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2024-932024-93 Resolution Appointing Labor And Employment Counsel To The Town of Wappinger At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March 11, 2024. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2024-93 Yes/Aye No/Nay Abstain Absent 2 Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter ❑ ❑ ❑ Q ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Seconder Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Casella. WHEREAS, on January 4th, 2016, the Town Board, received two proposals for labor and employment counsel following its Request for Qualifications, and NOW THEREFORE BE IT RESOLVED, that ROEMER WALLENS GOLD & MIN EAUX is appointed as labor and employment counsel to the Town of Wappinger, and NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to execute any documentation consistent to the actions within this resolution. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Dated: Wappingers Falls, New York 3/11/2024 The Resolution is hereby duly declared Adopted. JOSEj,yH,,'p. PAOLONI, TOWN CLERK AGREEMENT Made and entered into as of the 1st day of April, 2024, by and between the TOWN OF WAPPINGER by and through its Town Board, with its offices located at 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "TOWN" and ROEMER WALLENS GOLD & MINEAUX, LLP, Labor Relations Attorneys and Consultants, with its principal place of business located at 13 Columbia Circle, Albany, New York 12203, hereinafter referred to as ,,ROEMER WALLENS GOLD & MINEAUX." 1. The TOWN hereby retains and employs ROEMER WALLENS GOLD & MINEAUX as its Labor Relations Attorneys and Consultants to provide to the TOWN the following professional services for the period of time hereinafter designated. (a) Comprehensive negotiating services up to and including impasse resolution proceedings and interest arbitration as exemplified in Exhibit "A" which is attached hereto and made a part hereof for each of the following collective bargaining units in which terms and conditions of employment for the TOWN and its employees are negotiated: i) General Bargaining Unit (currently represented by Teamsters) ii) Highway Bargaining Unit (currently represented by CSEA) (b) Consultations and advice regarding the TOWN's rights and liabilities in connection with: i) Civil Service Law Taylor law iii) Fair Labor Standards Act iv) Public Officers Law v) Freedom of Information Law vi) Unemployment Insurance Law vii) Workers' Compensation Law -viii) Human Rights/Discrimination ix) Sexual Harassment Investigations x) Disability Benefits xi) Contract Administration and Enforcement xii) Grievances Filed Against Employer xiii) Employee Discipline Matters xiv) Work Rules xv) Layoff Procedures xvi) General Municipal Law xvii) Americans With Disabilities Act xviii) Family and Medical Leave Act xix) Omnibus Transportation Employee Testing Act of 1991 (CDL Drug Testing) xx) Pregnancy Discrimination Act xxi) Appointment of Non -Unionized Employees and related matters xxii) Civil Rights as it relates to the Employment Relationship xxiii) Such other laws, rules and regulations as may apply to the field of labor relations and personnel administration (c) Advice and representation in connection with: i) Initial steps of contract grievance procedure. ii) Pre -hearing matters before the Public Employment Relations Board (Improper Practice Charges, Managerial/Confidential Petitions, and Union representation challenges), including the preparation of pleadings (other than documents prepared in lieu of a hearing) and attendance at all pre -hearing conferences. Hearing preparation and settlement negotiations which lead to a settlement without a hearing are covered by paragraph 2 below. iii} Attendance at relevant Labor/Management meetings and meetings of the Legislative body and committees thereof (d) Periodic printed reports containing relevant information regarding public sector labor relations as obtained from Public Employment Relations Board decisions, New York State Court decisions, relevant Administrative agency decisions and other similar sources. {e} Management and supervisory training in connection with employee corrective action, contract administration and other topics agreed upon by the parties in an amount not to exceed one (1) day per calendar year. 2. ROEMER WALLENS GOLD & NUNEAUX hereby agrees that it will provide the TOWN, as requested by the TOWN, with those services not specifically covered by this Agreement, such as document preparation, negotiating settlements of disciplinary matters, grievances and other matters upon request, representation at the final step in administrative disciplinary proceedings against employees, representation at the final step in contract grievance proceedings, representation at hearings before the Public Employment Relations Board, including the preparation of documents prepared in lieu of a hearing, hearing preparation and settlement negotiations, as well as representation in labor related litigation in New York and Federal Courts at the following rates: Partner and Senior Associate Attorney In years 2024 and 2025, the hourly rate will be $270.00. In years 2026 and 2027, the hourly rate will be $280.00. Associate Attornev In years 2024 and 2025, the hourly rate will be $230.00. In years 2026 and 2027, the hourly rate will be $240.00. Paralegal In years 2024 and 2025, the hourly rate will be S 140.00. In years 2026 and 2027, the hourly rate will be $145.00. The foregoing includes disbursements such as postage for letters, in-house photocopy costs, local telephone charges and faxes_ The foregoing shall be exclusive of normal disbursements paid by the firm on behalf of the TOWN, such as court filing fees, computer research, consultants, appraisers, arbitration panel selection fees, out -of -office copy charges, express delivery charges and the like. 3. The TOWN and ROEMER WALLENS GOLD & MINEAUX agree that those representatives of ROEMER WALLENS GOLD & MINEAUX who perform services pursuant to this Agreement shall be approved in advance by the TOWN. 4. That in consideration of the foregoing, the TOWN hereby agrees to compensate ROEMER WALLENS GOLD & MINEAUX (inclusive of normal disbursements) as follows: a) One Thousand Nine Hundred Fifty Dollars ($1,950.00) per month from April 1, 2024 through March 31, 2025. b) Two Thousand Twenty -Five Dollars ($2,025.00) per month from April 1, 2025 through March 31, 2026. c) Two Thousand One Hundred Dollars ($2,100.00) per month from April 1, 2026 through March 31, 2027. 5. The term of this Agreement shall be from April 1, 2024 through March 31, 2027. The TOWN may terminate this Agreement earlier than March 31, 2027 upon thirty (30) days written notice from the TOWN to ROEMER WALLENS GOLD & MINEAUX. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. TOWN OF WAPPINGER o e By: eph D. Cavaccini, Supervisor ROEMER WALLENS GOLD & MINEAUX LLP I: James W. Roemer, Jr., Partner NEGOTIATION SERVICES Exhibit "A" The need for thorough preparation prior to the commencement of actual bargaining is often overlooked. We believe that preparation is a key element in assuring a successful outcome to the negotiation process. Preparation includes: • Reviewing the existing contract and offering advice regarding suggested modifications • Reviewing the existing work rules and practices • Reviewing grievances filed and arbitration decisions • Reviewing the demands presented by both Union and Management in the last negotiations • Reviewing the history of other benefit changes over the past six years • Reviewing the most recent settlements in similarly situated jurisdictions • Meeting with first line supervisors to ascertain their needs - both changes to the existing contract, as well as the needed additions to the contract • Meeting with senior officials to determine their needs and review the findings resulting from meetings with line supervisors IIB. Preparation of Demands II This phase of the process is flexible and is adapted to the needs of each jurisdiction. Generally, we recommend that Labor Counsel prepare suggested demands and that those demands be reviewed by you and modified to suit your needs. 11C. Selection of Negotiating Team I I We recommend that a cross-section of management representatives be appointed to the negotiating team so that the entire negotiating process can be "felt" at all levels of management. Managers appreciate the process to a much greater degree if they know and trust those who were directly involved. The negotiations are made much easier by careful planning and research as typified in "A", "B", and "C" above. We will participate fully in all phases of negotiations including renegotiation preparatory sessions, face-to-face meetings at the bargaining table, management caucuses, and, it necessary, the impasse process. We will maintain a detailed record of the negotiations for use in future proceedings. Communications Meetings with key management personnel will be scheduled throughout the negotiating process to inform them of progress in the negotiations and to recommend position modifications. F. - Drafting the Contract All changes agreed upon in the negotiations process will be reduced to contract language which accurately reflects the agreement and is readily understood by Union and Management representatives, as well as those important persons not present at the bargaining table such as arbitrators. G. Ratification After a tentative agreement has been entered into, it must be presented to and approved by the appropriate Legislative body. We will appear before such body and make all necessary presentations to explain the proposed agreement_ H. Conduct Management Information Sessions At the conclusion of negotiations it is extremely important that all changes be identified and explained to supervisors and managers. General information on reasons for the changes or failure to achieve desired changes must be explained so that managers are fully supportive of the new contract.