Title
Human Resources recommending the Board consider the following:
1) Make findings in accordance with Ordinance 3.13.030 that a contract for professional personnel investigations and mediation is necessary to protect against a conflict of interest or to ensure independent and unbiased findings where there is a need for an outside perspective;
2) Approve and authorize the Chair to sign Amendment I to Agreement 5532 with Municipal Resource Group, LLC (MRG) to increase compensation by $65,000, for a new maximum compensation amount of $275,000, and update the billing rates; and
3) Authorize the Purchasing Agent to execute any necessary amendments relating to Agreement 5532, excluding term extensions and increases to compensation, contingent upon approval by County Counsel and Risk Management.
FUNDING: Countywide, General Fund and non-general fund.
Body
DISCUSSION / BACKGROUND
Human Resources receives complaints of alleged misconduct in the workplace, including discrimination, harassment, retaliation, and abusive conduct by County employees. Human Resources may conduct investigations of these complaints in accordance with County policy or rule, including Board Policy E-5 and Personnel Rule 309.4, or as affected department heads deem necessary. The department has contracted with outside vendors when special skills and qualifications are involved in the performance of the work, when it is necessary to protect against a conflict of interest and obtain an outside perspective to make independent and unbiased findings, or when it is otherwise necessary to ensure a prompt and thorough investigation and resolution of the complaints filed. The nature of the work involves temporary, occasional, and urgent services. The County has contracted with MRG since 2014 for personnel investigation services.
MRG has held all currently contracted rates since the contract was executed in June 2021. When Amendment I was addressed, they requested to increase their billing rates as their internal rates had increased in January 2023. The rates have increased 30% for Principal Investigators, Workplace Investigators, and Post Investigative Deposition/Testimony. The proposed Amendment will increase the rates through the end of the contract term in August 2024.
The proposed Amendment will increase compensation by $65,000 and increase the billing rates through the end of the contract term.
ALTERNATIVES
The Board could choose not to approve this amendment and instead allocate additional personnel and funding for the hiring and development of additional workplace investigators and mediators. Given the sporadic nature of complaints, however, and the need for sufficient availability of external investigators and mediators when subject matter expertise, conflicts of interest, or potential litigation issues arise, this alternative is not recommended.
PRIOR BOARD ACTION
21-0931 - On June 29, 2021, the Board authorized the Chair to sign Agreement 5532 with Municipal Resource Group, LLC to provide professional employee investigations and mediation, for the period of August 17, 2021 through August 16, 2024 for a total not-to-exceed amount of $210,000.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurement and Contracts, County Counsel, and Risk Management.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Human Resources is reimbursed for costs associated with investigations from the department in which the complaint is filed. This results in the agreement being funded from a variety of departments from within their allocated resources. Departments also reimburse Human Resources for direct costs borne by complaints. Departments from which multiple complaints are filed, or for which complaints are more extensive or complex, will be financially impacted more than others given the increased cost to investigate and resolve such complaints. For all other specialized personnel services rendered under this agreement, as requested by or for Human Resources, funding for this agreement is available in the Human Resources budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Clerk of the Board to obtain the Chair’s signature on one (1) copy of Amendment I to Agreement 5532 and return to CAO Fiscal, attention Kelley Lawrie.
STRATEGIC PLAN COMPONENT
Good Governance.
CONTACT
Joseph Carruesco, Director of Human Resources