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The Law Firm of Zampi, Determan & Erickson LLP has assembled a team of professional educators and attorneys who possess significant talent and experience and have specialized in supporting the work of school and community college boards and administrators for the past twenty-five (25) years. Those services include developing and updating district policies and regulations, acquiring and managing school facilities, dealing with issues relating to the construction and assisting in resulting bid protests, assisting in the resolution of employee disputes, vendor contract review, disciplining/terminating employees, expelling students, collective bargaining, processing and responding to grievances and unfair practices charges, and providing day to day advice to board members and administrators on a variety of other issues that routinely arise. Should the need arise, this firm also has considerable experience in litigating school and college-related matters before state and federal courts, the Public Employee Relations Board, the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the U.S. Office of Civil Rights, the California Employment Development Division, and the State Labor Commissioner.
In addition, we have personally negotiated a substantial number of collective bargaining agreements since the inception of the Educational Employment Relations Act. During those negotiations we have seen, analyzed, and responded to almost every conceivable type of proposal made by employee organizations. Our experience has involved successful negotiations with NEA/CTA, AFT, AFL/CIO, CSEA, SEIU, IUOE, Teamsters, and other employee representatives.
The Law Firm of Zampi, Determan & Erickson LLP has extensive experience and expertise in the following areas:
Our firm regularly provides clients with information relative to employer-employee relations. The majority of the work we do for our clients is targeted to help the client avoid employment, labor relations and organizational disputes. In our experience, we have found that positive employment and labor relations require that the parties work to resolve the underlying problems in a cooperative fashion which addresses the needs and interests of both parties.
- Review of Contract Proposals from Employee Organizations and Assistance in Preparing the Initial Responses as Well as Subsequent Development of Collective Bargaining Language
We recommend that our clients take a reasonable, but proactive position that will effectively facilitate the achievement of important educational, managerial and organizational goals. We believe that properly designed, structured and executed collective bargaining proposals can solicit concessions from labor that will facilitate important organizational goals. We also believe that the educational and organizational goals of our clients are best achieved when management proactively presents bargaining proposals designed to facilitate and achieve important organizational goals. Presenting proposals designed to obtain reasonable and productive counter proposals from their employee organizations, rather than merely responding to labor's initial demands which many times are crafted solely to impair management's responsibility to forward the mission of their organization, is an important aspect of successful labor relations and enhanced organizational productivity.
Our firm has reviewed several hundred initial proposals from various employee representatives. Depending on the specific requirements of a particular client, we evaluate the proposal, analyze its legal, managerial and organizational impact, identify hidden problems inherent in the proposal, and provide the negotiator and governing board with options for their consideration in responding to each part of the proposal. Additionally, we attempt to compare proposed contract language with that proposed or adopted in other school and community college districts throughout California.
Once we analyze the provisions contained in the initial proposal of the employee organization, we will assist the president/superintendent and negotiator in drafting the initial district proposal. When requested to do so, our firm is prepared to represent our clients “at the table” during the bargaining process.
Our firm assists clients in the development of contract language by identifying and providing sample contract language enabling them to be fully apprised of its options. This, of course, includes a review of the latest legal developments which may affect the desirability of proposed contract wording.
Our firm includes over 30 years of successful negotiation experience with a wide variety of school and community college districts. Our negotiation style is predicated on an experienced-based sensitivity to the client’s needs. We are comfortable and successful with either interest-based or traditional forms of negotiation.
- Participating in Labor Negotiations at the Bargaining Table
In addition to providing support and background work in preparation for negotiations, our attorneys have personally sat at the bargaining table and negotiated countless collective bargaining agreements since the inception of the Educational Employment Relations Act. During those negotiations we have seen, analyzed, and responded to almost every conceivable type of proposal made by employee organizations. Our experience has involved successful negotiations in both traditional and interest-based collective bargaining with NEA/CTA, AFT, AFL/CIO, CSEA, SEIU, IUOE, Teamsters, and other employee representatives.
- Negotiation Team Training
We routinely conduct training and in-service programs for negotiation teams, management teams, boards, site-councils, administrative councils, and other administrative personnel. Examples of these services would include interest-based bargaining, sessions on contract administration, pre-negotiations planning sessions with the district’s bargaining team, training in the proper management of the grievance process and management education regarding the implications of pending legislative changes. Additionally, we provide advice on the development and application of recommended policies governing employer-employee relations that are not typically negotiated during the collective bargaining process. This would include advice with regard to equal employment law, obligations under various state and federally sponsored programs, and advice concerning employer-employee relations programs.
Advice Concerning Legislation and Court Decisions Pertaining to Labor Law, Employment Policies and Educational Law Our firm maintains an expansive, up-to-date law library covering all aspects of educational law and labor relations developments in the public sector. The firm also uses extensive computer-based resources to effectively support and serve the interest of our clients. In this regard, we continually monitor current and pending legislation, court and PERB decisions, decisions from outside of California that can influence future or pending decisions within California, and administrative regulations and rulings regarding matters primarily relating to employer-employee relations and school educational law.
We regularly furnish our clients with information highlighting these latest developments, including regional and statewide surveys of bargaining trends. Additionally, we also author a series of Newsletters identifying and alerting our clients of emerging issues in the area of labor law, employment relations and school educational law that can positively support or adversely affect their ability to govern their institutions effectively.
- Representation in Grievance Proceedings Including Arbitration, and Before Federal and State Non-Discrimination Agencies
The broad and extensive experience of the attorneys of the firm of Zampi, Determan & Erickson LLP in Employment Law/Labor Relations has resulted in establishing an enviable track record in successfully representing school and community college district clients in all phases of the negotiations, impasse, mediation, fact-finding and when necessary, litigation process. Arbitration of employee grievances, litigation/hearings regarding Education Employment Relations Law, and PERB proceedings are all part of the spectrum of services and representation we provide our clients.
As noted earlier, the law firm has extensive experience litigating both in State and Federal courts employment discrimination, sexual harassment, leaves of absence, employee discipline and termination (before school boards and courts), health and welfare benefits (including retiree benefits), unfair practice charges and representation petitions, Personnel Commission directives and regulations, Title 5 regulations, including in-house promotion issues, destruction of records, etc., collective bargaining agreement management, training, impasse (mediation and fact-finding) and rights arbitration, as well as interest-based negotiations. Additionally, many of our lawyers have had a variety of experiences regarding law enforcement personnel matters, including the Police Officers Bill of Rights.
- Employee Discipline
An important part of our client service is providing advice and representation in connection with employee discipline. We have represented our clients in numerous discipline and termination hearings for both faculty and classified employees. We are further prepared to advise our clients regarding effective discipline strategies that comply with county, state, and federal regulations.
We regularly advise our clients concerning the rights of employees, students and parents guaranteed under both the state and federal constitutions. We have been called upon to advise clients of their rights and responsibilities relating to police and/or school administrative search and seizure of students and student property, police and administration questioning of students, privacy rights of students as they related to public records requests and most recently as they relate to health issues involving HIV and AIDS. We have experience in advising clients regarding the freedom of speech and association of students as it relates to student newspapers, political rallies and demonstrations by students and student organizations both on and off campus.
Our attorneys regularly work with our clients in advising and assisting them in the issues involving the discipline, suspension and expulsion of students. We assist our clients in conducting their investigations of incidents that may result in student discipline. We also assist our clients in drafting charges, notices or other necessary documentation whether it be for the discipline, suspension or expulsion of the student.
The Law Firm of Zampi, Determan & Erickson LLP has broad experience in the area of special education and, we feel, a genuine sensitivity and sophistication with regards to rights related to special education. The firm is conversant with the general rights of disabled students, the responsibility of the client with regards to assessment, the development of individualized education programs and rights related to due process hearings and complaints. Our attorneys have participated in due process hearings and have successfully represented clients in the expulsion and subsequent appeal of special education students who were excluded from school because of their behavior.
Our firm can provide orientation to and process training for, clients undertaking the Strategic Planning process. Our attorneys are prepared to provide the internal and external support necessary to develop a successful Strategic Plan. Attorneys of the firm are also trained and prepared to provide facilitation and implementation support to those who must implement the Strategic Plan following its adoption by the district’s governing board.
Attorneys in the firm have been trained in the widely recognized Cambridge Strategic Planning Model. The Cambridge Strategic Planning Model is the preeminent planning model used in educational and public sector organizations throughout the United States today. The Cambridge model has proven to be very effective in enhancing the performance of public sector organizations. Besides being the recommended planning model by the attorneys of Zampi, Determan & Erickson LLP, the Cambridge model is endorsed by the National School Boards Association (NSBA), the California School Boards Association (CSBA) and the American Association of School Administrators (AASA).
Our firm provides the following services in addition to those already delineated above:
- Advice as requested on equal employment law matters ranging from claimed violations of the Equal Pay Act to limitations on federal funding due to claimed discrimination.
- Unlimited access to our extensive labor relations and educational law library materials.
- Periodic board policy updates and Education Code revisions, which are provided to all Zampi, Determan & Erickson LLP clients.
- Brown Act; advice, training and litigation over Brown Act issues
- Construction Claims & Contracts
- Lay-offs and non-renewals of faculty, classified, and administrative employees, including the preparation of the appropriate notices and papers, conduct of hearings where appropriate, and negotiation with labor unions over the impacts and effects of the lay-offs
- Certificated and classified discipline and termination (including a substantial number of employees discharged for improper conduct) before arbitrators, administrative law judges, and state and federal courts
- Wrongful termination (lawsuits and preventive advice)
- Development of job descriptions, reclassification studies, and wage and hour surveys for numerous school and college district clients
- Employment discrimination defense before the Equal Employment Opportunities Commission and the Department of Fair Employment and Housing, as well as state and federal courts, employee and student sexual harassment, discrimination actions, molestation, student-related sexual misconduct
- Management issues that members of governing boards and district administrators confront and must successfully resolve on a daily basis
- Training needs that empower governing boards and district administrators to effectively administer complex organizations such as school and community college districts
- Searches to fill vacant administrative positions
- Assisting districts in human resource or personnel emergencies by providing interim administrative support, i.e., Interim Assistant Superintendent positions
The Law Firm of Zampi, Determan & Erickson LLP has specialized in representing public agencies for the past twenty-five (25) years. Those services include developing and updating policies and regulations, acquiring and managing facilities, dealing with issues relating to the construction and assisting in resulting bid protests, assisting in the resolution of employee disputes, contract review, disciplining/terminating employees, collective bargaining, processing and responding to grievances and unfair practices charges, and providing day to day advice to governing board/council members and administrators on a variety of other issues that routinely arise. Should the need arise, this firm also has considerable experience in litigating public agency matters before state and federal courts, the Public Employee Relations Board, the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the U.S. Office of Civil Rights, the California Employment Development Division, and the State Labor Commissioner.
In addition, we have negotiated a substantial number of collective bargaining agreements and have analyzed, and responded to almost every conceivable type of proposal made by employee organizations. Our experience has involved successful negotiations with NEA/CTA, AFT, AFL/CIO, CSEA, SEIU, IUOE, Teamsters, and other employee representatives.
The Law Firm of Zampi, Determan & Erickson LLP has extensive experience and expertise in the following areas:
- Collective bargaining with labor unions (both traditional and interest-based bargaining)
- Brown Act; advice, training and litigation over Brown Act issues
- Construction Claims & Contracts
- Contract and business management; advice, litigation and assistance regarding interpretation of Public Contract Code and applicable regulations
- Bidding process; advice, assistance, and evaluation of bid protests
- Review of contracts, leases, proposals from other agencies and directives
- Construction and design defects
- Lay-offs and non-renewals of employees, including the preparation of the appropriate notices and papers, conduct of hearings where appropriate, and negotiation with labor unions over the impacts and effects of the lay-offs
- Review of employment practices to assure compliance with labor and equal opportunity statutes
- Employee discipline and termination before arbitrators, administrative law judges, and state and federal courts
- Preparation of personnel policies and collective bargaining agreements
- Grievance defense including arbitration and superior court actions requiring district representation
- Wrongful termination (lawsuits and preventive advice)
- Development of job descriptions, reclassification studies, and wage and hour surveys
- Employment discrimination defense before the Equal Employment Opportunities Commission and the Department of Fair Employment and Housing, as well as state and federal courts
- Sexual harassment, discrimination actions, litigation
- Union organizing and collective bargaining claims
- Labor-management relations
- Unfair labor practice charges (such as promotions, layoffs, discharge, recruiting practices and discrimination)
- Management issues that members of governing boards/councils and district administrators confront and must successfully resolve on a daily basis
- Training needs that empower governing boards/councils and district administrators to effectively administer complex organizations
- Searches to fill vacant administrative positions
- Assisting districts in human resource or personnel emergencies by providing interim administrative support
The Law Firm of Zampi, Determan & Erickson LLP has considerable experience representing employers and small business owners, include developing and updating employment handbooks, construction, assisting in the resolution of employee disputes, vendor contract review, disciplining/terminating employees, collective bargaining, and providing day to day advice to management on a variety of other issues that routinely arise. Should the need arise, this firm also has considerable experience in litigating labor and employment matters before state and federal courts, the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the U.S. Office of Civil Rights, the California Employment Development Division, and the State Labor Commissioner.
In addition, we have negotiated a substantial number of collective bargaining agreements and have analyzed, and responded to almost every conceivable type of proposal made by employee organizations. Our experience has involved successful negotiations with NEA/CTA, AFT, AFL/CIO, CSEA, SEIU, IUOE, Teamsters, and other employee representatives.
The Law Firm of Zampi, Determan & Erickson LLP has extensive experience and expertise in the following areas:
- Collective bargaining with labor unions (both traditional and interest-based bargaining
- Construction Claims & Contracts
- Contract and business management; advice, litigation and assistance regarding interpretation of Public Contract Code and applicable regulations
- Bidding process; advice, assistance, and evaluation of bid protests
- Review of contracts, leases, proposals from other agencies and directives
- Construction and design defects
- Lay-offs and non-renewals of employees, including the preparation of the appropriate notices and papers and negotiation with labor unions over the impacts and effects of the lay-offs
- Review of employment practices to assure compliance with labor and equal opportunity statutes
- Employee discipline and termination
- Preparation of personnel policies and collective bargaining agreements
- Grievance defense including arbitration and superior court actions requiring district representation
- Wrongful termination (lawsuits and preventive advice)
- Development of job descriptions, reclassification studies, and wage and hour surveys
- Employment discrimination defense before the Equal Employment Opportunities Commission and the Department of Fair Employment and Housing, as well as state and federal courts
- Sexual harassment, discrimination actions, litigation
- Union organizing and collective bargaining claims
- Labor-management relations
- Unfair labor practice charges (such as promotions, layoffs, discharge, recruiting practices and discrimination)
- Management issues that management confront and must successfully resolve on a daily basis
- Training needs that empower employers to effectively administer complex organizations
Our firm is well versed in construction law from project inception through litigation of claims, if necessary, including bid protests. Several of the firm’s public sector clients have already passed Proposition 39 bonds or will be placing a bond initiative on a future ballot. We can provide legal counseling on the procurement of land for a new campus, as well as providing legal services associated with the solicitation for a program/project manager, architect and construction manager. Our firm can also provide legal advice relating to alternate project delivery methods, such as construction manager at risk and design-build as alternates to the traditional design, bid, and build project delivery method.
Additionally, we provide services in drafting and review of the various RFP/RFQs for program/project managers, architect/engineers, construction managers, inspectors of record, contractors and specialty consultants (i.e., surveyors, geotechnical engineers, asbestos, CPM scheduling consultants, environmental impact statements).
We have successfully represented public sector clients in litigation of a bid protest based on a claim that the low bid should have been rejected by our client as non-responsive.
We have represented clients in the sale of school district real property to private developers. In one instance, we were asked to attempt to re-negotiate an existing contract in the effort to attempt to obtain more favorable financial terms for the school district. Even though litigation was initiated by the developer to enforce the contract, we were able to raise various legal issues which resulted in a settlement of the litigation and agreement by the developer to pay an additional $500,000.00 to the district for the land.
We have drafted terms and conditions (i.e., General Conditions and Special Conditions) for use in construction contracts by numerous school districts and community college districts. We have also reviewed construction contract terms and conditions proposed by architects and suggested revisions on behalf of our clients. Further, we have negotiated various different types of construction contracts, including the negotiation of contracts for installation of energy management systems in school districts.
We have also represented our public sector clients in litigation involving CEQA and environmental issues. We have assisted our clients in all manners of pre-bid, bidding, and contract award issues. In this regard, we have evaluated and advised our clients on bid protests, and we have assisted our clients to establish and apply pre-qualification standards to construction contractors. We have also successfully assisted our public sector clients with advice and guidance on the administration of construction contract claims.
We have successfully represented clients in a number of litigations against architects where plans and specifications prepared by the architect were not to building code requirements or generally did not meet the standard of care applicable to architects. In other cases, we have successfully negotiated settlements with architects, their subconsultants and insurance carriers to resolve our clients’ claims based on deficiencies in the plans and specifications prepared by the architect/subconsultant.
Several years ago, one of our clients determined that due to poor performance by the prime contractor, it was necessary to terminate a construction contract which covered the construction of a new multi-facility school site. We assisted the client in terminating the contract and we also assisted the client in the negotiation of a new “completion contract” with a separate contractor to complete the construction project. Subsequently, the terminated contractor filed suit against the school district seeking $1,500,000.00 in damages. On behalf of the school district, we cross-complained against the contractor and its surety. After several years of intense litigation, the following results were achieved: (1) Judgment was entered in favor of the district on the contractor’s complaint; (2) The district received a judgment of approximately $624,000.00 on its cross-complaint against the contractor; and (3) The district settled its cross-complaint against the surety when the surety agreed to pay the school district an additional $350,000.00. Thus, what started out as a $1,500,000.00 suit against the district, ended with the district acquiring through judgment and settlement, a gain of approximately $1,000,000.00.
In one case we handled, problems started early in the project when numerous claims were made by the contractor for extras, which were denied by the school district. Ultimately, the contractor failed to complete the work and we successfully negotiated with the surety to have the work completed. Several months after completion, the school district was sued by the contractor. On behalf of the district, we filed cross-complaints against the contractor and against its surety. Additionally, the project architect cross-complained against the district. On behalf of the district, we entered into settlement negotiations with all parties in the litigation. After a flurry of negotiations, we were able to achieve a settlement on precisely the terms that the district desired from the outset, that is, all parties dropped their complaints and cross-complaints and the district was not required to pay for any of the extra costs claimed by the contractor.
We have represented public sector clients in a number of litigations with construction contractors involving contracts of up to approximately $22,000,000.00 in value. In one matter, we represented a client in litigation stemming from construction of a $13,000,000.00 facility. This litigation involved a complaint by the contractor and one of its subcontractors against the district. Through the use of an independent mediator, we assisted the district to arrive at a settlement under which the contractor’s claim, which was in excess of one million dollars, was settled at a cost of $20,000.00 to our client.
In another instance, we were first retained to represent a school district in construction litigation after the contractor had obtained a judgment against the district for over $800,000.00. The school district had been represented by another law firm and lost its case at the trial court level. We filed an appeal on behalf of the district, and subsequently we successfully negotiated a settlement with the contractor under which the school district’s liability was reduced from in excess of $800,000.00 to $250,000.00.
Our representation of clients has included litigation over ownership of real property based on principals of adverse possession.
We have experience in representing clients in eminent domain and condemnation proceedings from obtaining appraisals through final determination of just compensation.
On March 5, 2002, voters approved the issue of general obligation bonds under Proposition 39 to build a new campus in Newark, California as well as renovate many of the existing buildings on the campus in Fremont, California. The firm provided legal advice on the acquisition of 81 acres of land in Newark as a site for the new campus.
Our firm handles a variety of matters related to district facilities and property. For example, many of our clients are seeking ways to finance new and interim facilities. The financing alternatives about which we advise our clients include Mello-Roos districts, developer fees, redevelopment agency financing, general obligation bonds, levying of special taxes, lease-purchase financing, public leaseback corporations, joint occupancy agreements, and interim facilities financing through the School Facilities Act. Our experience includes representing districts on land use, real property transactions, ADA access, eminent domain and school construction projects.
- Assisted the Chabot-Las Positas Community College District with the purchase of a 25,000 square foot office building valued at over four million dollars to be used as the site of the new District administrative offices.
- Represented Lakeside Union School District in litigation of a $500,000 contractor claim for damages on a middle school renovation.
- Represented Porterville Unified School District in a lawsuit against the project architect that arose during the design and construction of a new high school campus.
- Represented the Susanville School District in litigation initiated by the prime contractor on a school construction contract. After years of intense litigation, the contractor’s case was dismissed, a judgment of $124,000 was acquired on a cross-complaint filed by the District against the contractor, and an additional $350,000 was acquired in a settlement with the contractor’s surety.
- Assisted the Chula Vista School District to negotiate the settlement of a dispute over defective design and performance of heating, ventilation and air conditioning systems for 11 schools within the District. We were successful in obtaining over one million dollars for the District from the architect and engineering firms as compensation for the defective systems.
Areas of litigation defended or prosecuted by our firm include construction contracts, bid protests, sex discrimination, race discrimination, Americans With Disabilities Act, religious discrimination, personal injury, wrongful termination, Section 504 of the Rehabilitation Act of 1973, real property boundary disputes, Title 5, domestic litigation, First Amendment speech, disputes arising from the administration of collective bargaining agreements, employee discharge, unfair labor practice charges, Personnel Commission Regulations, fraud and misrepresentation, Brown Act, retiree benefits and numerous other areas of litigation. Additionally, we have provided insurance defense representation for numerous insurance and insurance management companies in accordance with their policies, including the Corroon and Black Co., Farmer Insurance Company, Gallagher Bassett Services, lnc, Zurich-American Insurance Group and Coregis Group.
We believe in building strong personal relationships with our clients and in creating a friendly working environment with them. Our success to date has been built on responsive, progressive, dynamic training and legal representation that fosters a satisfying professional association by anticipating difficulties and reducing potential liability through collective, collaborative planning.
Our staff of attorneys has experience in all aspects of governmental tort law. Our staff of attorneys work regularly in assisting community colleges, school districts and other public sector clients in the implementation and processing of claims filed against them and the defense thereof.
Our attorneys have experience in defending public sector clients in allegations of negligence, defamation, intentional infliction of emotional distress, assault, battery, false imprisonment and breach of contract. Our staff is particularly experienced in defending public sector clients in sexual harassment and wrongful termination claims involving violations of due process and discrimination based on race, gender and disability including expertise with the Americans with Disabilities Act and the Older Workers’ Benefits Act, Section 504.
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