CC 2015-04-28_11e CA Succession and Transition Plan � p.RROyO
INCORPORATED 92
v D
JULY 10. 1911
Fri MEMORANDUM
C,
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TO: CITY COUNCIL
FROM: TIMOTHY J. CARMEL, CITY ATTORNEY
SUBJECT: CITY ATTORNEY SUCCESSION AND TRANSITION PLAN
DATE: APRIL 28, 2015
RECOMMENDATION:
Receive and file the City Attorney Succession and Transition Plan ("Plan").
FINANCIAL IMPACT:
There is no fiscal impact.
BACKGROUND:
For the past nineteen years, I have served as City Attorney for the City. Prior to
becoming City Attorney, I served as Deputy City Attorney for three years. Since Carmel
& Naccasha LLP was established in 2004, the City has had the additional support of the
firm's team of municipal attorneys. Heather Whitham, one of the partners, has been a
part of this team and the Deputy City Attorney since she was hired to join the firm in
2010.
ANALYSIS OF ISSUES:
The Council has been provided with a Succession and Transition Plan, which sets forth
the succession of Heather Whitham as City Attorney. Pursuant to the Plan, commencing
May 1St, Ms. Whitham will take over as the City Attorney and will attend Tuesday staff
meetings, conduct office hours, and attend City Council meetings.
Ms. Whitham served as an in-house Deputy City Attorney for the City of Torrance for
fourteen years. For the last four years, she has represented numerous local special
districts in addition to serving as the Deputy City Attorney.
As has been the case to date, the other members of Carmel & Naccasha's municipal
group will continue to provide legal advice to the City in their particular areas of
expertise.
This Plan will provide a positive change and will serve the City well. Ms. Whitham is
very familiar with City staff and operations and is ready to seamlessly assume the City
Attorney position.
Item 11.e. - Page 1
CITY COUNCIL
CITY ATTORNEY SUCCESSION AND TRANSITION PLAN
APRIL 28, 2015
PAGE 2
ADVANTAGES:
The transition will provide stability within the City organization, preserve the wealth of
institutional knowledge of City operations and current issues of importance, and ensure
uninterrupted delivery of high quality legal services, with a fresh perspective. In
addition, maintaining the City's representation through Carmel & Naccasha will provide
continuity during the transition to a new city manager.
DISADVANTAGES:
There are no disadvantages.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, April 23, 2015. The Agenda
and staff report were posted on the City's website on Friday, April 24, 2015. No public
comments were received.
Attachments:
1. April 17, 2015 Letter to City Council Regarding Succession and Transition
Plan
Item 11.e. - Page 2
CARMEL NACCASHA LLP
ATTORNEYS at LAW
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ZIYAD 1.N.AC:C:ASII.A ALIC.IA M.Cr.mi z
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DAVID H.H1RSf:I1
MARA J.iMAMET Also ADmrrlT7,17 IN NRV X T_)A
I1�_.A'1'1-LER K.Wl-Ll'L'lLum ALSo AL)imrl",n)IN ILLINOIS
SIIAUNACUNNINGITAM April 17, 2015
DAI.I.AS K.MOSTRR
BRI AV J.S'1'AC:K
Via Email only tcarmel @carnaclaNv.com
Honorable Mayor and Members of the
Arroyo Grande City Council
RE: Succession and Transition Plan
Dear Honorable Mayor and Members of the City Council:
It has been an honor to serve the City of Arroyo Grande ("City") for the last twenty-two
years. Pursuant to your direction, we are providing a succession and transition plan, which
changes the roles of the attorneys within our firm that provide legal services to the City. The
opportunity to evolve and grow with the City is an exciting one. For the benefit of those who
may not be as familiar with our firm, we are also taking this opportunity to provide some
background on our firm and our attorneys. We have a team of attorneys and support staff that
is knowledgeable, experienced and focused on continuing to provide quality legal services to
the City.
TRANSITION PLAN:
Legal work for the City has been performed by the core municipal group, which consists
of Heather Whitham, David Hirsch, Michael McMahon, Shauna Cunningham and me, each of
whom can be relied upon for different areas of expertise. A brief description of our
qualifications is set forth below and a summary of each of our respective professional
backgrounds is attached for your reference.
Commencing in May, Heather will take over as the City Attorney. She will attend
Tuesday staff meetings, conduct office hours and attend City Council meetings. As we have
generally done in the past, if a member of the team is primarily responsible for a particular
agenda item,that person may attend the meeting or sit in for that portion of the meeting.
Heather served as an in-house Deputy City Attorney for the City of Torrance for
fourteen years. For the last four years she has represented numerous local special districts and
served as a Deputy City Attorney to the City.
Heather's extensive knowledge and experience in the area of municipal law, coupled
with her enthusiasm and ability to adapt to the needs of the current City Council will make for
SAN LUIS OBISPO OPrrcF.:1410 MARSH 5-rRi.R-r•SAN LCITS OMSl o,GA 93401•Tm,:805.546.8785.144X:805.746.9015
PAso RosLE:s OmcE:1908 SI'lt Itic 5'I'il1uc'r•PASO Rod f,LS,CA 93446•Ti.:i.:805.2264148.FAX:805.226.4147
WEBSITE ADDRESS:WIXIW.C:AIZN:IC LAW.0 0M Item 11.e. - Page 3
Mayor and Council CARMEL&NACCASHA LLP
Page 2 of 3
April 17, 2015
a smooth and productive transition. Heather is known for her professional demeanor and her
ability to provide sound and objective legal advice. In addition, the fact that Heather is also a
resident of the City means she is personally invested in its long term success.
Back in our offices, I will continue to provide limited legal counsel, specifically on issues
related to water and land use. David, Mike and Shauna will continue to serve the City in the
same capacities they currently do.
QUALIFICATIONS:
Carmel & Naccasha LLP ("C&N") is a California limited liability partnership that was
formed in 2004. The firm started with only its two principal partners, Ziyad Naccasha and me,
and has grown with the needs of its clients and the community to ten "in house" and three "of
counsel" attorneys. In addition, C&N has three paralegals and an administrative support staff
of eight. The firm has offices in San Luis Obispo and Paso Robles.
All of our attorneys are admitted to the State Bar of California and are members of the
San Luis Obispo County Bar Association, as well as being admitted to practice in the Ninth
Circuit Court of Appeals, the United States Court, Central District of California and the United
States Supreme Court. The firm is a member of the Better Business Bureau of San Luis Obispo
and the San Luis Obispo,Arroyo Grande, Grover Beach,Templeton and Paso Robles Chambers
of Commerce. Our attorneys and staff are actively involved in the community and serve on
numerous boards and committees, including the Foundation for the Performing Arts Center,
Big Brothers Big Sisters of San Luis Obispo County, United Way of San Luis Obispo County,
the Paso Robles and Templeton Chambers of Commerce, Cal Poly's President's Local Economic
Development Committee and the San Luis Obispo Community Foundation.
Within the firm, we have a group of five attorneys who are dedicated almost exclusively
to the practice of municipal law. We provide city attorney legal services to the City and serve as
district counsel to the Cambria Community Services District, Cayucos Sanitary District,
Mission Hills Community Services District, and San Simeon Community Services District. In
addition, we provide local district counsel legal services to the Templeton Community Services
District. We also supply legal services to the Cities of Santa Maria and Camarillo and litigation
services and insurance support for the Special District Risk Management Authority and the
Association of California Water Agencies Joint Powers Insurance Authority.
CONCLUSION:
We believe this transition plan will provide a positive change and will serve the City well.
Heather is ready to seamlessly assume the position of City Attorney and maintaining C&N's
representation of the City will provide continuity in the conduct of City business. The lawyers
in our firm have developed excellent working relationships with City staff and are familiar with
the City's Municipal Code and policies and procedures. In addition, our firm's institutional
memory and knowledge of the operations of the City will assist during the transition to a new
city manager.
Item 11.e. - Page 4
Mayor and Council CARMEL&NAccAstu LLP
Page 3 of 3
April 17, 2015
This is an appropriate time to make this shift. Change is healthy and good. A very
similar transition occurred many years ago when my late partner, Roger C. Lyon, with the
strong backing of the City Council, passed the honor and privilege of representing the City to
me. This is a prime opportunity to energize and enrich the position without disruption.
Heather will be a great city attorney.
Sincerely,
CARMEL&NACCASHA LLP
T' hyJ. C. Je
cc: Bob McFall, Interim City Manager
Enclosures:
Attorney Bias
Item 11.e. - Page 5
Heather K.Whitham (State Bar No. 177990)
Heather joined C&N in December, 2010 and is also part of the firm's land use and
municipal law group. She currently advises the City, Mission Hills Community Services
District, San Simeon Community Services District and the Guadalupe Oversight Board.
Heather also serves as Local District Counsel to the Templeton Community Services District
and was previously a Deputy City Attorney for the City of Torrance for fourteen (14) years. Part
of her experience with the City of Torrance included misdemeanor prosecution and code
enforcement. Heather received her law degree from Southwestern University School of Law
and was admitted to the California State Bar in December 1995.
Timothy J. Carmel (State Bar No. 122695)
Tim is a founding partner of C&N and, for the past twenty-nine (29) years, he has
represented a wide range of notable public agencies and private clients in San Luis Obispo
County. He has served the City of Arroyo Grande for the past twenty-two (22) years, nineteen
(19) of which have been as City Attorney. Tim also serves as District Counsel to the Cayucos
Sanitary District and the Cambria Community Services District. In addition, he formerly
represented the City of Paso Robles, and the City of Grover Beach, as well as over a half dozen
special districts located in San Luis Obispo County. He advised these agencies in all aspects of
public agency law.
Tim graduated from Golden Gate University School of Law in December, 1984 and was
admitted to the California State Bar in June, 1986 and the Nevada State Bar in October, 1986.
Prior to founding C&N, he was a partner with Lyon & Carmel, where he practiced primarily
municipal law for seventeen (17)years with the late Roger C. Lyon,Jr.
David H. Hirsch (State Bar No. 76786)
David joined C&N in March of 2009 as a partner. Previously, he served as City Attorney
'for the City of Simi Valley from 1998 through 2oo8, and prior to that, he was City Attorney for
the City of Lompoc for seventeen (17)years.
David currently advises the City and Cambria Community Services District. He also
provides special counsel legal services to the Cities of Santa Maria and Camarillo. In addition,
David represents the Successor Agency to the Redevelopment Agency of the City of Arroyo
Grande, the Oversight Board of the Successor Agency to the Redevelopment Agency of the City
of Santa Maria and the Oversight Board to the Designated Local Authority, Successor Agency
of the former Pismo Beach Redevelopment Agency.
David graduated from Syracuse University College of Law in 1977 and was admitted to
the California Bar that same year. He has been active with the City Attorneys' Department of
the League of California Cities ("League") having served as its President from 1997-98 and
served on the League's Municipal Law Handbook Editorial Board, during which time he
oversaw the update of the chapter on employment law. From .1996 until 2012, David chaired
the League's Municipal Law Institute Committee, which annually organizes and co-sponsors
Item 11.e. - Page 6
symposiums on municipal law issues at leading law schools, including UC Hastings College of
Law's Center for State and Local Government Law, UCLA Law School and Stanford Law
School, and he is also currently the Past Chair of the Public Law Section of the State Bar of
California.
Michael M. McMahon (State Bar No. 157556)
Mike joined C&N in 2007 and heads the firm's civil litigation group. He regularly
represents public agencies on employment related matters, from the initial discipline to trial
and appeal and has handled numerous traditional and administrative writ of mandate cases.
Before joining C&N, Mike was a court attorney for the San Luis Obispo Superior Court, where
he frequently served as a judge pro tem. Mike received his law degree in 1992 from Arizona
State University and was admitted to the California State Bar that same year.
Mike has extensive experience representing public agencies, such as the .City and
Cambria and San Miguel Community Services Districts, in personnel matters. Most recently,
this includes his coordination of the successful defense of two claims against the Arroyo
Grande police department and a third that he is currently defending in the appellate court. In
addition, he has handled employee disciplinary proceedings for the City, Cambria Community
Services District, San Miguel Community Services District, Cayucos Sanitary District and
Mission Hills Community Services District.
Mike has tried cases on behalf of public agencies and private clients in superior courts in
San Luis Obispo, Ventura, Los Angeles, and Kern Counties. While practicing in Southern
California, he successfully represented public agencies in jury trials involving flood damage
and wrongful death. He is intimately familiar with the Tort Claims Act and the statutory
immunities and defenses available to public agencies and their employees.
Mike also has experience representing public agencies in appellate proceedings.
Recently, Mike represented the Cambria Community Services District in three matters before
the Second District Court of Appeals. All three were writ of mandate actions in which the
District prevailed at the trial court level. Judgment in the District's favor was affirmed in all
three cases.
Shauna Cunningham (State Bar No. 233o67)
Shauna joined C&N in January of 2014. Shauna represents public entities, including
local school districts, on a variety of matters such as labor and employment, litigation,
administrative hearings, student issues, collective,bargaining, governance and on special
education matters. Before joining C&N, she was with the firm of Kronick, Moskovitz,
Tiedemann & Girard. Shauna graduated from the University of California, Berkeley -- School
of Law in 2004 and was admitted to the California State Bar in December of the same year.
In her representation of school districts, Shauna has extensive experience with the
Brown Act and the Public Records Act. She is also skiDed in drafting resolutions, contracts and
leases.
Item 11.e. - Page 7
CARME(
tK)KNW at 1,A
Heather K.
Whitham
ATTORNEY
9
/
(805) 546-8785
(9-015) 546-8o'S (fax)
hwhitham @carnaclaw.com
PRACTICE AREAS
•
Municipal Law;
Land Use; and
l • Transactional Law.
if
With nearly 20 years of experience working directly with municipalities, Heather Whitham focuses the
majority of her practice at Carmel&Naccasha LLP representing public agencies. Heather currently
serves as Deputy City Attorney for the City of Arroyo Grande,District Counsel to San Simeon Community
Services District,Assistant District Counsel to the Mission Hills Community Services District, Local
District Counsel to the Templeton Community Services District and legal counsel to the Guadalupe
Oversight Board.
After passing the bar in 1995, Heather worked for 14 years as a Deputy City Attorney for the City of
Torrance. During her tenure at the City,Heather practiced in all areas of municipal law,including serving
as legal adviser to the City's Planning Commission. Heather advised the City's Community Development
Department, Planning Commission and City Council through the real estate boom of the late 199o's and
early 2000'x.
Heather has extensive knowledge of and frequently provides advice on the Brown Act,the Public Records
Act, and the Political Reform Act. Heather has significant experience drafting ordinances, resolutions,
agreements and leases. Heather also provides advice on public purchasing, bidding requirements and
bidding disputes. In addition, Heather advises public agencies on Proposition 218 and Proposition 26 as
they relate to fees, taxes and assessments. Heather also provides advice to public agencies on personnel
matters.
In addition, Heather practices law in the areas of civil litigation, land use and transactional law. Heather
has successfully completed numerous civil and criminal court and jury trials. She has also handled
specialized litigation matters such as writs of mandate.
Heather frequently provides training to public agency staff,appointed and elected officials,on the Brown
Act,land use laws,California Environmental Quality Act("CEQA')and Ethics-AB1234.
Heather joined Carmel&Naccasha LLP in 2010.
COMMUNITY&PROFESSIONAL INVOLVEMENT
San Luis Obispo Chamber of Commerce,Legislative Council• member
Cal Poly Political Science Alumni Board• member
SAKI LUIS OBI5Po OFFICE:1410 MAP-Si I S MzLT•SAN Luis 01ilsl)0,CA 93401 •TrI.:805.546.8785•Mx:805.546.8015
PASO RDBLE5 OFFICE:1908 SYRINC;ST111SIU•P.Aso Roi3j.rs,CA 93446-Tn:805.226.4148•FAX:805.226.4147
WEBSITEADDRESS:WWW.CA1ZyACLAW.COM
Item 11.e. - Page 8
Women Lawyers Association of San Luis Obispo County• member
San Luis Obispo County Bar Association• member
The State Bar of California• member
EDUCATION
Southwestern University School of Law,Los Angeles(J.D. 1995—with honors)
California Polytechnic State University, San Luis Obispo(B.S. in Political Science with concentration in
pre-law, iggi—magna cum laude)
SAN LUIS OBISPO OFFICE:1410 MARSII ST1;LEEl'•SASS LUIS 013ISP0,CA 93401•'1 n,:805.546.8785•F&x:805.546.8015
PASO RoBLES OFFICE:1908 S[IM NG SIIIFET•PASo ROBLES,CA 93446•TF.i.:805.226.4148•PAx:805.226.4147
WESSITE ADDRESS:WWW.CAltNACI..AW.COM
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