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PROPOSAL:

Authorize Executive Officer to Contract with Joseph V. Contaoi for Human Resources Related Services and Approve Findings Supporting the Contract

SYNOPSIS:

Staff proposes to contract with Joseph V. Contaoi, the former Director of Administrative and Human Resources, to provide assistance with certain Human Resources tasks occurring over the next nine months, including negotiating a contract with the District's labor unions this Spring. Health and Safety Code Section 40426.7 requires the Board to make certain findings before contracting with certain District employees within 12 months following retirement. Although Section 40426.7 applies to Mr. Contaoi's contract, the Board can make all the findings with regards to his proposed contract.

COMMITTEE:

Administrative, January 22, 1999, Recommended for Approval

RECOMMENDED ACTION:

1. Authorize the Executive Officer to enter into a contract with Joseph V. Contaoi for Human Resources related services at an hourly rate of $100 for a total amount not to exceed $20,000, terminating on or before September 30, 1999 or when the tasks described in the contract are completed, whichever is sooner.

2. Approve findings that: at the time he left District employment, (1) Mr. Contaoi was working on one or more programs that are of great importance to the south coast district, (2) that his services are necessary to assure the continued effectiveness of the program or programs, (3) that the contract is only for that period of time necessary to complete Mr. Contaoi's work on the program or programs, and (4) that Mr. Contaoi is the most qualified person to provide the needed services.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The AQMD has a short-term need for human resources services. This need arises from the recent departure of Joseph V. Contaoi, the AQMD's former Director of Administrative and Human Resources. Mr. Contaoi was involved in a number of important human resources projects that will continue for the next several months. These projects include: arbitration hearings scheduled for the spring of 1999 on the remaining grievances from the 1994 layoff where he is the most knowledgeable person regarding circumstances and agency position; and the June 1999 expiration of Memoranda of Understanding (MOU) between the AQMD and its employee organizations in regards to matters where he is the most knowledgeable individual. Without Mr. Contaoi's continued involvement in these projects, the AQMD could face a severe hardship. To alleviate this hardship, staff proposes that the Board authorize the Executive Officer to contract on a short term basis with Mr. Contaoi to assist with the preparation of the AQMD's defense for the arbitration hearings and testify at the hearings and to assist in the negotiation of the labor MOUs. The contract rate shall be $100 an hour, and the total contract price shall not exceed $20,000.

The AQMD's Contracting and Purchasing Policy authorizes the use of a sole-source contract under the following circumstances: (1) the cost of the labor of preparing a bid solicitation package is in excess of the savings that would be derived from competitive proposals; or (2) public health and property may be endangered by the delay; or (3) prior experience has shown that the desired services are available from only one source; or (4) other circumstances exist, which in the determination of the Governing Board or Executive Officer, require such waiver in the best interests of the District.

This request is made under reason #4. Mr. Contaoi was Director of Administrative and Human Resources during the layoffs in 1994. He participated in every important decision made during the layoffs and is one of a handful of persons best suited to explain the justifications for the District's actions. With respect to the MOU, Mr. Contaoi’s grasp of AQMD labor issues, and his negotiating experience make his assistance very important to the upcoming MOU negotiations.

To award a contract for employment services to Mr. Contaoi, the Board must also make the findings under California Health and Safety Code Section 40426.7 (b), Restrictions on Former District Employees. The Board must find that (1) the employee was working on one or more programs that are of great importance to the south coast district, (2) that the services of the employee are necessary to assure the continued effectiveness of the program or programs, (3) that the contract is only for that period of time necessary to complete the employee's work on the program or programs, and (4) that the employee is the most qualified person to provide the needed services. These findings must be made by a two-thirds vote.

The Board can make these findings as to Mr. Contaoi with regard to his proposed employment. Each of the projects included in this contract is vital to the proper organization and functioning of the SCAQMD and relations with SCAQMD employees. Mr. Contaoi has been a central figure in each of these projects, and consequently, his services are necessary to ensure their continued effectiveness. This request is for authority for a contract that terminates within one year or upon completion of the projects set out in the contract, whichever is sooner. Mr. Contaoi, as the AQMD's former Director of Administrative and Human Resources, has knowledge and experience, and has formed working relationships with the District's labor unions, such that he is the most qualified person to provide the needed services.

Proposal

It is therefore recommended that the Board authorize the Executive Officer to enter into a contract with Joseph V. Contaoi for human resources services, with a contract rate of $100 per hour, and which shall not exceed $20,000, terminating on September 30, 1999 or until the tasks described in the contract are completed, whichever is sooner. Staff would only utilize Mr. Contaoi’s services in those areas where his knowledge and experience is essential.

Resource Impacts

None; sufficient funds are available in the Human Resources’ approved Fiscal Year 1998-99 Budget.

AGENDA ITEM NO.

FINDINGS

PURSUANT TO HEALTH & SAFETY CODE §40426.7

The Governing Board of the South Coast Air Quality Management District makes the following findings with respect to a contract with Joseph V. Contaoi for Human Resources Services, which contract is more fully described in the accompanying Governing Board letter:

1. At the time he left District employment, the employee was working on one or more programs that are of great importance to the south coast district;
2. that the services of the employee are necessary to assure the continued effectiveness of the program or programs;
3. that the contract is only for that period of time necessary to complete the employee's work on the program or programs, and
4. that the employee is the most qualified person to provide the needed services.

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