia, California -
January 1983 to November 1999 (retired).
2. City Attorney - Newport Beach, California - January 1982 to January 1983.
3. City Attorney - Gardena, California - December 1976 to January 1982.
4_ Deputy and Assistant City Attorney - Huntington Beach, California - 1970- 1976.
5. Deputy City Attorney (City Prosecutor) - Anaheim, California - 1968 to 1970_
6. • Deputy City Attorney - Fresno, California - 1967 to 1968.
7. Adjunct Profession of Administrative Law — Southwestern University School of Law.
8. Hearing Officer — Long Beach Housing Authority_
9. Hearing Officer — Gardena Rent Mediation Board.
"ACCOMPLISHMENTS - SUMMARY
1. Participation as Arbitrator in recent Seminar concerning statute authorizing binding interest
arbitration for police and fire (SB 402).
2. Acted as Hearing Officer and advocate on a variety of issues for various city boards and
commissions involving nuisance abatement, personnel discipline, employee grievances,
disability retirement, rent control and business license revocation.
3. Handled numerous types of litigation and administrative hearings, involving a variety of
matters such as public labor law, employee discipline, disability retirement, land-use and
contract disputes.
Performed as part of negotiating team for management during meet and confer process.
Conducted interest arbitration (advisory) on behalf of management. Handled numerous
grievance proceedings. Also, participated as a negotiator on behalf of an employee unit for
management employees (Huntington Beach).
Manage and coordinate outside counsel with regard to liability defense and complex litigation
involving personnel, employment discrimination, sexual harassment, environmental and
contract disputes_
6. Conducted sensitive internal investigations on a variety of issues including workplace
harassment, and police misconduct.
2FROM
Oct. 16 2005 02:43PM P1
FAX NO.
7. Prosecuted penal code misdemeanors for two (2) years, handled numerous court and jury
trials, and criminal calendar. Conducted municipal code enforcement program including
office conferences and nuisance abatement.
S. Review and revision of city policies and rules including personnel rules.
PROFESSIONAL ACTIVITIES:
1. Author of paper on Correcting Abuse of Safety Employee Disability Retirement presented at
the Spring Conference of the City Attorney Department presented at the 1986 League of
California Cities,
2. Appointed by National Institute ofMunicipal Law Officers (NIMLO) to a special committee
to advise the United States Congress on amendments to the Civil Rights Act.
3. Member of Legal Advocacy Committee - League of California Cities.
4. Chairperson of City Attorney Legislative Committee - League of California Cities.
5.
Author of Articles for California League of Cities and National Institute of Municipal
Law Officers on the City Attorney/Client Relationship and Conflicts of Interest
6. Author of article on the Use and Control of Outside Legal Counsel presented at the 1991
League of California Cities.
7. President of the Los Angeles County City Attorney Association —1991
8.
Author of paper published in Western Cities and Los Angeles Daily Journal regarding Cities
and the Rule of Law.
REFERENCES:
Furnished upon request.
*Hearing Officer also denotes Administrative Law Judge and Arbitrator.|1013|