HomeMy WebLinkAboutRes 08-47 Approving an Agreement with Akin Gump Strauss Hauer and FeldTOWN OF WESTLAKE
RESOLUTION NO. 08-47
APPROVING THE ACCEPTANCE AND EXECUTION OF AN AGREEMENT WITH
AKIN GUMP STRAUSS HAUER & FELD, LLP FOR 2008 LEGISLATIVE SERVICES
RELATED TO THE ACADEMY.
WHEREAS, the Town Manager, at the Board of Aldermen's direction on May 5, 2008
has researched the engagements and scope of services for education consultants and legal
services it currently receives; and
WHEREAS, this proposed revised scope of services from Akin Gump described in
attached Exhibit A does not duplicate work presently underway by other education consultants
and legal services currently retained by the Town; and
WHEREAS, the Board of Aldermen desires to have this scope of services provided to
the Town which will include monitoring and participating in the upcoming Senate Education
Committee hearings related to public school facilities funding; and
WHEREAS, the Board of Aldermen finds that the agreement is acceptable and
beneficial to the Town;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1. The above findings are hereby found to be true and correct and are
incorporated herein in its entirety.
SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby approves
the acceptance and execution of the agreement with Akin Gump Strauss Hauer and Feld, LLP
for legislative services as outlined in the attached Exhibit "A".
PASSED AND APPROVED ON THIS 28th DAY OF JULY 2008.
ATTEST, Laura Wheat, Mayor
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Sutter, TRMC, Town Secretary
AKIN GUMP
S T R A U S S H A U E R & P E L D LLP
Attorneys at Law
June 30, 2008
Tom Bryiner
Town Manager
Town of Westlake
3 Village Circle, Suite #202
Westlake, TX 76262
JODY RICHARDSON
512.499.62381fax: 512.703.1112
jrichardson@akingump.com
Re: Revised Proposal for 2008 Legislative Work Relating to Charter School Improvements
Dear Tom:
Pursuant to our conversations, this letter is our revised Proposal for assisting the Town of
Westlake ("Westlake" or the "Town") in its legislative involvement with both the charter school
community and the Texas Legislature in preparation for the 2009 Legislative Session. As in the
past couple of legislative sessions, the charter school community hopes to obtain favorable
changes to state law to allow for more, and more equitable, state funding for charter schools.
A Little Background
In view of the fact that the Board of Aldermen has changed significantly in the recent past, and
the Town has a new mayor and a. new Town Manager, and due to the fact that the Westlake
Academy headmaster soon will retire and be replaced, I think it might be worthwhile to provide
you a short background on the long standing relationship my law firm and I have had with the
Town. In addition, I believe a little information about my expertise and experience may be of
interest.
The Town first retained me in 2000, and we worked together successfully in the 2001 Legislative
Session. I have provided legislative/lobby services to the Town since that time. The issues
facing the Town have varied from Session to Session, which is both extremely interesting and
invigorating, and also challenging. We have worked together on:
(1) legislation authorizing a non -home rule municipality to own a charter school,
(2) legislation authorizing use of certificates of obligation by a non -home rule municipality
to finance improvements at its owned charter school;
(3) issues relating to Texas Student Housing;
(4) the annexation issues facing Westlake and Trophy Club (the 58 acres);
300 West 6th Street / Suite 2100 1 Austin, TX 78701-2916 1 512.499.6200 1 fax: 512.499.6290 1 akingump.eom
AKIN GUMP
STRAUSS HAUER & FEL DL.t-p
Attorneys at Law
Tom Brymer
June 30, 2008
Page 2
(S) issues relating to franchise fees a city is allowed to impose on utilities and others using
right-of-way;
(6) local option election substitute legislation to obtain authority to permit sales of wine, beer
and liquor in the Town liquor by the drink election avoidance (because of geography it
was not possible for Westlake to hold such an election); and
(7) matters involving the municipal court of record (involving Trophy Club)—and many
other issues.
Together we have built on and enhanced the Town's relationships with its state representative and
state senator, and we have established an identity at the Legislature. Due to the high quality of
Westlake Academy, Westlake and the Academy are seen as role models in the charter school
community for high performing entities.
My Experience
One of the reasons Westlake initially retained me was my expertise in special taxing district
matters. I began my legal career at Vinson & Elkins in Houston and after my first two years as a
litigator, I joined the firm's public finance group. For the remaining 9 years of my time at that
farm, I split my time between practicing public finance law and lobbying. In 1991,. I moved to
any present firm where I continued to serve as general counsel for municipal utility districts
("MUDs") in the Austin area. Today, I no longer have time to serve as MUD general counsel but
I do represent two county development districts, and I represent developers and lenders as a
"MUD expert" in their transactions with MUDs and other types of special districts. I also
represent a group of tax increment reinvestment zones in Houston and elsewhere in the state who
are concerned about their continuing ability to receive school district tax increments (which are
no longer permissible but are grandfathered in their eases). I am looked at by legislative staff as
a neutral source of "the law" when special district issues face them, and I participate in the water
district stakeholders group operating at the Capitol to sort through issues affecting the special
district community.
I have lobbied during 14 legislative sessions, or 28 years. My clients include the Motion Picture
Association of America, the Entertainment Software Association (the videogame trade
association), CBS Outdoor, the Goodrich Corporation, Plains Marketing (a crude oil transporter),
among other clients. I enjoy the variety of the client issues and the ability to work with a large
portion of the legislature.
AKIN GUMP
STRAUSS HAUER & I4ELDLLP
Attorneys at Law
Tom Brymer
June 30, 2008
Page 3
The Fee Arrangement and its Implications
During the legislative Session years, the Town has entered into a contract with my firm that pays
us $60,000, in exchange for which I work on any and all assignments made by the Town and
Town Manager. In the "off years", we have been working under a simple hourly rate billing
system. Interim Town Manager Joe Hennig and I discussed the hourly arrangement and we
agreed it may not be the best structure, because it imposes a sort of "chilling effect" on the Town,
since every call to me costs the Town money. We agreed that it could be an improvement to
settle on a retainer for the 2008 calendar year so that the Town would know what the legal/lobby
fees would be and I would be given a specific and discrete work assignment.
The 2008 Assignment
The Texas Legislature is organized around standing committees, and the Senate Education
Committee is conducting a study of facilities funding for public schools. The Interim Town
Manager and I agreed that it made sense for the Town to retain me at a capped rate of $15,000 to
(1) monitor the Education Committee's actions on this study and (2) to coordinate with the Town
and the larger charter school community to ensure charter schools facilities funding is addressed
at the same time as for traditional public schools. The assignment included the thought that a
representative from Westlake Academy might participate in the committee hearing and that I
would assist both in guiding the testimony and in briefing the committee members in advance of
and after the hearing.
The Proposal
We propose that Westlake pay Akin Gump Strauss Hauer & Feld LLP ("Akin Gump") legislative
fees in the amount of $15,000 for work in 2008 related to the Texas Legislature's approach to
and policies concerning funding for charter schools. This representation is directed solely
toward the Texas Legislature and not the Texas Education Agency ("TEA"), and does not include
any work in connection with efforts to reduce or eliminate TEA's imposition of fines or penalties
on Westlake Academy.
This fee includes work in connection with the following tasks:
(1) preparation of an inventory of all the participants in charter school policies before
the Texas Legislature, listed in Exhibit "A", attached to this Proposal;
(2) monitoring activity of the Senate Education Committee, with particular focus on
its charge related to public school facilities funding (described more fully in
Exhibit "B", attached to this Proposal);
AKIN GUMP
STRAUSS HAUER & FELDLLP
Attomeys at Law
Tom Brymer
June 30, 2008
Page 4
(3) coordinating Westlake and Westlake Academy to determine appropriate witnesses
to appear at Senate Education Committee hearing on behalf of Westlake Academy
and the statewide charter school movement, and assist in preparation of
testimony;
(4) communicating with elected officials as necessary and effective to tell the story
of charter schools' need for more, and more equitable, public funding, and
(5) preparation of full and complete periodic reports to Westlake on activities related
to charter school issues.
Proposed Payment Terms
Akin Gump's payment policy includes a goal of receiving payment for our work in the year the
work is performed, which means that we bill in advance of each payment period. Thus, under
the initial Proposal, Akin Gump proposes to bill Westlake for one half the retainer in July, and
the second half in December, 2008. In this manner, the law firm will be paid in full by Westlake
before the end of fiscal year 2008, for 2008 work.
Summary
The work described in this revised Proposal has not changed from the work set forth in the initial
Proposal. The work is important and time consuming and is offered at a very low rate as a
gesture of our continuing commitment to serve Westlake and Westlake Academy. Our main goal
in preparing the Proposal was to reduce the hesitancy the Town might feel in contacting the law
firm due to concerns about legal fees. Under this Proposal, the fees are set and cannot soar "out
of control" as might otherwise be feared.
If this revised Proposal is acceptable, please sign as indicated and return to me, retaining a copy
for your files. We very much appreciate Westlake's business and we look forward to helping
with this important initiative.
Very truly yours,
Jody Richardson
AKIN GUMP
STRAUSS HAUER & FELDLLP
Attorneys at Law
Tom Brymer
June 30, 2008
Page 5
ACCEPTED BY TOWN OF WESTLAKE
Title: Town r
Manager
Date: -3a-
Attachments: Exhibit "A" and Exhibit `B"
6215481 v3
EXHIBIT "A"
Texas Charter C.H.O.I.C.E -- Founded by charter school educators, Charter C.H.O.I.C.E.
provides charter school administrators, teachers, parents, and students a unified voice, in so
doing, Charter C.H.O.I.C.E. serves as a conduit through which individuals may join with others
in showing their unified support of Texas charter schools.
Association of Charter Educators of Texas -- ACE began as an outgrowth of an informal
working group that arose around the common interests of our diverse community of schools.
ACE incorporated in January 2001 as a 501 (c) (3) non-profit and now operates as the statewide
membership organization serving open -enrollment and college or university charter schools.
ACE serves its member schools through the following:
Offering technical assistance by hosting workshops and trainings throughout the
State of Texas; acting as an advocate and liaison for charters with the Texas
Education Agency through its bimonthly meetings with the Commissioner of
Education and senior staff of the Texas Education Agency;
Providing statewide and regional networking opportunities for charter educators
in Texas; and
Serving as the voice of Texas charters by providing information to the Texas
Legislature.
ACE is governed by a 19- member board with 15 of those members elected by member school
sponsoring entities in each region. The remaining 4 members are At -Large Representatives and
are elected by ACE Board Officers.
ACE serves charters throughout the state through member -elected ACE Board representation in
each of 7 distinct geographic areas across Texas.
There are 84 ACE charter members representing approximately 165 charter campuses in Texas.
The Alliance of Charter Schools of Texas -- This is a combination of Charter C.H.O.I.C.E. and
ACE. The Alliance of Charter Schools of Texas is an alliance of charter schools that share a
common goal of serving and supporting the breadth and depth of effective charter schools in this
state. This includes but is not limited to working toward the E's of Equitable Funding, Equitable
Due Process, and an accountability system that accurately demonstrates a school's Effectiveness
in serving students and meeting its mission.
Charter School Policy Institute -- The Institute proactively provides timely high quality
information, analysis, and opinion to policymakers, thought leaders, and key stakeholders in
Texas and across the nation. By elevating policy discussions above the noise of day-to-day
charter school operator issues, CSPI is a resource for independent information about quality
public charter schools.
The Institute's efforts stem from the belief that the power of credible and unbiased information in
the hands of key stakeholders can influence the direction of Texas charters and increase the
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quality of public school choice. CSPI works to ensure the new generation of public charter
schools fulfills their potential to transform public education. The Institute convenes academic,
business, school, and civic leaders in discussion forums, facilitates and promotes policy reports
and research on issues critical to school improvement, and offers analysis and opinion to the
media and key stakeholders.
The Institute is located in Austin and led by Jonas Chartock, President and CEO. The staff
includes a Policy and Research Director, an Executive Assistant/Office Manager, and Research
Fellows who advance the work of Institute. When appropriate, CSPI collaborates with
universities, foundations, government, and other policy centers in the fulfillment of its mission.
CSPI has nine focus areas during the launch of the organization. The Institute delivers much of
its content virtually through our website. CSPI will also host live events.
Next t� -- Formed by CSPI (see above). The Next Step campaign is an effort to build a
robust, highly effective statewide association for Texas charter schools. The Charter School
Policy Institute is providing the forum and process for building this world class organization
Texas Charter Coalition -- This organization operated during the 2003 and 2005 Texas
Legislative Sessions. It appears not to currently be operating.
Coalition for Effective Charters -- While many charter schools are excelling, some are not.
The Coalition for Effective Charters (CEC) was formed to advocate for effective public charter
schools as a means of providing a strong and tuition -free education for all Texas children,
regardless of income.
CEC is comprised of high -performing charter school leaders, concerned parents, business
leaders, and other members of the community who are working for legislative change in Texas.
The changes would provide facilities funds as incentives to high -performing public charter
schools, equitable support for charter schools, and a process to close poor -performing charters so
all Texas children receive the education they need to succeed in life.
TEACH -- Formed by the Texas Charter Coalition and the Coalition for Effective Charters,
TEACH will advocate in conjunction with the Charter School Policy Institute's "Next Step",
which is a membership organization.
The Resource Center for Charter Schools -- The mission of the Resource Center is to improve
public education in Texas by supporting the successful operation of high-quality charter schools.
This is done by providing information, access to professional expertise, and direct technical
support. The primary goal of the Resource Center is to see that a significant number of
established charter schools remain strong, viable, and effective. In addition to daily technical
assistance, the RCCS offers conferences, workshops, a website and numerous publications for
each charter.
The Resource Center was formed in 1997 as a 501(c) 3 non-profit organization by a group of
Texas business leaders who understood the vision of Texas charter schools and the significant
impact these schools could have on improving the state's public education system. These leaders
realized that charter schools may need access to a variety of resources in order to be effective.
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EXHIBIT "B"
Review and make recommendations that address the state's facility infrastructure needs for
public schools, ensuring that funding remains stable, reliable, and equitable. Examine the need
for funding adjustments for factors that affect the need for facilities such as fast growth, age and
condition of facilities, adequacy of space, construction and land costs and concentration of
students requiring smaller class sizes. Assess the impact on property taxpayers of "rolling
forward" the Existing Debt Allotment each session, and the change in biennial appropriations for
the Instructional Facilities Allotment.