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HomeMy WebLinkAbout2003-05-12-memoMemorandum To: Legal Services Committee CC: School Committee From: Joanne Benton Date: 5/12/03 Re: Stoneman, Chandler & Miller Legal Services Attached please find the following: ➢ A description of the history of the legal services and breakdown of percent of services ➢ Stoneman, Chandler and Miller Contract 1998 -2001 ➢ Proposed Contract 2002 -2004 ➢ Legal Services costs for the past five years I look forward to seeing you on Monday, May 19' at 7:00 p.m. at 1557 Massachusetts Ave. 1 ALAN S. MILLER ROBERT CHANDLER CAROL CHANDLER KAY A. HODGE ROBERT G. FRASER MACON P. MAGEE REBECCA L. BRYANT GEOFFREY M BOK NANCY N. NEVILS 99 HIGH STREET BOSTON, MASSACIWSETTS 02110 Telephone (617) 542 -6789 Facsimile (617) 556 -8989 DECEpWE I LIMY 6 REEO SUPEWNTENOENT'S OFFICE SANDRAL.MOODY JOAN M. SIMON KATHERINE D. CLARK GINA YARBROUGH SCOTT MERRH.L MA2IAMIC FREEDMAN of counsel May 5, 2003 Supt. `Joanne Benton Lexington Public Schools 1557 Massachusetts Ave. Lexington, MA, 02173 Dear Supt. Benton: RE: Legal Services This letter responds to your request for information about the percentage of time spent on the various topics listed in your memo dated April 27, 2003' regarding legal services. As I am sure you can appreciate, the percentage of time spent on any one of these matters and others varies greatly from time to time depending upon a wide variety of factors and activity over which neither we nor school administrators have control. Stoneman, Chandler and Miller ( "SCM") attorneys have represented the Lexington School Department since the late 1960's. I have been directly involved with Lexington as the lead counsel since the late 1980's. Throughout this time, personnel and labor relations issues have represented the majority of work that we have done for Lexington. In recent years, however, the time devoted to special education and other student related matters has grown significantly. Moreover, individual matters such as the Dupre Arbitration, the Goodrich Cases, Waring Case the Geiger and Ruane's severances, working with the School Committee's policy sub - committee, and most recently the Fiske School child abuse case and the BSEA case involving accoustical modifications have during their own timeframes involved a great deal of time and yet over a 30 plus year perspective they are not the primary way in which we have worked with Lexington School Department. If I had to identify the primary focus of what we have done through the 30 plus years representing Lexington, it is the on -going often daily interaction we have had with school officials regarding the whole range of legal issues they have encountered and the history of how things have been handled in Lexington in the past. In some respects each of these interactions is a mini in- service session on the legal issues related to the topics involved. STONEMAN, CHANDLER & We have worked successfully with 10 different administrations and more-than 25 STONEMAN, CHANDLER & MILLER LLP Supt. Joanne Benton May 5, 2003 Page 2of2 different school committees. Pleased see the attached list from your memorandum. I have provided an estimated percentage of the time devoted to the major categories in the past three years and rank ordered the topics listed for each group based upon an estimate of the total amount of time spent on that topic. If we can help the legal services study committee in any way, please let us know. i Enclosure 030505.JB.legal services Estimated Distribution of Legal Services Provided by Stoneman Chandler & Miller LLP 2000-2003 Personnel Issues 25% Progressive Discipline Supervision & Evaluation Professional Status Terminations Licensure Personnel Files FMLA Worker's Comp. Unemployment Insurance Student Issues 25% SPED SPED - TEAM meetings, mediation and hearings Suspension & Expulsion Hearings 504 Student Athletes General Legal Issues 20% Due Process Rights Abuse Harassment Open Meeting Laws Access to Public Records Privacy Rights Academic Freedom School Construction Government Funding & Grants Labor Relations /Collective Bargaining 10% Contract interpretation questions Bargaining with custodians Bargaining with Tutors Grievances Contract issues re special education placements Salary Schedules Interest Based Bargaining Positional Bargaining Educational /training Services 5% Training for Administrators in a variety of areas In- service training and workshops Business Office 5% Residency Issues Student Transportation Issues Public Records Information Procurement Issues Other 10% Emails and legal updates Discrimination issues Review and drafting of forms and documents Policy development and drafting Investigations DOE complaints OCR complaints CORI Issues Health insurance issues Immigration issues -06 01 FRI 12:17 FAX 6175568989 STONEMAN CHANDLER MILLER U002 STONEMAN, CHANDLER St MILLER LU RECD J U E 2 2 199 99 HIGH SnMET ALAN S. MILLER BOSTON. UASSAC'U[J,SEM 02110 NANCY N. NE91L5 ROBERT CHANDLU GEOPPRff R. Bo CAROL CHANDLER (617) 542 - 67$9 JOAN L. STE[N KAY H. HODGE KAREN SHAPBER LEVY ROURT G. FRASER TELECOFIER (617) 556-B90 3ANDRA L. MOODY MARY L. MARSHALL MACON P- MAGEE RONALD M.JACOHS MIRIAM K. MEDMAN ANDREW L' MATZ REBECCA L. 9RUNT � Dr . Je f f rey Young Lexington Public Schools 1557 Maeeciclxusetts Avenue Lexington, MA 021 RE: Retai=ler for Legal Servicee Dear Jeff: our 4r�ra.-s, wi L- t- Qr> we e been provid p r fiscal year. b en billed at ottx $$4,200. to that the current retainer agreement in effect since 1993- Since that time, eexvices at the same rate, i.e. $30,000 cea ' =;t .reti�ia:z�e During FY9 8 , we of work under the retainer. Had that work stomary hourly rates it would have been We be ve that the type of full- service retainer under whit we have operated with Lexington (and other clients) is the best and most economical way to fulfill a school district's needs. in olir experience, thet best predictor of future needs is Past experience, Mindful of your needs and ours, we would o llowing agreement for the period fram 1, 19?B We would continue to provide all of the following services Pursuant to a retainer agreement: Personnel & Labor Relations - Contract negotiations, contract administration, grievance processing and labor relations consultations; consultations and Legal opinions on all matters wQuId be included but a nuestitiQns, har�in ariratic�ns 1xigticn W ain be tzi hourly rt�is . 06 - 01 -01 11:08 RECEIVED FROM:6175568989 P_A7 clI 1_ c Tt d � Y F to that the current retainer agreement in effect since 1993- Since that time, eexvices at the same rate, i.e. $30,000 cea ' =;t .reti�ia:z�e During FY9 8 , we of work under the retainer. Had that work stomary hourly rates it would have been We be ve that the type of full- service retainer under whit we have operated with Lexington (and other clients) is the best and most economical way to fulfill a school district's needs. in olir experience, thet best predictor of future needs is Past experience, Mindful of your needs and ours, we would o llowing agreement for the period fram 1, 19?B We would continue to provide all of the following services Pursuant to a retainer agreement: Personnel & Labor Relations - Contract negotiations, contract administration, grievance processing and labor relations consultations; consultations and Legal opinions on all matters wQuId be included but a nuestitiQns, har�in ariratic�ns 1xigticn W ain be tzi hourly rt�is . 06 - 01 -01 11:08 RECEIVED FROM:6175568989 P_A7 410 01 FRI 12:18 FAX 8175568989 STONEMAN CHANDLER MILLER x]003 - ONEMAN, CHANDLER & MILLER LLP Dr. Jeffrey Young July 14, 1998 page two Special Education - C04sultations, legal opinions, correspondence and 4 casts analysis for all special education mt a:rs Mc3iata ons, h:criri and la,G�.g� ton wauld b+� €gin an' hc�u.�'l�r ,, General School Law - Consultations and legal opinions .relative to. all general school law matters, prepara- tion of contracts and attendance at school committee meetings when z7ecessa.ry. Invest at-;,k �- e gs and 14 ^ 1" ii�t- �Y. �!'• Af�r�,�rca...rarrtri.:lae7r-r..,. Tht retainer from July 1, 1998 to June 30, 1999 would be at the rate of $40. t July 1,, 1999 to June 30, 2000 w©uld be ,t10 0 and July 1; 2000 to June 30, 2001 would beCi�t30 All other services not c ove red by the retainer would be at O ur t. Hourly rates are We have enjoyed working with you and the Lex7�1 on staff and look forward to a continuing relationship, If this arrangement is satisfactory, kindl�r/ have the enclosed copy of this letter signed and returned to me./ Thank you for your attention to this ma. Sincerely, obert G. Fraser Approved by the Lexington School Committee: Chairma er. Z tqq$ Dalt e? G y 06 - 01 -01 11:09 RECEIVED FROM:6175568989 n_raR STONEMAN, CHANDLER & MILLER LLP 0-(M ltl%rf� ?Dgr .ZOO I 99 HIGH STREET BOSTON, MASSACHUSETTS 02110 ALAN S. MILLER ROBERT CHANDLER CAROL CHANDLER KAY II. HODGE ROBERT G. FRASER MACONP.MAGEE MIRIAM K. FREEDMAN REBECCA L. BRYANT Phone (617) 542 -6789 TELECOPIER (617) 556 -8959 NANCY N. NEVILS GEOFFREY R BOK JOAN L. STEIN SANDRA I.. MOODY JOHN M. SIMON KATHERINE D. CLARK GINA YARBROUGH Supt. Joanne Benton Lexington Public Schools 1557 Massachusetts Avenue Lexington, MA 02173 February 22, 2002 RE: Retainer for Legal Services Dear Joanne: Susan Botan called yesterday asking for a copy of our current retainer letter with Lexington. You may recall that Susan, you and I met last summer regarding renewal of Lexington's retainer with the firm and you asked Susan and I to have further discussions to work out the details. Unfortunately, I did not get back to Susan with an updated letter reflecting the tentative agreement we had reached following our initial meeting with you. Therefore, I am enclosing an updated retainer letter for the school committee's consideration. Please let me know if you require any further information. Sincerely, Robert G. Fraser Cc: Susan Botan Lexington. retainer.020222.JB STONEMAN, CHANDLER & MILLER LLP ALAN S. MILLER ROBERT CHANDLER CAROL CHANDLER KAY IL HODGE ROBERT G. FRASER MACON P. MAGEE MIRIAM K. FREEDMAN REBECCAL.BRYANT Supt. Joanne Benton Lexington Public Schools 1557 Massachusetts Avenue Lexington, MA 02173 99 HIGH STREET BOSTON, MASSACHUSETTS 02110 NANCYN.NEVILS Phone (617) 542 -6789 AN L� IN OK TELECOPIER (617) 556 -8989 JOHN M. SIMON DY KATHERINE D. CLARK GINA YARBROUGH February 21, 2002 RE: Retainer for Legal Services Dear Supt. Benton: Our records indicate that the current retainer agreement with Lexington has been in effect since July 1, 1998. The hours worked and amount paid are as follows: Fiscal Year Hours Amount 98 -99 396 $40,000 99 -00 . 499 $45,000 00 -01 484 $50,000 oasis wourcl ave.exceeaea me reta I-or example, during FY01, we provided 484 hours of work under the retainer. Had that work been billed at our customary hourly rates it would have been more than, 96,0,00 We believe that the type of full - service retainer under which we have operated with Lexington (and other clients) is the best and most economical way to fulfill a school district's needs. In our experience, the best predictor of future needs is past experience. Mindful of your needs and ours we would propose the following agreement for the period from .Iluly 1; 201 d" une 30, 2014. We would continue to provide all of the following services pursuant to a retainer STONEMAN, CHANDLER & MILLER LLP Supt. Joanne Benton February 21, 2002 Page 2 of 3 agreement: Personnel & Labor Relations - Contract negotiations, contract administration, grievance processing and labor relations consultations; consultations and legal opinions on all matters would be included but,nvestgatjons, °;hearings, Special Education - Consultations, legal opinions, correspondence and initial case analysis for all special education matters le�ttatiors, hent gs and litiga #ron would be on ari hourly rate General School Law - Consultations and legal opinions relative to all general school law matters, preparation of contracts and attendance at school committee meetings when necessary. Inves #rgat�ons, hearings and Itrga #ipn are .provided on an hourayfrate. The retainer from July 1, 2001 to June 30, 2002 would be at the rate cif "52 t Cf4; July 1, 2002 to June 30, 2003 would be $ nd July 1, 2003 to June 30, 2004 would be All other services not covered by the retainer would be at our customary hourly rates that currently range from X1'$0 per h ©ur #ti $260:40 p-er tou" Hourly rates are adjusted annually on January 1 st. We have enjoyed working with you and the L xington staff and look forward. to a continuing relationship. If this arrangement is satisfactory, kindly hav the enclosed copy of this letter signed and returned to me. Thank you for your attention to this matter.f 4 Sincerely, Robert G. Fraser STONEMAN, CHANDLER & MILLER LLP Supt. Joanne Benton February 21, 2002 Page 3 of 3 Approved by the Lexington School Committee: Chairman Date LeA ngton. retai ner.01 -04 LEXINGTON PUBLIC SCHOOLS _EGAL SERVICES FEES: Stoneman Chandler & Miller EXPENSES Retainer Fee % change Other Fees % change TOTAL % change FY 1998 $ 30,000 $ 44,000 $ 74,000 FY 1999 $ 40,000 33% $ 33,000 -25% $ 73,000 -1% FY 2000 $ 45,000 13% $ 56,000 70% $ 101,000 38% FY 2001 $ 50,000 11% $ 50,000 -11% $ 100,000 -1% FY 2002 $ 52,000 4% $ 113,000 126% $ 165,000 65% FY 2003 (projected) $ 54,000 4% $ 86,000 -24% $ 140,000 -15% s.bottan may 8, 2003