Attachment 2 - RWG ProposalIn Your Community
At Your Side
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor
Investigation Services
March 10, 2021
Dave Fleishman
847 Monterey Street, Suite 206
San Luis Obispo, California 93401
Telephone:805.706.0962
Email:dfleishman@rwglaw.com
ATTACHMENT 2
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor Investigation Services
Page i
March 10, 2021
VIA EMAIL: manager@losgatosca.gov
Laurel Prevetti
Town Manager
Town of Los Gatos
Town Manager’s Office
110 East Main Street
Los Gatos, California 95030
Re:Town of Los Gatos Independent Police Auditor Investigation Services
Dear Ms. Prevetti:
Richards Watson & Gershon (RWG) is pleased to submit this proposal in response to the Town of
Los Gatos’Request for Qualifications for Independent Police Auditor Investigation Services.
Dave Fleishman is proposed to serve as lead counsel and primary contact for the Town. Dave has
previously provided investigation services for the Town’s police and public works departments.
Dave will be supported by Rebecca Green and will provide the Town with high-quality, proactive,
and cost-efficient legal services.
Our contact information is as follows:
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, California 93401
Main:805.706.0962
Fax:800.552.0078
Dave Fleishman
Lead Attorney and Point of Contact
Phone:805.706.0962
E-mail:dfleishman@rwglaw.com
Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Main:213.626.8484
Fax:213.626.0078
Kayser O. Sume
Chairman, Board of Directors
Phone:213.626.8484
E-mail:ksume@rwglaw.com
Contract Exceptions:
We have reviewed the sample agreement and would request the following modifications in a
final agreement:
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor Investigation Services
Page ii
Indemnity: In Section 3.4, we request that “willful or negligent act” be changed to “willfully
wrongful or negligent act.” In addition, we would request modifications to clarify that RWG’s
obligations only apply to the extent that damages, etc., are caused by RWG’s errors or omissions.
Termination: We request a minor revision to incorporate a mutual right of termination without
cause.
Compensation: We would request modification to clarify that the “Not-To-Exceed” provisions
are not intended to convert the contract to a “flat-fee” basis for all services under the contract.
Insurance: In Section 3.2 All Coverages, the sample agreement states:“Each insurance policy
required in this item shall be endorsed to state that coverage shall not be suspended, voided,
cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the Town. Current certification of such
insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.”
We request this section be revised to reflect the following:
Our insurance carriers will provide cancellation notice only.Our professional liability carriers will
not provide any notice to third parties, as this insurance is designed to protect the Firm.The
cancellation notice provided by the Firm’s general liability, auto and workers comp carriers will
be delivered via regular US mail.The 30-day notice of cancellation will not be provided in the
event of non-payment of premium.Instead, a ten (10) day notice of non-payment of premium
will be provided.
We believe that the highly qualified team we are proposing, backed by RWG’s extensive
resources, would provide exceptional representation to the Town and we look forward to
discussing our proposal with you. If you have any questions or comments, please do not hesitate
to contact us.
Very Truly Yours,
Kayser O. Sume
Chairman, Board of Directors
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor Investigation Services
Table of Contents
Table of Contents
Transmittal Letter..........................................................................................................................i
Scope of Services and Work Plan .................................................................................................1
Understanding of Requirements............................................................................................1
Technical Capabilities .............................................................................................................1
Work Plan ...............................................................................................................................1
Expertise and Experience .............................................................................................................2
Six Decades of Service ............................................................................................................2
A Premier Full-Service Firm ....................................................................................................2
Demonstrated Experience......................................................................................................3
Investigative Reports..............................................................................................................4
Team.............................................................................................................................................4
Dave Fleishman | Lead Attorney and Point of Contact..........................................................5
Rebecca Green | Senior Counsel............................................................................................5
Disclosure of Litigation/Discipline................................................................................................6
Pricing Proposal............................................................................................................................6
Fee Schedule...........................................................................................................................6
Items Billed Separately...........................................................................................................7
Adjustments............................................................................................................................7
Exhibits/Attachments:
Exhibit A Attorney Resumes
Exhibit B Investigative Report
Attachment 1 Conflict of Interest Statement
Attachment 2 Non-Collusion Declaration
Attachment 3 References
Attachment 4 Statement Regarding Insurance Coverage and Worker’s Compensation
Insurance Acknowledgement Certificate
Attachment 5 Sample Consultant Services Agreement
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor Investigation Services
Page 1
Scope of Services and Work Plan
Understanding of Requirements
We have read and understand the requirements in the Request for Proposal and scope of services
and we have the legal expertise and skills to provide employment and labor law services to the
Town.
RWG has the broad experience necessary to address virtually any legal problem and the depth of
personnel to do so quickly, efficiently, and expertly. We are known for resolving difficult issues
with creative solutions under the highest standards of professionalism and ethics. We
understand that identifying legal issues and constraints is only the first part of the job of
representing our clients, because finding effective solutions is the final measure of success.
Technical Capabilities
We have 24-hour access to electronic mail, the Internet, video conferencing, database services,
and legal research facilities, as well as word processing and other computer-based automation
tools. Using the latest technology, we are able to stay in immediate contact with our clients and
with one another to provide economical and timely delivery of legal services.
We have administrative help with word processing and printing, which minimizes the amount of
time attorneys spend on clerical matters. We also have the ability to scan seals, logos, and other
graphics, so that, with permission, they can be embedded into documents we prepare,
eliminating the need for later merges or reprints by the client. We transmit and receive
documents to and from clients in a number of ways, including emails with PDF or Word
attachments. Clients always should feel free to pick up the telephone, send an email, or request
a meeting to ask a question or request written advice. We pride ourselves on fast and efficient
communication with our clients.
Work Plan
At the beginning of any engagement, we would be pleased to meet with Town staff to introduce
our team, discuss the Town’s needs, and secure any relevant background information.
Depending on the nature and the volume of work that is anticipated, we will want to discuss the
Town’s desired communication methods and frequency to keep Town personnel informed of
work status. When specific assignments are made and lend themselves to a plan, we can suggest
a plan for discussion or Town approval. Discreet inquiries or small projects that are completed
quickly will be handled without a work plan to reduce the Town’s legal costs.
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor Investigation Services
Page 2
When it comes to interactions with the Town Manager, Town Attorney, and senior management
team, we regard accessibility and responsiveness as two of the most critical factors in the
provision of legal services. Our proposed members of the team can be reached by telephone,
mobile phone, and email, including when the attorney is out of the office or traveling. It is our
practice to be available to clients on a very short notice. Furthermore, we take pride in our ability
to completely and accurately respond to assignments and inquiries within whatever reasonable
time constraints are imposed and to manage our cases with extensive client communication and
input.
Expertise and Experience
Six Decades of Service
Founded in 1954, RWG employs a dedicated team of lawyers who specialize in the representation
of public entities of all types. We take an interdisciplinary approach to the challenges faced by
California public agencies. Our attorneys deliver practical and solution-oriented advice tailored
to the unique needs of our public clients. We have built a reputation as the lawyers of choice for
clients seeking reliable, efficient, and effective legal counsel to help achieve their goals.
A Premier Full-Service Firm
RWG is a premier, full-service law firm. While our proposal focuses on the labor and employment
services addressed in the RFP, we represent clients in all types of matters, from constitutional
law to tort litigation to real estate. The Firm previously has provided legal services for the Town
on matters similar to those described in the RFP, as well as on other matters. This breadth of our
practice areas provides a solid base for the practical labor and employment advice and
representation we provide to clients. Throughout California, public, private, and non-profit
entities rely on our Firm because we have assembled a large and diverse group of talented
attorneys who are dedicated to providing top-quality legal services with a “client first” attitude
and approach.
RWG has expertise in the wide variety of legal issues faced by our clients. We regularly represent
our clients in advisory and transactional matters, investigative and administrative proceedings,
and in litigation at all levels of the state and federal court systems. Our areas of expertise include:
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor Investigation Services
Page 3
Brown Act
CEQA
Coastal Act
Code Enforcement
Conflicts of Interest
Constitutional Law
Elections
Human Resources
Labor Negotiations
Landlord Tenant Law
Municipal Law
NPDES
Police and Fire practices
Public Finance
Public Retirement
Public Works
Real Estate Law
Tort Defense
Transportation Law
Water Law
Writs and Appeals
Demonstrated Experience
The Firm’s Labor and Employment Law Department represents employers in all aspects of the
employment relationship. We offer a full range of labor and employment legal services in human
resources administration, employment investigations, legal compliance,employer-employee
relations, and employment litigation, including the following:
Human resources administration, including work involving the application, interpretation,
and updating of employee handbooks, compensation and benefits, and policy compliance.
We also provide advice and representation in internal investigations and termination. We
have conducted training programs covering performance evaluations, workplace
investigations, family and medical leave programs, and harassment prevention. Recently our
Labor and Employment Department has provided training programs on AB 5, the Brown Act,
and Policy and Procedure Writing.
Compliance with employment laws such as those governing wages and hours (FLSA, California
Labor Code), equal employment (Title VII, FEHA, ADA, ADEA), protected leaves of absence
(FMLA, CFRA, PDL, Kin Care, Labor Code, military leave), and other employee rights (privacy,
whistleblower, Peace Officer Bill of Rights). We also have expertise in matters surrounding
the COVID-19 pandemic, including the Families First Coronavirus Response Act, and ADA
implications of COVID-19.
Employee relations including labor negotiations, MOU administration, meet and confer
issues, grievances, unfair labor practice charges, and grievance appeals. We work to remain
flexible in providing the employee relations services that will best serve the specific client
involved.
Employment litigation, with the overall goal of labor and employment counseling to avoid
litigation through a positive personnel program, preventive advice, and legally compliant
procedures. When litigation is unavoidable, we have been very successful in defending the
decisions of our clients in actions involving labor problems, alleged discrimination and
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor Investigation Services
Page 4
harassment, and challenges to disciplinary decisions. On behalf of our clients, we also appear
in alternative dispute resolution proceedings, such as mediation and arbitration, as well as
administrative proceedings before the California Department of Fair Employment and
Housing (DFEH), and the U.S. Equal Employment Opportunity Commission (EEOC).
Investigative Reports
Dave has completed the following reports for the Town of Los Gatos. We have not included
copies of these reports due to their confidential nature.
1.2020 Los Gatos Police Department investigation involving allegations of misconduct by
two police officers. (Report dated 10/14/2020)
2.2019 Los Gatos Public Works Department investigation involving allegations of
misconduct by a supervisor.(Report dated 9/11/2019)
3.2016 Los Gatos Police Department investigation involving allegations of misconduct by a
police officer.(Report dated 7/15/2016)
We have included a redacted copy of an investigative report completed by Rebecca Green as
Exhibit B.
Team
RWG is committed to giving the Town the attention of our talented attorneys, and to delivering
timely, high quality, and practical legal services on a cost-efficient basis. We believe that
establishing a client service team at the outset of representation is an invaluable tool to ensure
that the client’s needs and service expectations are continuously met.
The following attorneys will serve as the primary attorneys to provide the legal services for the
Town of Los Gatos as requested in the RFP, each of whom has confirmed his or her availability
and willingness to provide the services requested.
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor Investigation Services
Page 5
Dave Fleishman |Lead Attorney and Point of Contact
847 Monterey Street, Suite 206
San Luis Obispo, California 93401-3263
Direct:805.706.0962
E-mail:dfleishman@rwglaw.com
Dave has practiced extensively in the area of labor and employment law for both public and
private employers. His practice has focused on the representation of public agencies in an
advisory role as city attorney or general counsel in the areas of civil rights, Fair Labor Standards
Act, wrongful termination, employment investigations, as well as in public entity defense
litigation, including writs and appeals, public contracting, tort claims,and code enforcement. He
has prosecuted a significant number of disciplinary and grievance appeal hearings on behalf of
employers. He has served as lead negotiator for collective bargaining negotiations, and he has
represented agencies in labor disputes. He also has represented private employers throughout
California in wrongful termination, wage and hour, and other employment matters. Dave also
has volunteered as a board member and officer for a number of non-profit corporations. He
currently serves as the First Vice-President for the City Attorneys Department of the League of
California Cities.
Rebecca Green | Senior Counsel
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Direct:213.253.0217
E-mail:rgreen@rwglaw.com
Rebecca is Chair of the Labor and Employment Department. She specializes in advisory matters
and litigation, and has been practicing law for 14 years. She represents cities and public entities
on labor and employment issues including hiring, compliance with state and federal laws,
implementing personnel policies, preventing discrimination and harassment, providing
reasonable accommodations,administering discipline and termination, and managing labor
relations. Rebecca also assists in drafting employment contracts, separation agreements,and
memoranda of understanding;conducts workplace investigations;and provides training to
employers to ensure compliance with labor and employment laws.
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor Investigation Services
Page 6
A seasoned trial attorney, Rebecca represents clients in labor and employment disputes,
including in mediation, arbitration, administrative hearings, and litigation in state and federal
court. Rebecca’s experience as a litigator gives her a unique insight into the prevention and
negotiation of employment disputes, with an eye toward staving off litigation.
Rebecca clerked for the Honorable Richard A. Paez on the United States Court of Appeals for
the Ninth Circuit, and has been in private practice since then. Rebecca’s appellate-level
clerkship has helped her write many winning appellate briefs.
In addition to the summaries above, resumes for the team are included as Exhibit A.
Disclosure of Litigation/Discipline
Neither RWG, nor any attorney while employed at RWG, has ever been disciplined by the
California State Bar. Additionally, neither the Firm nor any attorney while employed at RWG has
ever been successfully sued for malpractice. We are unaware of any complaints to the State Bar
ever being made against any of our attorneys.
Pricing Proposal
Time incurred in providing legal services will be billed in increments of one-tenth of an hour. Our
invoices provide detailed explanations of tasks performed, dates of work, and the name of the
attorney that performed the work.
Fee Schedule
The proposed hourly billing rates for the core team members are as follows:
Attorney Rate
Dave Fleishman $250
Rebecca Green $250
To the extent that the services of other Firm attorneys with specialized expertise are required,
such services would be billed at a rate of $250 per hour for all attorneys and $155 per hour for
paralegals.
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor Investigation Services
Page 7
Items Billed Separately
Items such as mileage, photocopying, messenger and delivery services, and legal research
services will be billed separately at the rates detailed below.
Photocopying.Copies will be billed at five cents per page.
Mileage. RWG bills mileage at the standard rate established by the IRS for calculating the
operating expenses of an automobile used for business purposes, which currently is .56 cents per
mile.
All other costs, including messenger and delivery services and court reporter or court filing fees,
will be charged at the rate of the Firm's actual out-of-pocket expense. The Firm will not charge
for word processing and similar clerical tasks.
Adjustments
RWG proposes that commencing on July 1, 2023,and on each July 1 thereafter, the rates charged
above automatically shall be increased by a percentage amount equal to the percentage increase
in the United States Department of Labor, Bureau of Labor Statistics’ Consumer Price Index for
All Urban Consumers for the Western Region (or other applicable region as agreed upon by RWG
and the Town Council) (“CPI”) for the twelve-month period ending on the immediately prior
March 31. Should the Western Region CPI cease to be published in its entirety or on a periodic
basis ending on March 31, RWG and the Town Council shall negotiate in good faith for a mutually
acceptable alternative. Any other adjustments in the rates shall require prior approval of the
Town Council.
Town of Los Gatos
Statement of Qualifications for Independent Police Auditor Investigation Services
Exhibit A -Attorney Resumes
Exhibit A
Attorney Resumes
RICHARDS WATSON GERSHON www.rwglaw.com
Dave
FLEISHMAN
Of Counsel
CENTRAL COAST
T 805.439.3515
PRACTICE AREAS
Labor & Employment
Municipal & Public Agency
Law
FOCUS AREAS
Personnel & Human Resources
Public Records & E-Documents
Public Works & Public
Contracting
EDUCATION
J.D. cum laude, University of
Arizona School of Law
A.B., University of California,
Berkeley
Dave Fleishman has practiced extensively in the area of public law and in the
area of labor and employment law for both public and private employers. His
practice has focused on the representation of public agencies in an advisory role
as city attorney or general counsel, as well as in public entity defense litigation,
including writs and appeals, civil rights, Fair Labor Standards Act, wrongful
termination, employment investigations, public contracting, tort claims and
code enforcement. He has also represented private employers throughout
California in wrongful termination, wage and hour, and other employment
matters.
WORK FOR CLIENTS
He currently serves as City Attorney for the City of Pismo Beach and interim City
Attorney for the City of Solvang. He formerly served as City Attorney for the
cities of Guadalupe, Pacific Grove and Solvang, and deputy city attorney for the
City of Atascadero. He also previously served as assistant city attorney for the
City of Morro Bay. He was formerly Assistant General Counsel for the Cambria
Community Services District and the Los Osos Community Services District. He
also previously served as General Counsel for the San Simeon Community
Services District. He has served as special counsel for the City of Torrance and
City of Seal Beach civil service commissions. He has represented over 40 cities
and special districts in California and Nevada in various labor and employment
matters.
PROFESSIONAL EXPERIENCE
Prior to returning to Richards, Watson & Gershon, where he began his legal
career in 1991, Dave was a partner for nearly 25 years in the law firm of Hanley &
Fleishman, LLP, which focused on public agency representation throughout
California.
2
RICHARDS WATSON GERSHON www.rwglaw.com
PROFESSIONAL AND COMMUNITY AFFILIATIONS
Chairperson, Legal Advocacy Committee, League of California Cities, 2018-19, Member 2017-18, 2012-14
First Vice-President, City Attorneys Department, League of California Cities, 2020-2021
Member of Ad Hoc Committee - League of California Cities City Attorneys Department Listserv
Moderator – League of California Cities City Attorneys Department Listserv
Legislative Consultant – League of California Cities
EXPERIENCE
PUBLISHED OPINIONS
▶George v. City of Morro Bay, 177 F. 3d. 885 (9th Cir. 1999)
NEWS
Supreme Court Reaffirms “California Rule” for Public Agency Employee Pensions and Upholds PEPRA Changes
07.31.2020
PRESENTATIONS
Email and E-Records Retention Issues under the Public Records Act
League of California Cities City Attorneys Conference, 05.2013
Dealing With Disruptive Members of the Public
League of California Cities Annual Conference, 10.2002
PUBLICATIONS
Paper Terrorism: The Impact of the "Sovereign Citizen" on Local Government
Public Law Journal, Vol. 27, No. 2, 2004
Featured Lawyer
Wired Lawyers, 11 Law Office Computing 2, April/May 2001
Fleishman
RICHARDS WATSON GERSHON www.rwglaw.com
Rebecca
GREEN
Senior Attorney
LOS ANGELES
T 213.626.8484
E rgreen@rwglaw.com
PRACTICE AREAS
Labor & Employment
FOCUS AREAS
Discipline & Termination
Discrimination & Harassment
Litigation (Labor &
Employment)
EDUCATION
J.D., Harvard Law School
M.A., Harvard University
B.A., cum laude, Swarthmore
College
Rebecca represents cities, special districts, and other public agencies on labor
and employment issues including hiring and recruitment, compliance with state
and federal labor regulations, drafting and implementing personnel policies,
discrimination and harassment prevention, reasonable accommodation and the
interactive process, discipline and termination. Rebecca also conducts personnel
investigations and provides training to ensure compliance with the rapidly
evolving arena of labor and employment law. She represents clients in personnel
hearings, including appeals of discipline, and negotiates with employee
associations to resolve grievances and form memoranda of understanding under
the Meyers-Milias-Brown Act.
A seasoned trial attorney, Rebecca represents clients in employment disputes,
including in mediation, arbitration, administrative hearings and litigation. She
has successfully litigated collective actions under the Fair Labor Standards Act
and individual claims brought under the Fair Employment and Housing Act, as
well as a variety of disputes ranging from breach of employment contract to
Private Attorney General Act and whistleblower lawsuits.
PROFESSIONAL EXPERIENCE
Rebecca began her legal career as a white collar criminal defense attorney at
Kirkland & Ellis in Washington, D.C., where she worked with clients to ensure
compliance with federal and international laws. She moved to California to clerk
for the Honorable Richard A. Paez on the United States Court of Appeals for the
Ninth Circuit. Following her clerkship, Rebecca worked as a civil trial attorney,
representing clients in a wide variety of areas and focusing on employment
litigation. She also gained significant experience advising clients on
employment matters and negotiating employment disputes with the goal of
pre-litigation resolution.
2
RICHARDS WATSON GERSHON www.rwglaw.com
PROFESSIONAL AND COMMUNITY AFFILIATIONS
Member, Leadership Council on Legal Diversity
NEWS
"Beyond Bostock" by Rebecca Green Is Los Angeles Lawyer Magazine's February Cover Story
02.09.2021
Governor Signs Law Impacting COVID-19 Workplace Exposures
09.21.2020
Governor Signs Law Creating “Bona Fide Business-to-Business Contracting” Exemption to AB 5 for Public Agencies
09.08.2020
Department of Labor Addresses “Back to School” Issues Regarding Leave Under the Families First Coronavirus
Response Act
08.31.2020
Supreme Court Reaffirms “California Rule” for Public Agency Employee Pensions and Upholds PEPRA Changes
07.31.2020
EEOC Issues Updated Guidance Regarding COVID-19 Response
06.19.2020
Workplace Discrimination Against LGBTQ Employees Is Prohibited by Federal Law
06.17.2020
CalPERS Expands Its COVID-19 Frequently Asked Questions Webpage
05.08.2020
New Regulations Help Define the Families First Coronavirus Response Act (FFCRA)
04.03.2020
Department of Labor Issues New Guidance on the Families First Coronavirus Response Act
03.30.2020
New Regulations Regarding Employment of Retired Annuitants
03.19.2020
Green
3
RICHARDS WATSON GERSHON www.rwglaw.com
California Supreme Court Allows Elimination of “Air Time” Benefit but Avoids Reconsideration of the “California
Rule”
03.08.2019
Court of Appeal Takes Practical Approach to Police Discipline Statute of Limitations
07.09.2018
Mandatory Union Agency Fees Violate First Amendment
06.27.2018
PRESENTATIONS
Sexual Harassment Prevention for Elected Local Agency Officials
Institute for Local Government, 08.01.2019
Policy and Procedure Writing
Victorville City Hall, 03.13.2019
Sexual Harassment Prevention for Elected Local Agency Officials
California Contract Cities Association, Indian Wells, 12.11.2018
Workplace Implications of the Me Too and Time’s Up Movements
Municipal Management Association of Southern California, Women’s Leadership Summit, Yorba Linda, California,
05.09.2018
Green