- Free Pre-Consultation
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2601 Main Street, Suite 510
Irvine, CA 92614 -
949.222.0188
Free Pre-Consultation
You most likely hold the title of City Manager or Department Head and work for a city within the state of California. Or, maybe you are a County Administrator, Officer of a Special District, Fire or Police Chief, Municipal Attorney, or Elected or Appointed Official.
You are probably in transition. You may have been presented an employment agreement or a severance package. Or, you may be facing workplace challenges and may have been placed on administrative leave.
Perhaps like many of our clients, you may just be reviewing your current options. You're concerned that if you don't make wise choices, your professional and financial future may be in jeopardy. You need advice. You need direction. You need peace of mind. You need answers immediately.
As a public executive, the one thing you can count on is that your employer will use an attorney when dealing with your situation. Whether it be the City Attorney or outside counsel, your best bet is to even the odds by having a lawyer on your side, too. And not just any lawyer, but one with extensive public sector experience.
You are considering new employment. You have received an employment agreement or you believe that you should receive one. You want to discuss the terms of prospective employment and/or have the employment offer or employment agreement reviewed by a lawyer before signing.
We will thoroughly review your employment agreement, take your specific concerns into consideration, and then, personally advise you:
1) what all of the provisions and terms of the agreement mean;
2) whether the document meets the requirements of state and federal law;
3) what in the agreement should give you concern;
4) what specific changes or additions to the agreement you might appropriately seek; and
5) what proven strategies to use in approaching the City to achieve changes and possibly augment the benefits in your employment package.
In most cases, it's best for the City Manager to approach the City Attorney or the City Council's other designee(s) personally, after being coached by us. Howerver, in certain situations, it may be necessary for us to personally negotiate the terms of your employment, or to draft the provisions of the document.
You have received a separation agreement from the City. Even if the separation is amicable, you want to make sure the document's language is appropriate. You need to ensure that your career is protected. You want to discuss whether you can improve the terms of your separation.
We will thoroughly review your separation agreement, take your specific issues into consideration, and then, personally advise you:
1) what all of the provisions and terms of the agreement mean;
2) whether the document meets the requirements of state and federal law;
3) what in the agreement should give you concern;
4) what specific changes or additions to the agreement you might appropriately seek; and
5) what proven strategies to use in approaching the City to achieve changes and possibly augment the benefits in your separation package.
In most cases, it's best for the City Manager to approach the City Attorney or the City Council's other designee(s) personally, after being coached by us. However, in certain situations, it may be necessary for us to personally negotiate the terms of your exit, or to draft the provisions of the separation document.
You have received a severance package. You suspect that you're not being treated fairly and/or legally. You believe that the amount of severance is not enough, based on your situation. You want to ensure that your future career plans are protected. You want to discuss whether it may be possible to improve the terms of the severance.
1) Obtain background information regarding the events and circumstances leading up to the separation from the City;
2) Review your complete severance package, including the draft separation agreement; and
3) Analyze your legal rights and determine your leverage to improve the terms of your severance package.
Depending on the circumstances of your matter, we will either provide coaching in the background, or personally negotiate the terms of your severance package, directly with the City Attorney.
One important fact should be noted. A City Manager or other public executive typically has only one opportunity to negotiate a good severance package. Your best chance for a successful negotiation involves strategizing with us before discussing the matter with the City, or just having us negotiate on your behalf from the start. Unfortunately, it is difficult to turn things around, once an initial attempt to negotiate a package has failed.
You need advice on your current employment circumstances. You are facing workplace challenges where it is critical to make the best possible choices, in light of legal and contractual obligations. You need legal assistance to evaluate the workplace situation, strategize over how to accomplish your objectives, and identify going-forward options.
We can assist you by:
1) Obtaining background Information and identifying your objective(s). We are good listeners. We will gather the necessary understanding of your situation, and early in our conversation will help you identify, at least preliminarily, the objective(s) to be achieved.
2) Determining your contractual obligations and opportunities. Typically, this involves an analysis of the employment contract, the Municipal Code or Charter, Resolutions, Memoranda and personnel policies affecting the Manager's employment.
3) Analyzing your legal rights and responsibilities. We know the statutes and the cases, and can field your "Can I do this?" and "Can I do that?" questions.
4) Assessing the political landscape. By probing questions, we will help you assess the relevant political realities and other human dynamics. In whom can you confide? Who will be favorable to action you are considering? How do you isolate those who could interfere?
5) Formulating options. Aware of the constraints imposed by Contract, Municipal Law and workplace realities, we will assist you to formulate practical options, and to choose a course of action.
6) Setting and implementing strategy. We are experienced, and qualified to assist you in determining how to "get from here to there." Once you begin implementing your selected strategy, we are available to directly discuss your situation with the City Attorney, and to help you assess and restrategize, as necessary.
We do not routinely accept the representation of City Managers who wish to sue their employers on wrongful discharge or related claims. Rather, the litigation we most often accept arises out of our representation. For example, if we advise a City Manager that she has "Good Reason" under a contract of employment to resign and receive a severance package, and the City subsequently refuses to pay, we may litigate that claim.