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City Council

Regular Meeting

Troy, NY · February 21, 2017

AgendaMinutes

Minutes

Minutes of the Law Committee Troy City Council February 21, 2017 6:00 pm The Meeting was called to order at 6:00 pm by Committee Chair McGrath. Roll Call: The roll being called the following committee members answered to their names: Committee Chair McGrath, Council Member Gulli and Council Member Doherty. Absent: Corporation Counsel Caruso. Also in attendance were Mayor Madden, Council Member Bodnar and Council Member Donohue. One member of the public was in attendance. Council Chairman McGrath opened the meeting to review a retention agreement of special counsel for labor negotiations and disputes. Mayor Madden briefed the members of the committee stating all six union contracts have expired and there are grievances for layoffs and grievances from the PBA. He further explained that the personnel office also relies on the Labor Counsel. Mayor Madden stated that while Goldberger and Kremer has a deep understanding of our labor issues it became clear it was time for a change due to a lack of confidence by the unions and the Council. The Mayor stated the RFP yielded eight firms and when they reviewed the RFP’s they were looking for experience in labor matters, firms that represented municipalities, size and local presence of the firm and the knowledge base of the firm. The Mayor stated they were able to get the retainer rate reduced to $173 per hour and the rate will revert to $205 per hour after 32 monthly hours are exceeded. Council Chair McGrath asked if the monthly retainer hours carry over if we don’t use them and what is the duration of the contract. Mayor responded there is no carry over of the hours and this is a two year contract that can be terminated at any time. Council Chair McGrath asked if we could go to an hourly rate if the contracts were settled in a year. Mayor Madden said he will ask the firm to add an additional paragraph to cover that contingency. Mayor Madden said this retainer will also cover us in court. Council member Bodnar stated he didn’t have a problem with sending out an RFP, however, at this point he may vote no at the meeting as he is troubled by the implications that Goldberger and Kremer did not do a good job for the city. Council member Gulli states in the past there were soft moves due to the fear of arbitration and it’s time to find someone who will be more aggressive to find a fix and not a settlement. Gulli states that he was told something at a prior that was not factual. Council member Doherty states he received well informed responses and questions we were thoroughly answered. Council member Doherty said he would consider this as it’s a new administration and it’s a significance savings and as he his is confident with the selection process. Council Chair McGrath stated he reviewed the contract and one of the good things is that arbitration is included with Goldberg Segalla. Council Chair McGrath states we have an opportunity to make a change and we need to take this step. Council member Bodnar states he trusts Goldberger and is honorable and making a change is ok. Consideration of Resolutions 34. Resolution Authorizing The Retention Of Special Counsel For Labor Negotiations And Disputes (Council President Mantello and Council Member McGrath At The Request Of The Administration) Resolution passes by a unanimous vote and moves to the Finance Committee Meeting of March 2, 2017 Adjournment Motion to Adjourn – McGrath, 2nd Gulli Meeting adjourned at 6:34 pm Patti O’Brien City Clerk An audio recording of this meeting is on file in the Clerk’s Office

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