Proposed Lead Attorney: Harry Finkle

Law Offices of Harry Finkle, A Professional Corporation

P.O. Box461
Carmel By-the-Sea, Ca 93921
(Phone) 831.622.9124
[Cell]
[Fax] 831.309.9920

Description of Qualifications and Experience: Please see attached Proposal

Current Hourly Rate- Harry Finkle- $250/hour (preferred rate for public sector clients;
private sector clients, $395/hour)

Client References:

Delfino Trust: Attention Patricia Delfino

Watsonville CA

Bob and Judith Profeta

Owners, Alain Pinel Realtors

Juniper between 5'11 and 6'11

Carmel By-the-Sea, Ca 93921

831.622.1040

Stephen Cloud, Vice President

Fresno Distributing and R. V. Cloud Company

2055 E. McKinley

Fresno, CA 93703

559.442.8800/301.863.2085
 CITY OF CARMEL-BY-THE SEA
REQUEST FOR QUALIFICATIONS (RFQ) FOR LEGAL SERVICES

SECTION A: Qualifications to Provide Services

Thank you for providing the opportunity to share my legal experience with and,
potentially, to serve as the City Attorney for the incredible and unique City of Carmel By-the-
Sea.
I have lived in both Carmel, and Carmel By-the-Sea, continuously for the past 20+ years.
If selected as your City Attorney, I will maintain a law office in Carmel By-the-Sea. To insure
the consistent delivery of the highest quality legal services, if selected, and if the City so desires,
I can either affiliate with a leading firm in the field of municipal representation (I have either
been a partner in, or have deep personal and professional relations with, the State's leading firms
in this area of the law). Alternatively, and possibly additionally, I will affiliate expert local
counsel to provide full support.
Allowing for these alternatives, I am personally ready, willing, and able to provide all of
the legal services specified in the Request For Qualification's "scope of services".

Introduction

Harry Finkle presents a distinguished legal and business law background, including
extensive, hands-on experience with private and public sector employers, large and small.

Mr. Finkle graduated the University of California, Santa Barbara (with High Honors),
was elected to serve as a Member of the Hastings Law Review, and completed his legal
education graduating near the top of his class, at age 22, from Boalt Hall School of Law
(University of California, Berkeley).

After serving as an Assistant to the Postmaster General in Washington, D.C., Mr. Finkle
joined what is now the world's largest labor law firm (he was the 91h attorney hired; that firm
now numbers over 1,200 attorneys with 75 offices, globally), and became a full partner in that
firm in less than three years (in the shortest time, and at the youngest age, of any attorney in the
firm's history). Mr. Finkle then founded, and served as the Managing Partner, for that firm's
highly successful branch office in Fresno, California.
Mr. Finkle subsequently was recruited to become a Senior Partner in California's then
pre-eminent firm specializing in the representation of public sector clients. Ultimately, Mr.
Finkle established his own highly successful, 27-attorney firm specializing in public and private
sector labor relations, business litigation, and general civil practice.
Mr. Finkle's firm represented a total of approximately 65 public sector clients including
Fresno and Clovis Unified School Districts, the Cities of Clovis, Sanger, and Kingsburg, and the
Fresno Redevelopment Agency. Mr. Finkle personally served as lead Counsel for the Fresno and
Clovis Unified School Districts, and for the Cities of Clovis and Sanger. Mr. Finkle's private
clients have included the San Francisco Chronicle, Japan Airlines, Safeway Stores, the Pacific
Coast Shipbuilders Association, and Pepsi Cola.
Mr. Finkle has successfully litigated cases ranging from State and Federal administrative
hearings, to State and Federal trial and appellate court proceedings. Mr. Finkle has lectured
throughout the country on a variety of labor relations and collective bargaining topics, and
served as an Associate Professor in the School of Education at California State University,
Fresno. He also has been a Director and Governing Board member of several companies and
charitable organizations, including Radio Nevada, Consumer Credit Counseling, and Friends of
Homeward Bound [Golden Retriever Rescue].

Currently, Mr. Finkle's practice encompasses a select number of real estate and general
civil clients.

Length of Employment with Firm

Harry Finkle has been the Senior Partner, and majority principal, in his law firm
for 35 years.
Specialization
The firm specializes in public and private sector employee relations, litigation,
real estate transactions, and general civil practice.

Legal Training

Mr. Finkle first attended the University of California, Hastings College of the Law
where he was selected to serve on the Law Review. He then transferred to the
University of California School of Law (Boalt Hall) where he graduated in the top
15% of his class.

Scholastic honors and professional affiliations

Mr. Finkle graduated the University of California (Santa Barbara) with a BA in
History, with High Honors. He currently is a member of the California Bar
Association.

Date ofAdmission to the California Bar

1973. Parenthetically, based upon his scholastic achievements, Mr. Finkle was
sworn into the California Bar by Supreme Court Justice William 0. Douglas in a
private ceremony in the Justice's chambers.

Years of Practice
45 years, continuously.

Municipal or other local public' sector experience

Mr. Finkle has represented approximately 10 municipalities, 75 school districts,
and several special districts.

Knowledge of, and experience with, California Municipal Law (what percentage of
practice represents municipal law, and statement of other types of clients represented).
Municipal clients represented approximately 15% of Mr. Finkle's practice;
School districts 50%; private sector clients 35%.
 Litigation experience and track record
Mr. Finkle has litigated at virtually every judicial and quasi-judiciallevel,
including State and Federal administrative hearings (approximately 50), civil trials
(approximately 12), and appearances before the California Courts of Appeal (5), and
the federal Ninth Circuit Court of Appeals (5). Mr. Finkle experienced a very high
success rate in all litigation matters (i.e. he won all but one of the civil bench, and
jury, trials in which he was lead attorney)

Knowledge and practice of law relating to land use and planning, California
Environmental Quality Act (CEQA), general plans, real estate, environmental issues,
hazardous waste and other related law
Most recently, Mr. Finkle has had considerable experience in Monterey County
land use, planning, and real estate issues involving his private clients. While
representing municipalities and school districts, issues involving the environment
and hazardous waste were fairly common although, admittedly, incidental to the
clients' general representation.

Experience in the areas of personnel, workers' compensation, and genera/liability, and

employee relations
These are the areas of the law most heavily reflected throughout Mr. Finkle's
legal practice and experience. For example, for over 15 years, he was the primary
Counsel for all general liability and employee relations issues for both the Fresno
and Clovis Unified School Districts (respectively 10,000 employees and an annual
budget of $750 Million; 5,000 employees and $400 Million;). As another example,
for over 20 years, he served as Counsel, and exclusive labor relations specialist, for
the shipyard at Hunter's Point, San Francisco (1,500 employees)

Experience in the areas of contracts and franchises.

Mr. Finkle has reviewed, and provided legal advice regarding, literally hundreds
of contracts while representing private and public entities. He has personally
negotiated approximately 50 collective bargaining agreements. Mr. Finkle's
experience with franchise law is limited.

Experience in the preparation and review of ordinances and resolutions

Experience in the areas of the Public Records Act; the Ralph M Brown Act, the Political
Reform Act and conflicts of interest, and the Elections Code.
Mr. Finkle drafted, and assisted in implementing, dozens of ordinances and
resolutions while representing municipalities, and many more Board resolutions on
behalf of school districts. Mr. Finkle frequently counseled clients on the Brown and
Public Records Acts, and litigated specific cases involving both Acts. He also
frequently counseled, and again litigated specific cases, involving public officials'
conflicts of interest, and the Elections code.

Experience in negotiation agreements and disputes

As indicated, Mr. Finkle has negotiated approximately 50 collective bargaining
agreements, approximately one third of which were in the private sector (i.e. the
National Master Freight Agreement, the Pacific Coast Shipbuilder Agreement).
Regarding Public Sector bargaining agreements, for example, Mr. Finkle negotiated
multiple contracts with Clovis' police, firefighters, and public works employees.
Of course, the firm's general civil practice regularly involved negotiating,
interpreting, and applying numerous and varied public and private sector
agreements and contracts. Mr. Finkle has conducted dozens of successful sessions,
many successfully, and litigated at approximately 15 arbitration proceedings, again
with a high rate of success.

Whether the partner/principal or likely associates have been successfully sued for
malpractice, been the subject of complaints filed with the State Bar, or had discipline
impose by the State Bar...
Mr. Finkle has never been sued for malpractice, nor has he ever been the subject
of any complaint filed with, or discipline imposed by, the State Bar.

SECTION C: YOUR CURRENT PRACTICES/CONFLICTS OF INTERESTS

Political Contributions of any kind within the last five years made by the applicant law
firm to any member of the Carmel By-the-Sea Council: $100 contribution made to Ken
Talmage in 2016

Public Clients the Firm Has Provided Services to Within the Past five years: None

Specify current or known future professional commitments: Mr. Finkle currently

enjoys a practice with select private clients. At present there are no future client
commitments that would foreseeably impact Mr. Finkle's continuing availability for
providing legal services to the City.
The aforementioned Delfino Trust, represented legally by Mr. Finkle, and as a
realtor by his wife, Maria, owns several properties in Carmel By-the-Sea.
Conceivably, a future a conflict could develop with a specific matter involving those
properties that may impact Mr. Finkle's ability to legally and ethically represent
both the property owner and the City.

Again, thank you for the opportunity to submit this proposal.

Respectfully Submitted,

Law Offices of Harry Finkle, A Professional Corp.

By: Harry Finkle