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CC 2015-04-28_11e CA Succession and Transition Plan � p.RROyO INCORPORATED 92 v D JULY 10. 1911 Fri MEMORANDUM C, I F 0RN\P 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 T1.LCY1'1-]Y J.CARINIEL OF COUNSEL ZIYAD 1.N.AC:C:ASII.A ALIC.IA M.Cr.mi z MIC TIARL M.NICMA1-HON WALTRRi.]MT7.1.AR DONAu)n.WILSON Wi'AL'I'ER J.Sl'UCKL'.Y 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 Item 11.e. - Page 9 THIS PAGE INTENTIONALLY LEFT BLANK Item 1 1.e. - Page 10