The purpose of this report is to request City Council approval of a professional services agreement with Michael H. Miller to serve as the neutral advisor to the Civil Service Board in employee appeal hearings.

A City employee has appealed their discipline to the Burbank Civil Service Board. One attorney in the City Attorney�s Office is participating in this matter to represent the City�s position. However, in order to avoid conflict of interest issues, the City Attorney has recommended that we secure the services of a third party advisor to the Civil Service Board. Mr. Michael H. Miller will serve as the neutral advisor to the Civil Service Board for this appeal hearing. Mr. Miller has extensive experience advising civil service boards in disciplinary hearings in other cities.

Staff anticipates that the cost for Mr. Miller�s services will not exceed $10,000. There are monies available in the unappropriated fund balance for this service. If acceptable, a Fiscal Year 2002-03 Budget Amendment could appropriate $ 10,000 from Account No. 001.ND000.30004.0000 (Unappropriated Fund Balance) to Account No. 001.MS01A.

62085.0000 (Other Professional Services).

It is recommended that the City Council approve the proposed resolution for the Fiscal Year 2002-03 Budget Amendment and approve the Professional Services Agreement with Michael H. Miller to serve as the neutral advisor to the Civil Service Board in this appeal hearing.

JOHN K. NICOLL

Management Services Director